CIVIL LAW

Q: For purposes of Civil Laws, what principle do we apply?

A: We apply the principle of nationality, which in simpler terms means that regardless of where a person may be, the law
of the country where he is a citizen of, will follow him on matters dealing with family rights and duties, status, condition and
legal capacity.
Q: What is the significance of determining legal capacity of a person?
A: You can invoke legal capacity for purposes of entering into contracts, for purposes of succession and for purposes of
entering into marriage.
PE!"#!
Q$ %s it a re&uirement that to prove change of domicile, the person must purchase a house in the community?
A. No. A candidate is not reuired to have a house in a community to establish his residence or domicile in a particular
place. !t is sufficient that he should live there even if it be in a rented house or in the house of a friend or relative. "o insist
that the candidate own the house where he lives would make property a ualification for public office. What matters is that
#alos$os has proved two things: actual physical presence in !pil and an intention of making it his domicile (Jalosjos vs.
COMELEC, April 24, 2012).
Q$ %n '()*, hus+and and wife were married$ %n '(,(, hus+and sold to a parcel of land to third parties$ %n '((-, wife
filed a case to annul the sale and reconvey the property on the ground that the sale was void since her was not
attained and that her signature was a mere forgery$ .id the action already prescri+ed?
A. No. Although they were married during the %&'( civil code, the sale was done in %&)&, after the effectivity of the *amily
+ode. "he *amily +ode applies to +on$ugal ,artnerships already established at the enactment of the *amily +ode. "he
sale of con$ugal property done by the husband without the consent of the wife is completely void under Art %-. of the
*amily +ode. With that, it is a given fact that assailing a void contract never prescribes. /n the argument that the action
has already prescribed based on the discovery of the fraud, that prescriptive period applied to the buyers since it was
them who should have assailed such contract due to the fraud but they failed to do so. /n the other hand, the action to
assail a sale based on no consent given by the other spouse does not prescribe since it is a void contract (Fuentes vs.
Roa, April 21, 2010).
Q$ %s the hotel owner is lia+le for civil damages to the surviving heirs of its hotel guest whom strangers murder
inside his hotel room?
A. Yes. 0iability on the part of the defendant is based upon the fact that he was in a better situation than the in$ured person
to foresee and prevent the happening of the in$urious occurrence. !t is enough that guests are in$ured while inside the
hotel premises to make the hotelkeeper liable. With great caution should the liability of the hotelkeeper be enforced when
a guest died inside the hotel premises. "he hotel business, like the common carrier1s business, is imbued with public
interest. +atering to the public, hotelkeepers are bound to provide not only lodging for hotel guests but also security to
their persons and belongings. "he twin duty constitutes the essence of the business.
Applying by analogy Article -(((, Article -((% and Article -((- of the +ivil +ode 2all of which concerned the hotelkeepers1
degree of care and responsibility as to the personal effects of their guests3, we hold that there is much greater reason to
apply the same if not greater degree of care and responsibility when the lives and personal safety of their guests are
involved. /therwise, the hotelkeepers would simply stand idly by as strangers have unrestricted access to all the hotel
rooms on the pretense of being visitors of the guests, without being held liable should anything untoward befall the unwary
guests (Ma!ati "#an$ri%la vs. &arper, Au$ust 2', 2012).
Q$ /ccused, in a case for +igamy, admitted that he married twice$ 0e, however, claimed that he was a 1uslim
convert way +ac2 in '((3, even +efore he contracted the first marriage$ %s accused lia+le for +igamy?
A. Yes. 4ranting arguendo that accused is indeed of 5uslim faith at the time of celebration of both marriages, he cannot
deny that both marriage ceremonies were not conducted in accordance with the +ode of 5uslim ,ersonal 0aws. "he
+ode of 5uslim ,ersonal 0aws states that in case of a marriage between a 5uslim and a non65uslim, solemnized not in
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CIVIL LAW
accordance with 5uslim law or this +ode, the *amily +ode of the ,hilippines, or 78ecutive /rder No. -(&, in lieu of the
+ivil +ode of the ,hilippines shall apply ((ollora vs. )eople, "epte*+er ,, 2011).
Q$ .oes the falsity in the /ffidavit of Coha+itation render the marriage void?
A. Yes. "he falsity of the affidavit cannot be considered as a mere irregularity in the formal reuisites of marriage. "he law
dispenses with the marriage license reuirement for a man and a woman who have lived together and e8clusively with
each other as husband and wife for a continuous and unbroken period of at least five years before the marriage. "he aim
of this provision is to avoid e8posing the parties to humiliation, shame and embarrassment concomitant with the
scandalous cohabitation of persons outside a valid marriage due to the publication of every applicant1s name for a
marriage license. !n the instant case, there was no 9scandalous cohabitation: to protect; in fact, there was no cohabitation
at all. "he false affidavit which petitioner and respondent e8ecuted so they could push through with the marriage has no
value whatsoever; it is a mere scrap of paper. "hey were not e8empt from the marriage license reuirement. "heir failure
to obtain and present a marriage license renders their marriage void a+ initio (-e Castro vs. -e Castro, Fe+ruar. 1/,
2000).
Q$ 1unicipal Civil egistrar of Carmona, Cavite issued a certification to the effect that no such marriage license
for / and 4 was issued, and that the serial num+er of the marriage license pertained to another couple$ .oes the
a+sence of the words 5despite diligent search5 in the certification render it ineffective?
A. No. <nder =ec. >2m3, ?ule %>% of the ?ules of +ourt, it is a disputable presumption that an official duty has been
regularly performed, absent contradiction or other evidence to the contrary. We held, @"he presumption of regularity of
official acts may be rebutted by affirmative evidence of irregularity or failure to perform a duty.@.A No such affirmative
evidence was shown that the 5unicipal +ivil ?egistrar was la8 in performing her duty of checking the records of their
office, thus the presumption must stand. !n fact, proof does e8ist of a diligent search having been conducted, as 5arriage
0icense No. &&A&AB was indeed located and submitted to the court. "he fact that the names in said license do not
correspond to those of 4loria and =yed does not overturn the presumption that the registrar conducted a diligent search
of the records of her office (A++as vs. A++as, Januar. /0, 201/).
Q$ %s the reception of evidence on custody, support and property relations in a nullity of marriage case necessary
for a complete and comprehensive ad6udication of the parties7 respective claims?
A. No. "he family court, shall proceed with the liuidation, partition and distribution, custody, support of common children,
and delivery of their presumptive legitimes upon entry of 6udgment granting the petition. "he trial court may receive
evidence on the sub$ect incidents after a $udgment granting the petition but before the decree of nullity or annulment of
marriage is issued (1u vs. Carpio, June 12, 2011).
Q$ 1ay a hus+and or wife of a prior marriage file a petition to recogni8e a foreign 6udgment nullifying the
su+se&uent marriage +etween his or her spouse and a foreign citi8en on the ground of +igamy?
A. Yes. "he prior spouse has a personal and material interest in maintaining the integrity of the marriage he contracted
and the property relations arising from it. "here is also no doubt that he is interested in the cancellation of an entry of a
bigamous marriage in the civil registry, which compromises the public record of his marriage. "he interest derives from the
substantive right of the spouse not only to preserve 2or dissolve, in limited instances3 his most intimate human relation, but
also to protect his property interests that arise by operation of law the moment he contracts marriage. "hese property
interests in marriage include the right to be supported 9in keeping with the financial capacity of the family:B( and
preserving the property regime of the marriage 2*u$iki vs. 5arinay, #une -A, -(%>3.
Q$ %s the e9ercise of the right of suffrage alone considered a positive act of electing Filipino citi8enship?
A. No. "he mere e8ercise of suffrage, continuous and uninterrupted stay in the ,hilippines, and other similar acts showing
e8ercise of ,hilippine citizenship cannot take the place of election of ,hilippine citizenship. Cence, respondent cannot
now be allowed to seek the intervention of the court to confer upon her ,hilippine citizenship when clearly she has failed
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CIVIL LAW
to validly elect ,hilippine citizenship. As we held in +hing, the prescribed procedure in electing ,hilippine citizenship is
certainly not a tedious and painstaking process. All that is reuired of the elector is to e8ecute an affidavit of election of
,hilippine citizenship and, thereafter, file the same with the nearest civil registry (Repu+li vs. "a$un, Fe+ruar. 12, 2012).
Q$ %s there litis pendentia involving a 6udicial declaration of heirship and a cancellation of entry in the civil
register?
A. No. "he first action is a special proceeding in which a person claiming the status of heir seeks prior $udicial declaration
of his or her right to inherit from a decedent; the second one is a special proceeding whereby a substantial change
affecting the civil status of a party is sought through the amendment of the entry in the civil register. Decause the
respective sub$ect matters in the two actions differ, any decision that may be rendered in one of them cannot constitute
res $udicata in the other. A $udicial declaration of heirship is inconclusive on the fact of occurrence of an event registered or
to be registered in the civil register, while changes in the entries in the civil register do not in themselves settle the issue of
succession (3nite- A+an$an vs. "a+ellano, June 10, 2012).
Q$ Claiming, however, that his parents were never legally married, / filed a Petition to change his name$ %s it
proper?
A. No. Cis reason for changing his name cannot be considered as one of, or analogous to, recognized grounds, however.
"he change being sought in respondent1s petition goes so far as to affect his legal status in relation to his parents. !t
seeks to change his legitimacy to that of illegitimacy (Repu+li vs. Ma$pa.o, Fe+ruar. 2, 2011).
P"PE:;
Q: What are the limitations on the right of ownership under the Philippine Constitution?
A: "he limitations are:
a. right of eminent domain
b. police power of the =tate
c. provisions on the National ,atrimony and 7conomy of the =tate
d. ta8ation
Q: What are the limitations on the right of ownership under the #ew Civil Code?
A: "he limitations are:
a. provisions against nuisances
b. right of way and easementsE waters
c. restrictions on party walls
d. contractual rights which can limit ones right of ownership
Q: What is the .octrine of %ncomplete Privilege?
A: <nder Art. .>- of the +ivil +ode, a property owner cannot prevent an interference on his property if such is necessary
to avert an imminent and great danger to other people1s properties provided that the threatened danger is much greater
than the damage suffered by the property owner of the interference
*or e8ample: A house is burning in the middle of rows of houses. "he firemen can tear down the ad$acent houses to
prevent the spread of fire. "he owners of the ad$acent houses have the right to demand indemnity from those benefited.
Q: What is co<ownership?
A: =tate where an undivided thing or right belongs to two or more persons
Q: What are the characteristics of co<ownership?
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CIVIL LAW
"here must be more than one sub$ect or owner
"here is one physical whole divided into ideal shares
7ach ideal share is definite in amount but is not physically segregated from the rest
?egarding the physical whole, each co6owner must respect each other in the common use, en$oyment, or
preservation of the physical whole
?egarding the ideal share, each co6owner holds almost absolute control over the same
!t is not a $uridical person
"here is no mutual agency
"here is no e8tinguishment upon the death of any co6owner
A co6owner is in a sense a trustee for the other co6owners
Q: .efine &uieting of title
A: A common6law remedy for the removal of any cloud upon or doubt or uncertainty wE respect to title to real property. !ts
purpose is to secure an ad$udication that a claim of title to or an interest in property, adverse to that of the complainant, is
invalid, so that the complainant and those claiming under him may be forever afterward free from any danger of hostile
claim.
Q: .istinguish usufruct from easement?
/:
=!=F=C: E/!E1E#:
/b$ect may be real or personal property !nvolves only real property
What can be en$oyed are A00 uses F fruits of the
property
7asement is limited t a particular use 2e.g. right of way3
+annot be constituted on an easement; but it may
be constituted on the land burdened by an
easement
5ay be constituted in favour, or burdening, a piece of
land held in usufruct
<sually e8tinguished by death of usufructuary Not e8tinguished by the death of the owner of the
dominant estate
Q: What are the re&uisites for legal easement of right of way?
A: "he reuisites are:
a. !t is surrounded by other immovables and has no adeuate outlet to a public highway;
b. payment of proper indemnity;
c. the isolation is not the result of its own acts;
d. the right of way claimed is at the point least pre$udicial to the servient estate; and
e. to the e8tent consistent with the foregoing rule, where the distance from the dominant estate to a public
highway may be the shortest.
"4L%>/:%"#! /#. C"#:/C:!
Q: What is capacity to contract?
A: +ontracting parties must be $uristic entities at the time of the consummation of the contract. =tated otherwise, to form a
valid and legal agreement it is necessary that there be a party capable of contracting and a party capable of being
contracted with. Cence, if any one party to a supposed contract was already dead at the time of its e8ecution, such
contract is undoubtedly simulated and false and, therefore, null and void by reason of its having been made after the
death of the party who appears as one of the contracting parties therein. "he death of a person terminates contractual
capacity. 4e 5elen 6-a. -e Ca+alu, et al. v. 7a+u, et al. (2012)
Q: When is a contract perfected?
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CIVIL LAW
A: *or a contract to be perfected, three elements are needed to create a perfected contract: %3 the consent of the
contracting parties; 2-3 an ob$ect certain which is the sub$ect matter of the contract; and 2>3 the cause of the obligation
which is established. <nder the law on sales, a contract of sale is perfected when the seller, obligates himself, for a price
certain, to deliver and to transfer ownership of a thing or right to the buyer, over which the latter agrees
.
*rom that
moment, the parties may demand reciprocal performance. "tar+ri$#t "ales Eterprises, 8n. vs. )#ilippine Realt.
Corporation, Ms$r. 4o*in$o A. Cirilos, et al. (2012)
Q: What is ratification?
A: Article %>&- of the +ivil +ode states that ratification e8tinguishes the action to annul a voidable contract. ?atification of
a voidable contract, under Article %>&>, may be effected e8pressly or tacitly. !t is understood that there is a tacit ratification
if, with knowledge of the reason which renders the contract voidable and such reason having ceased, the person who has
a right to invoke it should e8ecute an act which necessarily implies an intention to waive his right.
!mplied ratification may take diverse forms, such as by silence or acuiescence; by acts showing approval or adoption of
the contract; or by acceptance and retention of benefits flowing therefrom. "ps. Fernan-o an- Lour-es 6iloria vs.
Continental Airlines, 8n. (2012)
Q: What are eciprocal "+ligations?
A: ?eciprocal obligations are those which arise from the same cause, and in which each party is a debtor and a creditor of
the other, such that the obligation of one is dependent upon the obligation of the other. "hey are to be performed
simultaneously such that the performance of one is conditioned upon the simultaneous fulfillment of the other. *or one
party to demand the performance of the obligation of the other party, the former must also perform its own obligation.
Accordingly, petitioner, not having provided the services that would reuire the payment of service fees as stipulated in the
0ease Gevelopment Agreement, is not entitled to collect the same. "u+i 5a. Metropolitan Aut#orit. vs. &onora+le Court
o9 Appeals an- "u+i 8nternational &otel Corporation (2012)
Q: What constitutes +ad faith?
A: Dad faith does not simply connote bad $udgment or negligence; it imports a dishonest purpose or some moral obliuity
and conscious doing of a wrong, a breach of a known duty through some motive or interest or ill will that partakes of the
nature of fraud.
*raud has been defined to include an inducement through insidious machination. !nsidious machination refers to a
deceitful scheme or plot with an evil or devious purpose. Geceit e8ists where the party, with intent to deceive, conceals or
omits to state material facts and, by reason of such omission or concealment, the other party was induced to give consent
that would not otherwise have been given.
"hese are allegations of fact that demand clear and convincing proof. "hey are serious accusations that can be so
conveniently and casually invoked, and that is why they are never presumed. !n this case, the evidence presented is
insufficient to prove that respondent acted in bad faith or fraudulently in dealing with petitioner. R.". 7o*as, 8n. v. Ri:al
Ce*ent Co*pan., 8n. (2012)
Q: What constitutes a waiver?
A: Waiver is defined as 9a voluntary and intentional relinuishment or abandonment of a known e8isting legal right,
advantage, benefit, claim or privilege, which e8cept for such waiver the party would have en$oyed; the voluntary
abandonment or surrender, by a capable person, of a right known by him to e8ist, with the intent that such right shall be
surrendered and such person forever deprived of its benefit; or such conduct as warrants an inference of the
relinuishment of such right; or the intentional doing of an act inconsistent with claiming it.:
**++!1s voluntary payment in favor of C?++, albeit in amounts substantially different from those claimed by the latter, is a
glaring indication that it had effectively waived its right to demand for the $oint measurement of the completed works.
**++!1s failure to demand a $oint measurement of C?++1s completed works reasonably $ustified the inference that it had
already relinuished its right to do so. F.F. Cru: ; Co., 8n. vs. &R Constrution Corp. (2012)
Q: When can mista2e vitiate consent?
A: *or mistake as to the ualification of one of the parties to vitiate consent, two reuisites must concur:
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CIVIL LAW
%. the mistake must be either with regard to the identity or with regard to the ualification of one of the contracting
parties; and
-. the identity or ualification must have been the principal consideration for the celebration of the contract.
Q: What are the remedies of a party in case of +reach?
A: "he parties to a contract are allowed to stipulate on liuidated damages to be paid in case of breach. A perusal of the
significant provisions of the +onstruction +ontract and the relevant construction documents would show that the rights to
liuidated damages and to terminate the contract are distinct remedies that are available to respondent. As long as the
contractor fails to finish the works within the period agreed upon by the parties without $ustifiable reason and after the
owner makes a demand, then liability for damages as a conseuence of such default arises.
With the modification of the contract period, petitioner was obliged to perform the works and deliver the units. Yet it still
reneged on its obligation. Assuming that the reasons for valid e8tension indeed e8ist, still, petitioner should bear the
conseuences for the delay when petitioner failed to meet its new deadline.. Atlanti Eretors, 8n. vs. Court o9 Appeals
an- &er+al Cove Realt. Corporation (2012)
Q: .istinguish +etween /nnulment and escission
A: Annulment under Article %>&( of the +ivil +ode and rescission under Article %%&% are two inconsistent remedies. !n
resolution, all the elements to make the contract valid are present; in annulment, one of the essential elements to a
formation of a contract, which is consent, is absent. !n resolution, the defect is in the consummation stage of the contract
when the parties are in the process of performing their respective obligations; in annulment, the defect is already present
at the time of the negotiation and perfection stages of the contract. Accordingly, by pursuing the remedy of rescission
under Article %%&%, there was implied admission of the validity of the sub$ect contracts, forfeiting their right to demand their
annulment. A party cannot rely on the contract and claim rights or obligations under it and at the same time impugn its
e8istence or validity. !ndeed, litigants are en$oined from taking inconsistent positions.
"he right to rescind a contract for non6performance of its stipulations is not absolute. "he general rule is that rescission of
a contract will not be permitted for a slight or casual breach, but only for such substantial and fundamental violations as
would defeat the very ob$ect of the parties in making the agreement. Whether a breach is substantial is largely determined
by the attendant circumstances.
<nder Article %%&-, in case both parties have committed a breach of the obligation, the liability of the first infractor shall be
euitably tempered by the courts. !f it cannot be determined which of the parties first violated the contract, the same shall
be deemed e8tinguished, and each shall bear his own damages. "ps. Fernan-o an- Lour-es 6iloria vs. Continental
Airlines, 8n. 2-(%-3
Q: Can rescission +e waived?
A: Yes. "he rescission referred to in Article %%&% of the +ivil +ode, more appropriately referred to as resolution, is on the
breach of faith by the defendant, which is violative of the reciprocity between the parties. "he right to rescind, however,
may be waived, e8pressly or impliedly. While the right to rescind reciprocal obligations is implied, that is, that such right
need not be e8pressly provided in the contract, nevertheless the contracting parties may waive the same. F.F. Cru: ; Co.,
8n. vs. &R Constrution Corp. (2012)
Q: What is novation?
A: A novation arises when there is a substitution of an obligation by a subseuent one that e8tinguishes the first, either by
changing the ob$ect or the principal conditions, or by substituting the person of the debtor, or by subrogating a third person
in the rights of the creditor. *or a valid novation to take place, there must be, therefore: 2 a3 a previous valid obligation; 2+3
an agreement of the parties to make a new contract; 23 an e8tinguishment of the old contract; and 2-3 a valid new
contract.
"o be clear, novation is not presumed. "his means that the parties to a contract should e8pressly agree to abrogate the
old contract in favor of a new one. !n the absence of the e8press agreement, the old and the new obligations must be
incompatible on every point. "here is incompatibility when the two obligations cannot stand together, each one having its
independent e8istence. !f the two obligations cannot stand together, the latter obligation novates the first.
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CIVIL LAW

A new contract that is a mere reiteration, acknowledgment or ratification of the old contract with slight modifications or
alterations as to the cause or ob$ect or principal conditions can stand together with the former one, and there can be no
incompatibility between them. 5oreover, a creditor1s acceptance of payment after demand does not operate as a
modification of the original contract. 0astly, the e8tension of the maturity date did not constitute a novation of the previous
agreement. !t is settled that an e8tension of the term or period of the maturity date does not result in novation. &eirs o9
"ervan-o Frano vs. "ps. 6eronia ; 4anilo <on:ales (2012)
!/LE! /#. LE/!E
Q: .istinguish +etween a contract of sale and a contract to sell
A: "he elements of a contract of sale are, to wit: a3 +onsent or meeting of the minds, that is, consent to transfer ownership
in e8change for the price; b3 Geterminate sub$ect matter; and c3 ,rice certain in money or its euivalent. !t is the absence
of the first element which distinguishes a contract of sale from that of a contract to sell.
!n a contract to sell, the prospective seller e8plicitly reserves the transfer of title to the prospective buyer, meaning, the
prospective seller does not as yet agree or consent to transfer ownership of the property sub$ect of the contract to sell
until the happening of an event, such as, in most cases, the full payment of the purchase price. What the seller agrees or
obliges himself to do is to fulfill his promise to sell the sub$ect property when the entire amount of the purchase price is
delivered to him. !n other words, the full payment of the purchase price partakes of a suspensive condition, the non6
fulfillment of which prevents the obligation to sell from arising and, thus, ownership is retained by the prospective seller
without further remedies by the prospective buyer.
!n a contract of sale, on the other hand, the title to the property passes to the vendee upon the delivery of the thing sold.
<nlike in a contract to sell, the first element of consent is present, although it is conditioned upon the happening of a
contingent event which may or may not occur. !f the suspensive condition is not fulfilled, the perfection of the contract of
sale is completely abated. Cowever, if the suspensive condition is fulfilled, the contract of sale is thereby perfected, such
that if there had already been previous delivery of the property sub$ect of the sale to the buyer, ownership thereto
automatically transfers to the buyer by operation of law without any further act having to be performed by the seller. "he
vendor loses ownership over the property and cannot recover it until and unless the contract is resolved or rescinded.
6ir$ilio ". 4avi- vs. Misa*is Oi-ental 88 Eletri Cooperative, 8n. (2012)
Q: What is a dou+le sale?
A: A double sale situation, which would call, if necessary, the application of Art. %'.. of the +ivil +ode, arises when, as
$urisprudence teaches, the following reuisites concur: 2a3 "he two or more sales transactions must constitute valid sales;
2b3 "he two 2or more3 sales transactions must pertain to e8actly the same sub$ect matter; 2c3 "he two 2or more3 buyers at
odds over the rightful ownership of the sub$ect matter must each represent conflicting interests; and 2d3 "he two 2or more3
buyers at odds over the rightful ownership of the sub$ect matter must each have bought from the very same seller.

Q: What is a purchaser in good faith?
A: A purchaser in good faith is one who buys property without notice that some other person has a right to or interest in
such property and pays its fair price before he has notice of the adverse claims and interest of another person in the same
property. Cowever, where the land sold is in the possession of a person other than the vendor, the purchaser must be
wary and must investigate the rights of the actual possessor; without such inuiry, the buyer cannot be said to be in good
faith and cannot have any right over the property.
Q: Can a void and ine9istent sale +e ratified?
A: As to the applicability of Article %>%B of the +ivil +ode, contracts of sale lacking the approval of the =ecretary of the
!nteriorEAgriculture and Natural ?esources fall under the class of void and ine8istent contracts enumerated in Article %.(&,
which cannot be ratified. =ection %) of Act No. %%-( mandates the approval by the =ecretary for a sale of friar land to be
valid. "he official document denominated as 9=ale +ertificate: clearly reuired both the signatures of the Girector of 0ands
who issued such sale certificate to an applicant settlerEoccupant an- the =ecretary of the !nteriorEAgriculture and Natural
?esources indicating his approval of the sale. "hese forms had been prepared and issued by the +hief of the Dureau of
,ublic 0ands under the supervision of the =ecretary of the !nterior, consistent with Act No. %%-( 9as may be necessary 8 8
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CIVIL LAW
8 to carry into effect all the provisions HthereofI that are to be administered by or under HhisI direction, and for the conduct
of all proceedings arising under such provisions.: "erverino M. Manoto! 86, et al. vs. &eirs o9 &o*er L. 5ar=ue,
represente- +. 7eresita 5ar=ue &ernan-e: (2012)
Q: When is there an implied new lease?
A: An implied new lease will set in if it is shown that: 2%3 the term of the original contract of lease has e8pired; 2-3 the
lessor has not given the lessee a notice to vacate; and 2>3 the lessee continued en$oying the thing leased for %' days with
the acuiescence of the lessor. "his acuiescence may be inferred from the failure of the lessor to serve notice to vacate
upon the lessee. "his principle is provided for under Article %AB( of the +ivil +ode. "hus, after the e8piration of the
contract of lease, the implied new lease should have only been in a monthly basis. >osi*a 8n. v. "ali*+a$at? (2012)
Q: What is a condominium?
A: <nder =ection - of ?A .B-A, a condominium is an interest on real property consisting of a separate interest in a unit in
a residential, industrial or commercial building and in undivided interest in common, directly or indirectly in the land on
which it is located and in other common areas of the building.
Q: What is the rule on alien holdings?
A: !f the common areas are in the name of the unit holders as co6owners, then no unit may be transferred e8cept to
*ilipino citizens or corporations at least A(J *ilipino owned, e8cept by hereditary succession. !f the common areas are in
the name of the condo corporation, then .(J of the units may be sold or transferred to aliens, or alien entities, so long as
the stockholdings of *ilipinos in the condo corp do not amount to less than A(J.
Q: What are the mechanics of a condominium corporation?
A: As to form: "he corporation may be stock or non6stock corporation.
%. !n stock corporations, shares of stock are issued. *or every condominium owned, one share is issued.
-. !n non6stock corporations, certificates of membership are issued.
!=CCE!!%"#
Q: .ifferences +etween the succession to a legitimate and an illegitimate person$
/:
Legitimate .ecedent %llegitimate .ecedent
0egitimate parents and other legitimate ascendants are
e8cluded only be legitimate children and their legitimate
descendants, as well as by an adopted child. 0egitimate
parents and other legitimate ascendants en$oy a
preference over illegitimate children and their
descendants.
!llegitimate parents are e8cluded by any descendant,
whether legitimate or illegitimate, as well as by an adopted
child. !llegitimate children and their descendants en$oy a
preference over the illegitimate parents.
=uccession in the ascending line includes legitimate
parents and other legitimate ascendants.
=uccession in the ascending line is limited to the
illegitimate parents only. /ther illegitimate ascendants are
e8cluded.
0egitimate brothers, sisters, nephews and nieces en$oy a
preference over all other legitimate collateral relatives
within the fifth degree, for which reason they e8clude
legitimate uncles and aunts.
!n the collateral line, succession is limited to illegitimate
brothers, sisters, nephews and nieces. No other collateral
relative is considered an intestate heir.
Q: What are the successional rights of the adopting parents?
/:
Page 8 of 14
CIVIL LAW
%. Adopting parents inherit from the adopted child only in intestacy. !f the adopted child should e8ecute a will, the law on
testamentary succession will apply. "he adopted child may, however, provide something for the adopting parents
either by instituting either or both of the adopting parents as voluntary heir2s3, or by giving either or both a legacy or a
devise. !n any event, the adopting parents will not inherit as compulsory heirs. "he biological parents retain their
status as the legal heirs of the adopted child in case the biological parents are called upon to succeed.
-. As voluntary heirs, the adopting parents are not entitled to receive the legitime.
>. !n Article %&( of the *amily +ode, the adopting parents inherit by intestacy only in four specific instances, namely:
2a3 When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted child concur with the
adopters, they shall divide the entire estate, one6half to be inherited by the parents or ascendants and the other
half by the adopters;
2b3 When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they shall divide
the entire estate in eual shares, one6half to be inherited by the spouse or the illegitimate children of the adopted
and the other half, by the adopters;
2c3 When the adopters concur with the illegitimate children and the surviving spouse of the adopted, they shall divide
the entire estate in eual shares, one6third to be inherited by the illegitimate children, one6third by the surviving
spouse, and one6third by the adopters;
2d3 When only the adopters survive, they shall inherit the entire estate.
.. !n the four instances that the adopting parents inherit from the adopted child in intestacy, Article %&( of the *amily
+ode simply gave the adopting parents the disposable free portion, after paying the legitime of the compulsory heirs.
"hus:
2a3 !n the first case, the adopting parents concur with the biological parents of the adopted child. "he legitime of the
biological parents is one6half of the estate, whether the parents are legitimate or illegitimate. "he other half of the
estate is the disposable free portion which Article %&( awards to the adopting parents.
2b3 !n the second case, the adopting parents concur with the illegitimate children or the surviving spouse of the
adopted child. "he legitime of illegitimate children is one6half of the estate. !n the alternate case, the legitime of
the surviving spouse is likewise one6half of the estate. !n either case, therefore, the other half of the estate which
Article %&( awards to the adopting parents represent the disposable free portion.
2c3 !n the third case, the adopting parents concur with the illegitimate children and the surviving spouse of the
adopted child. "he legitime of the illegitimate children is one6third of the estate; the legitime of the surviving
spouse is likewise one6third of the estate. Article %&( awards the remaining one6third portion of the estate, the
disposable free portion, to the adopting parents.
!n all other cases, the adopting parents are e8cluded from the inheritance of the adopted child. =pecifically, if the adopted
child is survived by legitimate children or other legitimate descendants, even the biological parents are e8cluded. With
more reason, the adopting parents should be e8cluded. Cence paragraph % of Article %&( of the *amily +ode states that in
this case, succession to the adopted child shall be in accordance with the ordinary rules of legal or intestate succession.
Q: .uring the lifetime of the reserva, would it +e possi+le for the person who is o+liged to ma2e the reservation
to alienate the reserva+le property?
/: Yes. =ince the ascendant6reservista actually acuires the ownership of the reservable property upon the death of the
descendant6propositus sub$ect to the resolutory condition that there must e8ist at the time of his death, relatives of the
descendant, who are within the third degree and who belong to the line from which the property came, it is clear that all of
the attributes of the right of ownership, such as en$oyment, disposal and recovery belong to him e8clusively, although
conditional and revocable. Ce can therefore, alienate or encumber the property if he so desires, but he will only alienate
or encumber what he has, and nothing more because no one can give what does not belong to him. As the conseuence,
the acuirer will only receive a limited and revocable title. "herefore, after the death of the ascendant, the reservatarios
may then rescind the alienation or encumbrance, because the condition to which it is sub$ect has already been fulfilled.
Page 9 of 14
CIVIL LAW
Q: What is the doctrine of Dependent Relative Revocation?
/: When the testator provides in the subseuent will that the revocation of the prior one is dependent on the capacity or
acceptance of the heir, devisee or legatee instituted, the first will is not necessarily revoked. "he revocation of the first will
is considered conditional and dependent upon the efficacy of the new disposition. !f for any reason the new will intended
to be made as a substitute becomes inoperative, the revocation remains, the original will remains in full force.
Q: 0ow may the causes of unworthiness +e erased?
/: =ince acts of unworthiness are offenses directed against the decedent, only the decedent can erase such acts of
unworthiness. Ce can do this by pardoning the offense either by e8pressly or impliedly. "here is an e8press pardon when
the decedent condones the act of unworthiness in writing. "here is an implied pardon when the testator, with knowledge
of the act of unworthiness, e8ecutes a will instituting the person who has committed the offense as an heir.
Q: ?/@ in his last will provided: ?% +e&ueath to my nephews, AB7, A;7, and AC7, whatever credit +alance there may +e
in my current account in the P#4 at the time of my death, in the proportion of 'DE each@, AB7, however, died +efore
the testator leaving ?!@, his only son, as heir$ When ?/@ died, he had a credit +alance of PE*,***$ #ow, the
P'*,*** that would have gone to ?B@ is claimed +y the following:
FaG ?!@, +y right of representation
F+G ?;@ and ?C@, +y right of accretion
FcG ?4@ and ?C@, children of ?/@, +y right of intestate succession$
Who is entitled to the P'*,***? easons$
/: 9Y: and 9K: are entitled to ,%(,(((. !n this case, both of the reuisites prescribed by law of accretion to take place in
testamentary succession are present. "he claim of 9=: is untenable, because a legatee cannot be represented. "he same
is also true with regard to the claim of 9D: and 9+:, because the right to inherit as legal heirs in this case must give way to
the right of the co6heirs to inherit by right of accretion where the conditions prescribed by law for such accretion to take
place are present.
P/:#E!0%P /#. />E#C;
Q: What is the difference +etween general partnership v$ limited partnership?
A: !n general partnership, the partners are personally liable for partnership obligations beyond their contribution. !n a
limited partnership, the liability e8tend only to capital contributions unless they participate in the management.
Q: .ifferentiate agency from sale?
A: !n an agency, the principal retains ownership and control over the property and the agent merely acts on the principal1s
behalf and under his instructions in furtherance of the ob$ectives for which the agency was established. /n the other
hand, the contract is a sale if the parties intended that the delivery of the property will effect a relinuishment of title,
control and ownership in such a way that the recipient may do with the property as he pleases. "ps. Fernan-o an-
Lour-es 6iloria vs. Continental Airlines, 8n. 2-(%-3
Q: What is an agency +y estoppel?
A: An agent1s act, even if done beyond the scope of his authority, may bind the principal if he ratifies them, whether
e8pressly or tacitly. !t must be stressed though that only the principal, and not the agent, can ratify the unauthorized acts,
which the principal must have knowledge of. Countr. 5an!ers 8nsurane Corporation vs. @eppel Ce+u "#ip.ar-, 8n., et
al. (2012)
Q: When can an agent appoint a su+stitute agent?
A: "he agent may appoint a substitute if the principal has not prohibited him from doing so. All acts of the substitute
appointed against the prohibition of the principal shall be void.
Page 10 of 14
CIVIL LAW
Q: When is an agent lia+le for the acts of a su+<agent?
A: When the agent was not given the power to appoint one and when he was given such power, but without designating
the person, and the person appointed was notoriously incompetent or insolvent.
Q: Can a party see2 the enforcement of +oth the compromise agreement and payment of loan, in the event that
the compromise agreement remains unfulfilled?
A: No, !t is an attempt to e8act payment on the compromise agreement and the loan. "his goes against the very purpose
of the parties entering into a compromise agreement, which was to e8tinguish the obligation under the loan. Art#ur F.
Me#ave: vs. Marl.n M, 5er*u-e: (2012)
Q: What are the two 2inds of compromise agreement?
A: A compromise is either $udicial, if the ob$ective is to put an end to a pending litigation, or e8tra$udicial, if the ob$ective is
to avoid a litigation. Lan- 5an! o9 t#e )#ilippines vs. &eirs o9 "pouses Jorja Ri$or "oriano an- Ma$in "oriano (201/)
Q: %s a 6udicial compromise immediately e9ecutory?
A: A $udicial compromise, while immediately binding between the parties upon its e8ecution, is not e8ecutory until it is
approved by the court and reduced to a $udgment. Lan- 5an! o9 t#e )#ilippines vs. &eirs o9 "pouses Jorja Ri$or "oriano
an- Ma$in "oriano (201/)
Q: When is a compromise agreement deemed valid?
A: "he validity of a compromise is dependent upon its compliance with the reuisites and principles of contracts dictated
by law. "he terms and conditions of a compromise must not be contrary to law, morals, good customs, public policy and
public order. Lan- 5an! o9 t#e )#ilippines vs. &eirs o9 "pouses Jorja Ri$or "oriano an- Ma$in "oriano (201/)
Q: What are the effects of a compromise agreement?
A: !t has the effect and authority of res $udicata between the parties but there shall be no e8ecution e8cept in compliance
with a $udicial compromise.
CE.%:
Q$ What is an assignment of credit?
A. An assignment of credit is an agreement by virtue of which the owner of a credit, known as the assignor, by a legal
cause, such as sale, dation in payment, e8change or donation, and without the consent of the debtor, transfers his credit
and accessory rights to another, known as the assignee, who acuires the power to enforce it to the same e8tent as the
assignor could enforce it against the debtor.
!t may be in the form of sale, but at times it may constitute a dation in payment, such as when a debtor, in order to obtain
a release from his debt, assigns to his creditor a credit he has against a third person. As a dation in payment, the
assignment of credit operates as a mode of e8tinguishing the obligation; the delivery and transmission of ownership of a
thing 2in this case, the credit due from a third person3 by the debtor to the creditor is accepted as the euivalent of the
performance of the obligation. 2=ps. 4odfrey and 4erardina =erfino vs. *ar 7ast Dank and "rust +ompany, !nc., now Dank
of the ,hilippine !slands.4.?. No. %B%).'. /ctober %(, -(%-3
Q$ What is an escalation clause?
A. 7scalation clauses are valid and do not contravene public policy. Any increase in the rate of interest made pursuant to
an escalation clause must be the result of an agreement between the parties. "hus, any change must be mutually agreed
Page 11 of 14
CIVIL LAW
upon, otherwise, the change carries no binding effect. 2=pouses Cumberto Gelos =antos and +armencita Gelos =antos
vs. 5etropolitan Dank and "rust +ompany 4.?. No. %'>)'-. /ctober -., -(%-3
Q$ What are the re&uisites of mortgage?
A.
%. that it be constituted to secure the fulfillment of a principal obligation;
-. that the mortgagor be the absolute owner of the thing mortgaged; and
>. that the persons constituting the mortgage have free disposal of their property, and in the absence of free
disposal, that they be legally authorized for the purpose.
Q$ What are the elements of pactum commissorium?
A. "he following are the elements of pactum commissorium:
%. "here should be a property mortgaged by way of security for the payment of the principal obligation; and
-. "here should be a stipulation for automatic appropriation by the creditor of the thing mortgaged in case of non6
payment of the principal obligation within the stipulated period.
"he power of attorney provision above did not provide that the ownership over the sub$ect property would
automatically pass to Lillar upon 4alas1s failure to pay the loan on time. What it granted was the mere
appointment of Lillar as attorney6in6fact, with authority to sell or otherwise dispose of the sub$ect property, and to
apply the proceeds to the payment of the loan. 2,ablo ,. 4arcia vs. Yolanda Laldez Lillar 2-(%-3
L/#. :%:LE! /#. .EE.!
Q$ What is the egalian .octrine?
A. <nder the ?egalian doctrine, all lands of whatever classification and other natural resources not otherwise appearing to
be clearly within private ownership belong to the =tate.
M. /re there any e9ceptions to the egalian doctrine?
/$ "he recognition of the e8istence of native title to land, or ownership of land by *ilipinos by virtue of possession under a
claim of ownership since time immemorial and independent of any grant from the =panish crown.
Q$ %s registration a mode of ac&uiring ownership?
A. No. ?egistration is not a mode of acuiring ownership but is merely a procedure to establish evidence of title over
realty.
Q$ .oes the law authori8e ac&uisition of ownership +y prescription?
A. Yes. <nder the ordinary acuisitive prescription, a person acuires ownership of patrimonial property through
possession for at least %( years, in good faith and with $ust title. <nder the e8traordinary acuisitive prescription, a
person1s uninterrupted adverse possession of patrimonial property for at least >(myears, regardless of good faith or $ust
title, ripens into ownership.
Q$ What is the rule of ?caveat emptor@ F+uyer +ewareG?
Page 12 of 14
CIVIL LAW
A. !t reuires the purchaser to be aware of the supposed title of the vendor and one who buys without checking the
vendor1s title takes all the risks and losses conseuent to such failure.
Q$ What is the rule as regards the rule on dou+le sale of property?
A. "he law gives preference to: 2a3 the first registrant in good faith; 2b3 the first possessor in good faith; 2c3 the buyer who
in good faith presents the oldest title.
:":! /#. ./1/>E!
Q: What is the doctrine of res ipsa lo&uitur?
2%3 "he accident would not have occurred in the absence of N740!47N+7;
2-3 "he in$ury is caused by the instrumentality wEin the e8clusive +/N"?/0 of defendants;
2>3 No contributory negligence of the plaintiff
Q: What is the concept of vicarious lia+ility?
A: A person is made liable not only for torts committed by himself, but also for torts committed by others with whom he has
certain relationship and for whom he is responsible. !t covers not only civil obligations arising from uasi6delict but also
those criminal offenses covered by Art %(% of the ?,+.
Q: When will an employer +e lia+le for the tortious acts of his employee?
A: "he employer will be held liable for damages if they are caused by their employees performing functions or acting
within the scope of their assigned tasks at the time of the commission of the tortious act or negligence. Ce will also be
liable if the in$ury caused by his employee was in furtherance of the employer1s interests even though committed neither in
the service of the branches nor on the occasion of their functions. Whenever an employee1s negligence causes damage
or in$ury to another, there instantly arises a presumption that the employer failed to e8ercise the due diligence of a good
father of the family in the selection or supervision of its employees
Q: =nder what authority does school administrators may e9ercise control over school children?
A: !t is special parental authority assumed over the minor for whose acts or omissions those given such authority and
responsibility are principally and solidarily liable for damages, with the parents, $udicial guardians, or the persons
e8ercising substitute parental authority, being subsidiarily liable.
Q: When will the owner of a vehicle +e lia+le in case of damageD in6ury to other persons?
A: "his covers owners of motor vehicles for private use. !f the causative factor, the owner of the car, who was present,
could likewise be held liable if he could have prevented the mishap by the e8ercise of due diligence.
Q: Will in6ury suffice in order for one to claim damages?
A: !n$ury alone does not give petitioner the right to recover damages; he must also have a right of action for the legal
wrong inflicted by the respondents
Q: When will actual damages +e awarded?
A: /ne is entitled to an adeuate compensation only for such pecuniary loss suffered by him as he has duly proved.
Q: When will e9emplary damages +e awarded?
A: 78emplary damages may be granted if the defendant acted with gross negligence. !t is given by way of e8ample or
correction for the public good. 2=ps. *ernando and 0ourdes Liloria vs. +ontinental Airlines, !nc.,4.?. No. %))-)). #anuary
%A, -(%-.3
Page 13 of 14
CIVIL LAW
Q: What are the items of damages that the heirs may recover when death occurs as a result of the crime?
A:
2%3 indemnity for death;
2-3 indemnity for loss of earning capacity;
2>3 moral damages for mental anguish;
2.3 e8emplary damages if wE aggravating circumstances;
2'3 atty1s fees F e8penses of litigation 2if wE separate civil action to recover civil liability and when e8emplary damages
are awarded; and
2A3 interest
Page 14 of 14