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Civil Law Reviewer (Part 1) PDF
Civil Law Reviewer (Part 1) PDF
Civil Law Reviewer (Part 1) PDF
WHEN LAWS TAKE EFFECT ................................. 2 DOMICILE AND RESIDENCE OF PERSON ........... 13
FOR NATURAL PERSONS .......................................... 13
IGNORANCE OF THE LAW .................................. 2 FOR JURIDICAL PERSONS ......................................... 13
DOMICILE VS. RESIDENCE ......................................... 13
RETROACTIVITY OF LAWS .................................. 2 REQUISITES OF DOMICILE ......................................... 13
KINDS OF DOMICILE ................................................ 13
ACTS CONTRARY TO LAW ................................... 2
COOLING-OFF PERIOD
Human Relations .................. 8 AND RECONCILIATION EFFORTS...................... 26
ABUSE OF RIGHT ................................................ 8
CONFESSION OF JUDGMENT ............................ 26
ACTS CONTRARY TO LAW ................................... 9
EFFECTS OF FILING PETITION .......................... 26
ACTS CONTRA BONUS MORES ........................... 9
EFFECTS OF PENDENCY ................................... 26
PRINCIPLE OF UNJUST ENRICHMENT................. 9
EFFECTS OF LEGAL SEPARATION..................... 26
THE FAMILY AS AN INSTITUTION ..................... 40
RECONCILIATION ............................................. 27 ASPECTS OF FAMILY RELATIONS ............................... 40
HOW DONE ........................................................... 27 FAMILY RELATIONS INCLUDE ................................... 40
EFFECTS OF RECONCILIATION ................................... 27 EXCEPTIONS TO THE GENERAL RULE CANNOT BE SUBJECT
OF COMPROMISE ................................................... 40
ANNEX TO VOID AND VOIDABLE
MARRIAGES AND LEGAL SEPARATION ............ 27 THE FAMILY HOME .......................................... 40
GROUNDS ............................................................ 27 CONSTITUTED BY .................................................. 40
EFFECTS OF FILING / PENDING DECREE ....................... 27 INCLUDES ............................................................ 41
EFFECTS OF AFFIDAVIT OF REAPPEARANCE, JUDICIAL GUIDELINES .......................................................... 41
DECLARATION OF NULLITY, ANNULMENT AND LEGAL BENEFICIARIES OF THE FAMILY HOME ......................... 41
SEPARATION ........................................................ 28 REQUISITES TO BE A BENEFICIARY .............................. 41
REQUIREMENTS FOR THE SALE, ALIENATION, DONATION,
ASSIGNMENT, OR ENCUMBRANCE OF THE FAMILY HOME . 41
Rights and Obligations REQUISITES FOR CREDITOR TO AVAIL OF THE RIGHT UNDER
The Family........................... 40
RA 8043 THE LAW ON INTER-COUNTRY
ADOPTION ........................................................ 49 EFFECT OF PARENTAL AUTHORITY UPON THE
INTER-COUNTRY ADOPTION ..................................... 49 PERSONS OF THE CHILDREN............................ 54
WHO CAN ADOPT ................................................... 49 RIGHTS OF PARENTS UPON
WHO CAN BE ADOPTED ........................................... 50 THE PERSON OF THE CHILDREN ................................ 54
DUTIES OF PARENTS UPON
SUCCESSION Legal or
Intestate Succession ........ 224
General Provisions ............ 206 GENERAL PROVISIONS................................... 224
INSTANCES WHEN LEGAL OR INTESTATE SUCCESSION
DEFINITION & TRANSMISSION ....................... 206 OPERATES ......................................................... 224
THE INTESTATE OR LEGAL HEIRS ............................. 224
SUCCESSION OCCURS AT THE MOMENT OF FUNDAMENTAL PRINCIPLES IN
DEATH ........................................................... 206 INTESTATE SUCCESSION........................................ 224
OBLIGATION TO PREFER INTEREST OF LIABILITY FOR EXPENSES AND DAMAGES ..... 275
PRINCIPAL ...................................................... 270 NECESSARY FUNDS .............................................. 275
BASIS OF THE RULE .............................................. 270
WHEN PRINCIPAL NOT LIABLE FOR EXPENSES ............ 275
APPLICATION ...................................................... 270
DAMAGES .......................................................... 275
RIGHT OF RETENTION BY AGENT ............................. 275
OBLIGATION TO ACCOUNT AND TO DELIVER MULTIPLE PRINCIPALS .......................................... 275
THINGS RECEIVED ......................................... 270 LIABILITY FOR QUASI-DELICT BY AGENT .................... 275
WHAT TO DELIVER................................................. 271
LIABILITY FOR CONVERSION .................................... 271
EXEMPTING STIPULATION ....................................... 271
WHEN OBLIGATION NOT APPLICABLE......................... 271
Extinguishment
of agency ............................276
RESPONSIBILITY FOR ACTS OF SUBSTITUTE ... 271 MODES OF EXTINGUISHING AGENCY, IN
SUB-AGENCY ....................................................... 271 GENERAL.........................................................276
POWER TO APPOINT .............................................. 271
RELATIONS AMONG THE PARTIES ............................. 271
REVOCATION BY PRINCIPAL ...........................276
EFFECTS OF SUBSTITUTION ..................................... 271
MULTIPLE PRINCIPALS ...........................................276
MANNER OF REVOCATION ......................................276
RESPONSIBILITY OF TWO OR MORE AGENTS .. 271 EFFECT OF REVOCATION
IN RELATION TO THIRD PARTIES...............................276
OBLIGATION FOR SUMS APPLIED TO HIS OWN
USE ................................................................. 272 WITHDRAWAL BY AGENT ................................ 277
LIABILITY FOR DAMAGES ........................................ 277
OBLIGATIONS TO THIRD PERSONS ................ 272 OBLIGATION TO CONTINUE AGENCY .......................... 277
LIABILITY OF AGENT FOR OBLIGATIONS CONTRACTED .. 272
VOID CONTRACTS ................................................ 272
DEATH, CIVIL INTERDICTION, INSANITY OR
PRESENTATION OF POWER OF ATTORNEY.................. 272
INSOLVENCY ................................................... 277
RATIFICATION BY PRINCIPAL .................................. 272
DEATH OF PRINCIPAL ............................................ 277
IGNORANCE OF AGENT .......................................... 272
DEATH OF AGENT ................................................. 277
ONLY MOVABLE THINGS MAY BE THE OBJECT OF PROVISIONS APPLICABLE ONLY TO PLEDGE . 290
A DEPOSIT ...................................................... 282
KINDS ............................................................ 290
OBLIGATIONS OF DEPOSITOR ....................... 282
ESSENTIAL REQUIREMENTS ......................... 290
EXTINGUISHMENT OF DEPOSIT ..................... 282 ESSENTIAL REQUISITES COMMON TO PLEDGE AND
MORTGAGE ....................................................... 290
EFFECT OF DEATH OF DEPOSITOR OR
DEPOSITARY .................................................. 282 OBLIGATION OF PLEDGEE ............................. 290
VIOLATION OF CONSTITUTIONAL RIGHTS ...... 356 DEGREE OF CERTAINTY REQUIRED AS TO: FACT,
VIOLATION OF CIVIL LIBERTIES ................................ 356 CAUSE AND AMOUNT OF DAMAGES .............. 363
VIOLATIONS OF RIGHTS COMMITTED BY PUBLIC OFFICERS
....................................................................... 356 NOT SPECULATIVE ......................................... 363
PROVINCES, CITIES, AND MUNICIPALITIES ................. 357
OWNERS OF MOTOR VEHICLES ................................ 357 COMPONENTS ................................................ 363
PROPRIETOR OF BUILDING OR STRUCTURE ................ 358
HEAD OF FAMILY.................................................. 359 VALUE OF LOSS; UNREALIZED PROFIT .......... 363
Exemplary Or Corrective
Damages ............................. 371
WHEN RECOVERABLE..................................... 372
IN CRIMINAL OFFENSES ........................................ 372
IN QUASI-DELICTS................................................ 372
IN CONTRACTS AND QUASI-CONTRACTS.................... 372
REQUISITES ........................................................ 372
DAMAGES IN CASE OF DEATH RE. CRIMES AND QUASI-
DELICTS............................................................. 373
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(e) Laws on Succession itself, governing law is the law of the state
(f) Capacity to succeed which has real interest
Filipino Testator
RULE ON PROPERTY Foreign (1) Law of the place where he
Controlling Law Lex Situs/Lex Rei Sitae Country may be (lex loci
celebrationis) [Art 815]
General Rule: Real and Personal Property is subject (2) Philippine law [see III
to the law of the country where it is situated (Art. 16) Tolentino 117]
Alien Testator
recognized [Llantino v Co Liong Chong]
Foreign (1) Law of the place in which
(2) The formalities of a contract to convey property Country he resides (lex domicilii)
are governed by Lex Situs (Arts. 816, (2) Law of his country (lex
17) nationali)
Exceptions to Lex Situs (3) Philippine law
(1) Transactions Not Affecting Transfer of Title or (4) Law of the place where
Ownership of Land: Lex Intentionis or Lex they were executed (lex
Voluntatis loci celebrationis)
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Revocation
Testator Applicable Law Art. 17. The forms and solemnities of contracts, wills,
and other public instruments shall be governed by
the laws of the country in which they are executed.
Philippine
Will is revoked in
the Philippines
Domiciliary
When the acts referred to are executed before the
Philippine Law diplomatic or consular officials of the Republic of the
Philippines in a foreign country, the solemnities
Non-domiciliary
established by Philippine laws shall be observed in
[Art. 829]
their execution.
(1) Philippine Law Prohibitive laws concerning persons, their acts or
Philippine (2) Law of the place of property, and those which have, for their object,
Will is revoked in a
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(viii) Marriages between parties where one, with (2) Consular Marriages
the intention to marry the other, killed that Marriages between Filipino citizens abroad may
other person's spouse, or his or her own be solemnized by a consul-general, consul or vice
spouse. consul of the Republic of the Philippines [Art. 10,
FC].
Note: These exceptions put into issue the capacity of
the parties to enter into the marriage and therefore Effects of Marriage
relate to the substantive requirement for marriage (1) Personal relations between the spouses
and is governed by lex nationalii. (a) Governed by the national law of the parties
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Persons and Personality General rule: Incapacitated persons are not exempt
from certain obligations arising from his acts or
property relations.
CAPACITY TO ACT
CIVIL PERSONALITY Minority
Art. 37. Juridical capacity, which is the fitness to be RA 6809 (1989): An act lowering the age of majority
the subject of legal relations, is inherent in every from twenty-one to eighteen years.
natural person and is lost only through death.
Capacity to act, which is the power to do acts with Effects on Contracts
legal effect, is acquired and may be lost. (1) They cannot give consent to a contract [Art. 1327
(1)]
(2) A contract where one of the parties is a minor is
Juridical Capacity Capacity to Act voidable [Art. 1390(1)]
(3) A contract is unenforceable when both of the
Fitness of man to be the Power to do acts with parties are minors (incapable of giving consent)
subject of legal relations legal effect [Art. 1403(3)]
Passive Active (4) Minority cannot be asserted by the other party in
Aptitude for the Holding Aptitude for the Exercise an action for annulment [Art. 1397]
and Enjoyment of rights of rights (5) Not obliged to make restitution except insofar as
he has been benefited [Art. 1399]
Inherent in every natural Must be acquired
(6) Minor has no right to demand the thing/price
person
voluntarily returned by him [Art. 1426]
Lost upon death Lost through death and
(7) Minor has no right to recover voluntarily paid sum
other causes
or delivered thing, if consumed in good faith [Art.
Can exist without Must exist with juridical 1427]
capacity to act capacity (8) Must pay reasonable amount for necessaries
Cannot be limited or May be restricted or delivered to him [Art. 1489]
restricted limited
Note: Juridical capacity can exist even without Mercado v. Espiritu, (1918):
capacity to act; the existence of the latter implies Estoppel works against minors who misrepresent their
that of the former. ages in a contract and are compelled to comply with
its terms. (active misrepresentation done by minors).
RESTRICTIONS ON CAPACITY TO ACT
Bambalan v. Maramba, (1928):
Art. 38. Minority, insanity or imbecility, the state of When a minor made no active misrepresentation as to
being a deaf-mute, prodigality and civil interdiction his minority and such minority is known to the other
are mere restrictions on capacity to act, and do not party, the contract is voidable (Art. 1403) as to the
exempt the incapacitated person from certain minor.
obligations, as when the latter arise from his acts or
from property relations, such as easements. Braganza v. Villa Abrille, (1959):
Minors are obliged to make restitution insofar as they
Art. 39. The following circumstances, among others, have been benefited (Art. 1399).
modify or limit capacity to act: age, insanity,
imbecility, the state of being a deaf-mute, penalty, Effects on Marriage
prodigality, family relations, alienage, absence, (1) May not yet contract marriage [Art. 5, FC].
insolvency and trusteeship. The consequences of (2) Marriages, where one of the parties is below 18,
these circumstances are governed in this Code, other even with the consent of parents/guardians, are
codes, the Rules of Court, and in special laws. VOID [Art. 35, FC]
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Prodigality Absence
Martinez v. Martinez, (1902): Art. 390. After an absence of seven years, it being
A spendthrift or a prodigal is a person, who, by unknown whether or not the absentee still lives, he
excessive drinking, gambling, idleness or debauchery shall be presumed dead for all purposes, except for
of any kind shall so spend, waste or lessen his estate as those of succession.
to expose himself or his family to want or suffering.
The acts of prodigality must show a morbid state of The absentee shall not be presumed dead for the
mind. purpose of opening his succession till after an absence
of ten years. If he disappeared after the age of
Note: It is not the circumstance of prodigality, but the seventy-five years, an absence of five years shall be
fact of being under guardianship that restricts sufficient in order that his succession may be
capacity to act. opened. (n)
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Art. 391. The following shall be presumed dead for all Period of Conception = the first 120 days of the 300
purposes, including the division of the estate among days preceding the birth of the child.
the heirs:
A conceived child can acquire rights while still in the
1. A person on board a vessel lost during a sea voyage, mothers womb. It can inherit by will or by intestacy.
or an aeroplane which is missing, who has not been
heard of for four years since the loss of the vessel or Geluz v CA, (1961):
aeroplane; An aborted fetus had conditional personality but never
acquired legal rights/civil personality because it was
2. A person in the armed forces who has taken part in not alive at the time of delivery from the mothers
war, and has been missing for four years; womb. No damages can be claimed in behalf of the
unborn child.
3. A person who has been in danger of death under
other circumstances and his existence has not been Complete respiration = test/sign of independent life
known for four years.
Death
Article 124, FC: Art. 42. Civil personality is extinguished by death.
(1) Administration and enjoyment of the CPG shall The effect of death upon the rights and obligations
belong to both spouses jointly. of the deceased is determined by law, by contract
(2) In case of disagreement, husbands decision shall and by will
prevail, subject to recourse to the court by the
wife for proper remedy (within 5 years from date
Criminal liability ends with death BUT civil liability
of contract implementing such decision)
may be charged against the estate [People v. Tirol,
(3) If one spouse is incapacitated/unable to
(1981)].
administer, sole powers of administration may be
assumed by the other spouse.
(4) General Rule: This power does not include Art. 43. If there is a doubt, as between two or more
disposition/encumbrance. persons who are called to succeed each other, as to
which of them died first, whoever alleges the death
Exception: Judicial authority or written consent of of one prior to the other, shall prove the same; in the
other spouse. absence of proof, it is presumed that they died at the
same time and there shall be no transmission of
Birth rights from one to the other.
General Rule: Birth determines personality [Art. 40].
Death extinguishes civil personality [Art. 42]. Note: Article 43 provides a statutory presumption
when there is doubt on the order of death between
Exception: A conceived child shall be considered persons who are called to succeed each other (only).
born for all purposes that are FAVORABLE to it,
provided it be born later [Art. 40, 2nd clause] with The statutory presumption of Article 43 was not
the following circumstances: applied due to the presence of a credible eyewitness
as to who died first [Joaquin v. Navarro, (1948)]
Intra-Uterine Life When Considered Born Compare Art. 43 with Rule 131, Sec. 3 (jj), presumption
of Survivorship.
7 months or more Alive upon delivery
Less than 7 months Alive only after
completion of 24 hours Art. 43 Rule 131, Sec. 3 (jj)
from delivery
Only use the presumptions when there are no facts
Birth = complete removal of the fetus from the to get inferences from
mothers womb; before birth, a fetus is merely part of Only use for succession Cannot be used for
the mothers internal organs. purposes succession purposes
In any circumstance Only during death in
Personality of Conceived Child calamities, wreck, battle
(1) Limited = only for purposes FAVORABLE to it. or conflagration
(2) Conditional = it depends upon the child being
born alive later.
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Must be male and female Note: In a marriage in articulo mortis, when one or
Jones v Hallahan, (1973): Application for marriage both parties are unable to sign the marriage
license was denied since marriage is defined by law as certificate, it shall be sufficient for one of the
a contract entered into between a man and a woman. witnesses to write the name of said party, which shall
be attested by the solemnizing officer. (Art. 6, par. 2)
Goodridge v. Dept. of Public Health, (2003): Same-sex
couples should not be denied the same benefits as Places where marriage SHALL be publicly solemnized:
heterosexual couples; the right to marry includes the (CCO)
right to choose who to marry. (1) Chambers of the judge or in open court
(2) Church, chapel, or temple
Silverio v Republic, (2007): Changing of gender in ones (3) Office of the consul-general, consul, or vice-
birth certificate was denied; otherwise, it would result consul [Art. 8]
in confusion and would allow marriage between
persons of the same sex which is in defiance of the law, Exceptions:
as marriage is a union between a man and a woman. (1) Marriages performed in articulo mortis or in
remote places. [Art. 29]
Note: The best source for citing the requirement (of (2) Where both parties request in writing that
male/female) is still statutory, as provided explicitly marriage be solemnized at a place designated by
in the Family Code. them.
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(2) Absence & Irregularity of Authority of a marry each other. [Art. 34, Ninal vs. Badayog
solemnizing officer (2000)]
Lack of valid notification of both parties desiring a Requisites for the 5-year cohabitation to be valid for the
ceremony in a remote place was held to be only a exemption from acquiring a marriage license
mere IRREGULARITY [Navarro vs. Domagtoy (1996)] (1) The man and woman must have been living
together as husband and wife for at least five
Respondent judge was faulted for solemnizing a years before the marriage;
marriage outside his territorial jurisdiction. Also, (2) The parties must have no legal impediment to
presentation of the marriage license subsequent to marry each other;
the solemnization of marriage will not cure the (3) The fact of absence of legal impediment between
defect. [Araes v. Occiano (2002)] the parties must be present at the time of
marriage;
License required (4) The parties must execute an affidavit stating that
General Rule: License required they have lived together for at least five years
[and are without legal impediment to marry each
Article 9 - Issued by local registrar of city or other]; and
municipality where either contracting party (5) The solemnizing officer must execute a sworn
habitually resides statement that he had ascertained the
qualifications of the parties and that he had
Article 11 - Each contracting party should file found no legal impediment to their marriage.
separately. [Borja-Manzano vs. Judge Sanchez (2001)]
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(2) The presumption that a man and a woman (4) Bigamous or polygamous marriages not falling
deporting themselves as husband and wife have under Article 41 (Art. 41: subsequent marriage by
entered into a lawful contract of marriage is present spouse who obtained a declaration of
satisfactory if uncontradicted. [Sec. 3 (aa), Rule presumptive death for absent spouse prior to the
131, ROC] subsequent marriage)
(3) In marriages of exceptional character, the (5) There is a mistake as to the identity of the other
existence of the marriage is presumed, even in contracting party
the TOTAL ABSENCE of a marriage license. [Vda. (6) Subsequent marriages that are void under Article
De Jacob v CA (1999)] 53 (Non-compliance with Art. 52)
(4) If a marriage certificate is missing, and all means
HAVE NOT YET BEEN EXHAUSTED to find it, Psychological incapacity
then the marriage is presumed to exist [Sevilla v Contracted by any party who, at the time of the
Cardenas (2006)] celebration, was psychologically incapacitated to
comply with the essential marital obligations of
Absence of a marriage certificate is not proof of marriage, even if such incapacity becomes manifest
absence of marriage. To prove the fact of marriage, only after its solemnization [Art. 36]
the following would constitute competent evidence:
(1) the testimony of witnesses to matrimony; (2) the Republic v. Molina, (1997):
couples public cohabitation; and (3) birth and (1) The burden of proof to show the nullity of the
baptismal certificates of children born during the marriage belongs to the plaintiff.
union. [Trinidad v CA (1998)] (2) The root cause of the psychological incapacity must
be: (a) medically or clinically identified, (b) alleged in
VOID MARRIAGES the complaint, (c) sufficiently proven by the experts,
Type of Void Marriages (d) clearly explained in the decision.
(1) Absence of any formal/essential requisites (3) The incapacity must be proven to be existing at
(2) Psychologically Incapacitated spouse the time of the celebration of the marriage.
(3) Incestuous Marriages (4) Such incapacity must also be shown to be
(4) Marriages contrary to public policy medically or clinically permanent or incurable.
(5) Void subsequent marriages (5) Such illness must be grave enough to bring about
the disability of the party to assume the essential
Absence of Requisites obligations of marriage.
Art. 4(1): The absence of any essential or formal (6) The essential marital obligations must be those
requisites shall render the marriage void ab initio, embraced by Articles 68 up to 71 of the Family Code
except as stated in Article 35 (a). as regards the husband and wife as well as Articles
220, 221, and 225 of the same Code in regard to
Art. 5: Any male or female of the age of eighteen years parents and their children.
or upwards not under any of the impediments (7) Interpretations given by the National Appellate
mentioned in Articles 37 and 38, may contract Matrimonial Tribunal of the Catholic Church in the
marriage. Philippines, while not controlling/decisive, should
be given great respect by our courts.
(8) The trial court must order the prosecuting attorney
Void from the Beginning [Art. 35].
or fiscal and the Solicitor General to appear as
(1) Marriage where any party is below eighteen years
counsel for the state. No decision shall be handed
of age even with the consent of parents or
down unless the Solicitor General issues a
guardians
certification.
(2) Marriage solemnized by any person not legally
authorized to perform marriages unless such
Santos v. Bedia-Santos, (1995):
marriages were contracted with either or both
Laid down 3 characteristics for determining
parties believing in good faith that the
psychological incapacity: gravity, antecedent, and
solemnizing officer had the legal authority to do
incurability.
so.
Note: Ones belief in good faith that the
Tsoi v. CA, (1997):
solemnizing officer has the required authority is a
Refusal of husband to have sex was interpreted to be
mistake of fact, and not of law.
PI. A man who can but wont is PI
(3) Marriage solemnized without a valid marriage
license, except in marriages under exceptional
circumstances
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Republic vs. San Jose (2007): Article 44 (Bad Faith of both spouses)
There is no requirement that the respondent be Both spouses entering a subsequent marriage after
medically examined first. presumptive death, who acted in bad faith
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Extraordinary circumstances [Art. 391, CC]: 4 years under normal Absent for at least 7
(a) ON BOARD VESSEL lost at sea voyage, airplane, circumstances; years;
(b) ARMED FORCES in war, or
(c) DANGER OF DEATH under other circumstances, 2 years under 4 years under
existence not known extraordinary extraordinary
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Family Code Civil Code Family Code makes an exception for the purpose of
remarriage by limiting such requirement to 4 years.
circumstances circumstances
Article 43 and 44 (Effects of Termination of Bigamous
As to remarriage Marriage under Art. 42)
In order to remarry, Declaration of Art. 43:
summary proceeding is presumptive death is not (1) Children of subsequent marriage conceived prior
necessary necessary to its termination considered legitimate; custody
As to who can institute the action and support decided by court in a proper
proceeding
Can be instituted by the The spouses themselves (2) Property Regime dissolved and liquidated (party
present spouse, any in bad faith shall forfeit his/her share in favor of
interested party, and the the common children or if there are none, children
subsequent spouse of the guilty spouse by a previous marriage, and in
case there are none, to the innocent spouse)
As to effect on subsequent marriage (3) Donation propter nuptias remains valid, (but if
the donee contracted marriage in bad faith,
Subsequent marriage is Upon reappearance, donations will be revoked)
automatically terminated judicial proceeding is (4) Insurance benefits innocent spouse may revoke
by the recording of an necessary to declare designation of guilty party as beneficiary, even if
affidavit of reappearance marriage null and void such designation is stipulated as irrevocable
of the absent spouse (5) Succession Rights Party in bad faith disqualified
As to ground to inherit from innocent spouse, whether testate or
intestate
Well founded belief that Generally believed to be
the absent spouse is dead dead Article 44:
Donations: If both parties of subsequent marriage
acted in bad faith, any donations and testamentary
Connected Provisions
dispositions made by one party to the other by
Art. 390, Civil Code. After an absence of 7 years, it reason of marriage will be revoked
being unknown whether or not the absentee still lives,
he shall be presumed dead for all purposes, except for ACTION OR DEFENSE OF NULLITY
those of succession. Prescription
Art. 39. The action or defense for the declaration of
The absentee shall not be presumed dead for the
absolute nullity of a marriage shall not prescribe. (as
purpose of opening his succession till after an absence
amended by RA 8533)
of 10 years. If he disappeared after the age of 75 years,
an absence of 5 years shall be sufficient in order that
his succession may be opened. It must be noted that under the new Supreme Court
Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages
Art. 391, Civil Code. The following shall be presumed A.M. No. 02-11-10-SC, effective March 15, 2003,
dead for all purposes, including the division of the nullity of the marriage can still be collaterally
estate among the heirs: (SAAD) attacked.
(1) A person on board a vessel lost during a sea
voyage, or an aeroplane which is missing, who has Who may file the petition for nullity?
not been heard of for four years since the loss of the As to the parties allowed to file the action: Only an
vessel or aeroplane; aggrieved or injured spouse may file a petition for
(2) A person in the armed forces who has taken part in annulment of voidable marriages or declaration of
war, and has been missing for four years; absolute nullity of void marriages. Such petition
(3) A person who has been in danger of death under cannot be filed by compulsory or intestate heirs of
other circumstances and his existence has not been the spouses or by the State. The Committee is of the
known for four years. belief that they do not have a legal right to file the
petition. Compulsory or intestate heirs have only
Notes: inchoate rights prior to the death of their
Although 7 years is required for the presumption of predecessor, and, hence, can only question the validity
death of an absentee in the Civil Code, Art. 41 of the of the marriage of the spouses upon the death of a
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spouse in a proceeding for the settlement of the estate (b) Through concealment by the wife of the fact
of the deceased spouse filed in the regular courts. that at the time of the marriage she was
(Enrico v. Heirs of Sps. Medinaceli (2007)), also pregnant by another man;
reiterated in (Carlos vs. Sandoval (2008)) (c) Through concealment of a sexually-
transmitted disease, regardless of its nature,
How to attack a void marriage? existing at the time of marriage;
General Rule: Void Marriages may be attacked (d) Through concealment of drug addiction,
collaterally or directly. habitual alcoholism or
homosexuality/lesbianism. (Art.46)
Exception: A person in a void marriage must first file (4) The consent of either party was obtained through
for a declaration of nullity in order to subsequently force, intimidation, or undue influence.
marry (5) Either party is physically incapable of
consummating the marriage (impotence; this is
ANNULLABLE MARRIAGE different from sterility, which is the inability to
(Note: Although the Supreme Court in its syllabus produce offspring).
seems to make a distinction between annullable and (6) Either party has a serious and incurable sexually-
voidable marriages by the fact that they made two transmissible disease, even if not concealed.*
separate categories for the two, Tolentino makes no
mention of any such difference.) Action to Annul: Action in rem, concerns status of
parties; res is relation between parties or marriage
Art. 14: In case either or both of the contracting tie; jurisdiction depends on nationality or domicile
parties, not having been emancipated by a previous not the place of celebration.
marriage, are between the ages of eighteen and
twenty-one, In addition to the requirements of the Grounds for Annulment explained:
preceding articles: (1) Lack of parental consent
(a) Exhibit to the local civil registrar the consent to (a) 18 x < 21 without parental consent
their marriage of their father, mother, surviving (b) Ratified by party 18 or above but below 21
parent or guardian, or persons having legal charge upon free cohabitation upon reaching 21.
of them, in the order mentioned (c) TOLENTINO: parents whose consents were
(b) Manifested in writing by the interested party, who wanting may ratify before 21; this right can be
personally appears before the proper local civil waived; however, the Code Commission
registrar, or believes that no such ratification can be made
(c) In the form of an affidavit made in the presence of by the parent.
two witnesses and attested before any official
authorized by law to administer oaths (2) Insanity
(d) The personal manifestation shall be recorded in (a) Mental incapacity or insanity is a vice of
both applications for marriage license, and the consent; insanity (1) of varying degrees, (2)
affidavit, if one is executed instead, shall be curable being an illness, capable of
attached to said applications. ratification or convalidation, (3) has lucid
intervals, (4) ground only for annulment in
Grounds for Annulment many countries
Article 4 states that xxx A defect in any of the (b) Can be ratified by cohabitation after insanity is
essential requisites shall render the marriage cured or during a lucid interval
voidable as provided in Article 45. (c) Mere mental weakness is not a ground for
annulment, but if found grave enough may
Article 45. Marriage may be annulled on the amount to psychological incapacity.
following grounds existing at time of marriage: (d) Intoxication, somnambulism where one had
(PIFFIS) no mental capacity to give consent is
(1) One of the parties is 18 or above but below 21 equivalent to insanity
years old, and there is no parental consent. (e) Must EXIST AT THE TIME of the celebration of
(2) Either party was of unsound mind (insanity). the marriage.
(3) The consent of either party was obtained through (f) Law presumes SANITY, burden of proof on
fraud (different from mistake in identity): party alleging insanity
(a) Through non-disclosure of a previous
conviction of a crime involving moral (3) Fraud
turpitude; (a) Only those enumerated in Art. 46:
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(1) Non-disclosure of previous CONVICTION when wife had been at least 6 months pregnant prior
by final judgment of a crime involving to marriage.
MORAL TURPITUDE
(2) Concealment by wife at the time of Aquino v. Delizo, (1960):
marriage, that she was pregnant by The Supreme Court granted annulment because the
another man wife concealed the fact that she was 4 months
(3) Concealment of STD regardless of nature pregnant during the time of the marriage. It argued
existing at time of marriage that since Delizo was naturally plump, Aquino could
(4) Concealment of drug addiction, habitual hardly be expected to know, by mere looking, whether
alcoholism, homosexuality, lesbianism or not she was pregnant at the time of the marriage.
existing at time of marriage
(b) NO other misrepresentation or deceit of Almelor v. RTC, (2008):
CHARACTER, HEALTH, RANK, FORTUNE OR It is the concealment of homosexuality, and not
CHASTITY shall constitute FRAUD. homosexuality per se, that vitiates the consent of the
(c) Conviction of Crime: requisites are innocent party. Such concealment presupposes bad
(1) Moral turpitude faith and intent to defraud the other party in giving
(2) Conviction consent to the marriage.
(d) Concealment of Pregnancy
(1) Fraud against very essence of marriage; Corpuz v. Ochoterena, (2004):
importance of procreation of children; an In a legal separation or annulment case, the
assault to the integrity of the union by prosecuting attorney must first rule out collusion as a
introducing ALIEN BLOOD condition sine qua non for further proceedings. A
(2) If husband knew of pregnancy, the certification by the prosecutor that he was present
marriage cannot be annulled on the during the hearing and even cross-examined the
ground of concealment plaintiff does not suffice to comply with the mandatory
(e) Marriage cannot be annulled on the ground requirement.
that wife concealed the fact that she had been
lewd & corrupt and had illegitimate child. (4) Force, intimidation, undue influence
(Shrady v. Logan (1896)) (a) FORCE must be one as to prevent party from
(f) Maybe ratified upon free cohabitation after acting as a free agent; will destroyed by
knowledge of fraud. fear/compulsion
(b) INTIMIDATION must be one as to compel the
party by reasonable/well-grounded fear/evil
Art. 45 STD Art. 46 STD imminent upon person/properties
(c) DEGREE OF INTIMIDATION: age, sex,
Ground for annulment The STD is a type of condition of person borne in mind
fraud which is a ground (d) Threat or intimidation as not to act as FREE
for annulment AGENT; threatened of armed demonstrations
Does not have to be Must be concealed by brother is ANNULLABLE (Tiongco v Matig-
concealed a)
Must be serious and Need not be serious nor (e) Man rapes a girl, marries her to conceal the
incurable incurable rape & has no intention to live with the girl;
The STD itself is the It is the concealment marriage is annullable (People v Santiago
ground for annulment that gives rise to the (1927))
annulment (f) Committee added undue influence, maybe
compelled to enter out of REVERENTIAL
Effect of Cure to Fraud in Art. 46: FEAR e.g., fear of causing distress to parents,
Recovery or rehabilitation from STD, drug addiction, grandparents, etc.
and habitual alcoholism will NOT BAR ACTION for (g) May be ratified upon cohabitation after force,
annulment; The defect is not the disease, but the intimidation, or undue influence has ceased or
FRAUD which VITIATED CONSENT. disappeared.
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operation, NOT ANNULLABLE (Sarao v (j) RELATIVE IMPOTENCY: may now be invoked
Guevarra(1940)) because there are cases where one is
(b) Should be unknown to the other party impotent with respect to his spouse but not
(c) Physical condition: sexual intercourse with a with other men or women.
person of the opposite sex is impossible, not (k) EXAMPLE: penile erection to other women
mere sterility possible; unusually large penis cannot fit with
(d) When both spouses are impotent, marriage abnormally small vagina
cannot be annulled because neither spouse is
aggrieved (6) Sexually-transmissible disease serious and
(e) POTENCY PRESUMED; party who alleges incurable
impotency has burden of proof (Jimenez v (a) Should exist at the time of the marriage
Canizares (1960)) (b) Should be found serious
(f) Although potency is presumed, there is a (c) Should appear to be incurable
doctrine in England called TRIENNIAL (d) Should be unknown to other party
COHABITATION that if wife remains virgin (e) Reason: danger to the health of spouse &
after 3 yrs, husband presumed impotent & has offspring/s
burden to prove otherwise (Tompkins v (f) Same as incurable impotency
Tompkins) (g) Not subject to ratification cannot be ratified
(g) REFUSAL of wife to be examined DOES NOT or convalidated by prescription or
PRESUME impotency because Filipino women cohabitation:
are inherently shy & bashful; TC must order (a) Prior subsisting marriage; would result in
physical examination because w/o proof of anomalous relationship
impotency, she is presumed potent; to order (b) Vitiated by impotency remains as long as
her to undergo physical exam does not afflicted
infringe constitutional rights against self- (c) Vitiated by affliction of STD remains as
incrimination (Jimenez v Canizares) long as afflicted
(h) Villanueva vs. CA (2006): Absence of (d) Affliction of STD is unknown to the other
cohabitation is not a ground for annulment. spouse (Balane)
(i) NOTE: if wife continues to refuse to undergo (e) The other spouse must also be free from a
physical exam, she can be held for similar STD. (Balane)
CONTEMPT & ordered to be confined in jail (h) 2 & 3 above prescribe w/in 5 yrs by Art. 47(5)
until she does so
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Marriages Not Subject to Ratification/ Convalidation in the proper cases to marriages which are declared
by cohabitation ab initio or annulled by final judgment under Articles
(1) One spouse is incurably impotent (Art. 47 40 and 45 (Art. 50(1)).
prescription: 5 years)
(2) One spouse has an incurable STD (Art. 47 Final judgment in such cases shall provide for the
prescription: 5 years) liquidation, partition, and distribution of the:
(3) Sane spouse marries an insane spouse w/o (1) Properties of the spouses
knowledge of insanity (2) Custody and support of the common children
(3) Delivery of their presumptive legitimes
Presence of Prosecutor (a) Unless such matters had been adjudicated
Art. 48: To prevent collusion between the parties, in previous judicial proceedings (Art. 50(2))
fabrication or suppression of evidence, the prosecuting (b) All creditors (of the spouses/property regime)
attorney or fiscal shall appear on behalf of the State. shall be notified of the proceedings for
liquidation (Art. 50(2 and 3))
EFFECT OF PENDING ACTIONS/DECREE
In the partition, the conjugal dwelling and lot shall be
Art. 49: During the pendency of the action and in the adjudicated to the spouse with whom majority of the
absence of adequate provisions in a written agreement common children remain (Art. 102 and 129) (Art.
between the spouses, the Court shall provide for the 50(4)
support of the spouses and the custody and support of
their common children. The Court shall give Presumptive legitimes, computed as of the date of
paramount consideration to the moral and material the final judgment, shall be delivered in cash,
welfare of said children and their choice of the parent property or sound securities:
with whom they wish to remain as provided for in Title (1) Unless the parties, by mutual agreement
IX. It shall also provide for appropriate visitation rights judicially approved, had already provided for such
of the other parent. (Art. 51(1))
(2) The children/guardian/trustee of property may
(1) The court shall provide for the support of the ask for the enforcement of the judgment (Art.
spouses, 51(2))
(2) The custody and support of the common children, (3) The delivery of the presumptive legitimes shall
giving paramount consideration to their moral not prejudice the ultimate successional rights,
and material welfare, their choice of parent with but the value of the properties already received
whom they wish to remain. shall be considered as advances on their legitime
(3) The court shall also provide for visitation rights of (Art. 51(3))
other parent.
Generally, children born or conceived within void
Decisions on the nullification of the marriage marriages are illegitimate.
Art. 48 (2): In the cases referred to in the preceding
paragraph, no judgment shall be based upon a Exceptions:
stipulation of facts or confession of judgment. (a) Children conceived or born before the judgment
under Article 36 has become final and executor
Stipulation of Facts: An admission by both parties (Art. 54)
after agreeing to the existence of any of the grounds (b) Children conceived or born of subsequent
or facts that would constitute a void/voidable marriages under Article 53 (Art. 54)
marriage
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These must be filed within 5 years after occurrence of (2) Threatening to cause the woman or her child
cause (Article 57) physical harm;
(1) Repeated physical violence or grossly abusive (3) Attempting to cause the woman or her child
conduct directed against the petitioner, a physical harm;
common child, or a child of the petitioner; (4) Placing the woman or her child in fear of
(2) Physical violence or moral Pressure to compel the imminent physical harm;
petitioner to change religious or political (5) Attempting to compel or compelling the woman or
affiliation; her child to engage in conduct which the woman
(3) Attempt of respondent to Corrupt or induce the or her child has the right to desist from or desist
petitioner, a common child, or a child of the from conduct which the woman or her child has
petitioner, to engage in prostitution, or the right to engage in, or attempting to restrict or
connivance in such corruption or inducement; restricting the woman's or her child's freedom of
(4) Final judgment sentencing the respondent to movement or conduct by force or threat of force,
imprisonment of more than six years, even if physical or other harm or threat of physical or
pardoned; other harm, or intimidation directed against the
(5) Drug addiction or habitual alcoholism of the woman or child. This shall include, but not
respondent; limited to, the following acts committed with the
(6) Lesbianism or Homosexuality of the respondent; purpose or effect of controlling or restricting the
(7) Contracting by the respondent of a subsequent woman's or her child's movement or conduct:
Bigamous marriage, whether in the Philippines (a) Threatening to deprive or actually depriving
or abroad; the woman or her child of custody to her/his
(8) Sexual infidelity or perversion; family;
(9) Attempt by the respondent Against the life of the (b) Depriving or threatening to deprive the woman
petitioner; or or her children of financial support legally due
(10) Abandonment of petitioner by respondent her or her family, or deliberately providing the
without justifiable cause for more than one year. woman's children insufficient financial
support;
People v. Zapata and Bondoc (1951): (c) Depriving or threatening to deprive the woman
Adultery is not a continuing crime, but is or her child of a legal right;
consummated and exhausted at the moment of carnal (d) Preventing the woman in engaging in any
union. Each sexual act constitutes one act of adultery. legitimate profession, occupation, business or
As such, every sexual act is a ground for legal activity or controlling the victim's own money
separation. or properties, or solely controlling the
conjugal or common money, or properties;
Gandioco v. Pearanda (1989): (6) Inflicting or threatening to inflict physical harm on
In sexual infidelity as a ground for legal separation, oneself for the purpose of controlling her actions
there is no need for prior conviction for concubinage, or decisions;
because legal separation only requires a (7) Causing or attempting to cause the woman or her
preponderance of evidence, as opposed to proof child to engage in any sexual activity which does
beyond reasonable doubt required in concubinage. not constitute rape, by force or threat of force,
physical harm, or through intimidation directed
Lapuz Sy v. Eufemio (1972): against the woman or her child or her/his
The death of one party in a legal separation case immediate family;
abates the action. This is because the death of either (8) Engaging in purposeful, knowing, or reckless
spouse automatically dissolves the marriage. An conduct, personally or through another, that
action for legal separation is also purely personal alarms or causes substantial emotional or
between the spouses. psychological distress to the woman or her child.
This shall include, but not be limited to, the
Dela Cruz. v. Dela Cruz (1968): following acts:
Abandonment is not mere physical estrangement but (a) Stalking or following the woman or her child in
also financial and moral desertion. There must be an public or private places;
absolute cessation of marital relations, duties, and (b) Peering in the window or lingering outside the
rights with the intention of perpetual separation. residence of the woman or her child;
(c) Entering or remaining in the dwelling or on the
ACTS OF VIOLENCE ACCORDING TO RA 9262
property of the woman or her child against
(1) Causing physical harm to the woman or her child; her/his will;
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(d) Destroying the property and personal apply in cases where violence, as used in RA 9262
belongings or inflicting harm to animals or (Anti-Violence Against Women and their Children), is
pets of the woman or her child; and alleged. The case should be heard as soon as
(e) Engaging in any form of harassment or possible by the court.
violence;
(9) Causing mental or emotional anguish, public CONFESSION OF JUDGMENT
ridicule or humiliation to the woman or her child, No decree of legal separation shall be based upon a
including, but not limited to, repeated verbal and stipulation of facts or a confession of judgment (Art.
emotional abuse, and denial of financial support 60, par. 1. FC).
or custody of minor children of access to the
woman's child/children. Note: Art. 60 par. 1 applies only if the judgment was
based solely on the stipulation of facts or solely on
DEFENSES the confession of judgment. Thus, if other grounds
GROUNDS FOR DENYING LEGAL SEPARATION (ARTICLE 56) were used, Art. 60 par. 1 is not applicable. (Balane)
(4CMPRD):
(1) Condonation by aggrieved party Ocampo v Florenciano (1960):
(2) Consent by aggrieved party to the commission of The prohibition on confession of judgment does not
the offense mean that the Court will not grant petition if one party
(3) Connivance between parties in the commission of admits to being guilty of the charges of adultery. The
the offense point of this provision is that the Court should still
(4) Mutual guilt or Recrimination between spouses in admit evidence, not decide just based on an admission
the commission of any ground for legal of guilt. Because what is prohibited is handing down a
separation decree of legal separation based solely on a confession
(5) Collusion between parties to obtain decree of of judgment.
legal separation
(6) Prescription of action for legal separation (Art. 57: EFFECTS OF FILING PETITION
5 years from occurrence of the cause of action) (1) The spouses are entitled to Live separately, but
(7) Reconciliation of parties during pendency of the marital bond is not severed. (Art. 61 (1)
action (Art. 66 par.1) (2) Administration of Community or Conjugal Property
(8) Death of either party during pendency of action If there is no written agreement between the
(Lapuz-Sy vs. Eufemio) parties, the court shall designate one of them or a
third person to administer the ACP or CPG. (Art.
COOLING-OFF PERIOD AND RECONCILIATION 61, par. 2)
EFFORTS
Action cannot be tried before six months have EFFECTS OF PENDENCY
elapsed from the filing of the petition (Art. 58). The Court shall provide for: (Art. 62, cf. Art. 49. FC)
(a) Support of spouses
Action cannot be tried unless the court has (b) Custody of children
attempted to reconcile the spouses, and determined The court shall give custody of children to one of
that despite such efforts, reconciliation is highly them, if there is no written agreement between
improbable (Art. 59) the spouses. It shall also provide for visitation
rights of the other spouse.
Note: This is without prejudice to judicial (c) Visitation rights of the other spouse
determination of custody of children, alimony, and
support pendente lite. EFFECTS OF LEGAL SEPARATION
(1) The spouses can live separately (Art. 63) but the
Araneta vs. Concepcion, (1956): marriage bonds are not severed.
Courts can still resolve other issues, pending the (2) The ACP or CPG shall be dissolved and liquidated,
waiting period or cooling off period. In resolving issues, and the share of the guilty spouse shall be
try not to touch, as much as possible, on the main forfeited in favor the common children, previous
issue (i.e. adultery if that is the ground used). However, children, or innocent spouse, in that order (Art.
Court must still receive evidence if just to settle 63. cf. Art. 43, par. 2).
incidental issues of support and custody. (3) Custody of the minor children shall be awarded to
the innocent spouse (Art. 63, cf. Art 213)
Note: This provision of the Family Code dictating a (4) Guilty spouse shall be disqualified from Inheriting
mandatory 6-month cooling-off period does not from innocent spouse by intestate succession.
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EFFECTS OF AFFIDAVIT OF REAPPEARANCE, JUDICIAL DECLARATION OF NULLITY, ANNULMENT AND LEGAL SEPARATION
Void Marriages Terminated Marriage (Art. Voidable Marriages Legal Separation
41)
Status of Marital ties
Severed Severed Severed Not Severed
Status of Marriage
Void ab initio Subsequent marriage is Void Valid
terminated (not
invalidated)
Status of Children born and conceived before termination
Illegitimate Legitimate Legitimate Legitimate
EXCEPT: Art. 36 and 35 conceived
and born before judgement
(legitimate)
Custody of Children
Court Proceeding Court Proceeding Court Proceeding Innocent Spouse
Property Relations
(1) Dissolution and Liquidation of properties
(a) Guilty/Bad Faith spouse will forfeit his/her share from the Net Profits to the (in order):
(i) Common children
(ii) Children of the guilty spouse
(iii) Children of the innocent spouse
(2) Notification of creditors with the proceedings for liquidation
(3) Conjugal dwelling to be adjudicated to the spouse who has majority custody of common children
(4) Insurance policy may be revoked only by the innocent spouse (Legal Separation: Only within 5 years)
(5) Spouse in bad faith/guilty shall be disqualified to inherit (testate and intestate)
Donation Propter Nuptias
Valid, but if donee contracted marriage in bad faith, revoked by operation of law May be revoked within 5
years
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MANAGEMENT OF HOUSEHOLD
This is the right and duty of both spouses.
Property Relations of the
EFFECT OF NEGLECT OF DUTY
In case the other spouse neglects his or her duties or
Spouses
commits acts which tend to bring danger, dishonor
or injury to the family, the aggrieved party may apply MARRIAGE SETTLEMENTS
to the court for relief. (Art. 72) Art. 75. Future spouses may agree upon, in the
marriage settlement, which property regime will
Injury contemplated is physical, moral, emotional or govern their marriage (ACP, CPG, complete
psychological, not financial. separation of property, other regimes). However, in
the absence of a marriage settlement, or when the
EXERCISE OF PROFESSION regime agreed upon is void, the system of absolute
Either spouse may exercise any legitimate community of property as established by this Code
profession, without need for consent of the other. shall govern.
(a) The other spouse may only object on valid,
serious, and moral grounds. Marriage settlements are considered accessory to
(b) In case of disagreement, the Court shall decide the marriage, therefore as per Art. 81, stipulations in
whether: consideration of future marriage and donations will
(1) The objection is proper, and be void if the marriage does not take place.
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Mateo v. Lagua (1969): Donations propter nuptias are without onerous consideration, marriage being merely the
occasion or motive for the donation, not its cause. Being liberalities, they remain subject to reduction for
inofficiousness upon the donors death, if they should infringe the legitime of a forced heir.
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General rule: Spouses cannot donate to each other, directly or indirectly (donations made
by spouses to each other during the marriage are void). [Art. 87]
Exception: Moderate gifts on the occasion of any family rejoicing.
Harding v. Commercial Union, (1918): The prohibition on donations can only be assailed by
Rules for donations
persons who bear such relation to the parties or the property itself, that their rights are
during marriage
being interfered with. Here, the insurance company of the donated car cannot assail the
validity of the donation. In addition, the codal exception of moderate gifts depends on
the income class of the spouses and a car could be considered a moderate gift that does
not infringe the prohibition of donation between spouses.
Matabuena v Cervantes, (1971): The donation between common-law spouses falls within
Rules for donations the provision prohibiting donations between spouses during marriage.
between common-law Sumbad v. CA, (1999): The donation made by a man to a woman was held valid because no
spouses proof was shown that they were still living in a common-law relationship at the time of the
donation.
By the Nationality Rule [Art. 15], the rule that Absolute Community Property (ACP) is the default mode of property
relations absent any marriage settlement applies to all Filipinos, regardless of the place of the marriage and their
residence.
Exceptions:
(1) Where both spouses are aliens
(2) As to the extrinsic validity of contracts
(3) Contrary stipulation
Art. 81. Everything stipulated in marriage settlements in consideration of a future marriage are void if marriage
does not take place. However, stipulations that do not depend upon the celebration of marriage (e.g.: recognition
of paternity of illegitimate child) remain valid.
Art. 89. As a general rule, a waiver of rights is not allowed, except in the following cases:
(1) When there is judicial separation of property
(2) When there is legal separation
(3) When the marriage is dissolved by death of one of the spouses
(4) When the marriage is annulled
Art. 90. Co-ownership rules shall apply to ACP in matters not provided by the Family Code.
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Separation of Property
Agreed upon in the marriage settlements by the spouses
Mandatory under Arts. 103 & 130 (subsequent marriages contracted by a surviving spouse
When it applies without judicial settlement of previous property regime)
Default property regime when there is reconciliation between spouses after judicial separation
of property
Present or future property or both
Each spouses earnings from his or her own profession, business, or industry
What it consists
Natural, industrial or civil fruits of spouses separate properties
of
May be total or partial
If partial, property not considered separate is presumed to pertain to the ACP
Family expenses: Both spouses are liable in proportion to their income; if insufficient, based on
Liabilities the current value of their separate properties
Creditors for family expenses: Spouses solidarily liable
Spouses may own, dispose, possess, and administer separate estates without the consent of the
other
Ownership, Administration of exclusive properties may be transferred between spouses when:
administration, 1. One spouse becomes the other spouses guardian
enjoyment, and 2. One spouse is judicially declared an absentee
disposition 3. One spouse is given the penalty of civil interdiction
4. One spouse becomes a fugitive
Conveyance between the spouses is allowed under Art. 1490, NCC.
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Applicability
Man and woman living together as husband Man and woman living together as husband and wife, NOT
and wife, with capacity to marry (Art.5, capacitated to marry
without any legal impediment) (a) Under 18 years old
(a) at least 18 years old (b) Adulterous relationship
(b) not Art. 37 (incestuous void marriage) (c) Bigamous/polygamous marriage
(c) not Art. 38 (void marriage by reason of (d) Incestuous marriages under Art. 37
public policy) (e) Void marriages by reason of public policy under Art. 38
(d) not bigamous
Other void marriages due to absence of
formal requisite
Salaries and wages
Owned in equal shares Separately owned by parties
Properties acquired through exclusive funds
Remains exclusive, provided there is proof Remains exclusive
Villanueva v. CA (2004): Transfer of certificate Juaniza v. Jose (1979): Property acquired by a married party during
and tax declarations are not sufficient proof cohabitation with another not his spouse belongs to the CPG of
of joint contribution. the marriage, and the other party cannot be held jointly/severally
liable for it
Properties acquired by both through work and industry
Governed by rules on co-ownership Owned in common in proportion to respective contribution
Properties acquired while living together
Owned in equal shares since it is presumed to No presumption of joint acquisition. When there is evidence of
have been acquired through joint efforts joint acquisition but none as to the extent of actual contribution,
there is a presumption of equal sharing.
If one party did not participate in acquisition, Joaquina v. Reyes (2004): Prohibitions against donations between
presumed to have contributed through care spouses must likewise apply to donations between persons living
and maintenance of family and household together in illicit relations
Forfeiture
(1) In favor of their common children If one party is validly married to another his/her share in the co-
(2) In case of default of or waiver by any or all owned properties will accrue to the ACP/CPG of his/her existing
of the common children or their valid marriage
descendants, each vacant share shall
belong to the respective surviving If the party who acted in bad faith is not validly married to another,
descendants his/her share shall be forfeited in the same manner as that
In the absence of such descendants, such provided in Art 147.
share belongs to the innocent party
The same rules on forfeiture shall apply if both parties are in bad
faith.
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Villanueva v. CA (2004):
Transfer of certificate and tax declarations are not sufficient proof of joint contribution.
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(b) Then the judgment in favor of the creditor will (1) Executed & signed by husband and wife
be paid, plus all the costs of execution before the birth of the child.
(c) The excess, if any, shall be delivered to the (2) Recorded in the civil registry together with the
judgment debtor birth certificate of the child.
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vegetable, or sick with syphilis in the tertiary stage so (2) Within 2 years if the husband or all heirs live in
that copulation was not possible. But tuberculosis, the Philippines but do not reside in the same city
even in its most crucial stage, does not preclude or municipality where the child's birth took place
copulation between the sick husband and his wife. or was recorded
(3) Within 3 years if the husband or all heirs live
Jao v. CA (1987): outside the Philippines when the child's birth took
Blood-type matching is an acceptable means of place or was recorded in the Philippines
impugning legitimacy, covered by Art. 166(2), under
"biological or other scientific reasons." But this is only If the birth of the child has been concealed or was
conclusive of the fact of non-paternity. unknown to the husband, the above periods shall be
counted:
Legitimacy with regard to the mother: (1) From the discovery or knowledge of the birth of
(1) Child considered legitimate although [Art. 167]: the child, or
(a) Mother may have declared against its (2) From the discovery or knowledge of its
legitimacy registration,
(b) Mother may have been sentenced as an (3) Whichever is earlier.
adulteress (also applies to wife who was
raped) General rule: Only the husband can impugn the
(2) If the marriage is terminated and the mother legitimacy of a child. If he does not bring an action
contracted another marriage within 300 days within the prescribed periods, he cannot file such
after the termination of the former marriage, the action anymore thereafter, and this is also true with
rules shall govern in the absence of proof to the his heirs.
contrary [Art 168]:
(a) If child born before 180 days after the Exception: That the heirs of the husband may file the
solemnization of the subsequent marriage action or continue the same within the periods
child is considered conceived during the prescribed in Art. 170 [Art. 171]:
former marriage, provided it be born within (a) If the husband died before the expiration of the
300 days after termination of the former period fixed for bringing his action
marriage (b) If he should die after the filing of the complaint
(b) If child born after 180 days following the without having desisted therefrom
celebration of the subsequent marriage (c) If the child was born after the death of the
child is considered conceived during such husband.
marriage, even if it be born within 300 days
after the termination of the former marriage Sayson v. CA (1992): Legitimacy can only be attacked
directly.
Note: The legitimacy or illegitimacy of a child born
after 300 days following the termination of the PROOF OF FILIATION
marriage burden of proof upon whoever alleges Legitimate children may establish their filiation by
the status. [Art. 169] any of the following [Art. 172]:
(1) Primary Evidence
[Tolentino:] If nobody asserts the legitimacy or (a) Their record of birth appearing in the civil
illegitimacy of the child described in Art. 169, the registry.
child should be considered illegitimate unless (b) An admission of his filiation (legitimate or
legitimacy is proved. Legitimacy cannot be presumed illegitimate) by his parent or parents in a
here since the birth was beyond the 300-day period public document or a private handwritten
of gestation. While it goes against the policy of law instrument and signed by said parent or
to lean in favor of legitimacy, this interpretation is parents
better than the anomalous situation created by Art.
169, which is a child without a status. (2) Secondary Evidence
(a) Proof of open and continuous possession of
ACTION FOR IMPUGNING LEGITIMACY [ARTS. 170 AND 171] status as legitimate or illegitimate child
May be brought within 1, 2, or 3 years from the (b) Any other means stated by the rules of court
knowledge of the birth, or the knowledge of or special laws
registration of birth.
(1) Within 1 year if husband or any heirs reside in Note: Only in the absence of primary evidence can
the same city or municipality where the child was secondary evidence be admitted
born or his birth was recorded.
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ACTION FOR CLAIMING FILIATION [ART. 173]: reputation or tradition regarding pedigree like
(a) The child can bring the action during his or her inscriptions on tombstones, monuments, or coffin
lifetime, and once commenced such action plates.
survives even after the death of the parents. The
action does not prescribe as long as he lives. Eceta v. Eceta (2004):
(b) If the child dies during minority or in a state of Signature of the father on the birth certificate is
insanity, such action shall be transmitted to his considered as an acknowledgement of paternity and
heirs, who shall have a period of five years within mere presentation of a duly authenticated copy of such
which to institute the action. certificate will successfully establish filiations.
RIGHTS OF LEGITIMATE CHILDREN [ART. 174]: Heirs of Rodolfo Baas v. Heirs of Bibiano Baas
(a) To bear the surnames of the father and the (1985):
mother, in conformity with the provisions of the "Su padre [Your father]" ending in a letter is only proof
Civil Code on Surnames of paternal solicitude and not of actual paternity.
(b) To receive support from their parents, their Signature on a report card under the entry of
ascendants, and in proper cases, their brothers "Parent/Guardian" is likewise inconclusive of open
and sisters, in conformity with the provisions of admission.
this Code on Support
(c) To be entitled to the legitimate and other De Jesus v. Syquia (1933):
successional rights granted to them by the Civil By "open and continuous possession of the status of a
Code legitimate child" is meant the enjoyment by the child
of the position and privileges usually attached to the
ILLEGITIMATE CHILDREN status of a legitimate child, like bearing the paternal
Illegitimate children may establish their illegitimate surname, treatment by the parents and family of the
filiation in the same way and on the same evidence child as legitimate, constant attendance to the child's
(primary or secondary) as legitimate children. [Art. support and education, and giving the child the
175] reputation of being a child of his parents.
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Persons whose written consent is necessary for Posting of the petition, then recommendation by
adoption [Sec. 9] the Regional Director of the DSWD (5 days each)
(1) The prospective adoptee if 10 years or older
(2) The prospective adoptees biological parents,
legal guardian or the government instrumentality Issuance of certification by DSWD Secretary
or institution that has custody of the child declaring the child legally available for adoption
(3) The prospective adopters legitimate and adopted
children who are 10 years or older
(4) The prospective adopters illegitimate children, if Notes:
any, who are 10 years or older and living with (1) Abandoned child no proper parental
them care/guidance; or parents have deserted him/her
(5) The spouse, if any, of the person adopting or to be for at least 3 continuous months, including
adopted. foundlings
Note: A decree of adoption shall be effective as of the (2) Neglected child his basic needs have been
date the original petition was filed. It also applies in deliberately unattended or inadequately
case the petitioner dies before the issuance of the attended within 3 continuous months either by:
decree of adoption to protect the interest of the (a) Physical Neglect child is malnourished, ill-
adoptee. clad, without proper shelter, or without proper
provisions
PRE-ADOPTION PROCEDURES (b) Emotional Neglect child is maltreated,
(1) Voluntary Commitment of biological mother raped, seduced, exploited, overworked, or in
wanting to put her child up for adoption moral danger
Counseling on her options other than adoption (3) Required supporting documents for a petition for
the declaration of involuntary commitment:
(a) Social Case Study Report by DSWD / LGU /
Explaining to her the implications of losing her institution charged with childs custody
parental authority over the child (b) Proof of efforts to locate the childs
parents/known relatives
(1) Written certification that a local/national
Continuing services shall be provided after radio/TV case was aired on 3 different
relinquishment to cope with feelings of loss, etc. occasions
and other services for his/her reintegration to the (2) Publication in 1 newspaper of general
community circulation
(3) Police report / barangay certification of
due diligence
Biological parent(s) who decide to keep the child (4) Returned registered mail to last known
shall be provided with adequate services and address of parents
assistance to fulfill their parental responsibilities (c) Birth certificate, if available
(d) Recent photo and photo upon
abandonment of child
Biological parent(s) who decide to put the child
for adoption shall sign the Deed of Voluntary ADOPTION PROCEDURES
Commitment (DVC), which shall be rescissible
within 3 months from signing of the same Inquiry of prospective adopters at DSWD
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Recommendation and Consent of DSWD Art. 190 as amended. Rules on legal or intestate
succession to the estate of the adoptee:
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Note: Both legitimate and illegitimate children are Lacson v. San Jose-Lacson (1968):
entitled to support. Man is still liable for support in arrears since the
mother advanced it from a stranger (the uncle of the
PROPERTIES ANSWERABLE FOR SUPPORT daughters).
From the separate property of the obligor. If no
separate property, the ACP/CPG (if financially Lacson v. Lacson (2006):
capable) shall advance the support, to be deducted Acknowledgment of and commitment to comply with
from the obligors share upon liquidation of such support obligation through a note in his own
regime. [Art. 197] handwriting is proof that a demand was made.
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Note: De facto separation does not affect the ACP, PARENTAL AUTHORITY AND RESPONSIBILITY MAY NOT BE
except that the spouse who leaves the conjugal RENOUNCED OR TRANSFERRED EXCEPT IN THE CASES
home without just cause shall not be entitled to AUTHORIZED BY LAW. [ART. 210]
support. [Art. 100]
CASES WHEN PARENTAL AUTHORITY AND RESPONSIBILITY
AMOUNT MAY BE TRANSFERRED OR RENOUNCED:
The amount of support is in proportion to the means (a) Adoption;
of the provider and the needs of the receiver, and can (b) Guardianship; or
be reduced or increased if such circumstances (c) Commitment of the child in an entity or
change. [Arts. 201, 202] institution engaged in child care or in a childrens
home
WHEN DEMANDABLE
(a) The obligation to give support shall be RULES AS TO THE EXERCISE OF PARENTAL AUTHORITY:
DEMANDABLE from the time the person who has (a) Jointly exercised by the father and mother over
a right to receive the same needs it for their common children, but in case of
maintenance, but it shall not be PAYABLE except disagreement, the father's decision shall prevail,
from the date of judicial or extra-judicial demand. unless there is a judicial order to the contrary [Art.
[Art. 203] 211]
(b) Support pendente lite may be claimed in (b) Exercised by the mother if the child is illegitimate
accordance with the Rules of Court. [Art. 203] [Art.176]
(c) Payment shall be made within the first five days (c) Children under parental authority shall always
of each corresponding month. When the recipient observe respect and reverence towards their
dies, his heirs shall not be obliged to return what parents and are obliged to obey them [Art. 211]
he has received in advance. [Art. 203]
CHARACTERISTICS OF PARENTAL AUTHORITY:
OPTIONS (1) Natural right and duty of parents [Art. 209, FC]
(a) Payment of the amount; or (2) Cannot be renounced, transferred or waived,
(b) Receiving and maintaining the recipient in the except in cases authorized by law [Art 210, FC]
home of the provider, unless there is a legal or (3) Jointly exercised by the father and the mother
moral obstacle for doing so. [Art. 211, FC]
(4) Purely personal and cannot be exercised through
ATTACHMENT agents
The right to receive support as well as any money or (5) Temporary
property obtained as such support shall not be levied
upon on attachment or execution. (Art. 205) PARENTAL PREFERENCE RULE:
The natural parents, who are of good character and
[Tolentino:] This is to protect that which the law gives who can reasonably provide for the child, are
to the recipient against want and misery. ordinarily entitled to custody as against all persons.
[Santos v CA (1995)]
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(4) The court shall take into account all relevant SUBSTITUTE PARENTAL AUTHORITY OVER DISADVANTAGED
considerations, especially the choice of the child CHILDREN (ART. 217)
over seven years of age, unless the parent chosen Entrusted in summary judicial proceedings to:
is unfit [Art. 213 par. 1] (1) Heads of childrens homes
(5) Substitute parental authority [Art. 214] (2) Orphanages
(a) In case of death, absence or unsuitability of Similar institutions duly accredited by the proper
the parents, substitute parental authority shall government agency (such as the DSWD)
be exercised by the surviving grandparent
(b) When several grandparents survive, the one Who are disadvantaged children:
designated by the court shall exercise (1) Foundlings
parental authority, taking into account all (2) Abandoned
relevant considerations, especially the choice (3) Neglected
of the child over seven years of age, unless the (4) Abused
grandparent chosen is unfit (5) Others similarly situated
DESCENDANTS PRIVILEGE OF REFUSAL TO TESTIFY [ART. PERSONS EXERCISING SPECIAL PARENTAL AUTHORITY
215]: No descendant shall be compelled, in a criminal [ART. 218 FC]
case, to testify against his parents and grandparents. (1) School, its administrators and teachers; or
(2) The individual, entity or institution engaged in
Exception: When such testimony is indispensable in child care
(1) a crime against the descendant, or (2) a crime by
one parent against the other. Note: Exercised over minor child while under their
supervision, instruction or custody; authorized
TENDER YEARS PRESUMPTION: activities include those conducted both within or
NO child under 7 years of age shall be separated outside the school, entity or institution
from the mother, unless the court finds compelling
reasons to order otherwise. [Art. 213 par 2; Gamboa v. Substitute Special Parental Authority
CA (2007)] Parental Authority
It is exercised in It is exercised concurrently with
Examples of compelling reasons are: case of death, the parental authority of the
(1) When the mother is insane; absence, or in parents and rests on the theory
(2) with a communicable disease that might case of that while the child is in the
endanger the life or health of the child; unsuitability of custody of the person exercising
(3) is maltreating the child; or parents. special parental authority, the
(4) has another child by another man who lives with parents temporarily relinquish
her. [Cervantes v. Fajardo (1989)] parental authority over the child
to the latter.
Note: Prostitution or infidelity to husband does not
make a mother unfit as parent. St. Marys Academy v. Carpitanos (2002):
The special parental authority and responsibility
SUBSTITUTE AND SPECIAL PARENTAL applies to all authorized activities, whether inside or
AUTHORITY outside the premises of the school, entity or institution.
PERSONS EXERCISING SUBSTITUTE PARENTAL AUTHORITY
LIABILITY OF THOSE EXERCISING SPECIAL PARENTAL
IN DEFAULT OF PARENTS OR JUDICIALLY APPOINTED
AUTHORITY OVER THE CHILD (ART. 219 FC)
GUARDIAN (IN THIS ORDER):
(1) Principal and solidary liability for damages
(a) The surviving grandparent [Art. 214, FC]
caused by the acts or omissions of the minor child
(b) Oldest brother or sister, over 21 years old, unless while under their special parental authority
unfit or unqualified.
(2) Subsidiary liability for the parents and judicial
(c) Childs actual custodian, over 21 years old, unless
guardians of the minor, or those exercising
unfit or unqualified.
substitute parental authority over such minor for
his acts and omissions
Note: The same order applies to the appointment of
judicial guardian over the property of the child
Note: Both groups can use the defense that they
exercised proper diligence to avoid liability
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EFFECT OF PARENTAL AUTHORITY UPON THE (3) If the court finds the petition meritorious,
PERSONS OF THE CHILDREN disciplinary measures may include the
commitment of the child for not more than 30
RIGHTS OF PARENTS UPON THE PERSON OF THE CHILDREN: days in entities or institutions engaged in child
(1) To have them in their custody [Art. 220] care or in childrens homes duly accredited by the
(2) To represent them in all matters affecting their proper government agency. [Art. 224]
interests [Art. 220] (a) The parent exercising parental authority shall
(3) To demand from them respect and obedience not interfere with the case of the child
and impose necessary discipline on them [Art. whenever committed but shall provide for his
220] support. [Art. 224]
(4) To give or withhold consent to their marriage, (b) Upon proper petition or at its own instance,
their marriage settlements, their donations by the court may terminate the commitment of
reason of marriage, adoption, and employment the child whenever just and proper. [Art. 224]
(Art. 220) If the court finds the petitioner at fault, irrespective of
(5) To disinherit them for just cause (Tolentino) the merits of the petition, or when the circumstances
so warrant, the court may also order the deprivation
People v Silvano (1999): or suspension of parental authority or adopt such
Art. 220 which states that the parent has a right to other measures as it may deem just and proper. [Art.
impose necessary discipline on the child does not 223]
authorize the parent to invade or disregard the
childs honor and dignity under the mask of EFFECTS OF PARENTAL AUTHORITY UPON THE
discipline. Such acts can never be justified as PROPERTY OF THE CHILDREN
parental punishment. (a) The father and mother shall jointly exercise legal
guardianship over the property of the minor child
DUTIES OF PARENTS UPON THE PERSON OF THE CHILDREN: without court appointment. [Art. 225]
(a) To support them, providing for their upbringing in (b) In case of disagreement, the fathers decision
accordance with their means [Art. 220] shall prevail, unless there is judicial order to the
(b) To educate, instruct, and provide them with moral contrary. [Art. 225]
and spiritual guidance and love and (c) The ordinary rules on guardianship shall be
understanding [Art. 220] merely suppletory except when the child is under
(c) To defend them against unlawful aggression [Art. special parental authority, or the guardian is a
220] stranger, or a parent has remarried, in which case
(d) To give their lawful inheritance (Tolentino) the ordinary rules on guardian ship shall apply.
(e) To perform such other duties as are imposed by [Art. 225]
law [Art. 220] (d) If the market value of the property or the annual
(f) To answer for damages caused by their fault or income of the child exceeds P50,000, the parent
negligence and for the civil liability for crimes is required to furnish a bond of not less than 10%
committed by them. [Art. 221] of the value of the childs property or income.
[Art. 225]
SUBSTITUTE REPRESENTATION [ART. 222]
The courts may appoint a guardian of the childs PROCEDURE IN THE APPROVAL OF THE PARENTS BOND
property, or a guardian ad litem when the best [ART. 225]
interests of the child so requires. (a) A verified petition for approval of the bond shall
be filed in the proper court of the place where the
COURT ASSISTANCE IN THE DISCIPLINE OF THE CHILD child resides.
[ARTS. 223-224] (b) If the child resides in a foreign country, the
(1) The parents or, in their absence or incapacity, the petition shall be filed in the proper court of the
individual, entity or institution exercising parental place where the property or any part thereof is
authority, may petition the proper court of the situated.
place where the child resides, for an order (c) The petition shall be docketed as a summary
providing for disciplinary measures over the child. special proceeding. The court shall determine
[Art. 223] the amount of the bond, but shall not be less
(2) The child shall be entitled to the assistance of than 10% of the market value of the childs
counsel, either of his choice or appointed by the property or of his annual income.
court, and a summary hearing shall be conducted
wherein the petitioner and the child shall be
heard. [Art. 223]
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OWNERSHIP OF CHILDS ACQUISITIONS [ART. 226] (4) Upon final judgment of a competent court
The property of the unemancipated child earned or divesting the party concerned of parental
acquired with his work or industry or by onerous or authority.
gratuitous title shall belong to the child in ownership
and shall be devoted exclusively to the latters GROUNDS FOR SUSPENSION OF PARENTAL AUTHORITY
support and education, unless the title or transfer [CLEBC; ART. 230-231]
provides otherwise. (1) Conviction of parent for crime which carries with it
the penalty of civil interdiction
PARENTS USUFRUCT [ART. 226] (2) Treats child with excessive harassment and
The right of the parents over the fruits and income cruelty
(not the property itself) of the childs property shall (3) Gives corrupting orders, counsel, or example
be limited primarily to the childs support and (4) Compels child to beg
secondarily to the collective daily needs of the family. (5) Subjects or allows acts of lasciviousness
WHEN PARENTS ENTRUST THE MANAGEMENT OF THEIR SCOPE OF SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY
PROPERTIES TO A CHILD [ART. 227] [ART. 233]
(a) If the parents entrust the management or (a) The person exercising substitute parental
administration of any of their properties to an authority shall have the same authority over the
unemancipated child, the net proceeds of such person of the child as the parents.
property shall belong to the owner. (b) In no case shall the school administrators, teacher
(b) The child shall be given a reasonable monthly or individual engaged in child care exercising
allowance in an amount not less than that which special parental authority inflict corporal
the owner would have paid if the administrator punishment upon the child.
were a stranger, unless the owner grants the
entire proceeds to the child. RA 7610 CHILD ABUSE LAW
(c) In any case, the proceeds thus given in whole or An ascendant, stepparent or guardian of a minor
in part shall not be charged to the childs who shall induce, deliver or offer the minor to:
legitime. (1) Any one prohibited to keep the minor or
(2) Any one prohibited to have in his company a
SUSPENSION OR TERMINATION OF PARENTAL minor, twelve (12) years or under or who is ten (10)
AUTHORITY; years or more his junior in any public or private
RA 7610 CHILD ABUSE LAW place, hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or massage parlor,
PARENTAL AUTHORITY PERMANENTLY TERMINATES beach and/or other tourist resort or similar places
(1) Upon death of parents [Art. 228] shall suffer penalties and imprisonment.
(2) Upon death of child [Art. 228]
(3) Upon emancipation of child [Art. 228] Note: Those not prohibited to have in his company
(4) If the parents exercising parental authority has such minor in any of the mentioned places: anyone
subjected the child or allowed him to be who is related within the fourth degree of
subjected to sexual abuse [Art. 232] consanguinity or affinity or any bond recognized by
law, local custom and tradition or acts in the
Note: In the case of death of parents, there is no performance of a social, moral or legal duty
absolute termination of parental authority because
while the child is still a minor, the grandparents,
brothers and sisters, or a guardian may exercise
substitute parental authority over the child [Art. 216]
Emancipation, as amended
TERMINATION OF PARENTAL AUTHORITY WHICH CAN BE
REVIVED BY FINAL JUDGMENT [ART. 229]
by RA 6809
(1) Upon adoption of the child;
(2) Upon the appointment of a general guardian for Art. 234. Emancipation takes place by the attainment
the child; of majority. Unless otherwise provided, majority
(3) Upon judicial declaration of commences at the age of eighteen years.
(a) Abandonment of the child in a case filed for
the purpose Art. 236. Emancipation shall terminate parental
(b) Absence or incapacity of the person exercising authority over the person and property of the child who
parental authority shall then be qualified and responsible for all acts of
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civil life, save the exceptions established by existing exercised by the proper court authorized to hear
laws in special cases. family cases, if one exists, or in the regional trial
court or its equivalent sitting in the place where
Contracting marriage shall require parental consent either of the spouses resides. [Art. 241]
until the age of twenty-one.
NOTIFICATION TO OTHER SPOUSE:
Nothing in this Code shall be construed to derogate (1) Upon the filing of the petition, the court shall
from the duty or responsibility of parents and notify the other spouse, whose consent to the
guardians for children and wards below twenty-one transaction is required, of said petition, ordering
years of age mentioned in the second and third said spouse to show cause why the petition
paragraphs of Article 2180 of the Civil Code. should not be granted, on or before the date set
RA 6809: in said notice for the initial conference.
By virtue of this law, emancipation can no longer (2) The notice shall be accompanied by a copy of the
take place by virtue of the minors marriage or by the petition and shall be served at the last known
concession of the parents to a minor in a recorded address of the spouse concerned. [Art. 242]
public instrument.
PROCEDURE:
(1) A preliminary conference shall be conducted by
the judge personally without the parties being
assisted by counsel.
Summary Judicial (2) After the initial conference, if the court deems it
Proceedings in the Family useful, the parties may be assisted by counsel at
the succeeding conferences and hearings. [Art.
Law 243]
(3) If the petition is not resolved at the initial
conference, said petition shall be decided in a
PROCEDURAL RULES PROVIDED FOR IN THIS
summary hearing. Basis of summary hearing (at
TITLE SHALL APPLY TO [ART. 238]:
the sound discretion of the court):
(1) Separation in fact between husband and wife
(a) Affidavits
(2) Abandonment by one of the other
(b) Documentary evidence
(3) Incidents involving parental authority
(c) Oral testimonies at the courts sound
discretion. If testimony is needed, the court
SEPARATION IN FACT
shall specify the witnesses to be heard and the
A verified petition alleging the following facts is
subject-matter of their testimonies, directing
required when [Art. 239]:
the parties to present said witnesses. [Art.
(a) A husband and wife are separated in fact; or,
246(a)]
(b) One has abandoned the other
WHEN APPEARANCE OF SPOUSES REQUIRED:
Situation: Where one of them seeks judicial
(1) In case of non-appearance of the spouse whose
authorization for a transaction where the consent of
consent is sought, the court shall inquire into the
the other spouse is required by law but such consent
reasons for his failure to appear, and shall require
is withheld or cannot be obtained
such appearance, if possible. [Art. 244]
(2) If, despite all efforts, the attendance of the non-
The petition shall:
consenting spouse is not secured, the court may
(1) Attach the proposed deed, if any, embodying the
proceed ex parte and render judgment as the
transaction, if none, shall describe in detail the
facts and circumstances may warrant. In any
said transaction and state the reason why the
case, the judge shall endeavor to protect the
required consent thereto cannot be secured.
interests of the non-appearing spouse. [Art. 245]
(2) The final deed duly executed by the parties shall
be submitted to and approved by the court.
NATURE OF JUDGMENT: The judgment of the court
shall be immediately final and executory. [Art 247]
SEPARATE CLAIM FOR DAMAGES: Claims for damages by
either spouse, except costs of the proceedings, may
RULES APPLICABLE FOR ADMINISTERING OR ENCUMBERING
be litigated only in a separate action. [Art. 240]
SEPARATE PROPERTY OF SPOUSE: The petition for
judicial authority to administer or encumber specific
JURISDICTION:
Jurisdiction over the petition shall,
separate property of the abandoning spouse and to
upon proof of notice to the other spouse, be
use the fruits or proceeds thereof for the support of
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Note:
(a) Petitions filed under Articles 223, 225 and 235 of
this Code involving parental authority shall be
verified. [Art. 249]
Funeral, NCC Arts. 305-310
(b) The rules in Chapter 2 hereof shall also govern
summary proceedings under this Chapter insofar The duty and the right to make arrangements for the
as they are applicable [Art. 253] funeral of a relative shall be in accordance with the
(c) The foregoing rules in Chapter 2 (Separation in order established for support, under Article 294 [Art.
Fact) and (Incidents Involving Parental Authority) 305]:
hereof shall likewise govern summary (1) Spouse
proceedings filed (2) Descendants in the nearest degree. In case of
(1) Declaration of presumptive death [Art. 41] descendants of the same degree, or of brothers
(2) Delivery of presumptive legitime [Art. 51] and sisters, the oldest shall be preferred.
(3) Fixing of family domicile [Art. 69] (3) The ascendants in the nearest degree. In case of
(4) Disagreements regarding one spouses ascendants, the paternal shall have a better right
profession, occupation, business, or activity (4) The brothers and sisters.
[Art. 73] (5) Municipal authorities if there are no persons
(5) Disposition or encumbrance of common who are bound to support or if such persons are
property in ACP where one spouse is without means
incapacitated or unable to participate in the
NATURE OF FUNERAL: Every funeral shall be in keeping
administration; administration of absolute
community in a disagreement and the wife with the social position of the deceased. [Art. 306]
takes recourse within five years [Art. 96]
(6) Disposition or encumbrance of common The funeral shall be:
property in CPG where one spouse is (1) In accordance with the expressed wishes of the
incapacitated or unable to participate in the deceased.
administration; administration of absolute (2) In the absence of such expression, his religious
community in a disagreement and the wife beliefs or affiliation shall determine the funeral
takes recourse within five years, [Art. 124] rites.
(3) In case of doubt, the form of the funeral shall be
When wife and husband are de facto separated and decided upon by the person obliged to make
the CPG is insufficient, the spouse present shall, arrangements for the same, after consulting the
upon a petition, be given judicial authority to other members of the family [Art. 307]
administer or encumber any specific property of the
other spouse and use the fruits and proceeds thereof Note: No human remains shall be retained, interred,
to satisfy the latters share. [Art. 127] disposed of or exhumed without the consent of the
persons mentioned in articles 294 and 305.
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Funeral Expenses: The construction of a tombstone or (5) Illegitimate children referred to in Article 287 shall
mausoleum shall be deemed a part of the funeral bear the surname of the mother. [Art 368]
expenses, and shall be chargeable to the conjugal (6) Children conceived before the decree annulling a
partnership property, if the deceased is one of the voidable marriage shall principally use the
spouses [Art. 310]. surname of the father. [Art. 369]
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Exception to the Exception: (4) Those who may have over the property of the
Art. 381. When a person disappears from his domicile, absentee some right subordinated to the condition of
his whereabouts being unknown, and without leaving his death.
an agent to administer his property, the judge, at the
instance of an interested party, a relative, or a friend, Article 386. The judicial declaration of absence shall
may appoint a person to represent him in all that may not take effect until six months after its publication in
be necessary. a newspaper of general circulation.
This same rule shall be observed when under similar WHEN MAY A DECLARATION OF ABSENCE BE DECLARED?
circumstances the power conferred by the absentee (a) Two years without any news about the absentee
has expired. (b) Five years if the absentee left a person in charge
of administration of his property
Art. 382. The appointment referred to in the preceding (c) Declaration takes effect only after six months after
article having been made, the judge shall take the publication in a newspaper of general circulation
necessary measures to safeguard the rights and
interests of the absentee and shall specify the powers,
obligations and remuneration of his representative, WHO MAY ASK FOR A DECLARATION OF ABSENCE?
regulating them, according to the circumstances, by (1) Spouse present
the rules concerning guardians. (2) Heirs instituted in a will, who may present an
authentic copy of the same;
Art. 383. In the appointment of a representative, the (3) Relatives who may succeed by the law of intestacy;
spouse present shall be preferred when there is no (4) Those who may have some right over the property of
legal separation. the absentee, subordinated to the condition of his
death.
If the absentee left no spouse, or if the spouse present
is a minor, any competent person may be appointed ADMINISTRATION OF THE PROPERTY OF THE
by the court. ABSENTEE, ARTS. 387-389
Art. 387. An administrator of the absentee's property
REQUISITES: The judge may appoint a person to shall be appointed in accordance with Article 383.
represent absentee when:
(1) Person disappears from his domicile Art. 388. The wife who is appointed as an
(2) His whereabouts are unknown administratrix of the husband's property cannot
(3) No agent to administer his property alienate or encumber the husband's property, or that
(4) An interested party, a relative, or a friend files the of the conjugal partnership, without judicial authority.
action
Art. 389. The administration shall cease in any of the
WHO MAY BE APPOINTED AS REPRESENTATIVE?
following cases:
(1) Spouse present shall be preferred when there is (1) When the absentee appears personally or by means
no legal separation of an agent;
(2) If no spouse or spouse is incapacitated, any (2) When the death of the absentee is proved and his
competent person testate or intestate heirs appear;
(3) When a third person appears, showing by a proper
DECLARATION OF ABSENCE, ARTS. 384-389 document that he has acquired the absentee's
Art. 384. Two years having elapsed without any news property by purchase or other title.
about the absentee or since the receipt of the last
news, and five years in case the absentee has left a In these cases the administrator shall cease in the
person in charge of the administration of his property, performance of his office, and the property shall be at
his absence may be declared. the disposal of those who may have a right thereto.
Art. 385. The following may ask for the declaration of WHO MAY ADMINISTER THE PROPERTY?
absence: (a) Spouse present shall be preferred when there is
(1) The spouse present; no legal separation
(2) The heirs instituted in a will, who may present an (b) If no spouse or spouse is incapacitated, any
authentic copy of the same; competent person
(3) The relatives who may succeed by the law of
intestacy;
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Exception: Succession
(a) In succession, 10 years is required for
presumption of death. Civil Registrar
(b) If absentee disappeared after age 75, 5 years
shall be sufficient. ARTS. 407-413
Art. 407. Acts, events and judicial decrees concerning
EXTRAORDINARY ABSENCE the civil status of persons shall be recorded in the civil
Only 4 years is required for presumption to arise if: register.
(1) A person on board a vessel lost during a sea
voyage, or an aeroplane which is missing, who has Art. 408. The following shall be entered in the civil
not been heard of for four years since the loss of register:
the vessel or aeroplane; (1) Births;
(2) A person in the armed forces who has taken part (2) marriages;
in war, and has been missing for four years; (3) deaths;
(3) A person who has been in danger of death under (4) legal separations;
other circumstances and his existence has not (5) annulments of marriage;
been known for four years.
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Citizens of the Philippines who are presently residing or petition and shall show affirmatively that the petitioner
domiciled in foreign countries may file their petition, in is competent to testify to the matters stated. The
person, with the nearest Philippine Consulates. petitioner shall state the particular erroneous entry or
entries, which are sought to be corrected and/or the
The petitions filed with the city or municipal civil change sought to be made.
registrar or the consul general shall be processed in
accordance with this Act and its implementing rules The petition shall be supported with the following
and regulations. documents:
All petitions for the clerical or typographical errors (1) A certified true machine copy of the certificate or of
and/or change of first names or nicknames may be the page of the registry book containing the entry or
availed of only once. entries sought to be corrected or changed.
(2) At least two (2) public or private documents
GROUNDS showing the correct entry or entries upon which the
Who may file the petition and where? correction or change shall be based; and
(1) Any person having direct personal interest in the (3) Other documents which the petitioner or the city or
correction of a clerical or typographical error in an municipal civil registrar or the consul general may
entry and/or change of first name or nickname in consider relevant and necessary for the approval of the
the civil register petition.
(2) Verified petition with the local civil registry office
of the city or municipality No petition for correction of erroneous entry
(a) where the record being sought to be corrected concerning the date of birth or the sex of a person shall
or changed is kept be entertained except if the petition is accompanied by
(b) where the interested party is presently earliest school record or earliest school documents
residing or domiciled, if it will be impractical such as, but not limited to, medical records, baptismal
to submit in the place where record is kept (i.e. certificate and other documents issued by religious
when party has migrated to another place in authorities; nor shall any entry involving change of
the country gender corrected except if the petition is accompanied
(c) nearest Philippine Consulates, if the petitioner by a certification issued by an accredited government
is presently residing or domiciled in foreign physician attesting to the fact that the petitioner has
countries not undergone sex change or sex transplant. The
petition for change of first name or nickname, or for
Note: correction of erroneous entry concerning the day and
All petitions for the clerical or typographical errors month in the date of birth or the sex of a person, as the
and/or change of first names or nicknames may be case may be, shall be published at least once a week
availed of only once. for two (2) consecutive weeks in a newspaper of
general circulation.
Sec. 4. Grounds for Change of First Name or
Furthermore, the petitioner shall submit a certification
Nickname. The petition for change of first name or
from the appropriate law enforcements, agencies that
nickname may be allowed in any of the following
he has no pending case or no criminal record.
cases:
(1) The petitioner finds the first name or nickname to
The petition and its supporting papers shall be filed in
be ridiculous, tainted with dishonor or extremely
three (3) copies to be distributed as follows: first copy
difficult to write or pronounce.
to the concerned city or municipal civil registrar, or the
(2) The new first name or nickname has been
consul general; second copy to the Office of the Civil
habitually and continuously used by the petitioner and
Registrar General; and third copy to the petitioner.
he has been publicly known by that by that first name
or nickname in the community: or
(3) The change will avoid confusion.
RULE 108, RULES OF COURT
Sec. 5. Form and Contents of the Petition. The CANCELLATION OR CORRECTION OF ENTRIES IN
petition for correction of a clerical or typographical THE CIVIL REGISTRY
error, or for change of first name or nickname, as the
case may be, shall be in the form of an affidavit, Sec. 1. Who may file petition. - Any person interested in
subscribed and sworn to before any person authorized any act, event, order or decree concerning the civil
by the law to administer oaths. The affidavit shall set status of persons which has been recorded in the civil
forth facts necessary to establish the merits of the register, may file a verified petition for the cancellation
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or correction of any entry relating thereto, with the (2) Any act, event, order or decree concerning the
Court of First Instance of the province where the civil status of persons which has been recorded in
corresponding civil registry is located. the civil register
(3) Verified petition for the cancellation or correction
Sec. 2. Entries subject to cancellation or correction. - of any entry relating thereto with the Court of
Upon good and valid grounds, the following entries in First Instance of the province where the
the civil register may be cancelled or corrected: (a) corresponding civil registry is located
births; (b) marriages; (c) deaths; (d) legal separations;
ENTRIES SUBJECT TO CANCELLATION
(e) judgments of annulments of marriage; (f)
judgments declaring marriages void from the (a) Births
beginning; (g) legitimations; (h) adoptions; (i) (b) Marriages
acknowledgments of natural children; (j) (c) Deaths
naturalization (k) election, loss or recovery of (d) Legal separations
citizenship (l) civil interdiction; (m) judicial (e) Judgments of annulments of marriage
determination of filiation; (n) voluntary emancipation (f) Judgments declaring marriages void from the
of a minor; and (o) changes of name. beginning
(g) Legitimations
Sec. 3. Parties. - When cancellation or correction of an (h) Adoptions
entry in the civil register is sought, the civil registrar (i) Acknowledgments of natural children
and all persons who have or claim any interest which (j) Naturalization
would be affected thereby shall be made parties to the (k) Election, loss or recovery of citizenship
proceeding. (l) Civil interdiction
(m) Judicial determination of filiation
Sec. 4. Notice and publication. - Upon the filing of the (n) Voluntary emancipation of a minor
petition, the court shall, by an order, fix the time and (o) Changes of name
place for the hearing of the same, and cause
reasonable notice thereof to be given to the persons
named in the petition. The court shall also cause the
order to be published once a week for three (3)
consecutive weeks in a newspaper of general
circulation in the province.
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Property All things which are, or may be, the object them with the intention to have them
of appropriation. [NCC 414] permanently attached to the land, and forming a
permanent part of it; the animals in these places
Characteristics (USA) are included;
(7) Fertilizer actually used on a piece of land;
(8) Mines, quarries, and slag dumps, while the
(1) Utility capacity to satisfy human wants matter thereof forms part of the bed, and waters
(2) Substantivity and Individuality separate and either running or stagnant;
autonomous existence (9) Docks and structures which, though floating, are
(3) Susceptibility of being appropriated what cannot intended by their nature and object to remain at
be appropriated because of their distance, depth, a fixed place on a river, lake, or coast;
or immensity cannot be considered things (i.e. (10) Contracts for public works, and servitudes and
stars, ocean) other real rights over immovable property.
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(b) By special treatment of Act 1508 (Chattel work in which they are utilized) they
Mortgage Law), growing crops may be subject recover their condition as movables.
of a Chattel Mortgage. (ii) If it is still needed for the industry but
(c) For the purpose of attachment: growing crops separated from the tenement
are to be attached in the same manner as temporarily, the property continues to be
realty. (Rule 59, Sec. 7) immovable.
(b) Requisites for Immovability in Par. 5:
(2) Par. 3 (i) Placed by the owner or the tenant (as
(a) Res vinta in Roman Law agent);
(b) Attachment in a fixed manner: breakage or (ii) Adapted to the needs of the industry or
injury in case of separation will be substantial work
e.g. wells, sewers, aqueducts and railways (c) Except: Estoppel
(i) Whether attached by the owner himself (d) Parties may, by agreement, treat as personal
or some other person property that which by nature would be real,
as long as no third parties would be
(3) Par. 7 prejudiced. That characterization is effective
Actually used (it has been spread over the land) between the parties. [Makati Leasing v.
Wearever(1983)]
Immovables by Destination: are essentially movables (e) Effect of Attachment
but by the purpose for which they have been placed (i) Machinery becomes part of the
in an immovable, partake of the nature of an immovable.
immovable [Par. 4, 5, 6 & 9] (ii) The installation of machinery and
(1) Par. 4 equipment in a mortgaged sugar central
(a) Requisites: for the purpose of carrying out the
(i) Placed by the owner or by the tenant (as industrial functions and increasing
agent); production, constitutes a permanent
(ii) With intention of attaching them improvement on said sugar central and
permanently even if adherence will not subjects said machinery and equipment
involve breakage or injury. to the mortgage constituted thereon.
(b) Where the improvement or ornaments placed [Berkenkotter v. Cu Unjieng(1935)]
by the lessee are not to pass to the owner at
the expiration of the lease, they remain (4) Par. 6
movables for chattel mortgage purposes. Requisites:
[Davao Sawmill v. Castillo(1935)] (a) Placed by the owner or the tenant (as agent);
(b) With the intention of permanent attachment;
(2) Par. 3 v. Par. 4 (c) Forming a permanent part of the immovable.
Par. 3 Par. 4
(5) Par. 9:
Cannot be separated Can be separated (a) A floating house tied to a shore and used as a
from immovable from immovable residence is considered real property,
without breaking or without breaking or considering that the waters on which it floats
deterioration deterioration are considered immovables.
Must be placed by (b) But if the floating house makes it a point to
Need not be placed by the owner, or by his journey from place to place, it assumes the
the owner agent, expressed or category of a vessel, and is considered
implied immovable
Real property by
Real property by Immovables by Analogy: Contracts for public works,
incorporation and
incorporation servitudes, other real rights over immovable property
destination
e.g. usufruct and lease of real property for a period of
(3) Par. 5 1 year and registered [Par. 10]
(a) Immovability depends upon their being
destined for use in the industry or work in the Note: Enumeration in Art. 415 not absolute
tenement; (1) Parties may by agreement treat as, but effective
(i) The moment they are separated, (from only as to them.
the immovable or from the industry or
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It is based, partly, upon the principle of estoppel. (c) Intellectual property considered personal
[Evangelista vs. Alto Surety(1958)] property; it consists in the pecuniary benefit
which the owner can get by the reproduction
(2) For purposes of taxation, improvements on land or manufacture of his work.
are commonly taxed as realty, even though for
some purposes, they might be considered as (4) By forces of nature e.g. electricity, gas, heat,
personalty. oxygen
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(7) In affecting third persons (3) Those for the development of the national wealth
(a) In transactions involving real property must
be recorded in the Registry of Property to Includes natural resources such as minerals, coal,
affect third persons oil and forest
(b) In transactions involving personal property
registration is not required, except for chattel (4) Patrimonial property
mortgages [Chattel Mortgage Register, NCC (a) Owned by the State over which it has the
2140] same rights as private individuals in relation
to their own property
BASED ON OWNERSHIP (b) Subject to the administrative laws and
Either of public dominion or private ownership [NCC regulations on the procedure of exercising
419] such rights.
(c) E.g. friar lands, escheated properties and
Churches and other consecrated objects are commercial buildings
considered outside the commerce of man; they are (d) Purpose:
considered neither public nor private property (i) Enables the State to attain its economic
ends
PUBLIC DOMINION (ii) Serves as a means for the States
Property of public dominion is outside the commerce subsistence and preservation
of man. They cannot be the subject matter of private (iii) Enables the State to fulfill its primary
contracts, cannot be acquired by prescription and mission
they are not subject to attachment and execution nor (e) Conversion of Property of Public Dominion for
burdened with a voluntary easement. Public Use to Patrimonial Property:
(i) Property of public dominion, when no
Public As defined by NCC 420 longer intended for public use or for
Dominion public service, shall form part of the
Public Used in Art XII, Section 2, 1987 patrimonial property of the State [NCC
Domain Constitution 422, Civil Code]
(ii) Requires a Declaration by the
Public Lands Public Land Act Government (executive or legislative
departments) that it is no longer needed
Characteristics: for public use or service.
(1) Not owned by the State but pertains to it as
territorial sovereign; to hold in trust for the Administered by Municipal Corporations: [NCC 424]
interest of the community. (1) Property for public use, in the provinces, cities,
(2) Purpose: For public use, and not for use by the and municipalities, consist of the provincial
State as a juridical person roads, city streets, municipal streets, the squares,
(3) Cannot be the subject of appropriation either by fountains, public waters, promenades, and public
the State or by private persons works for public service paid for by said provinces,
cities, or municipalities.
Classifications: (2) Patrimonial property of Municipal Corporations:
Administered by the State: [NCC 420] (a) The province or municipality, as a juridical
(1) Those intended for public use (roads, canals, entity, also possesses private property to
rivers, torrents, ports and bridges constructed by answer for its economic necessities.
the State, banks, shores, roadsteads, and others
of similar character)
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(b) Classification of Properties of provinces, cities, acquired with its private or corporate funds, the
and municipalities [Salas v. Jarencio, (1972)] presumption is that such land came from the
(i) Properties acquired with their own funds State upon the creation of the municipality.
in their private or corporate capacity over
which the political subdivision has Conversion
ownership and control Alienable Public Land converted to Private Property
(ii) Properties of public dominion held in trust through Prescription Alienable public land held by a
for the States inhabitants are subject to possessor personally/through predecessors-in-
the control and supervision of the State interest, openly, continuously and exclusively for
30 years is CONVERTED to private property by the
(c) A municipal corporation must prove that they mere lapse or completion of the period. The
acquired the land with their own corporate application for confirmation is mere formality,
funds because land had already been converted, giving rise
to a registrable title. [Director of Lands v. IAC]
(d) Presumption: that land comes from the State
upon the creation of the municipality. All Private Land converted to Property of Public Dominion
lands in the possession of the municipality through abandonment and reclamation Through the
gradual encroachment or erosion by the ebb and
Except for those acquired with its private funds, flow of the tide, private property may become public
are deemed to be property of public dominion, IF the owner appears to have ABANDONED the land,
held in trust for the State for the benefit of its and permitted it to be totally destroyed so as to
inhabitants. become part of the shore. The land having
disappeared on account of the gradual erosion, and
(e) Congress has paramount power to dispose of having remained submerged until they were
lands of public dominion in a municipality, the reclaimed by the government, they are public land.
latter being a subdivision only for purposes of [Government v. Cabangis]
local administration. [Salas v. Jarencio, (1972)]
BASED ON CONSUMABILITY [NCC 418]
PRIVATE OWNERSHIP Only applies to movables, determined by nature
Can be exercised by the State in its private capacity
or by private persons CONSUMABLE
(1) Movables which cannot be used in a manner
Kinds: appropriate to their nature without their being
(1) Patrimonial property - Property owned by the consumed (e.g. food)
State and its political subdivisions in their private (2) Consumable goods cannot be the subject matter
capacity; all property of the State not included in of a commodatum unless the purpose of the
NCC 420 (on public dominion) [NCC 421-424] contract is not the consumption of the object, as
(2) Property belonging to private persons, either when it is merely for exhibition.
individually or collectively [NCC 425]
(1) Property of private ownership, besides the NON-CONSUMABLE
patrimonial property of the State, provinces, All others not falling under consumable e.g. money
cities, and municipalities, consists of all in coin
property belonging to private persons, either
individually or collectively. SUSCEPTIBILITY TO SUBSTITUTION
(2) Refers to all property belonging to private Only applies to movables, determined by the
persons, natural or juridical, either individually intention of the parties.
or collectively (co-owned property) FUNGIBLES
Things which, because of their nature or the will of
Determination (two different views): the parties, are capable of being substituted by
(1) Determined by how the property was used: others of the same kind, not having a distinct
In Province of Zamboanga v. City of Zamboanga individuality
(1968), property was considered patrimonial for
they were not for public use. NON-FUNGIBLES
(1) Things which cannot be substituted for another
(2) Determined by how the property was acquired: (2) If the parties agreed that the same thing be
According to Salas v. Jarencio (1972), the absence returned, it is not fungible
of a title deed to any land, showing that it was
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Real Rights Personal Rights Distinction between forcible entry and unlawful
Generally extinguished by Personal right survives detainer
the loss or destruction of the subject matter (1) Forcible Entry: Lawful possessor deprived through
the thing over which it is FISTS:
exercised (a) FISTS (Force, Intimidation, Strategy, Threats,
Stealth)
It is directed against the It is binding or (b) Prescription: 1 year from dispossession (force,
whole world, giving rise to enforceable only intimidation, threats) or from knowledge of
rd
real actions against 3 against a particular dispossession (strategy, stealth)
persons person giving rise to
personal actions (2) Unlawful Detainer: Possessor refused to vacate
against such debtor upon demand by owner
(a) Legal possession (by permission/ tolerance)
(2) Real action v. Personal action (Rule 4 Sec 1-2) becomes unlawful upon failure to vacate
Real action actions affecting title to or (b) Prescription of action: 1 year from last notice
possession of real property or any interest therein to vacate
Personal action all other actions Actions for recovery of possession of movable
property
(3) Action in rem v. Action in personam v. Action Replevin
quasi in rem (1) for manual delivery of property
Action in rem action against a property, (2) Prescription of Right: 4 years (GF) or 8 years (BF)
judgment binding against the whole world
Requisites for recovery of property [NCC 434]
Action in personam action against a specific (1) Property must be identified
person, judgment binding against that particular Through a relocation survey and a title properly
person identifying boundaries and location
Action quasi in rem action against a specific (2) Plaintiff must rely on the strength of his title and
property with respect to a person not on weakness of defendants title
(a) Right must be founded on positive title and
REMEDIES
not on lack or insufficiency of defendants
(1) Self-help [NCC 429-430] (b) Ei incumbit probatio qui dicit, non qui negat:
(a) The owner may use such force as may be He who asserts, not he who denied must
reasonably necessary to repel or prevent an prove
actual or threatened unlawful physical
invasion or usurpation of his property. LIMITATIONS ON OWNERSHIP
LIMITATIONS ON THE RIGHTS OF OWNERSHIP PROVIDED
(b) Every owner may enclose or fence his land or
BY LAW
tenements by any other means without
detriment to servitudes constituted thereon. General limitations taxation, eminent domain,
(2) Actions to recover ownership and possession of police power
real property (1) Police Power: Property taken with no
compensation for general welfare
RIGHT TO RECOVER POSSESSION
(a) When any property is condemned or seized by
Immovable Property competent authority in the interest of health,
(1) Accion Reivindicatoria: Recovery of ownership of safety or security, the owner thereof shall not
real property be entitled to compensation, unless he can
(a) Including but not limited to possession show that such condemnation or seizure is
(b) Prescription of Action: 30 years unjustified. [Art. 436, Civil Code]
(2) Accion Publiciana: Recovery of a better right to (b) Requisites: To justify the exercise of police
possess (de jure) power, the following must appear:
(a) Judgment as to who has the better right of (i) The interests of the public generally,
possession require such interference (as distinguished
(b) Also, actions for ejectment not filed within 1 from those of a particular class)
year must be filed as accion publiciana (ii) The means are reasonably necessary for
(c) Prescription: 10 years the accomplishment of a purpose, and not
unduly oppressive
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Summary of Actions:
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Landowner
Ornamental
Builder,
Planter, (b) Sell to BP (unless the value of the land is
Sower considerably more than that of the
[BPS] building or trees)
(c) Rent to S
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Landowner
Landowner
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Case 2: BPS builds, plants, or sows on anothers ;and using his own materials
Landowner BPS and Owner of Material
Good faith Good faith
Landowner has option to: BPS has right to retain (right of retention) the land until
(a) Acquire the improvement after paying indemnity the payment of indemnity
which may be the original cost of improvement OR
increase in value of the whole brought about by the NOTE: During this period BPS is not required to pay
improvement rent.
(b) Sell the land to the BP or collect rent from sower
UNLESS value of land is more than the thing built,
planted or sown or BP shall pay rent fixed by parties
or by the court in case of disagreement.
Case 3: BPS builds, plants or sows on anothers land with materials owned by third persons
Landowner BPS Owner of Material
Good faith Good faith Good faith
(a) Right to acquire improvements (1) Right of retention until necessary (1) Collect value of material
and pay indemnity to BPS; and useful expenses are paid primarily from BPS and
subsidiarily liable to OM (2)Pay value of materials to OM subsidiarily liable for landowner
(b) Has option to: if BPS is insolvent
(1) Sell land to BP except if the (2) Limited right of removal
value of the land is
considerably more
(2) Rent to sower
Good faith Good faith Bad faith
(1) Right to acquire improvements (1) Right of retention until necessary (1) Lose the material without right
and pay indemnity to BPS and useful expenses are paid. to indemnity
(2) Has option to: (2)Keep BPS without indemnity to (2) Must pay for damages to BPS
(1) Sell land to BP except if the OM and collect damages from
value of the land is him
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WITH RESPECT TO MOVABLE PROPERTY (2) Mixture the union of material where the
Three Types: components lose their identity
(1) Conjunction or Adjunction - process where 2
movables belonging to different owners are Kinds:
attached to each other to form a single object (a) Commixtion mixture of solids
(b) Confusion mixture of liquids and gases
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Worker becomes the owner but must indemnify NATURE: QUASI IN REM
owner (who was also in good faith) for the value (a) A suit against a particular person or persons in
of the material respect to the res and the judgment will apply
only to the property in dispute.
Exception: (b) The action to quiet title is characterized as
If material is more valuable than the new thing, proceeding quasi in rem. Technically, it are
owner of material may choose: neither in rem nor in personam. In an action
(a) To take the new thing but must pay for the quasi in rem, an individual is named as defendant.
work or labor However, unlike suits in rem, a quasi in rem
(b) To demand indemnity for the material judgment is conclusive only between the parties.
[Spouses Portic v. Cristobal]
If the owner was in bad faith, maker may
appropriate the new thing without paying the JUSTIFICATIONS FOR QUIETING OF TITLE
owner OR require the owner to pay him the value (1) To prevent future or further litigation on the
of the thing or his work, with right to indemnity ownership of the property
(2) To protect the true title and possession
(2) Person in bad faith (3) To protect the real interest of both parties
General rule: (4) To determine and make known the precise state
(a) Owner may either appropriate the new thing of the title for the guidance of all
to himself without paying the maker OR
(b) Owner may demand value of material plus THE ACTION TO QUIET TITLE DOES NOT APPLY:
damages (1) To questions involving interpretation of
documents
Exception: (2) To mere written or oral assertions of claims
The first option is not available in case the value (a) Unless made in a legal proceeding
of the work, for artistic or scrientific reasons, is (b) Or asserting that an instrument or entry in
considerably more than that of the material plaintiffs favor is not what it purports to be
(3) To boundary disputes
(3) Person made use of material with consent and (4) To deeds by strangers to the title unless
without objection of owner purporting to convey the property of the plaintiff
Rights shall be determined as though both acted (5) To instruments invalid on their face
in good faith (6) Where the validity of the instrument involves a
pure question of law
REQUIREMENT
Quieting of Title or Interest in REQUISITES OF AN ACTION TO QUIET TITLE
(1) There is a CLOUD on title to real property or any
and Removal or Prevention of interest to real property.
(2) The plaintiff must have legal or equitable title to,
Cloud over Title to or Interest or interest in the real property.
(3) Plaintiff must return the benefits received from
in Real Property the defendant.
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(b) Any record, claim, encumbrance e.g. an affirmatively and within the time provided by the
attachment, lien, inscription, adverse claim, lis statute. Possession is a continuing right as is the
pendens, on a title right to defend such possession. So it has been
(c) Any proceeding e.g. an extrajudicial partition determined that an owner of real property in
of property possession has a continuing right to invoke a
(2) The claim should appear valid or effective and court of equity to remove a cloud that is a
extraneous evidence is needed to prove their continuing menace to his title. Such a menace is
validity or invalidity. compared to a continuing nuisance or trespass
(a) Test: Would the owner of the property in an which is treated as successive nuisances or
action for ejectment brought by the adverse trespasses, not barred by statute until continued
party be required to offer evidence to defeat a without interruption for a length of time sufficient
recovery? to affect a change of title as a matter of law."
(b) As a general rule, a cloud is not created by [Pingol v. CA]
mere verbal or parole assertion of ownership
or an interest in property. (2) When the plaintiff is not in possession of the
(3) Such instrument, etc. is, in truth and in fact, property, the action to quiet title may prescribe.
invalid, ineffective, voidable, or unenforceable, or (a) 10 yrs. ordinary prescription
has been extinguished or terminated, or has been (b) 30 yrs. extraordinary prescription
barred by extinctive prescription.
(4) Such instrument, etc. may be prejudicial to the
true owner or possessor.
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THERE ARE IDEAL SHARES DEFINED BUT NOT PHYSICALLY (b) Article 148: between a man and a woman not
IDENTIFIED [NCC 485] capacitated to marry each other
(1) The share of the co-owners, in the benefits as (c) Article 90: if matter is not provided in the FC
well as in the charges, shall be proportional to Chapter on ACP, then rules on co-ownership
their respective interests. will apply
(2) Any stipulation in a contract to the contrary shall
be void. (2) Purchase creating implied trust: co-ownership
(3) The portions belonging to the co-owners in the between persons who agree to purchase property
co-ownership shall be presumed equal, unless If two or more persons agree to purchase
the contrary is proved property and by common consent the legal title is
taken in the name of one of them for the benefit
Each co-owner has absolute control over his ideal of all, a trust is created by force of law in favor of
share the others in proportion to the interest of each
Every co-owner has absolute ownership of his [NCC 1452]
undivided interest in the co-owned property and is
free to alienate, assign or mortgage his interest (3) Easement of Party Wall: co-ownership of part-
except as to purely personal rights. While a co- owners of a party wall (NCC 658)
owner has the right to freely sell and dispose of his
undivided interest, nevertheless, as a co-owner, he (4) Condominium Law: co-ownership of the common
cannot alienate the shares of his other co-owners areas by holders of units
nemo dat qui non habet. [Acabal v. Acabal] Sec. 6, RA 4726. The Condominium Act. Unless
otherwise expressly provided in the enabling or
Mutual respect among co-owners with regard to use, master deed or the declaration of restrictions, the
enjoyment, and preservation of the things as a whole incidents of a condominium grant are as follows:
(1) The property or thing held pro-indiviso is (a) Unless otherwise, provided, the common
impressed with a fiduciary character: each co- areas are held in common by the holders of
owner becomes a trustee for the benefit of his co- units, in equal shares, one for each unit.
owners and he may not do any act prejudicial to
the interest of his co-owners. CONTRACTS
(2) Until a judicial division is made, the respective By Agreement of Two or More Persons
part of each holder cannot be determined. The Article 494, Civil Code. No co-owner shall be obliged
effects of this would be: to remain in the co-ownership. Each co-owner may
(a) Each co-owner exercises, together with the demand at any time the partition of the thing owned
others, joint ownership over the pro indiviso in common, insofar as his share is concerned.
property, in addition to his use and enjoyment
of the same Nevertheless, an agreement to keep the thing
(b) Each co-owner may enjoy the whole property undivided for a certain period of time, not exceeding
and use it. ten years, shall be valid. This term may be extended
by a new agreement.
Only limitation: a co-owner cannot use or enjoy
the property in a manner that shall injure the A donor or testator may prohibit partition for a
interest of his other co-owners. [Pardell v. period which shall not exceed twenty years.
Bartolome]
Neither shall there be any partition when it is
SOURCES OF CO-OWNERSHIP prohibited by law.
Law, contract, succession, testamentary disposition
or donation inter vivos, fortuitous event or chance, No prescription shall run in favor of a co-owner or co-
and by occupancy heir against his co-owners or co-heirs so long as he
expressly or impliedly recognizes the co-ownership.
LAW
(1) Cohabitation: co-ownership between common (1) Two or more persons may agree to create a co-
law spouses ownership
(2) Note: there is a 10-year term limit for ownership
The Family Code, in the following provisions, by agreement; BUT: Term may be extended by a
made the rules on co-ownership apply new agreement
(a) Article 147: between a man and a woman
capacitated to marry each other
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By the creation of a Universal Partnership when the discovery is made on the property of
Of all present property another, or of the State or any of its subdivisions,
NCC 1778. A partnership of all present property is and by chance, one-half shall be allowed to the
that in which the partners contribute all the property finder.
which actually belongs to them to a common fund,
with the intention of dividing the same among BY OCCUPANCY
themselves, as well as all the profits which they may Harvesting and Fishing: co-ownership by two or more
acquire therewith. persons who have seized a res nullius thing
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(c) May be contradicted and rebutted by evidence does not become effective unless ratified
to prove that the person who is in by the person in whose name it is
possession does not in fact exercise power or exercised.
control and does not intend to do so.
Possession in the Concept of an Owner, and
DEGREES OF POSSESSION Possession in the Concept of a Holder with the
(1) Mere holding or possession without title and in Ownership Belonging to Another [NCC 525]
violation of the right of the owner (1) Possession in Concept of Holder:
(a) e.g. possession of a thief or usurper of land (a) One who possesses as a mere holder, not in
(b) Here, both the possessor and the public know the concept of owner, acknowledges in
that the possession is wrongful. another a superior right which he believes to
be ownership, whether his belief be right or
(2) Possession with juridical title but not that of wrong.
ownership (b) e.g. tenant, usufructuary, borrower in
(a) e.g. possession of a tenant, depository agent, commodatum.
bailee trustee, lessee, antichretic creditor.
(b) This possession is peaceably acquired. (2) Possession in Concept of Owner:
(c) This degree of possession will never ripen into (a) May be exercised by the owner himself or
full ownership as long as there is no one who claims to be so.
repudiation of concept under which property is (b) When a person claims to be the owner of a
held. thing, whether he believes so or not, acting as
an owner, and performing acts of ownership,
(3) Possession with just title or title sufficient to and he is or may be considered as the owner
transfer ownership, but not from the true owner by those who witness his exercise of
(a) e.g. possession of a vendee from a vendor who proprietary rights, then he is in the possession
pretends to be the owner. of an owner. This is the kind of possession
(b) This degree of possession ripens into full that ripens into ownership under Article 540,
ownership by lapse of time. when such possession is public, peaceful and
uninterrupted [see Art. 1118].
(4) Possession with a just title from the true owner
This is possession that springs from ownership. Effects of Possession in Concept of an Owner
(1) Converted into ownership by the lapse of time
CASES OF POSSESSION necessary for prescription
Possession for Oneself, or Possession Exercised in (2) Possessor can bring all actions necessary to
Ones Own Name and Possession in the Name of protect his possession, availing himself of any
Another [NCC 524] action which an owner can bring, except
(1) In ones own name the fact of possession and accion reivindicatoria which is substituted by
the right to such possession is found in the same accion publiciana.
person. (3) He can ask for the inscription of possession in
(2) In the name of another the one in actual the registry of property
possession is without any right of his own, but is (4) Upon recovering possession from one who
merely an instrument of another in the exercise of has unlawfully deprived him of it, he can
the latters possession. demand fruits and damages
(5) He can do on the thing possessed everything
Kinds of possession in the name of another that the law authorizes an owner to do; he
(a) Necessary arises by operation of law can exercise the right of pre-emption and is
e.g. representatives who exercise possession entitled to the indemnity in case of
in behalf of a conceived child, juridical appropriation.
persons, persons not sui juris and the conjugal
partnership Possession in Good Faith and Possession in Bad Faith
[NCC 526]
(b) Voluntary effected through the mutual (1) Possessor in good faith one who is unaware that
consent of the parties there exists a flaw which invalidates his
(i) e.g. agents or administrators appointed acquisition
by the owner or possessor. (a) Good faith consists in the possessors belief
(ii) Third person may also voluntary exercise that the person from whom he received a
possession in the name of another, but it
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BY WHOM MAY POSSESSION BE ACQUIRED [NCC 532] cannot read and write, spendthrifts and those
(1) By the same person under civil interdiction)
(2) By his legal representative (2) Object of possession things only, not rights.
(3) By his agent (3) Method of acquisition material occupation;
(4) By any person without any power whatsoever but acquisition by means for which the incapacitated
subject to ratification, without prejudice to person has the capacity, such as acquisition by
proper case of negotiorum gestio [Arts. 2144, 2149, succession, testate or intestate, or by donations
2150] propter nuptias, pure and simple donations
(5) Qualifiedly, minors and incapacitated persons
WHAT DO NOT AFFECT POSSESSION (NCC 537)
By the same person (1) Acts merely tolerated
Elements of personal acquisition: (a) Those which because of neighborliness or
(1) Must have the capacity to acquire possession familiarity, the owner of property allows
(2) Must have the intent to possess another person to do on the property;
(3) The possibility to acquire possession must be (b) Those services or benefits which ones
present. property can give to another without material
injury or prejudice to the owner, who permits
By his legal representative them out of friendship or courtesy
Requisites of acquisition through another: (c) Acts of little disturbances which a person, in
(1) That the representative or agent has the intention the interest of neighborliness or friendly
to acquire the thing or exercise the right for relations permits others to do on his property,
another, and not for himself although continued for a long time, no right
(2) That the person for whom the thing has been will be acquired by prescription
acquired or the right exercised, has the intention
of possessing such thing or exercising such right Note: Permissive use merely tolerated by the
possessor cannot affect possession and cannot
Note: be the basis of acquisitive prescription.
(a) Bad faith is personal and intransmissible. Its Possession to constitute the foundation of
effects must be suffered only by the person who prescriptive right must be possession under claim
acted in bad faith; his heir should not be saddled of title; it must be adverse. [Cuaycong v.
with the consequences Benedicto]
(b) Good faith can only benefit the person who has it;
and the good faith of the heir cannot erase the (2) Acts executed clandestinely and without the
effects of bad faith of his predecessor. knowledge of the possessor [NCC 1108]
Possession has to be in the concept of an owner,
By any person without any power whatsoever but public, peaceful and uninterrupted. (UPPO)
subject to ratification, without prejudice to proper
case of negotiorum gestio [NCC 2144, 2149, 2150] (3) Acts of violence as long as the possessor objects
(1) Whoever voluntarily takes charge of the agency thereto (i.e. he files a case) [NCC 536]
or management of the business or property of (a) Possession cannot be acquired through force
another, without any power from the latter, is or intimidation.
obliged to continue until the termination of the
affair and its incidents, or to require the person Includes forcibly taking away the property
concerned to substitute him, if the owner is in a from another and also when one occupied the
position to do so. property in the property in the absence of
(2) This juridical relation does not arise in either of another, and repels the latter upon his return
these instances:
(a) When the property or business is not (b) Effect on Possession: Acts mentioned do not
neglected or abandoned; constitute true possession. They do not
(b) If in fact the manager has been tacitly interrupt the period of prescription nor affect
authorized by the owner. the rights to the fruits.
Qualifiedly, minors and incapacitated persons [NCC RULES TO SOLVE CONFLICTS OF POSSESSION (NCC 538)
535] General Rule: Possession cannot be recognized in two
(1) Incapacitated all those who do not have the different personalities, except in cases of co-
capacity to act (insane, lunatic, deaf-mutes who possession by co-possessors without conflict of
claims of interest.
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(2) Natural and industrial fruits are considered When fruits are insufficient
received from the time they are gathered or There should only be reimbursement of expenses;
severed but each possessor should suffer a proportionate
(3) Civil fruits are deemed to accrue daily and belong reduction due to the insufficiency of the harvest.
to the possessor in good faith in that proportion
REIMBURSEMENT FOR EXPENSESPOSSESSOR IN GOOD
Provision is based on the following reasons of equity FAITH/BAD FAITH (NCC 546-552)
(1) The fruits received are generally used for the Necessary Expenses
consumption and livelihood of the possessor, and (1) Imposed by the thing itself and have no relation
his life and expenses may have been regulated in to the desire or purpose of the possessor
view of such fruits (2) They are the cost of living for the thing and
(2) The owner has been negligent in not discovering must be reimbursed to the one who paid them,
or contesting the possession of the possessor; it irrespective of GF or BF.
would be unjust after the possessor has been (a) Only the possessor in GF may retain the thing
thus allowed to rely on the efficacy of the title, to until he has been reimbursed therefor
require him to return the fruits he has received on (3) Those imposed for the preservation of the thing.
the basis of that title. They are not considered improvements; they do
(3) Between the owner, who has abandoned his not increase the value of the thing, but merely
property and left it unproductive, and the prevent them from becoming useless.
possessor, who has contributed to the social
wealth, by the fruits he has produced, the law Useful Expenses
leans toward the latter (1) Incurred to give greater utility or productivity to
the thing
Right of the possessor in good faith (2) e.g. Wall surrounding an estate, an irrigation
Only limited to the fruits of the thing. He must restore system, planting in an uncultivated land, a
the fruits received from the time such good faith fishpond, an elevator in the building, electric
ceased. He has no rights to the objects which do not lighting system
constitute fruits. (3) They are reimbursed only to the possessor in GF
as a compensation or reward for him. Possessor
Legal interruption of possession in good faith in BF cannot recover such expenses
Takes place when an action is filed against him (4) If the useful improvements can be removed
from the time he learns of the complaint, from the without damage to the principal thing, the
time he is summoned to the trial. possessor in good faith may remove them, unless
the person who recovers the possession refunds
When good faith ceases (NCC 545) the expenses or pays the increase in value which
(1) If at the time the good faith ceases, there should the thing may have acquired by reason thereof
be any natural or industrial fruits, the possessor
shall have a right to a part of the expenses of Expenses for Luxury
cultivation, and to a part of the net harvest, both (1) They do not affect the existence or the substance
in proportion to the time of the possession. of the thing itself, but only the comfort,
(2) The charges divided on the same basis by the two convenience or enjoyment of the possessor.
possessors. (2) They are not the subject of reimbursement,
(a) Charges Those which are incurred, not on because the law does not compensate personal
the thing itself but because of it (e.g. taxes, whims or caprices.
contributions in favor of the government) (3) e.g. Opening of a garden, placing fountains and
(3) The owner of the thing may give the possessor in statues in it, adorning the ceilings with paintings,
good faith the right to finish the cultivation and and the walls with reliefs
gathering of the growing fruits, as an indemnity
for his part of the expenses of cultivation and the Useful Expenses Expenses for Luxury
net proceeds.
(a) The possessor in good faith who refuses to Those which increased
Those which merely
accept this concession shall lose the right to the income derived from
embellished the thing
be indemnified in any other manner. the thing
Result: Increase in the Result: Benefit or
products, either advantage is only for the
absolutely, or because of convenience of definite
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LOSS OR UNLAWFUL DEPRIVATION OF A The finder and the owner shall be obliged, as the
MOVABLE case may be, to reimburse the expenses.
POSSESSION OF MOVABLE ACQUIRED IN GOOD FAITH (IN (6) If the owner should appear in time, he shall be
CONCEPT OF OWNER) IS EQUIVALENT TO TITLE (NCC 559) obliged to pay, as a reward to the finder, one-
(1) Possessor has actual title which is defeasible only tenth of the sum or of the price of the thing found
by true owner. DISTINGUISHED FROM VOIDABLE TITLE (NCC 1506)
(1) Seller of goods with voidable title not avoided at
Requisites of Title the time of the sale: buyer acquires a good title to
(a) Possession in GF the goods, provided he buys them in good faith,
(b) The owner has voluntarily parted with the for value, and without notice of the seller's defect
possession of the thing of title
(c) The possession is in the concept of an owner (2) A movable lost or which the owner has been
unlawfully deprived acquired by a possessor in
(2) Nevertheless, one who has lost any movable or good faith at a public sale - the owner can always
has been unlawfully deprived thereof may recover recover the movable provided he reimburses the
it from the person in possession price paid.
(3) If the current possessor has acquired it in good General Rule: Presumption of just title and cannot be
faith at a public sale, owner must reimburse the obliged to show or prove it (NCC 541)
price paid (1) Basis: Possession is presumed ownership, unless
the contrary is proved. This presumption is prima
PERIOD TO RECOVER (NCC 1140, 1132, 1133) facie and it prevails until contrary is proved.
(1) Actions to recover movables prescribe 8 years (2) Just title that which is legally sufficient to
from the time the possession thereof is lost, transfer the ownership or the real right to which it
unless the possessor has acquired the ownership relates
by prescription for a lesser period (3) For the purposes of prescription, there is just title
(2) Ownership of movables prescribes through when the adverse claimant came into possession
uninterrupted possession for 4 years in good of the property through one of the modes
faith. recognized by law for the acquisition of
(3) Ownership of personal property also prescribes ownership or other real rights, but the grantor
through uninterrupted possession for 8 years, was not the owner or could not transmit any
without need of any other condition. right. (NCC 1129)
(4) Movables possessed through a crime can never
be acquired through prescription Exception: For the purposes of prescription, just title
must be proved; it is never presumed (NCC 1131)
FINDER OF LOST MOVABLE (NCC 719-720) (1) Possessor may bring all actions necessary to
(1) Whoever finds a movable, which is not a treasure, protect his possession except reivindicatoria
must return it to its previous possessor. (2) May employ self-help under Art. 429
(2) If the previous possessor is unknown, the finder (3) Possessor may ask for inscription of such real
shall immediately deposit it with the mayor of the right of possession in the registry of property
city or municipality where the finding has taken (4) Has right to the fruits and reimbursement of
place. expenses (assuming he is possessor in good faith)
(3) The finding shall be publicly announced by the (5) Upon recovery of possession which he was
mayor for two consecutive weeks in the way he unlawfully deprived of, may demand fruits and
deems best. damages
(4) If the movable cannot be kept without (6) Generally, he can do on the things possessed
deterioration, or without expenses which everything that the law authorizes the owner to
considerably diminish its value, it shall be sold at do until he is ousted by one who has a better
public auction eight days after the publication. right.
(5) Six months from the publication having elapsed (7) Possession in good faith and possession in bad
without the owner having appeared, the thing faith (Art. 528)
found, or its value, shall be awarded to the finder.
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(i) If the usufructuary is authorized to the return of the value or of the things of the
alienate the thing in case of necessity, it same quantity and quality (as if converted
is the usufructuary who determines the into a simple loan)
question of necessity.
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RIGHTS AND OBLIGATIONS OF USUFRUCTUARY ungathered for no fault imputable to him, but
because of malice or an act imputable to the naked
rd
RIGHTS owner or a 3 person, or even due to force majeure
As to Thing and Its Fruits or fortuitous event.
Right to enjoy the property to the same extent as the
owner, but only with respect to its use and the receipt of Right to civil fruits
its fruits. (1) Civil fruits deemed to accrue daily, and belong
(1) Usufructuary cannot extract products which do to the usufructuary in proportion to the time the
not constitute fruits because he is bound to usufruct may last.
preserve the form and substance of the thing. (2) Whenever a usufruct is constituted on the right to
(2) Usufructuary rights may be transferred, assigned receive a rent or periodical pension, whether in
or otherwise disposed of by the usufructuary. money or in fruits, or in the interest on bonds or
(3) Not exempt from execution and can be sold at securities payable to bearer, each payment due
public auction. shall be considered as the proceeds or fruits of
such right
As to hidden treasure, usufructuary is considered a (3) Whenever it consists in the enjoyment of benefits
stranger without a right to a share, unless he is also the accruing from a participation in any industrial or
finder of the treasure commercial enterprise, the date of the
(1) With respect to hidden treasure which may be distribution of which is not fixed, such benefits
found on the land or tenement, he shall be shall have the same character
considered a stranger (a) In either case they shall be distributed as civil
(2) Hidden treasure belongs to the owner of the fruits
land, building, or other property on which it is
found. Right to enjoy any increase through accessions and
(3) Nevertheless, when the discovery is made on the servitudes, including products of hunting and fishing
property of another, or of the State or any of its
subdivisions, and by chance, one-half thereof Right to lease the thing
shall be allowed to the finder. General rule: The usufructuary may lease the thing to
another but this shall terminate upon the expiration
Right to fruits pending at the beginning of usufruct of the usufruct, saving leases of rural lands, which
Fruits pending at the Fruits pending at the shall be considered as subsisting during the
beginning of the usufruct beginning of the usufruct agricultural year
Belong to the Belong to the naked Exceptions:
usufructuary owner (1) Legal usufructs cannot be leased.
(2) Caucion juratoria (lease would show that the
Without need to The owner shall usufructuary does not need the property badly)
reimburse the expenses to reimburse to the
the owners usufructuary ordinary Effect of the transfer of right:
cultivation expenses (1) The transfer or lease of the usufruct does NOT
from the proceeds of the terminate the relation of the usufructuary with
fruits (not to exceed the the owner
value of the fruits) (2) Death of the transferee does not terminate the
Without prejudice to the Rights of innocent 3
rd usufruct but it terminates upon the death of the
rd
right of 3 persons e.g. if parties should not be usufructuary who made the transfer.
the fruits had been prejudiced.
planted by a possessor in Rules as to Lease
good faith, the pending (1) The property in usufruct may be leased even
crop expenses and without the consent of the owner.
charges shall be prorated (2) The lease should be for the same period as the
between said possessor usufruct.
and the usufructuary (a) EXCEPT: leases of rural lands continues for
the remainder of the agricultural year
(b) A lease executed by the usufructuary before
Fruits already matured at the time of the termination the termination of the usufruct and subsisting
of the usufruct, which ordinarily would have already after the termination of the usufruct must be
been gathered by the usufructuary, may remain
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respected, but the rents for the remaining usufruct, he has the right to do so, and the owner
period will belong to the owner. cannot prevent him from doing so even upon
(c) If the usufructuary has leased the lands or payment of their value.
tenements given in usufruct, and the usufruct (3) This right does not involve an obligation if the
should expire before the termination of the usufructuary does not wish to exercise it, he
lease, he or his heirs and successors shall cannot be compelled by the owner to remove the
receive only the proportionate share of the improvements.
rent that must be paid by the lessee. (Art. 568, (4) This right to remove improvements can be
Civil Code) enforced only against the owner, not against a
(3) It is the usufructuary and not the naked owner purchaser in good faith to whom a clean title has
who has the right to choose the tenant. been issued.
(a) As corollary to the right of the usufructuary to (5) Usufructuary may set off the improvements
all the rent, to choose the tenant, and to fix against any damage to the property
the amount of the rent, she necessarily has (a) The improvements should have increased the
the right to choose herself as the tenant value of the property, and that the damages
thereof; and, as long as the obligations she are imputable to the usufructuary.
had assumed towards the owner are fulfilled. (b) Increase in value and the amount of damages
(Fabie v. Gutierrez David) are set off against each other.
(4) A lease executed by the owner before the (c) If the damages exceed the increase in value,
creation of the usufruct is not extinguished by the difference should be paid by the
such usufruct. usufructuary as indemnity.
(d) If the increase in value exceeds the damages,
Limitations on the Right to Lease the Property and the improvements are of such nature that
(1) Usufructuary cannot alienate a thing in usufruct they can be removed without injury to the
(a) Cannot alienate or dispose of the objects thing in usufruct, the settlement of the
included in the usufruct difference must be agreed upon by the
(b) Cannot renounce a servitude parties.
(c) Cannot mortgage or pledge a thing (e) If the improvements cannot be removed
(d) EXCEPT: without injury, the excess in value accrues to
(i) When the right of usufruct is converted the owner.
into the right of ownership (6) Registration of improvements to protect
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(ii) When the things are consumable (574); usufructuary against 3 persons
(iii) When the things by their nature are
intended for sale, such as the As to the Legal Right of Usufruct Itself
merchandise in a commercial Right to mortgage right of usufruct
establishment; and (1) The usufructuary may alienate his right of
(iv) When the things, whatever their nature, usufruct, even by a gratuitous title; but all the
are delivered under appraisal as contracts he may enter into as such usufructuary
equivalent to their sale shall terminate upon the expiration of the
(2) Future crops may be sold but such sale would be usufruct [Art. 572]
void if not ratified by the owner. (2) Does not include parental usufruct because of
(a) The buyers remedy is to recover from the personal and family considerations.
usufructuary.
(3) Only voluntary usufruct can be alienated. Right to alienate the usufruct except in purely personal
(4) The usufructuary-lessor is liable for the act of the usufructs or when title constituting it prohibits the
substitute. same
(a) A usufructuary who alienates or leases his Parental usufruct is inalienable
right of usufruct shall answer for any damage
which the things in usufruct may suffer OBLIGATIONS
through the fault or negligence of the person At the Beginning of Usufruct or Before Exercising the
who substitutes him. (Art. 590, Civil Code) Usufruct
(1) To make, after notice to the owner or his
Right to improve the thing, but improvement inures legitimate representative, an inventory of all the
to the benefit of the naked owner property, which shall contain an appraisal of the
(1) Usufructuary is not entitled to reimbursement. movables and a description of the condition of
(2) Whenever the usufructuary can remove the the immovables;
improvements without injury to the property in
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(2) To give security, binding himself to fulfill the (iv) Sworn promise
obligations imposed upon him in accordance with (c) A usufructuary under this can neither alienate
this Chapter. his right nor lease the property, for that would
mean that he does not need the dwelling or
Note: These requirements are NOT conditions the implements and furniture.
precedent to the commencement of the right of the
usufructuary but merely to the entry upon the (4) Effect of filing a bond
possession and enjoyment of the property. (a) Retroactivity: upon giving the security, the
usufructuary will be entitled to all the benefits
To Make An Inventory: accruing since the time when he should have
(1) Requisites begun to receive them.
(a) Immovables must be described (5) Effect of failure to give bond (NCC 586)
(b) Movables must be appraised because they are (a) The owner may demand that the immovables
easily lost or deteriorated. be placed under administration;
(2) Concurrence of the owner in the making of the (i) That the movables be sold;
inventory (ii) That the public bonds, instruments of
(3) Expenses for the making of the inventory are credit payable to order or to bearer be
borne by the usufructuary converted into registered certificates or
(4) Inventory may be in a private document, except deposited in a bank or public institution;
when immovables are involved (a public (iii) That the capital or sums in cash and the
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instrument is prescribed to affect 3 persons) proceeds of the sale of the movable
(5) Failure to make an inventory does not affect the property be invested in safe securities.
rights of the usufructuary to enjoy the property (b) Owner may, until the usufructuary gives
and its fruits. security, retain in his possession the property
(a) A prima facie presumption arises that the in usufruct as administrator, subject to the
property was received by the usufructuary in obligation to deliver to the usufructuary the
good condition net proceeds, after deducting the sums which
(b) Even if he is already in possession, he may still may be agreed upon or judicially allowed him
be required to make an inventory. for such administration.
(6) Exception to the requirement of inventory
(a) When no one will be injured , the usufructuary During the Usufruct
may be excused from this obligation (1) To take care of the thing like a good father of a
family
To give a bond for the faithful performance of duties as (2) To undertake ordinary repairs
usufructuary: (3) To notify owner of need to undertake
(1) Any kind of sufficient security is allowed, e.g. extraordinary repairs
cash, personal bond, mortgage (4) To pay for annual charges and taxes on the fruits
(2) No bond is required in the following (5) To notify owner of any act detrimental to
(a) No prejudice would result (Art. 585) ownership
(b) Usufruct is reserved by a donor (Art. 584) (6) To shoulder the costs of litigation re usufruct
(i) Gratitude on the donees part demands (7) To answer for fault or negligence of alienee,
that the donor be excused from filing the lessee or agent of usufructuary
bond
(c) Title constituting usufruct excused To take care of the thing like a good father of a family
usufructuary (1) When damages are caused to the property by the
(3) If usufructuary takes possession under a caucion fault or negligence of the usufructuary, the naked
juratoria (Art. 587) owner need not wait for the termination of the
(a) The security given may be by a personal bond, usufruct before bringing the action to recover
a pledge, or a mortgage. proper indemnity.
(b) It is only by way of exception that a caucion (2) The bad use of a thing, which causes
juratoria is allowed, and only under the considerable injury, entitles the owner to demand
special circumstances: the delivery and administration of the thing.
(i) Proper court petition (3) The exercise of this remedy does NOT extinguish
(ii) Necessity for delivery of furniture, the usufruct.
implements or house included in the
usufruct
(iii) Approval of the court
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To undertake ordinary repairs (b) The usufructuary who has made the
The usufructuary is obliged to make the ordinary extraordinary repairs necessary for
repairs needed by the thing given in usufruct (NCC preservation is entitled to recover from the
592) owner the increase in value which the
(1) Ordinary repairs: tenement acquired by reason of such works.
(a) Such as are required by the wear and tear due (c) Usufructuary may retain until he is paid.
to the natural use of the thing and are
indispensable for its preservation. To pay for annual charges and taxes on the fruits
(b) Deteriorations or defects arise from the It is well settled that a real tax, being a burden upon
natural use of the thing; the capital, should be paid by the owner of the land
(c) Repairs are necessary for the preservation of and not by a usufructuary. There is no merit in the
the thing. contention of distinguishing public lands into
alienable and indisposable. All properties owned by
(2) The usufructuary is bound to pay only for the the government, without any distinction, are exempt
repairs made during the existence of the usufruct. from taxation. (Board of Assessment Appeals of
(a) If the defects existed already at the time the Zamboanga del Sur v. Samar Mining Company, Inc.)
usufruct began, the obligation to defray the
ordinary repairs falls upon the owner. To notify owner of any act detrimental to ownership
(NCC 601)
(3) If the defects are caused by the ordinary use of
the thing, the usufructuary may exempt himself To shoulder the costs of litigation re usufruct (NCC 602)
from making the repairs by returning to the
owner the fruits received during the time that the To answer for fault or negligence of alienee, lessee or
defects took place. agent of usufructuary (NCC 590)
The usufructuary is made liable for the acts of the
Except: When the ordinary repairs are due to substitute. While the substitute answers to the
defects caused by the fault of the usufructuary usufructuary, the usufructuary answers to the naked
owner.
(4) If the usufructuary fails to make the repairs even
after demand, the owner may make them at the At the Time of the Termination of the Usufruct
expense of the usufructuary To deliver the thing in usufruct to the owner in the
condition in which he has received it, after
To notify owner of need to undertake extraordinary undertaking ordinary repairs
repairs
(1) Extraordinary repairs Exception: abnormal usufruct return the thing of
(a) Those caused by exceptional circumstances, same kind, quantity and quality; if with appraised
whether or not they are necessary for the value, must return value appraised
preservation of the thing;
(b) Those caused by the natural use of the thing, SPECIAL CASES OF USUFRUCT
but are not necessary for its preservation. USUFRUCT OVER A PENSION OR PERIODICAL INCOME (NCC
570)
(2) General Rule: Naked owner must make the (1) Each payment due shall be considered as the
extraordinary repairs proceeds or fruits of such right
(a) Usufructuary obliged to pay legal interest on (2) Shall be distributed as civil fruits
the amount while usufruct lasts
USUFRUCT OF PROPERTY OWNED IN COMMON (NCC 582)
(3) If the extraordinary repairs are indispensable, and (1) The usufructuary takes the place of the owner as
the naked owner fails to undertake them, the to:
usufructuary may make such repairs (a) Management;
(a) Requisites: (b) Fruits; and
(i) There must be due notification to the (c) Interest
naked owner of the urgency if it is not (2) Effect of partition:
urgent, there is no obligation to give (a) The right of the usufructuary is not affected by
notice. the division of the property in usufruct among
(ii) The naked owner failed to make them the co-owners.
(iii) The repair is needed for preservation (b) After partition, the usufruct is transferred to
the part allotted to the co-owner
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title in order that the easement may continue established thereon without the consent of both
actively and passively. owners. (NCC 690)
(4) Consent of all co-owners is required to impose an
Unless: at the time the ownership of the two easement on an undivided tenement (NCC 691)
estates is divided, the contrary should be
provided in the title of conveyance of either of RIGHTS AND OBLIGATIONS OF OWNERS OF
them, or the sign aforesaid should be removed DOMINANT AND SERVIENT ESTATES
before the execution of the deed. This provision RIGHT OF DOMINANT ESTATE OWNER
shall also apply in case of the division of a thing (1) To use the easement and exercise all rights
owned in common by two or more persons. (NCC necessary for it (NCC 625, 626)
624) (a) Owner of the dominant estate is granted the
right to use the principal easement, and all
BY LAW (LEGAL EASEMENTS) accessory servitudes
(1) Easements imposed by law have for their object (b) Example: Easement of drawing water carries
either public use or the interest of private persons with it the easement of right of way to the
(NCC 634) place where water is drawn.
(2) These easements may be modified by agreement (c) Limitation: Only for the original immovable
of the interested parties, whenever the law does and the original purpose
not prohibit it or no injury is suffered by a third (2) To do at his expense, all necessary works for the
person (NCC 636) use and preservation of the easement (NCC 627)
Necessity of the works determine extent of such
BY WILL OF THE OWNERS (VOLUNTARY EASEMENTS) works.
Every owner of a tenement or piece of land may (3) In a right of way, to ask for change in width of
establish the easements which he may deem easement sufficient for needs (NCC 651)
suitable and best (NCC 688)
Encarnacion v. Court of Appeals: The Court
BY PRESCRIPTION granted the modification of the easement stating
Continuous and apparent easements may be that under the law, the needs of the dominant
acquired by prescription of 10 years (NCC 620) property ultimately determine the width of the
passage. And these needs may vary from time to
LEGAL EASEMENTS time.
LAW GOVERNING LEGAL EASEMENTS
For public easements OBLIGATIONS OF DOMINANT ESTATE OWNER
(1) Special laws and regulations relating thereto (ex: (1) To use the easement for the benefit of immovable
PD 1067 and PD 705) and in the manner originally established (NCC
(2) By the provisions of Chapter 2, Title VII, Book II, 626)
NCC If established for a particular purpose, the
easement cannot be used for a different one.
For private legal easements However, if established in a general way, without
(1) By agreement of the interested parties whenever specific purpose, the easement can be used for
the law does not prohibit it and no injury is all the needs of the dominant estate.
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suffered by a 3 person (2) To notify owner of servient before making repairs
(2) By the provisions of Chapter 2, title VII, Book II and to make repairs in a manner least
inconvenient to servient estate [NCC 627(2)]
VOLUNTARY EASEMENTS
(1) Every owner of a tenement or piece of land may (3) Not to alter easement or render it more
establish thereon the easements which he may burdensome
deem suitable, and in the manner and form (a) Owner of dominant estate may make repairs
which he may deem best (NCC 688) at his expense, but cannot alter the easement
(2) The owner of a thing, the usufruct of which or make it more burdensome. (NCC 627)
belongs to another, may impose, without the (b) Court allowed Central to use the right of way
consent of the usufructuary, any servitudes which to transport the additional sugar. This did not
will not injure the right of usufruct (NCC 689) make the easement more burdensome nor
(3) Whenever the naked ownership belongs to one did it alter it. What is prohibited is extending
person and the beneficial ownership to another, the road or repairing it or depositing
no perpetual voluntary easement may be excavations outside the area. But the
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establish the easement of abutment of a dam, after easement to such owners and to the other
payment of the proper indemnity. irrigators.
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enjoyment of wall, fence, enclosures or hedges, by When existence of exterior sign is presumed (NCC
the owners of adjacent buildings and estates 660)
separated by such objects (1) Whenever in the dividing wall of buildings there is
a window or opening
Nature (2) Whenever the dividing wall is, on one side,
(1) A common wall which separates two estates, straight and plumb on all its facement, and on
built by common agreement at the dividing line the other, it has similar conditions on the upper
such that it occupies a portion of both estates on part, but the lower part slants or projects
equal parts outward
(2) A party wall is a co-ownership (a kind of (3) Whenever the entire wall is built within the
compulsory co-ownership) boundaries of one of the estates
(a) Each owner owns part of the wall but it (4) Whenever the dividing wall bears the burden of
cannot be separated from the other portions the binding beams, floors and roof frame of one
belonging to the others. A party wall has a of the buildings, but not those of the others
special characteristic that makes it more of an (5) Whenever the dividing wall between courtyards,
easement as it is called by law gardens, and tenements is constructed in such a
(b) An owner may use a party wall to the extent way that the coping sheds the water upon only
of the portion on his property. one of the estates
(6) Whenever the dividing wall, being built of
Co-Ownership Party Wall masonry, has stepping stones, which at certain
intervals project from the surface on one side
Before division of shares, Shares of the co-owners only, but not on the other
a co-owner cannot point cannot be physically (7) Whenever lands enclosed by fences or live
to any definite portion of segregated but they can hedges adjoin others which are not enclosed
the property as belonging be physically identified
to him Note: The deposit of earth or debris on one side
alone is an exterior sign that the owner of that
None of the co-owners No such limitation
side is the owner of the ditch or drain. The
may use the community
presumption is an addition to those enumerated
property
in NCC 660.
for his exclusive benefit
because he would be
invading the rights of the
Demolition of building supported by party wall
others
(1) An owner may also renounce his part ownership
In a co-ownership, partial Any owner may free of a party wall if he desires to demolish his
renunciation himself from contributing building supported by the wall.
is allowed to the cost of repairs and (2) He shall bear all the expenses of repairs and work
construction of a party necessary to prevent any damage which the
wall by renouncing all his demolition may cause to the party wall.
rights thereto
Increasing height of party wall
When existence of easement of party wall presumed An owner is given the right to increase the height of a
(1) In dividing walls of adjoining buildings up to the party wall subject to the following conditions:
point of common elevation (1) He must do so at his own expense;
(2) In dividing walls of gardens or yards situated in (2) He must pay for any damage which may be
cities, or towns, or in rural communities caused thereby even if the damage is temporary;
(3) In fences, walls and live hedges dividing rural (3) He must bear the cost of maintaining the portion
lands added;
(4) He must pay the increased cost of preservation of
Note: may be rebutted by a title or exterior sign, the wall
or any other proof showing that the entire wall in
controversy belongs exclusively to one of the Proportional use of party wall
adjoining property-owners The part owners share in the expenses of
maintaining a party wall in proportion to the interest
of each
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LIGHT AND VIEW (ii) The outer line of the openings if they
Definition project
(1) Easement of light (jus luminum) is the right to (iii) The dividing line between the two
admit light from the neighboring estate by virtue properties in cases of oblique view
of the opening of a window or the making of (d) If distances are not complied with:
certain openings (i) Windows are considered unlawful
(2) Easement of view (jus prospectus) is the right to openings
make openings or windows, to enjoy the view (ii) Owner may be ordered by the Court to
through the estate of another and the power to close them
prevent all constructions or works which would (iii) Even if the adjoining owner does not
obstruct such view or make the same difficult. object to the construction of such
(a) Necessarily includes the easement of light structures at first, he cannot be held to
(b) It is possible to have light only without view be in estoppel, except if 10-year period of
acquisitive prescription has passed.
Nature (iv) Does not give rise to prescription
(1) Positive: Opening a window through a party wall (v) Mere opening of the window in violation
When a part owner of a party wall opens a of the distances does not give rise to the
window therein, such act implies the exercise of easement of light and view by
the right of ownership by the use of the entire prescription
thickness of the wall = invasion of the right of the (3) In buildings separated by a public way or alley,
other part owners / violation of the right to not less than 3 meters wide, the distances
proportional use of the party wall. required (2 m, 60 cm) do not apply
(4) If an easement is acquired to have direct views,
(2) Negative: Formal prohibition upon the owner of balconies or belvederes, the owner of the servient
the adjoining land or tenement estate must not build at less than 3 meters from
(a) When a person opens a window on his own the boundary line of the two tenements.
building, he does nothing more than (a) The distances may be stipulated by the
exercise an act of ownership on his property. parties, but should not be less than what is
(i) Does not establish an easement prescribed by the law (2 meters and 60 cm)
(b) Coexistent is the right of the owner of the
adjacent property to build on his own land, Exception to Easement Vs. Direct View
even if such structures cover the window (1) Owners of a wall (not a party wall) adjoining a
(c) If the adjacent owner does not build tenement of another can make openings to admit
structures to obstruct the window, such is light without complying with the distance
considered mere tolerance and NOT a requirements SO LONG AS:
waiver of the right to build. (a) Openings are made at the height of the
(d) An easement is created only when the ceiling joists (horizontal beams) or
owner opens up a window, prohibits or immediately under the ceiling
restrains the adjacent owner from doing (i) Size: 30 cm square
anything, which may tend to cut off or (ii) With iron grating imbedded in the wall
interrupt the light + prescriptive period (iii) With a wire screen
(2) But owner of the adjoining estate can close the
Easement against Direct view opening if:
(1) Acquired by the person who opens the window (a) He acquires part ownership of the party wall
(2) The following structures cannot be built without (b) He constructs a building or raises a wall on his
following the prescribed distances land, unless an easement of light has been
(a) Window, apertures, balconies and other acquired
projections with a direct view upon or towards (3) If requirements are not complied with, the owner
an adjoining land must have a distance of 2 of the adjoining estate may compel the closure of
METERS between the wall and the contiguous the opening.
property. (4) The action to compel the closing of the opening
(b) For structures with a side or oblique view (at may prescribe if the opening is permitted without
an angle from the boundary line), there protest.
should be a distance of 60 centimeters. (a) BUT prescription of the action to compel the
(c) Measured from: closure of the opening DOES NOT MEAN that
(i) The outer line of the wall if the openings the servitude of light and view has been
do not project acquired.
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(b) Period of acquisitive prescription will only (4) Obstructs or interferes with the free passage of
start to run from the time the owner asserting any public highway or street, or any body of
the servitude has forbidden the owner of the water; or
adjoining tenement from doing something he (5) Hinders or impairs the use of property.
could lawfully do.
(c) THUS, although the action to compel the LATERAL AND SUBJACENT SUPPORT
closure might have prescribed, the owner of (1) The proprietor is prohibited from making
the adjoining estate may still build on his own dangerous excavations.
land a structure which might obstruct the (a) No proprietor shall make such excavations
view. upon his land as to deprive any adjacent land
or building of sufficient lateral or subjacent
INTERMEDIATE DISTANCES (NCC 677) support.
NCC 677, in effect, establishes an easement in favor (2) Easement of lateral and subjacent support is
of the State. The general prohibition is dictated by deemed essential to the stability of buildings
the demands of national security. (3) Support is lateral when the supported and
supporting lands are divided by a vertical plane.
The following must comply with the regulations or (4) Support is subjacent when the supported land is
customs of the place: above and the supporting land is beneath it.
(1) Construction of aqueduct, well, sewer, etc. (678)
Constructions which by reason of their nature or MODES OF ACQUIRING EASEMENT
products are dangerous or noxious BY TITLE
Juridical act which gives rise to the servitude (e.g.
(2) Planting of trees (NCC 679) law, donations, contracts or wills)
(a) No trees shall be planted near a tenement or (1) If easement has been acquired but no proof of
piece of land belonging to another except at existence of easement available, and easement is
the distance authorized by the ordinances or one that cannot be acquired by prescription
customs of the place
(b) In the absence of regulations: The defect may be cured by:
(i) At least 2 meters from the dividing line (a) Deed of recognition by owner of servient estate:
of the estates if tall trees are planted By affidavit or a formal deed acknowledging
(ii) At least 50 centimeters if shrubs or the servitude
small trees are planted (b) By final judgment: Owner of the dominant
(c) In case of violation, a landowner shall have estate must file a case in Court to have the
the right to demand the uprooting of the easement declared by proving its existence
plant even if it has grown spontaneously. through other evidence
Branches, roots, and fruits: (2) Existence of an apparent sign considered as title
(1) If the branches of any tree should extend over a Illustration: The presence of 4 windows was
neighboring estate, tenement, garden or yard, considered an apparent sign which created a
the owner of the latter shall have the right to negative easement of light and view (altius non
demand that they be cut-off tollendi) i.e. not to build a structure that will
(2) If it be the roots of a neighboring tree which cover the windows. (Amor v. Florentino)
should penetrate into the land of another, the
latter may cut them off himself within his BY PRESCRIPTION
property Requisites
(3) Fruits naturally falling upon adjacent land belong (1) Easement must be continuous and apparent.
to the owner of said land. (2) Easement must have existed for 10 years.
(3) NO NEED for good faith or just title.
NUISANCE
A nuisance is any act, omission, establishment,
business, condition of property, or anything else EXTINGUISHMENT OF EASEMENTS
which: (1) By merger in the same person of the ownership of
(1) Injures or endangers the health or safety of the dominant and servient estates
others; or (2) By nonuser for ten years
(2) Annoys or offends the senses; or (3) When either or both of the estates fall into such
(3) Shocks, defies or disregards decency or morality; condition that the easement cannot be used
or
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(4) By the expiration of the term or the fulfillment of RENUNCIATION OF THE OWNER OF THE DOMINANT ESTATE
the condition, if the easement is temporary or Must be specific, clear, express (distinguished from
conditional non-user)
(5) By the renunciation of the owner of the dominant
estate; REDEMPTION AGREED UPON BETWEEN THE OWNERS
(6) By the redemption agreed upon between the
owners of the dominant and servient estates OTHER CAUSES NOT MENTIONED IN NCC 631
(1) Annulment and rescission of the title constituting
MERGER the voluntary easement
Must be absolute, perfect and definite, not merely (2) Termination of the right of grantor of the
temporary voluntary easement
(1) Absolute: Ownership of the property must be (3) Abandonment of the servient estate
absolute, thus not applicable to lease, usufruct, (a) Owner of the servient estate gives up
etc. ownership of the easement (e.g. the strip of
(2) Perfect: Merger must not be subject to a land where the right of way is constituted) in
condition favor of the dominant estate.
(3) If the merger is temporary, there is at most a (b) The easement is extinguished because
suspension of the easement, but no ownership is transferred to the dominant
extinguishment. owner, who now owns both properties.
(4) Eminent domain
BY NON-USER FOR 10 YEARS (a) The governments power to expropriate
(1) Owner of dominant estate does not exercise right property for public use, subject to the
over easement. payment of just compensation.
(2) Inaction, not outright renunciation. (5) Special cause for extinction of legal rights of way;
(3) Due to voluntary abstention by the dominant if right of way no longer necessary
owner, and not due to a fortuitous event (a) NCC 655
(4) Computation of the period (i) If the right of way granted to a
(a) Discontinuous easements: counted from the surrounded estate ceases to be
day they ceased to be used necessary because its owner has joined it
(b) Continuous easements: counted from the day to another abutting on a public road, the
an act adverse to the exercise of the easement owner of the servient estate may
took place demand that the easement be
(i) E.g. in an easement of light and view, extinguished, returning what he may
the erection of works obstructing the have received by way of indemnity. The
servitude would commence the period of interest on the indemnity shall be
prescription deemed to be in payment of rent for the
(5) Use by a co-owner of the dominant estate bars use of the easement.
prescription with respect to the others (ii) The same rule shall be applied in case a
(6) Servitudes not yet exercised cannot be new road is opened giving access to the
extinguished by non-user isolated estate.
(a) An easement must have first been used, (iii) In both cases, the public highway must
before it can be extinguished by inaction. substantially meet the needs of the
dominant estate in order that the
EXTINGUISHMENT BY IMPOSSIBILITY OF USE easement may be extinguished.
(1) Impossibility referred to must render the entire (b) Right of way ceases to be necessary:
easement unusable for all time. (i) Owner of the of the dominant estate has
(2) Impossibility of using the easement due to the joined to another abutting on a public
condition of the tenements (e.g. flooding) only road
suspends the servitude until it can be used again. (ii) A new road is opened giving access to
(3) Except: If the suspension exceeds 10 years, the the isolated estate
easement is deemed extinguished by non-user (c) Requisite: the public highway must
substantially meet the needs of the dominant
EXPIRATION OF THE TERM OR FULFILLMENT OF estate in order that the easement may be
RESOLUTORY CONDITION extinguished
Applicable only to voluntary easements (d) Owner of the servient estate may demand
that the easement be extinguished.
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(d) No right to compensation if property taken or allow thereafter a reasonable time to enable the
destroyed is a nuisance. other to abate the nuisance himself.
(4) Means employed must be reasonable and for any
Action for abatement unnecessary damage or force, the actor will be
(1) The district health officer shall take care that one liable. Right to abate is not greater than the
or all of the remedies against a public nuisance necessity of the case and is limited to the removal
are availed of. of only so much of the objectionable thing as
(2) If a civil action is brought by reason of the actually causes the nuisance.
maintenance of a public nuisance, such action (5) Abatement must be approved by the district
shall be commenced by the city or municipal health officer.
mayor. (6) Property must not be destroyed unless it is
(3) The district health officer shall determine absolutely necessary to do so.
whether or not abatement, without judicial (7) Right must always be exercised with the
proceedings, is the best remedy against a public assistance of local police so as not to disturb the
nuisance. public peace.
(4) A private person may file an action on account of
a public nuisance if it is especially injurious to PRIVATE NUISANCE
himself. Remedies
The remedies against a private nuisance are:
General rule: Individual has no right of action against (1) A civil action; or
a public nuisance. The abatement proceedings must (2) Abatement, without judicial proceedings.
be instituted in the name of the State or its (a) The procedure for extrajudicial abatement of
representatives. a public nuisance by a private person be
followed
Exception: An individual who has suffered some (b) Person extrajudicially abating a nuisance
special damage different from that sustained by the liable for damages if:
general public may maintain a suit in equity for an (i) If he causes unnecessary injury
injunction to abate it, or an action for damages which (ii) If an alleged nuisance is later declared
he has sustained. by the courts to be not a real nuisance
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special status of things, capacity and intention of The owner of a swarm of bees shall have a right to
persons and fulfillment of the requisites of law. pursue them to anothers land, indemnifying the
possessor of the latter for the damage.
Title is every juridical right which gives a means to
the acquisition of real rights but in itself is If the owner has not pursued the swarm, or ceases to
insufficient to produce them. do so within 2 consecutive days, the possessor of the
land may occupy or retain the same.
Ownership is not transferred by contract merely but
by tradition or delivery. Contracts only constitute The 20 days to be counted from their occupation by
titles or rights to transfer or acquisition of ownership, another person. This period having expired, they
while delivery is the mode of accomplishing the shall pertain to him who has caught and kept them.
same.
Occupation of domesticated animals
Mode Title Wild animals are possessed only while they are
under one's control; domesticated or tamed animals
Directly and immediately Serves merely to give the are considered domestic or tame if they retain the
produces a real right occasion for its acquisition habit of returning to the premises of the possessor.
or existence
Pigeons and fish
Cause Means
Pigeons and fish which from their respective
Proximate cause Remote cause breeding places pass to another pertaining to a
Essence of the right Means whereby that different owner shall belong to the latter, provided
which is to be created or essence is transmitted they have not been enticed by some artifice or fraud.
transmitted
Hidden treasure
He who by chance discovers hidden treasure in
OCCUPATION
anothers property: shall be allowed to the finder.
Note: Ownership of land cannot be acquired by
occupation
If the finder is a trespasser, he shall not be entitled to
any share of the treasure.
REQUISITES
(a) Corporeal personal property
If the things found be of interest to science or the
(b) Property susceptible of appropriation
arts, the State may acquire them at their just price,
(c) Seizure with intent to appropriate
which shall be divided in conformity with the rule
(d) Res nullius (no owner) or res derelict (abandoned
stated
property)
(e) Observance of conditions prescribed by law
Lost movables; procedure after finding lost movables
Whoever finds a movable, which is not treasure, must
KINDS
return it to its previous possessor.
Of Animals
(1) Wild or feral animals seizure (hunting/fishing)
If unknown, the finder shall immediately deposit it
in open season by means NOT prohibited
with the mayor of the city or municipality where the
(2) Tamed/domesticated animals General Rule:
finding has taken place.
belong to the tamer, but upon recovering
freedom, are susceptible to occupation UNLESS
The finding shall be publicly announced by the
claimed within 20days from seizure by another
mayor for two consecutive weeks in the way he
(3) Tame/domestic animals not acquired by
deems best.
occupation EXCEPT when ABANDONED
If the movable cannot be kept without deterioration,
Of Other Personal Property
or without expenses which considerably diminish its
(1) Abandoned may be acquired
value, it shall be sold at a public auction eight days
(2) Lost
after the publication.
(3) Hidden treasure finder gets by occupation;
landowner gets by accession; EXCEPT in CPG
Six months from the publication having elapsed
system, share goes to the partnership
without the owner having appeared, the thing found,
or its value, shall be awarded to the finder. The finder
SPECIAL RULES
Occupation of a swarm of bees
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and the owner shall be obliged, as the case may be, WHAT MAY NOT BE DONATED
to reimburse the expenses. Future property
(1) Donations cannot comprehend future property.
If the owner should appear in time, he shall be (2) Future property is understood anything which
obliged to pay, as a reward to the finder, one-tenth the donor cannot dispose of at the time of the
of the sum or of the price of the thing found. donation.
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Causes for revocation of donation propter nuptias: Inter vivos Mortis causa
(1) If the marriage is not celebrated or judicially
declared void ab initio, except donations of the donor the donor, the donation
made in the marriage settlements being effective only after
(2) When the marriage takes place without the the death of donor.
consent of the parents or guardian, as Acceptance during the
required by law; donors lifetime is
(3) When the marriage is annulled, and the premature and
donee acted in bad faith; ineffective because there
(4) Upon legal separation, the donee being the can be no contract
guilty spouse; regarding future
(5) If it is with a resolutory condition and the inheritance
condition is complied with;
(6) When the donee has committed an act of As to transfer of ownership for right of disposition
ingratitude as specified by the provisions of Ownership is immediately
the Civil Code on donations in general. transferred. Delivery of Ownership is transferred
Donation between spouses possession is allowed after death
GENERAL RULE: Every donation or grant of after death
gratuitous advantage, direct or indirect, between
the spouses during the marriage shall be void. As to revocation
The prohibition applies to persons living together Irrevocable may be Revocable upon the
as husband and wife without a valid marriage revoked only for the exclusive will of the donor
reasons provided in CC
EXCEPTION: Moderate gifts which the spouses 760, 764, 765
may give each other on the occasion of any family
As to reduction or suppression
rejoicing.
When it is excessive or When it is excessive or
(3) Donation Mortis Causa (NCC 728) inofficious, being inofficious, it is reduced
(a) Becomes effective upon the death of donor preferred, it is reduced first, or even suppressed
(b) Donors death ahead of the donee is a only after the donations
suspensive condition for the existence of the mortis causa had been
donation reduced or exhausted
Characteristics: Note:
(a) Transferor retains ownership and control of (a) NATURE of the act, whether its one of
the property while alive disposition or of execution, is CONTROLLING
(b) Transfer is revocable at will before his death to determine whether the donation is mortis
(c) Transfer will be VOID if the transferor should causa or inter vivos.
survive the transferee (b) What is important is the TIME of TRANSFER
of ownership even if transfer of property
Inter Vivos v. Mortis Causa donated may be subject to a condition or a
Inter vivos Mortis causa term.
(c) Whether the donation is inter vivos or mortis
As to formalities causa depends on whether the donor
Executed and accepted Must be in the form of a intended to transfer ownership over the
with formalities will, with all the properties upon the execution of the deed.
prescribed by CC formalities for the validity (Gestopa v. CA; Austria-Magat v. CA)
of wills
As to cause or consideration
As to effectivity (1) Simple - made out of pure liberality or because of
Effective during the Effective after the death the merits of the donee
lifetime of the donor of the donor (2) Remuneratory - made for services already
rendered to the donor
As to acceptance (3) Onerous - imposes a BURDEN inferior in value to
Acceptance must be Acceptance must be property donated
made during the lifetime made after the death of (a) Improper - burden EQUAL in value to property
donated
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(6) Any person who by fraud, violence, intimidation, (b) Donation to husband and wife jointly with
or undue influence should cause the testator to right of accretion UNLESS donor provides
make a will or to change one already made; otherwise
(7) Any person who by the same means prevents
another from making a will, or from revoking one Special Provisions
already made, or who supplants, conceals, or Reservation by donor of power to dispose (in whole or in
alters the latter's will; part) or to encumber property donated (NCC 755)
(8) Any person who falsifies or forges a supposed will (1) The right to dispose of some things donated, or of
of the decedent. some amount which shall be a charge thereon,
may be reserved by the donor
NCC 1027: (2) But if he should die without having made use of
(a) The priest who heard the confession of the this right, the property or amount reserved shall
testator during his last illness, or the minister of belong to the donee.
the gospel who extended spiritual aid to him
during the same period Donation of naked ownership to one donee and
(b) The relatives of such priest or minister of the usufruct to another (NCC 756)
gospel within the fourth degree, the church, (1) May be donated
order, chapter, community, organization, or (2) Provided all the donees are living at the time of
institution to which such priest or minister may the donation
belong
(c) A guardian with respect to testamentary Conventional reversion in favor of donor or other person
dispositions given by a ward in his favor before (NCC 757)
the final accounts of the guardianship have been (1) In favor of donor, for any case and circumstance
approved, even if the testator should die after the (2) In favor of other persons who must be living at
approval thereof; nevertheless, any provision the time of donation
made by the ward in favor of the guardian when (3) If rule is violated, reversion is void but donation is
the latter is his ascendant, descendant, brother, not nullified
sister, or spouse, shall be valid
(d) Any physician, surgeon, nurse, health officer or Payment of donors debt (NCC 758)
druggist who took care of the testator during his (1) If expressly stipulated - donee to pay only debts
last illness contracted before the donation unless specified
(e) Individuals, associations and corporations not otherwise. But in no case shall donee be
permitted by law to inherit responsible for debts exceeding value of property
donated unless clearly intended
By reason of prejudice to creditors or heirs (voidable) (2) if theres no stipulation - donee answerable only
for donors debt only in case donation is in fraud
EFFECTS OF DONATION/LIMITATIONS of creditors
In general
(1) Donee may demand actual delivery of thing Illegal or impossible conditions (NCC 1183)
donated (1) Impossible conditions, those contrary to good
(2) Donee is SUBROGATED to rights of donor in the customs or public policy and those prohibited by
property donated law shall annul the obligation which depends
(3) Donor NOT obliged to warrant things donated upon them.
EXCEPT in onerous donations in which case (2) If the obligation is divisible, that part thereof
donor is liable for eviction up to extent of burden which is not affected by the impossible or
(ART. 754) unlawful condition shall be valid.
(4) Donor is liable for EVICTION or HIDDEN (3) The condition not to do an impossible thing shall
DEFECTS in case of BF on his part (ART. 754) be considered as not having been agreed upon.
(5) In donation propter nuptias, donor must
RELEASE property donated from mortgages and Double donations
other encumbrances UNLESS the contrary has Rule: Priority in time, priority in right
been stipulated (1) If movable one who first took possession in
(6) Donations to several donees jointly NO right of good faith
accretion EXCEPT: (2) If immovable one who recorded in registry of
(a) Donor provides otherwise property in good faith
(a) no inscription, one who first took
possession in good faith
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(b) in absence thereof, one who can In fraud of creditors (NCC 759)
present oldest title (1) Donation is always presumed to be in fraud of
creditors, when at the time thereof the donor did
Excessive/Inofficious Donations not reserve sufficient property to pay his debts
A donation in which a person gives or receives more prior to the donation
than what he may give or receive by will (NCC 752) (2) Donee shall be responsible therefor only when
the donation has been made in fraud of creditors
Donation inter vivos, made by a person having no
children or descendants, legitimate or legitimated by VOID DONATIONS (NCC 739-740, 1027)
subsequent marriage, or illegitimate, may be (1) Those made between persons who were guilty of
revoked or reduced by the happening of any of these adultery or concubinage at the time of the
events: donation;
(1) If the donor, after the donation, should have
legitimate or legitimated or illegitimate children, NOTE: The action for declaration of nullity may
even though they be posthumous; be brought by the spouse of the donor or donee;
(2) If the child of the donor, whom the latter believed and the guilt of the donor and donee may be
to be dead when he made the donation, should proved by preponderance of evidence in the same
turn out to be living; action
(3) If the donor subsequently adopt a minor child
(2) Those made between persons found guilty of the
The donation shall be revoked or reduced insofar as same criminal offense, in consideration thereof;
it exceeds the portion that may be freely disposed of
by will, taking into account the whole estate of the (3) Those made to a public officer or his wife,
donor at the time of the birth, appearance or descendants and ascendants, by reason of his
adoption of a child office.
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(4) Mortgages by the donee are valid but may be Effect as to fruits (NCC 768)
discharged subject to reimbursement from the When the donation is revoked for any of the causes
donee stated in NCC 760, or by reason of ingratitude, or
when it is reduced because it is inofficious, donee
Extent of revocation only to the extent of the shall not return the fruits except from the filing of the
presumptive legitime of the child complaint
(1) If the revocation is based upon noncompliance
Prescription 4yrs with any of the conditions imposed in the
donation, the donee shall return not only the
Revocation property but also the fruits thereof which he may
Ingratitude have received after having failed to fulfill the
In the following cases: condition
(1) If the donee should commit some offense against
the person, the honor or the property of the
donor, or of his wife or children under his parental
authority;
(2) If the donee imputes to the donor any criminal
offense, or any act involving moral turpitude,
even though he should prove it, unless the crime
or the act has been committed against the donee
himself, his wife or children under his authority;
(3) If he unduly refuses him support when the donee
is legally or morally bound to give support to the
donor.
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If exceeds: inofficious
Donations made to several persons jointly
No accretion one donee does not get the share of Exception: those given to husband and wife, except
the other donees who did not accept (Article 753) when the donor otherwise provides
Donor
Who are allowed: All persons who may contract (of Who are not allowed:
legal age) and dispose of their property (Article 735)
(1) Guardians and trustees with respect to the
property entrusted to them (Article 736)
Donors capacity is determined at the time of the (2) Made between person who are guilty of adultery
making of donation (Article 737) or concubinage (Article 739)
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Revocation/Reduction
Time of Action Transmissibility Effect Liability (Fruits)
Birth, appearance, adoption
Within 4 years from birth, Transmitted to children Property returned/ value Fruits returned from the
legitimation and adoption and descendants upon (if sold)/ redeem filing of the complaint
the death of donor mortgage with right to
recover
Non-compliance with condition
Within 4 years from non- May be transmitted to Property returned, Fruits received after
compliance donors heirs and may be alienations and having failed to fulfill
exercised against donees mortgages void subject to condition returned
heirs rights of third persons in
good faith
Ingratitude
Within 1 year after Generally not transmitted Property returned, but Fruits received from the
knowledge of the fact to heirs of donor/ donee alienations and filing of the complaint
mortgages effected returned
before the notation of the
complaint for revocation
in the registry of property
subsist
Failure to reserve sufficient means for support
At any time, by the donor Reduced to the extent Donee entitled
or relatives entitled to Not transmissible necessary to provide
support support
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(1) If he undertakes risky operations which the owner owner, and there shall be no right of action between
was not accustomed to embark upon; the owner and third persons. These provisions shall
(2) If he has preferred his own interest to that of the not apply:
owner; (1) If the owner has expressly or tacitly ratified the
(3) If he fails to return the property or business after management, or
demand by the owner; (2) When the contract refers to things pertaining to
(4) If he assumed the management in bad faith. the owner of the business.
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damages to the person who delivered the thing, until Art. 2166. When the person obliged to support an
it is recovered. orphan, or an insane or other indigent person
unjustly refuses to give support to the latter, any
ARTICLE 2160 third person may furnish support to the needy
Art. 2160. He who in good faith accepts an undue individual, with right of reimbursement from the
payment of a thing certain and determinate shall person obliged to give support. The provisions of this
only be responsible for the impairment or loss of the article apply when the father or mother of a child
same or its accessories and accessions insofar as he under eighteen years of age unjustly refuses to
has thereby been benefited. If he has alienated it, he support him.
shall return the price or assign the action to collect
the sum. ARTICLE 2167
Art. 2167. When through an accident or other cause a
ARTICLE 2161 person is injured or becomes seriously ill, and he is
Art. 2161. As regards the reimbursement for treated or helped while he is not in a condition to
improvements and expenses incurred by him who give consent to a contract, he shall be liable to pay
unduly received the thing, the provisions of Title V of for the services of the physician or other person
Book II shall govern. aiding him, unless the service has been rendered out
of pure generosity.
ARTICLE 2162
ARTICLE 2168
Art. 2162. He shall be exempt from the obligation to
restore who, believing in good faith that the payment Art. 2168. When during a fire, flood, storm, or other
was being made of a legitimate and subsisting claim, calamity, property is saved from destruction by
destroyed the document, or allowed the action to another person without the knowledge of the owner,
prescribe, or gave up the pledges, or cancelled the the latter is bound to pay the former just
guaranties for his right. He who paid unduly may compensation.
proceed only against the true debtor or the
guarantors with regard to whom the action is still ARTICLE 2169
effective. Art. 2169. When the government, upon the failure of
any person to comply with health or safety
ARTICLE 2163 regulations concerning property, undertakes to do
Art. 2163. It is presumed that there was a mistake in the necessary work, even over his objection, he shall
the payment if something which had never been due be liable to pay the expenses.
or had already been paid was delivered; but he from
whom the return is claimed may prove that the ARTICLE 2170
delivery was made out of liberality or for any other Art. 2170. When by accident or other fortuitous event,
just cause. movables separately pertaining to two or more
persons are commingled or confused, the rules on
OTHER QUASI-CONTRACTS co-ownership shall be applicable.
ARTICLE 2164
Art. 2164. When, without the knowledge of the ARTICLE 2171
person obliged to give support, it is given by a Art. 2171. The rights and obligations of the finder of
stranger, the latter shall have a right to claim the lost personal property shall be governed by Articles
same from the former, unless it appears that he gave 719 and 720.
it out of piety and without intention of being repaid.
ARTICLE 2172
ARTICLE 2165
Art. 2172. The right of every possessor in good faith to
Art. 2165. When funeral expenses are borne by a reimbursement for necessary and useful expenses is
third person, without the knowledge of those governed by Article 546.
relatives who were obliged to give support to the
deceased, said relatives shall reimburse the third ARTICLE 2173
person, should the latter claim reimbursement.
Art. 2173. When a third person, without the
knowledge of the debtor, pays the debt, the rights of
ARTICLE 2166
the former are governed by Articles 1236 and 1237.
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ARTICLE 2175
Employers shall be liable for the damages caused by
their employees and household helpers acting within
Art. 2175. Any person who is constrained to pay the the scope of their assigned tasks, even though the
taxes of another shall be entitled to reimbursement former are not engaged in any business or industry.
from the latter.
The State is responsible in like manner when it acts
QUASI-DELICTS through a special agent; but not when the damage
ARTICLE 2176 has been caused by the official to whom the task
Art. 2176. Whoever by act or omission causes damage done properly pertains, in which case what is
to another, there being fault or negligence, is obliged provided in Article 2176 shall be applicable.
to pay for the damage done. Such fault or
negligence, if there is no pre-existing contractual Lastly, teachers or heads of establishments of arts
relation between the parties, is called a quasi-delict and trades shall be liable for damages caused by
and is governed by the provisions of this Chapter. their pupils and students or apprentices, so long as
they remain in their custody.
ARTICLE 2177
The responsibility treated of in this article shall cease
Art. 2177. Responsibility for fault or negligence under when the persons herein mentioned prove that they
the preceding article is entirely separate and distinct observed all the diligence of a good father of a family
from the civil liability arising from negligence under to prevent damage.
the Penal Code. But the plaintiff cannot recover
damages twice for the same act or omission of the ARTICLE 2181
defendant.
Art. 2181. Whoever pays for the damage caused by his
dependents or employees may recover from the
ARTICLE 2178
latter what he has paid or delivered in satisfaction of
Art. 2178. The provisions of Articles 1172 to 1174 are the claim.
also applicable to a quasi-delict.
ARTICLE 2182
ARTICLE 2179
Art. 2182. If the minor or insane person causing
Art. 2179. When the plaintiff's own negligence was damage has no parents or guardians, the minor or
the immediate and proximate cause of his injury, he insane person shall be answerable with his own
cannot recover damages. But if his negligence was property in an action against him where a guardian
only contributory, the immediate and proximate ad litem shall be appointed.
cause of the injury being the defendant's lack of due
care, the plaintiff may recover damages, but the ARTICLE 2183
courts shall mitigate the damages to be awarded.
Art. 2183. The possessor of an animal or whoever
may make use of the same is responsible for the
ARTICLE 2180
damage which it may cause, although it may escape
Art. 2180. The obligation imposed by Article 2176 is or be lost. This responsibility shall cease only in case
demandable not only for one's own acts or the damage should come from force majeure or from
omissions, but also for those of persons for whom the fault of the person who has suffered damage.
one is responsible.
ARTICLE 2184
The father and, in case of his death or incapacity, the
mother, are responsible for the damages caused by Art. 2184. In motor vehicle mishaps, the owner is
the minor children who live in their company. solidarily liable with his driver, if the former, who was
in the vehicle, could have, by the use of the due
diligence, prevented the misfortune. It is disputably
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presumed that a driver was negligent, if he had been (1) By the explosion of machinery which has not been
found guilty or reckless driving or violating traffic taken care of with due diligence, and the
regulations at least twice within the next preceding inflammation of explosive substances which have
two months. not been kept in a safe and adequate place;
(2) By excessive smoke, which may be harmful to
If the owner was not in the motor vehicle, the persons or property;
provisions of Article 2180 are applicable. (3) By the falling of trees situated at or near
highways or lanes, if not caused by force majeure;
ARTICLE 2185 (4) By emanations from tubes, canals, sewers or
Art. 2185. Unless there is proof to the contrary, it is deposits of infectious matter, constructed without
presumed that a person driving a motor vehicle has precautions suitable to the place.
been negligent if at the time of the mishap, he was
violating any traffic regulation. ARTICLE 2192
ARTICLE 2186 Art. 2192. If damage referred to in the two preceding
Art. 2186. Every owner of a motor vehicle shall file articles should be the result of any defect in the
with the proper government office a bond executed construction mentioned in Article 1723, the third
by a government-controlled corporation or office, to person suffering damages may proceed only against
answer for damages to third persons. The amount of the engineer or architect or contractor in accordance
the bond and other terms shall be fixed by the with said article, within the period therein fixed.
competent public official.
ARTICLE 2193
ARTICLE 2187 Art. 2193. The head of a family that lives in a building
Art. 2187. Manufacturers and processors of or a part thereof, is responsible for damages caused
foodstuffs, drinks, toilet articles and similar goods by things thrown or falling from the same.
shall be liable for death or injuries caused by any
noxious or harmful substances used, although no ARTICLE 2194
contractual relation exists between them and the Art. 2194. The responsibility of two or more persons
consumers. who are liable for quasi-delict is solidary.
ARTICLE 2188
Art. 2188. There is prima facie presumption of
negligence on the part of the defendant if the death
or injury results from his possession of dangerous
Nature and Effect of
weapons or substances, such as firearms and poison, Obligations
except when the possession or use thereof is
indispensable in his occupation or business.
OBLIGATION TO GIVE
A DETERMINATE OR SPECIFIC THING
ARTICLE 2189
AN INDETERMINATE OR GENERIC THING
Art. 2189. Provinces, cities and municipalities shall be
liable for damages for the death of, or injuries Specific Thing Generic Thing Limited Generic
suffered by, any person by reason of the defective Thing
condition of roads, streets, bridges, public buildings, Particularly Object is When the
and other public works under their control or designated or designated only generic objects
supervision. physically by its class/ are confined to
segregated from genus/ species. a particular
ARTICLE 2190 all other of the Debtor can give class.
Art. 2190. The proprietor of a building or structure is same class; anything of the
responsible for the damages resulting from its total identified by same class as
or partial collapse, if it should be due to the lack of individuality. long as it is of
necessary repairs. the same kind.
Cannot be Can be
ARTICLE 2191 substituted. substituted by
any of the same
Art. 2191. Proprietors shall also be responsible for
class and same
damages caused:
kind.
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in delay from the time performs his the debtor within the prestation.
the obligee judicially or undertaking [Art. 1169, period agreed upon. (3) Creditor refuses the
extrajudicially demands par. 2]. (3) Demand, judicial or performance without
from them the extra-judicial, by the just cause.
fulfillment of their creditor.
obligation [Art. 1169 par.
1]. Effects
(1) The debtor is liable for (1) The responsibility of
Exceptions: damages. the debtor is reduced
ARTICLE 1169 (2) The debtor is liable to fraud and gross
Art. 1169. par 2-3: even if the loss is due negligence.
xxx to fortuitous events. (2) The debtor is
However, the demand by the creditor shall not be (3) For determinate exempted from risk of
necessary in order that delay may exist: objects, the debtor loss of the thing
(1) When the obligation or the law expressly so shall bear the risk of which is borne by the
declares; or loss. creditor.
(2) When from the nature and the circumstances of (3) The expenses
the obligation it appears that the designation of incurred by the
the time when the thing is to be delivered or the debtor for the
service is to be rendered was a controlling motive preservation of the
for the establishment of the contract; (time is of thing after the mora
the essence) or shall be chargeable
(3) When demand would be useless, as when the to the creditor.
obligor has rendered it beyond his power to (4) If the obligation bears
perform. interest, the debtor
does not have to pay
In reciprocal obligations, neither party incurs in delay from the time of
if the other does not comply or is not ready to comply delay.
in a proper manner with what is incumbent upon (5) The creditor is liable
him. From the moment one of the parties fulfills his for damages.
obligation, delay by the other begins. (6) The debtor may
relieve himself of the
obligation by
(1) Mora solvendi- Delay on the part of the debtor to consigning the thing.
fulfill his obligation either to give (ex re) or to do
(ex persona)
FRAUD (DOLO) IN THE PERFORMANCE OF OBLIGATION
No Mora Solvendi in:
Fraud (dolo): deliberate or intentional evasion of the
(a) Negative obligations because delay is
normal fulfillment of an obligation [De Leon, 2003].
impossible [De Leon, 2003]
(b) Natural obligations [Tolentino, 1987]
Waiver of future fraud is void. [Art. 1171]
(2) Mora accipiendi- Delay on the part of the creditor
Past Fraud: Can be subject of a valid waiver by the
to accept the performance of the obligation.
aggrieved party. [De Leon, 2003]
(3) Compensatio morae- Delay of both parties in
reciprocal obligations. Effect: As if there is no
default. Woodhouse vs. Halili (1953):
...[I]n order that fraud may vitiate consent, it must
be the dolo causante and not merely the dolo
Mora Solvendi Mora Accipiendi incidente, inducement to the making of the contract.
The false representation was used by plaintiff to get
Requisites from defendant a bigger share of net profits. This is
(1) Obligation must be (1) Debtor offers just incidental to the matter in agreement. Because
liquidated, due and performance. despite plaintiffs deceit, respondent would have still
demandable. (2) Offer must be in entered into the contract.
(2) Non-performance by compliance with the
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Culpa Contractual Culpa Aquiliana (e) debtor has promised to deliver the same thing to
two or more persons who do not have the same
contract.
interest [Art. 1165 par. 3]
Proof of the existence of The negligence of the (f) the thing is lost due to the obligors fraud,
the contract and of its defendant must be negligence, delay or contravention of the tenor of
breach or non-fulfillment proved. the obligation [Art. 1170]
is sufficient prima facie (g) the obligation to deliver a specific thing arises
to warrant recovery. from a crime [Art. 1268]
Proof of diligence in the Proof of diligence in the (h) the object is a generic thing, i.e. the genus never
selection and supervision selection and perishes
of the employees is NOT supervision of the
available as defense. employee is a defense. Requisites for Exemption
(a) The event must be independent of the debtors
CONTRAVENTION OF THE TENOR OF OBLIGATION will (fraud or negligence).
Contravention of the tenor of obligation: Violation of (b) The event must be unforeseeable or inevitable.
the terms and conditions stipulated in the obligation, (c) The event renders it impossible for debtor to
which must not be due to a fortuitous event or force fulfill his obligation in a normal manner.
majeure [De Leon, 2003]. (d) The debtor must be free from any participation in
the aggravation of the injury to the creditor
In any manner contravenes the tenor means any [Tolentino, 1987; De Leon, 2003].
illicit act, which impairs the strict and faithful (e) It must be the only and sole cause, not merely a
fulfillment of the obligation, or every kind of proximate cause.
defective performance [Tolentino, 1987].
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The condition that payment should be made by (3) The mere intention of the debtor to prevent,
Hermosa as soon as he receives funds from the sale without actually preventing fulfillment is not
of his property in Spain is a mixed condition. The sufficient. Constructive fulfillment will not hold
condition implies that the obligor already decided to when the debtor acts pursuant to a right. There is
sell the house and all that was needed to make the constructive fulfillment when:
obligation demandable is that the sale be (a) Intent of the obligor is to prevent fulfillment;
consummated and the price thereof remitted to the and
islands. There were still other conditions that had to (b) There is actual prevention of compliance.
concur to effect the sale, mainly that of the presence
of a buyer, ready, able and willing to purchase the Principle of Retroactivity in Suspensive Conditions
property under the conditions set by the intestate. Art.1187, par.1: Once the condition is fulfilled, its
effects must logically retroact to the moment when
the essential elements, which gave birth to the
EFFECT OF THE HAPPENING OF SUSPENSIVE CONDITION
obligation have taken place. The condition which is
(ART. 1187); RESOLUTORY CONDITION
imposed is only accidental, not an essential element
ARTICLE 1187
of the obligation. (This is applied only to consensual
Art. 1187. The effects of a conditional obligation to contracts. No application to real contracts which can
give, once the condition has been fulfilled, shall only be perfected by delivery.)
retroact to the day of the constitution of the
obligation. Nevertheless, when the obligation
imposes reciprocal prestations upon the parties, the To Give To Do/Not To Do
fruits and interests during the pendency of the
condition shall be deemed to have been mutually If reciprocal, the fruits and In obligations to do or
compensated. If the obligation is unilateral, the interests shall be deemed not to do, the court shall
debtor shall appropriate the fruits and interests to have been mutually determine the retroactive
received, unless from the nature and circumstances compensated as a matter effect of the condition
of the obligation it should be inferred that the of justice and convenience that has been complied
intention of the person constituting the same was [Art. 1187, par. 1]. with
different. [Art. 1187, par. 2].
If unilateral, the debtor The power of the court
In obligations to do and not to do, the courts shall shall appropriate the includes the
determine, in each case, the retroactive effect of the fruits and interests determination of whether
condition that has been complied with. received, unless from the or not there will be any
nature and circumstance retroactive effect. This
it should be inferred that rule shall likewise apply
Suspensive Condition the intention of the in obligations with a
persons constituting the resolutory condition [Art.
Before Fulfillment After Fulfillment same was different. 1190 par. 3].
The demandability and The obligation arises or Resolutory Condition
acquisition or effectivity of becomes effective.
the rights arising from the The obligor can be Before Fulfillment After Fulfillment
obligation is suspended. compelled to comply Preservation of creditors Whatever may have been
Anything paid by mistake with what is incumbent rights (Art. 1188, par. 1) paid or delivered by one
during such time may be upon him. also applies to obligations or both of the parties
recovered. with a resolutory upon the constitution of
condition. the obligation shall have
Doctrine of Constructive Fulfillment of Suspensive to be returned upon the
Conditions fulfillment of the
Art. 1186: The condition shall be deemed fulfilled condition. There is no
when the obligor actually prevented the obligee from return to the status quo.
complying with the condition, and that such However, when the
prevention must have been voluntary or willful in condition is not fulfilled,
character. rights are consolidated
(1) Applicable to suspensive conditions but not to and they become
resolutory conditions. absolute in character.
(2) The article can have no application to an external
contingency which is lawfully within the control of
the obligor.
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(2) If the thing is lost through the fault of the debtor, OBLIGATIONS WITH A PERIOD OR TERM
he shall be obliged to pay damages; it is ARTICLE 1193
understood that the thing is lost when it perishes, Art. 1193. Obligations for whose fulfillment a day
or goes out of commerce, or disappears in such a certain has been fixed, shall be demandable only when
way that its existence is unknown or it cannot be that day comes.
recovered;
Obligations with a resolutory period take effect at once,
(3) When the thing deteriorates without the fault of but terminate upon arrival of the day certain.
the debtor, the impairment is to be borne by the
creditor; A day certain is understood to be that which must
necessarily come, although it may not be known when.
(4) If it deteriorates through the fault of the debtor,
the creditor may choose between the rescission of If the uncertainty consists in whether the day will come
the obligation and its fulfillment, with indemnity or not, the obligation is conditional, and it shall be
for damages in either case; regulated by the rules of the preceding Section.
(5) If the thing is improved by its nature, or by time, Period or Term: Interval of time, which either
the improvement shall inure to the benefit of the suspends demandability or produces
creditor; extinguishment.
(6) If it is improved at the expense of the debtor, he The period must be: future, certain, and possible
shall have no other right than that granted to the [Tolentino, 1987].
usufructuary.
A fortuitous event does not interrupt the running of
ARTICLE 1190 the period. It only relieves the contracting parties
Art. 1190, par. 3. As for the obligations to do and not to from the fulfillment of their respective obligations
do, the provisions of the second paragraph of Article during the period.
1187 shall be observed as regards the effect of the
extinguishment of the obligation. Kinds of Period [Art. 1193]:
(1) Ex die - period with a suspensive effect.
Obligation becomes demandable after the lapse
Without Debtors With Debtors Fault/Act of the period.
Fault/Act (2) In diem - period with a resolutory effect.
Loss Obligation is demandable at once but is
Obligation is Obligation is converted extinguished upon the lapse of the period.
extinguished. into one of indemnity for
damages. ARTICLE 1180
Deterioration Art. 1180. When the debtor binds himself to pay when
Impairment to be borne Creditor may choose his means permit him to do so, the obligation shall be
by the creditor. between bringing an deemed to be one with a period, subject to the
action for rescission of provisions of Article 1197.
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COMPLIANCE THEREWITH, AND SUCH PERIOD HAS The effect of the notice is to limit the obligation to
ARRIVED. the object or prestation selected. Notice of selection
or choice may be in any form provided it is sufficient
ALTERNATIVE OR FACULTATIVE to make the other party know that the selection has
DIFFERENCE BETWEEN ALTERNATIVE AND FACULTATIVE been made. It can be:
OBLIGATIONS (a) oral
(b) in writing
Alternative Obligations Facultative Obligations (c) tacit
Several objects are due. Only one object is due. (d) any other equivocal means
May be complied with by May be complied with by
delivery of one of the the delivery of another Choice of the debtor when communicated to the
objects or by performance object or by the creditor does not require the latters concurrence.
of one of the prestations performance of another
which are alternatively prestation in substitution When the choice is rendered impossible through the
due. of that which is due. creditors fault, the debtor may bring an action to
Choice may pertain to Choice pertains only to rescind the contract with damages [Art. 1203].
debtor, creditor, or third the debtor.
person. Obligation is converted into a simple obligation
when:
(a) The person with the right of choice has
Loss/impossibility of all Loss/impossibility of the
communicated his choice [Art. 1201].
object/prestation due to object/prestation due to
(b) Only one prestation is practicable [Art. 1202].
fortuitous event shall fortuitous event is
extinguish the obligation. sufficient to extinguish
Facultative Obligation
The loss/impossibility of the obligation.
Only one prestation has been agreed upon but the
one of the things does not
debtor may render another in substitution [De Leon,
extinguish the obligation.
2003]. Debtor always has the right of choice.
Culpable loss of any of Culpable loss of the
the objects alternatively object which the debtor
Effect of Loss of Substitute
due before the choice is may deliver in
made may give rise to substitution before the
liability on the part of the substitution is effected Before Substitution is After Substitution is
debtor. does not give rise to any Made Made
liability on the part of the If due to bad faith or fraud The loss or deterioration
debtor. of obligor: obligor is liable. of the substitute on
account of the obligors
delay, negligence, or
If due to the negligence of fraud, renders the
Alternative Obligations
the obligor: obligor is not obligor liable because
Several prestations are due but the performance of
liable. once the substitution is
one is sufficient [De Leon, 2003].
made, the obligation is
converted into a simple
Right of Choice:
one with the substituted
Art. 1200: Belongs to the debtor, UNLESS:
thing as the object of
(1) when it is expressly granted to the creditor
the obligation.
(2) when it is expressly granted to a third person
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Effect
Indivisibility Solidarity
Creditor cannot be compelled to receive partially the
It refers to the prestation It refers to the legal tie prestation in which the obligation consists; neither
which constitutes the or vinculum, and may the debtor be required to make the partial
object of the obligation. consequently, to the payment [Art. 1248], UNLESS:
subjects or parties of (1) The obligation expressly stipulates the contrary.
the obligation. (2) The different prestations constituting the objects
Plurality of subjects is not Plurality of subjects is of the obligation are subject to different terms
required. indispensable. and conditions.
In case of breach, When there is liability (3) The obligation is in part liquidated and in part
obligation is converted into on the part of the unliquidated.
indemnity for damages debtors because of the
because the indivisibility of breach, the solidarity OBLIGATIONS WITH A PENAL CLAUSE, ARTS.
the obligation is among the debtors 1226, 1228-1230
terminated. remains. ARTICLE 1226
The indivisibility of an obligation does not necessarily Art. 1226. In obligations with a penal clause, the
give rise to solidarity. Nor does solidarity itself imply penalty shall substitute the indemnity for damages
indivisibility [Art. 1211]. and the payment of interests in case of
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There are two persons There is only one person ARTICLE 1288
who are mutually whom the characters of Art. 1288. Neither shall there be compensation if one of
debtors and creditors of the creditor and debtor the debts consists in civil liability arising from a penal
each other in two meet. offense.
separate obligations,
each arising from the ARTICLE 1289
same cause.
Art. 1289. If a person should have against him several
Compensation: debts which are susceptible of compensation, the rules
on the application of payments shall apply to the order
Requisites Effects of the compensation.
(1) Each obligor is bound (1) Effects rise from the
ARTICLE 1290
principally, and at the moment all the
same time a principal requisites concur. Art. 1290. When all the requisites mentioned in Article
creditor of the other (2) Debtor claiming its 1279 are present, compensation takes effect by
(2) Both debts must benefits must prove operation of law, and extinguishes both debts to the
consist in a sum of compensation; once concurrent amount, even though the creditors and
money, or if the things proven, effects debtors are not aware of the compensation.
due are FUNGIBLE, of retroact from the
the same kind & moment when the (2) AGREEMENT [ART. 1282]
quality requisites concurred. Parties agree to compensate their mutual
(3) Both debts are due (3) Both debts are obligations even when some requisite in Art. 1279 is
(4) Debts are liquidated extinguished to the lacking.
and demandable concurrent amount,
(5) There must be no even though the (3) VOLUNTARY [ART. 1282]
retention or creditors and debtors ARTICLE 1282
controversy over either are not aware of the Art. 1282. The parties may agree upon the
of the debts, compensation. compensation of debts which are not yet due.
commenced by third (4) Accessory obligations
persons and are also extinguished. (4) JUDICIAL [ART. 1283]
communicated in due Decreed by court when there is counterclaim;
time to the debtor effective upon final judgment
(6) Compensation is not
prohibited by law
KINDS
ARTICLE 1283
(1) LEGAL COMPENSATION [ARTS. 1286-1290]
Takes place by operation of law Art. 1283. If one of the parties to a suit over an
obligation has a claim for damages against the
ARTICLE 1286
other, the former may set it off by proving his right to
said damages and the amount thereof.
Art. 1286. Compensation takes place by operation of
law, even though the debts may be payable at different
(5) FACULTATIVE
places, but there shall be an indemnity for expenses of
When it can be claimed by one of the parties who,
exchange or transportation to the place of payment.
however, has the right to object to it.
ARTICLE 1287
Compensation which can only be set up at the option
Art. 1287. Compensation shall not be proper when one of a creditor, when legal compensation cannot take
of the debts arises from a depositum or from the place because some legal requisites in favor of the
creditor are lacking. Creditor may renounce his right
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Objective Novation
(1) Change of the subject matter
(2) Change of cause or consideration
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SIMULATION OF CONTRACTS takes place when the (b) Aleatory contract, where one of the contracting
parties do not really want the contract they have parties assumes the risk that the thing will never
executed to produce the legal effects expressed by come into existence, e.g. insurance.
its wordings. It may be absolute or relative [Arts.
1345-1346]. CAUSE
DEFINITION
The essential and impelling reason why a party
Absolute Simulation Relative Simulation assumes an obligation (Manresa). Motive, on the
other hand, is the particular reason for a contracting
No real transaction is Real transaction is hidden. party which does not affect the other.
intended.
Fictitious contract. Disguised contract. REQUISITES:
Void. Bound as to hidden 1. Must exist at the time of the contract is entered
agreement, so long as it into [Arts. 1352, 1409, par. 3].
does not prejudice a third 2. Must be lawful (ibid).
person and is not contrary 3. Must be true or real [Art.1353].
to law, morals, good
customs, public order or CAUSE IN
public policy. Onerous Renumeratory Pure
Contracts Contracts Beneficence
OBJECT The undertaking The service or Mere
DEFINITION: or the promise benefit which is liberality of
The subject matter; the thing, right or service which of the thing or remunerated the
is the subject matter of the obligation arising from service by the benefactor
the contract [Tolentino]. other party
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Lesion or inadequacy Inadequacy of cause shall not The acceptance may be made in the same deed of
of cause cause is invalidate the contract except donation or in a separate public document, but it
not proportionate to when: (1) there is fraud, shall not take effect unless it is done during the
object mistake, undue influence (2) lifetime of the donor.
when parties intended a
donation If the acceptance is made in a separate instrument,
the donor shall be notified thereof in an authentic
form, and this step shall be noted in both
Liguez v. CA (1957):
instruments.
In making the donation in question, Lopez was not
moved exclusively by the desire to benefit Liguez, but
also to secure her cohabiting with him, so that he PARTNERSHIP WHERE REAL PROPERTY IS CONTRIBUTED
could gratify his sexual impulses. The donation was (ARTS. 1771, 1773)
an onerous transaction and clearly predicated upon ARTICLE 1771
an illicit causa. Art. 1771. A partnership may be constituted in any
form, except where immovable property or real rights
are contributed thereto, in which case a public
instrument shall be necessary.
Kinds of Contracts ARTICLE 1773
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GENERALLY, form is not required. It is enough that The necessity for the public document in the
there be consent, subject matter and cause contracts enumerated under this article is only for
(Art.1318). convenience, not for validity or enforceability.
EXCEPTIONS:
(1) Formal contracts and Fule v. Court of Appeals (1998):
(2) Real contracts Article 1358, which requires the embodiment of
certain contracts in a public instrument, is only for
When Form is Important: convenience, and registration of the instrument only
(a) For Validity e.g. for formal or solemn contracts adversely affects third parties.
(b) For Enforceability e.g. for agreements
enumerated under the Statute of Frauds
(Art.1403)
(c) For Convenience e.g. for contracts enumerated
in Art. 1385 Defective Contracts
ARTICLE 1357 FOUR KINDS OF DEFECTIVE CONTRACTS
Art. 1357. If the law requires a document or other (PARAS):
special form, as in the acts and contracts (a) RESCISSIBLE: Valid until rescinded. All essential
enumerated in the following article, the contracting requisites of a contract exist but there is injury or
parties may compel each other to observe that form, damage to one of the parties or to third persons
once the contract has been perfected. This right may external or extrinsic defect consisting of an
be exercised simultaneously with the action upon the economic damage or lesion.
contract. (1279a) (b) VOIDABLE: Valid until annulled, unless ratified.
Defect is more or less intrinsic, as in the case of
This article applies only when form is needed for vitiated consent.
convenience, not for validity or enforceability. Thus, (c) UNENFORCEABLE: Cannot be sued upon or
before the contracting parties may be compelled to enforced, unless it is ratified. Intermediate ground
execute the needed form, it is essential that the between voidable and void contracts.
contract be: (1) perfected or valid (Art.1357) and (2) (d) VOID: No legal effect at all and cannot be ratified
enforceable under the Statute of Frauds (Art.1356). or validated.
RESCISSIBLE CONTRACTS (ART. 1381)
ARTICLE 1358 ARTICLE 1381
Art. 1358. The following must appear in a public Art. 1381. The following contracts are rescissible:
document: Those which are entered into by guardians whenever
(1) Acts and contracts which have for their object the the wards whom they represent suffer lesion by more
creation, transmission, modification or than one-fourth of the value of the things which are
extinguishment of real rights over immovable the object thereof;
property; sales of real property or of an interest Those agreed upon in representation of absentees, if
therein a governed by Articles 1403, No. 2, and 1405; the latter suffer the lesion stated in the preceding
(2) The cession, repudiation or renunciation of number;
hereditary rights or of those of the conjugal Those undertaken in fraud of creditors when the
partnership of gains; latter cannot in any other manner collect the claims
(3) The power to administer property, or any other due them;
power which has for its object an act appearing or Those which refer to things under litigation if they
which should appear in a public document, or should have been entered into by the defendant without the
prejudice a third person; knowledge and approval of the litigants or of
(4) The cession of actions or rights proceeding from competent judicial authority;
an act appearing in a public document. All other contracts specially declared by law to be
All other contracts where the amount involved subject to rescission.
exceeds five hundred pesos must appear in writing,
even a private one. But sales of goods, chattels or ARTICLE 1382
things in action are governed by Articles, 1403, No. 2 Art. 1382. Payments made in a state of insolvency for
and 1405. obligations to whose fulfillment the debtor could not
be compelled at the time they were effected, are also
rescissible.
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(1) Those entered into in the name of another person General Rules of Application of Statute of Frauds
by one who has been given no authority or legal (a) The Statute of Frauds is a Rule of Exclusion, i.e.
representation, or who has acted beyond his oral evidence might be relevant to the
powers; agreements enumerated therein and might
(2) Those that do not comply with the Statute of therefore be admissible were it not for the fact
Frauds as set forth in this number. In the that the law excludes said oral evidence.
following cases an agreement hereafter made (b) The defense of the Statute of Frauds may be
shall be unenforceable by action, unless the waived [Art.1405].
same, or some note or memorandum, thereof, be (c) Applies only to executory contracts, not partially
in writing, and subscribed by the party charged, or completely executed (consummated)
or by his agent; evidence, therefore, of the contracts.
agreement cannot be received without the (d) The Statute of Frauds cannot apply if the action is
writing, or a secondary evidence of its contents: neither for damages because of the violation of an
(a) An agreement that by its terms is not to be agreement nor for the specific performance of said
performed within a year from the making agreement [Lim vs. Lim, 10 Phil 635].
thereof; (e) The Statute of Frauds is exclusive, that is, it
(b) A special promise to answer for the debt, applies only to the agreements or contracts
default, or miscarriage of another; enumerated therein [See Quintos v. Morata
(c) An agreement made in consideration of (1930)].
marriage, other than a mutual promise to (f) The Statute of Frauds is a personal defense, that
marry; is, a contract infringing it cannot be assailed by
(d) An agreement for the sale of goods, chattels third persons [Art.1408].
or things in action, at a price not less than five (g) Contracts infringing the Statute of Frauds are not
hundred pesos, unless the buyer accept and void, they are merely unenforceable [Art.1403].
receive part of such goods and chattels, or the (h) The Statute of Frauds does not determine the
evidences, or some of them, of such things in credibility or weight of evidence. It merely
action or pay at the time some part of the concerns itself with the admissibility thereof.
purchase money; but when a sale is made by (i) The Statute of Frauds does not apply if it is
auction and entry is made by the auctioneer in claimed that the contract does not express the
his sales book, at the time of the sale, of the true agreement of the parties. As long as the true
amount and kind of property sold, terms of or real agreement is not covered by the Statute of
sale, price, names of the purchasers and Frauds, it is provable by oral evidence [Cayuga v.
person on whose account the sale is made, it Santos].
is a sufficient memorandum;
(e) An agreement of the leasing for a longer VOID CONTRACTS
period than one year, or for the sale of real ARTICLE 1409
property or of an interest therein; Art. 1409. The following contracts are inexistent and
(f) A representation as to the credit of a third void from the beginning:
person. Those whose cause, object or purpose is contrary to
(3) Those where both parties are incapable of giving law, morals, good customs, public order or public
consent to a contract. policy;
Those which are absolutely simulated or fictitious;
Definition of Unenforceable Contracts Those whose cause or object did not exist at the time
Those that cannot be enforced in court or sued upon of the transaction;
by reason of certain defects provided by law until and Those whose object is outside the commerce of men;
unless they are ratified according to law [De Leon]. Those which contemplate an impossible service;
Those where the intention of the parties relative to
Kinds of Unenforceable Contracts: the principal object of the contract cannot be
(1) Unauthorized contracts those entered into by ascertained;
one who has no authority or legal representation Those expressly prohibited or declared void by law.
or who has acted beyond his powers [Art.1403, These contracts cannot be ratified. Neither can the
par.1]. right to set up the defense of illegality be waived.
(2) Those which did not comply with the Statute of
Frauds [Art.1403, par.2]. Definition of Void Contract [De Leon]
(3) Those where both parties are incapable of giving Those which, because of certain defects, generally
consent to a contract [Art.1403, par.3]. produce no effect at all. They are considered as
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Effects of Contracts
STATUTORY BASIS
ARTICLE 1311
Art. 1311. Contracts take effect only between the
parties, their assigns and heirs, except in case where
the rights and obligations arising from the contract
are not transmissible by their nature, or by
stipulation or by provision of law. The heir is not
liable beyond the value of the property he received
from the decedent.
EXCEPTIONS
(a) Obligations arising from the contract are not
transmissible by nature, stipulation or law
[Art.1311].
(b) Where there is a stipulation pour autrui.
STIPULATION POUR AUTRUI (definition):
stipulation in favor of a third person conferring
clear and deliberate favor which is merely art of
the contract entered into by parties, neither of
whom acted as agent of third person.
(c) Third person induces another to violate his
contract (Art. 1314).
(d) Where third persons may be adversely affected by
a contract where they did not participate [see
Arts. 1312, 2150, 2151].
(e) Where law authorizes creditor to sue on a
contract entered into by his debtor [accion
directa, Art. 1313]
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OBLIGATIONS CREATED ART. 1165 Equatorial Realty Dev. v. Mayfair Theater (2001): Sale
Art. 1165. When what is to be delivered is a is merely title that creates the obligation on the part
determinate thing, the creditor, in addition to the of the seller to transfer ownership and deliver
right granted him by Article 1170, may compel the possession, but on its own, sale is not a mode that
debtor to make the delivery. transfers ownership.
If the thing is indeterminate or generic, he may ask SALE DISTINGUISHED FROM OTHER
that the obligation be complied with at the expense CONTRACTS
DONATION
of the debtor.
Sale Donation
If the obligor delays, or has promised to deliver the Onerous Gratuitous
same thing to two or more persons who do not have
the same interest, he shall be responsible for any Perfected by mere Must comply with the
fortuitous event until he has effected the delivery. consent formalities required by
law. [Art 745, CC]
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When the price of the contract of sale is simulated, There is a novation of the contract of loan into a
the sale may be void but the act may be shown to contract of sale when the creditor agrees to accept a
have been in reality a donation or some other thing in payment of the debt. Hence, if the thing
contract. [Art.1471, CC] given in payment turns out to belong to another, the
creditors remedy should be governed by the law on
BARTER sales, not loan. [Baviera]
Sale Barter
Bilateral promise to buy and sell [Asked in 80, 91]
Consideration is price in Consideration is A promise to buy and sell a determinate thing for a
money or its equivalent another thing price certain is reciprocally demandable. [Art 479,
CC]
Barter is a contract where one of the parties binds
himself to give one thing in consideration of the Like a sale, the thing must be determinate and the
others promise to give another thing [Art.1638, CC] price, certain.
If consideration consists partly in money and partly in CONTRACT OF SALE/CONTRACT TO SELL
another thing, the intention of the parties determines
whether the contract is one of sale or barter: Contract of Sale Contract to sell
If manifest intention is not clear: Barter when Ownership is Ownership is only
the value of thing is more than the amount of transferred upon transferred upon full
money or its equivalent; otherwise, sale. delivery payment of price
[Art.1468] Non-payment is a Full payment is a
resolutory condition positive suspensive
condition, hence non-
CONTRACT FOR A PIECE OF WORK payment would not
Contract for a Piece of give rise to the
Sale
Work obligation to transfer
Goods are Goods are ownership
manufactured or manufactured for
procured in the ordinary customer upon his Conditional Contract of
course of business special order Contract to sell
Sale
For the general market, For a specific Sale is already No perfected sale yet
whether on hand or not customer perfected
A subsequent buyer is A subsequent buyer is
The fact that the object were made by the seller only presumed to be a buyer presumed to be a
when customers placed their orders, does not alter in bad faith buyer in good faith
the nature of the contract of sale, for it only accepted
such orders as called for the employment of such
materials as it ordinarily manufactured or was in a
position habitually to manufacture such. [Celestino
Co & Co vs. Collector, 1956] Parties to a Contract of Sale
When each product or system executed is always
CAPACITY OF PARTIES ARTS. 1489-1492
UNIQUE and could not mass-produce the product
All persons who have capacity to enter into
because of its very nature, such is a contract for a obligations may enter into a contract of sale [Art
piece of work. [Commissioner vs. Engineering
1489, CC]
Equipment and Supply Co., 1975]
KINDS OF INCAPACITY
DACION EN PAGO
(1) Absolute incapacity
Sale Dacion en pago (2) Relative incapacity
No pre-existing debt Pre-existing debt (3) Specific incapacity/Special disqualifications
Creates an obligation Extinguishes the
obligation (mode of ABSOLUTE INCAPACITY ARTS. 1327, 1397, 1399
payment)
Price is more freely Price is value of the (MIND-CI) [ART. 1327, CC]
agreed upon, fixed by thing given (1) Minors
the parties (2) Insane or Demented
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Emptio Rei Speratei Emptio Spei (4) Things Subject to Resolutory Condition
Sale of things subject to a resolutory condition
In case of doubt, the presumption is in favor of may be the object of a contract of sale. [Art 1465,
emptio rei speratae since it is more in keeping CC]
with the commutative character of the contract.
Examples:
DETERMINATE OR DETERMINABLE
(a) things acquired under legal or conventional
A thing is DETERMINATE when it is particularly right of redemption; or
designated or physically segregated from all others (b) subject to reserva troncal,
of the same class. [Art 1460, CC]
(5) Quantity of Subject Matter not determinate
A thing is DETERMINABLE when it is capable of
The fact that the quantity is not determinate shall
being made determinate at the time the contract
not be an obstacle to the existence of the
was entered into without the necessity of a new or
contract provided it is possible to determine the
further agreement between the parties. [Art 1460, CC]
same, without the need of a new contract
between the parties. [Art. 1349, CC]
Failure to state the exact location of the land does
not make the subject matter indeterminate, so long
as it can be located. [Camacho v CA, 2007]
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(a) In execution sale, the buyer merely steps into When buyer has an intention to pay and the seller
the shoes of the judgment debtor [Rule 39, has an expectation to receive the price
sec. 33, ROC] (a) If simulated: Sale is VOID; BUT act may be
shown to have been a donation or some other
(5) When goods are purchased in Merchants store, act or contract. [Art 1471, CC]
Fair, or Market [Art 1505, CC] (b) An admission of non-payment of any centavo
(a) The policy of the law has always been that in exchange of a property in a contract of sale
where the rights and interest of the vendor renders the sale VOID. [Labagala vs. Santiago,
clash with that of an innocent buyer for value, 2001]
the latter must be protected. [Sun Brothers (c) If Price is false when the real consideration
and Co. vs. Velasco, 1958] is not the price stated in the contract:
i. Sale is void
SALE BY A PERSON HAVING A VOIDABLE TITLE ii. UNLESS proved to be founded on another
ARTS. 1506, 559 true and lawful price [Art 1353, CC]
(1) True owner may recover the thing when the ff.
requisites concur: HOW PRICE IS DETERMINED
(a) Subject matter is movable (1) Fixed by agreement of the parties
(b) Owner has either lost the thing or has been (a) Fixing of price cannot be left to the discretion
unlawfully deprived. [Art 559, CC] of one of the parties
(b) BUT if such is accepted by the other, sale is
(2) Reimbursement is necessary before owner can perfected. [Art 1473, CC]
recover when: (2) Determination is left to the judgment of a
(a) Buyer acted in good faith specified person
(b) Acquired at a public auction [Art 559, CC] (a) If unable or unwilling: Sale is inefficacious
UNLESS parties subsequently agree about the
(3) Recovery no longer possible when: price.
(a) Buyer in good faith (b) If in bad faith/by mistake: Courts may fix price
(b) Acquired it at a merchants store, fair or (c) If 3rd person is prevented from fixing price by
market. [Art 1506, CC] fault of seller or buyer: Innocent party may
avail of remedies.
(3) The price is made in reference to another thing, or
when the price fixed is the price of the commodity
Price on a definite day, or in a particular exchange or
market, OR when the amount fixed is above or
below the price on such day, exchange or market.
MEANING OF PRICE ARTS. 1469-1474 [Art 1472, CC]
Price signifies the sum stipulated as the equivalent
of the thing sold and also every incident taken into INADEQUACY OF PRICE ARTS. 1355, 1470
consideration for the fixing of the price put to the General Rule: Does not affect a contract of sale. [Art.
debit of the buyer and agreed to by him [Inchausti v. 1470, CC]
Cromwell, 1911]
The stipulation in a contract of sale which states that
REQUISITES FOR A VALID PRICE the consideration is P1 and other valuable
(Ce-MoRe) considerations does not make the contract void.
(1) Certain or ascertainable at the time of perfection Gross inadequacy of price does not affect the
(2) In Money or its equivalent contract of sale except that it may indicate a defect
(a) Example of equivalent: Letters of credit in consent. [Bagnas v. C.A., 1989]
(b) If price is partly in money and partly in another
thing: Determine manifest intention of the Exceptions:
parties to see whether it was barter or sale. (1) It may indicate a defect in consent such as fraud,
[Art 1468,CC] mistake, or undue influence
(c) If intention does not clearly appear, it shall be (2) It may indicate that the contract was in reality a
considered a barter if the value of the thing donation or some other act or contract
exceed the amount of money or its equivalent. (3) Inadequacy would make the contract of sale
[Art 1468,CC] rescissible where a contract was entered into by
(3) Real the guardian of a ward or a representative of an
absentee, without the courts approval, and the
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owner suffers lesion by more than of the value (a) The contract of sale is perfected at the
of the thing sold. [Art 1381 (1) (2), CC] moment there is meeting of the minds upon
the thing which is the object of the contract
WHEN NO PRICE AGREED ART. 1474 and upon the price. [Art. 1475, par.1, CC]
(1) Sale is inefficacious [Art. 1474, CC] (b) From that moment, the parties may
(2) But if the thing or part thereof has been delivered reciprocally demand performance, subject to
and appropriated by the buyer, he must pay a the provisions of law governing the form of
reasonable price therefor. contracts. [Art. 1475, par. 2, CC]
(a) What is a reasonable price is a question of fact (c) A private instrument signed by the defendant
dependent on the circumstances of each reciting that he bought from the plaintiff a
particular case. [Art 1474, CC] property at a specific address for a specific
(b) The reasonableness of a price may be price to be paid as soon as a bill of sale is
determined on the basis of a companys signed is not a mere draft but a perfected
balance sheet showing the book value or fair agreement and hence, obligatory, even if there
market value of its shares. [Philippine Free was no statement as to area or price per
Press vs. CA, 2005] meter. [Goyena v. Tambunting, 1902]
General Rule: Offer may be withdrawn at any time
MANNER OF PAYMENT MUST BE AGREED UPON without even communicating such withdrawal to the
Disagreement on the manner of payment is interested buyer.
tantamount to a failure to agree on the price. [Toyota
Shaw vs. CA, 1995] Exception: When the offerer has allowed the offeree a
certain period to accept, the offer may be withdrawn
EARNEST MONEY VS. OPTION MONEY ART. at any time before acceptance by communicating
1482 such withdrawal. [Art 1324, CC]
Earnest Money Definition: paid in advance of the
purchase price agreed upon by the parties in a Exception to the exception: Cannot be withdrawn
contract of sale, given by the buyer to the seller, to within a certain period if offer is founded upon a
bind the latter to the bargain. [Asked in 93, 02] consideration. [Art 1324 and 1479, CC]
Option Money vs. Earnest Money [Limson vs. CA, (2) OPTION CONTRACT ARTS. 1479, 1324
2001] (a) Definition
Option Money Earnest Money i. An accepted unilateral promise to buy or
sell supported by a consideration distinct
Separate and distinct Part of purchase price from the price (Art 1479, CC)
consideration from the [Art 1482, CC] ii. An option contract is a privilege existing in
purchase price one person, for which he had paid a
Given when sale is not Given only when there consideration, which gives him the right to
yet perfected is already a sale buy, for example, certain merchandise or
When given, the would- When given, the buyer certain specified property, if he chooses, at
be-buyer is not required is bound to pay the any time within the agreed period, at a fixed
to buy, but may even balance price. [De la Cavada vs. Diaz, 1918]
forfeit it depending on iii. An option is not of itself a purchase, but
the terms of the option merely secures the privilege to buy.
Grantee of option is still Buyer manifests his iv. A consideration for an optional contract is
undecided whether or earnest desire to buy just as important as the consideration for
not to buy or sell the the property any other kind of contract. If there was no
property [Baviera] consideration for the option, then it cannot
be enforced any more than any other
contract where no consideration exists.
[Baviera]
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st
Sale Option Contract Option Contract Right of 1 Refusal
on the part of the buy or sell only a right to match
option-holder, aside the 1st offer to buy
from the consideration should the grantor
for the offer decide to sell
Sale of property Sale of right to
purchase (4) MUTUAL PROMISE TO BUY AND SELL ART. 1479
A promise to buy and sell a determinate thing for a
(3) RIGHT OF FIRST REFUSAL price certain is reciprocally demandable. [Art 1479]
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(2) Sale of realty by an agent WHEN DELIVERY DOES NOT TRANSFER TITLE
Agents authority must be in writing, otherwise the (1) SALE ON APPROVAL, TRIAL, OR SATISFACTION
sale is void [Art.1874, CC] General Rule: Title remains with the seller
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and Industrial Corp. v. CA, 1997; Sabio v. The (3) 2 or more buyers with conflicting interests at
International Corporate Bank, Inc., 2001] odds over the rightful ownership of the thing sold;
(4) Same seller
(c) Tradition Longa Manu (Long Hand)
i. Delivery of thing by mere agreement. RULES GOVERNING SALE OF MOVABLES, IMMOVABLES AND
ii. Example: Seller points to the property UNREGISTERED LANDS
without actually transferring physical
possession thereof. (1) Sale of Movables
iii. When an employer assigned all its rights Ownership shall be transferred to the person who
and title to all surplus property salvaged by may have first taken possession in good faith.
the contractor, tradition longa manu takes
place. Delivery is upon the moment a thing (2) Immovables
is salvaged. [Board of Liquidators v. Floro, (a) Ownership belongs to the person who:
1960] i. In good faith first recorded it in the Registry
of Property; OR
(d) Tradition Brevi Manu (Short Hand) ii. If there is no inscription, ownership passes
MOVABLE is delivered when the buyer had the to the person who in good faith was first in
thing already in his possession before the sale possession; OR
took place, not as owner but as lessee, iii.In the absence thereof, to the person who
borrower, or depositary. presents the oldest title, PROVIDED there is
good faith.
(e) Tradition Constitutum Possessorium
Seller continues to be in possession of the Oldest Title any public document showing
property sold, by virtue of a lease contract acquisition of the land in good faith. To
agreement with the vendee. constitute title, the transmission of
ownership must appear in a public document
(f) Delivery to a Common Carrier [Art. 1358 (1)]
General Rule: Delivery to the courier or carrier
is tantamount to delivery to buyer. Examples: Deed of Sale, Deed of Donation,
Exceptions Deed of Trust
i. Seller reserved title by the form of the bill of
lading, with intent to remain the owner, not (b) Registration includes any entry made in the
merely for the purpose of securing payment, Primary Entry Book of the registry, including
OR both registration in its ordinary and strict
ii. Contrary intention appears in the contract sense and cancellation, annotation, and even
(i.e. seller is required to deliver goods to marginal notes. [Cheng v. Genato, 1998]
buyer at the point of destination) i. Pencilled entries on the title are not
iii. F.O.B. (Free on Board or Freight on Board): considered registration [AFPMBAI v. Court of
When seller bears the expenses of Appeals, 1999].
transportation up to the F.O.B. point.
iv. C.I.F. (Cost, Insurance, Freight): Price quoted (3) Sale by Virtue of Execution and Attachment
includes the costs of the goods, insurance, Art. 1544 does NOT apply to the sale of
and freight charges on the goods up to the unregistered land at an execution sale because a
point of destination. buyer of unregistered land at an execution sale
v. F.A.S. (Free Alongside): Seller bears the only steps into the shoes of the judgment debtor,
expenses of transportation until he delivers and merely acquires the latter's interest in the
the goods alongside a vessel at a named property sold as of the time the property was
port. levied upon. [Carumba v. CA, 1970]
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(d) Profit that the seller would have made if sale a foreclosure sale resulting in a deficiency. The
had been fully performed payment of the sum of P1,250 of Sapinoso was
a voluntary act on his part and did not result
(3) Rescission by giving the buyer notice of the from a further action instituted by Northern
election to rescind [Art. 1597] Motors. [Motors vs. Sapinoso, 1970]
iii.The purpose of the law is to remedy the abuses
Under this rule, rescission would bar an action on committed in foreclosure of chattel
the contract because it means cancellation of the mortgages. It prevents mortgagees from
contractual obligations between the parties. seizing the mortgaged property, buying it at
[Baviera] foreclosure sale for a low price and then
bringing the suit against the mortgagor for a
(4) Special rule for sale of movables by installments deficiency judgment. The almost invariable
Recto Law [Arts. 1484, 1485] result of this procedure was that the mortgagor
found himself minus the property and still
Applies in cases of: owing practically the full amount of his original
(a) Sale of movables in installment indebtedness. [Bachrach Motor Co., Inc. v.
i. The rule is intended to apply to sales of Millan, 1935]
movables, the price of which is payable in iv.Remedies are ALTERNATIVE, not cumulative,
two or more installments, but not to i.e. exercise of one bars exercise of the others.
straight-term sales where the price is [Nonato vs. IAC, 1985]
payable in full, after making a down
payment because the law aims to protect
improvident buyers who may be tempted to
buy beyond their means. [Levy Hermanos vs.
Gervacio, 1939] Performance of Contract
(b) Lease of personal property with option to buy
i. When lessor has deprived the lessee of the DELIVERY OF THING SOLD
possession or enjoyment of the thing (Ex.: (1) SALE OF MOVABLES ARTS. 1522, 1537, 1480
When lessor files a complaint for replevin (a) When Quantity less than expected
against lessee) i. Buyer may reject all
ii. Also applies when seller assigns his credit ii. Buyer accepts with knowledge of sellers
to someone else inability to deliver the rest buyer pays at
contract price
ALTERNATIVE REMEDIES OF THE UNPAID SELLER UNDER iii.Buyer has used or disposed prior to knowing
RECTO LAW sellers inability to deliver the rest buyer
(a) Specific Performance pays fair value
(b) Cancellation of sale: If vendee fails to pay 2 or (b) Quantity more than expected
more installments i. If divisible, buyer may reject excess
i. When the seller cancels the sale by ii. If indivisible, buyer may reject all
repossessing the property sold, he is barred (c) Quality different or different goods
from exacting payment for its price. i. If divisible, buyer may accept the goods
(c) Foreclosure of Chattel Mortgage: If vendee fails compliant with contract and reject those
to pay 2 or more installments that are not
i. If seller chooses this remedy, he shall have no ii. If indivisible, buyer may reject all [Art. 1522]
further action to recover any unpaid balance, (d) Sale of specific mass of goods
and any stipulation to the contrary shall be void i. In the sale of fungibles where the measure
ii. What Art 1484 (3) prohibits is further action or weight has not been agreed upon nor is
against the purchaser to recover any unpaid there a fixed rate based upon a
balance of the price; and although this Court measurement, the subject matter of the
has construed the word action to mean any sale is a determinate object the specific
judicial or extrajudicial proceeding by virtue of mass; seller is merely required to deliver
which the vendor may lawfully be enabled to such mass even if actual quantity falls short
exact recovery of the supposed unsatisfied of parties estimate [Art. 1480]
balance of the purchase price from the (e) Delivery by installments
purchaser or his privy, there is no occasion at i. By default, buyer is not bound to accept
this stage to apply the restrictive provision of delivery of goods by installments
the said article because there has not yet been
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Express Warranty False Representation (c) Final judgment based on a right prior to the
sale or an act imputable to the vendor
(d) Seller is summoned and made co-defendant in
However, buyer who the suit for eviction at the instance of the
fails to inspect buyer. [Power Commercial and Industrial Corp.
condition of property v. CA, 1997]
despite ample
opportunity to do so IMPLIED WARRANTY AGAINST ENCUMBRANCE/NON-
when there is no APPARENT SERVITUDES
opposition on the part Requisites for breach:
of seller to inspect (1) Thing sold is an immovable
cannot later on allege (2) Burden or servitude encumbering the thing sold
false representation. is:
[Phil Mftg Co. v Go (a) Non-apparent to the naked eye
Jucco, 1926] (b) Not mentioned in the agreement
(c) Of such nature that it must be presumed that
Reason: buyers duty the buyer would not have bought it had he
to inspect remains been aware of it
despite false (d) Not recorded in the Registry of Property unless
representation by the there is an express warranty that the thing is
seller; he has the duty free from all burdens and encumbrances
to exercise due [Art.1560]
diligence.
IMPLIED WARRANTY AGAINST HIDDEN DEFECTS
IMPLIED WARRANTIES ART. 1547
Requisites for breach:
(1) The defect renders the thing sold unfit for the use
(TODS)
for which it was intended OR diminishes its
(1) Implied Warranty of Title
fitness for such use to such an extent that had the
(2) Implied Warranty against Encumbrance/Non-
buyer been aware thereof, he would not have
Apparent Servitudes
bought it or would have paid a lower price;
(3) Implied Warranty against Hidden Defects [Art.
(2) The defect is not patent or visible;
1547]
(3) The buyer is not an expert who, by reason of his
(a) Implied warranty as to Merchantable Quality
trade or profession, should have known the defect
and Fitness of Goods
(4) The seller is aware of the hidden fault or defect,
(b) Implied warranty against Redhibitory Defect
OR even if he is not aware thereof, if there is no
in the Sale of Animals [Art. 1572]
stipulation to the contrary [Arts.1561 &1566]
(c) Quality and Fitness of Goods in Sale by
Sample or Description
IMPLIED WARRANTY AS TO MERCHANTABLE QUALITY AND
(4) Other Warranties
FITNESS OF GOODS
IMPLIED WARRANTY OF TITLE
Merchantable Quality:
(1) Implied warranty arises by operation of law and (1) Where the goods are brought by description from
need not be stipulated in the contract of sale. a seller who deals in goods of that description
(2) Warranty of Sellers Right to Sell: Seller warrants [Art.1562]
his right to sell at the time the ownership is to (2) In a sale by sample, if the seller is a dealer in
pass. goods of that kind and the defect is not apparent
(a) Inapplicable to a sheriff, auctioneer, mortgagee, on reasonable examination of the sample
pledgee, or other person professing to sell by [Art.1566]
virtue of authority in fact or law. [Art. 1547]
(3) Warranty against Eviction: seller warrants that Fitness for a particular purpose:
buyer, from the time ownership passes, shall have (1) Where the buyer expressly or impliedly makes
and enjoy legal and peaceful possession of the known to the seller the particular purpose for
thing. Its requisites are: which the goods are acquired AND it appears
(a) Buyer is deprived of the whole or a part of the that the buyer relied on the sellers skill or
thing sold; judgment [Art.1562(1)]
(b) Eviction is by final judgment
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IMPLIED WARRANTY AGAINST REDHIBITORY DEFECT IN THE (following the general rule on rescission of
SALE OF ANIMALS (ART. 1572) contracts)
(2) Remedies:
Redhibitory defect- a hidden defect of animals of (a) Accept goods + demand diminution/
such nature that expert knowledge is not sufficient to extinction of price
discover it, even in a case where a professional (b) Accept goods + damages
inspection has been made (c) Refuse to accept goods + damages
(d) Rescind (Refuse to accept or return or offer to
No warranty in case of [Art. 1574]: return) + recover price paid
(a) Animals sold at fairs or public auctions (3) Rescission not available when buyer:
(b) Livestock sold as condemned (a) Knew of breach of warranty when he accepted
the goods without protest
The following sales are void [Art. 1575]: (b) Fails to notify the seller about election to
(a) Sale of animals suffering from contagious rescind within a reasonable period of time
diseases (c) Fails to return or offer to return the goods to
(b) Sale of animals unfit for the purpose for which the seller in substantially a good condition as
they are acquired as stated in the contract they were when delivered, unless deterioration
was due to breach of warranty
Veterinarian liable if he fails to discover or disclose (4) Measure of damages: Difference between value
the hidden defect through ignorance or bad faith [Art of goods at the time of delivery and the value they
1576] would have had if they had answered to the
warranty
Seller liable if animal dies within 3 days after its (5) Effects of rescission:
purchase due to a disease that existed at the time of (a) Buyer no longer liable for price
sale. [Art 1578] i. Entitled to the return of any part of price
paid, concurrently with or immediately after
EFFECTS OF WARRANTIES an offer to return the goods
(1) Natural tendency is to induce buyer to purchase (b) If seller refuses to accept offer to return
the subject matter goods: buyer deemed as bailee for seller and
(2) Buyer purchases subject matter relying thereon has right of lien to secure payment of part of
(3) Seller liable for damages in case of breach price paid
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(3) Resale may be in a private or public sale, making a down payment because the law
but seller cannot buy directly or indirectly. aims to protect improvident buyers who may
(4) For resale to be valid, buyer need not be be tempted to buy beyond their means. [Levy
notified of an intention to resell or the Hermanos vs. Gervacio, 1939]
time and place of the resale. (2) Lease of personal property with option to buy
(a) When lessor has deprived the lessee of the
Effects: possession or enjoyment of the thing (Ex.:
(1) Seller is no longer liable to the original When lessor files a complaint for replevin
buyer upon the contract of sale or for any against lessee)
profit made by the resale (b) Also applies when seller assigns his credit to
(2) Buyer at resale acquires good title as someone else
against the original owner Alternative Remedies of the unpaid seller under Recto
(3) In case resale is at a loss, seller is entitled Law
to recover the difference from the original (1) Specific Performance
buyer (2) Cancellation of sale: If vendee fails to pay 2 or
(4) Seller may recover damages from original more installments
buyer for breach of contract (a) When the seller cancels the sale by
repossessing the property sold, he is barred
(d) Special right to rescind: from exacting payment for its price.
RETURN of the title over the undelivered (3) Foreclosure of Chattel Mortgage: If vendee fails
goods to the seller, and right to recover to pay 2 or more installments
DAMAGES for breach of contract [Art. 1534] (a) If seller chooses this remedy, he shall have no
further action to recover any unpaid balance,
Available to unpaid seller who has a right of and any stipulation to the contrary shall be
lien or who has stopped the goods in transitu void
(b) What Art 1484 (3) prohibits is further action
When available: against the purchaser to recover any unpaid
(1) Seller expressly reserved his right to balance of the price; and although this Court
rescind in case buyer defaults has construed the word action to mean any
(2) Buyer has been in default in payment for judicial or extrajudicial proceeding by virtue of
an unreasonable time which the vendor may lawfully be enabled to
exact recovery of the supposed unsatisfied
Transfer of title shall not be held to have been balance of the purchase price from the
rescinded by the unpaid seller until he purchaser or his privy, there is no occasion at
manifests by notice to the buyer or some other this stage to apply the restrictive provision of
overt act an intention to rescind. the said article because there has not yet been
a foreclosure sale resulting in a deficiency.
(e) When the whole of the price has not been paid The payment of the sum of P1,250 of Sapinoso
or tendered; was a voluntary act on his part and did not
result from a further action instituted by
(f) When a bill of exchange or other negotiable Northern Motors. [Motors vs. Sapinoso, 1970]
instrument has been received as conditional (c) The purpose of the law is to remedy the
payment and the condition on which it was abuses committed in foreclosure of chattel
received has been broken by reason of the mortgages. It prevents mortgagees from
dishonor of the instrument, the insolvency of seizing the mortgaged property, buying it at
the buyer, or otherwise. foreclosure sale for a low price and then
bringing the suit against the mortgagor for a
deficiency judgment. The almost invariable
RECTO LAW: SALE OF MOVABLES ON result of this procedure was that the
INSTALLMENT ARTS. 1484-1486 mortgagor found himself minus the property
and still owing practically the full amount of
Applies in cases of: his original indebtedness. [Bachrach Motor
(1) Sale of movables in installment Co., Inc. v. Millan, 1935]
(a) The rule is intended to apply to sales of (d) Remedies are ALTERNATIVE, not cumulative,
movables, the price of which is payable in 2 or i.e. exercise of one bars exercise of the others.
more installments, but not to straight-term [Nonato vs. IAC, 1985]
sales where the price is payable in full, after
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(1) SALE OF IMMOVABLES (4) Seller may go to court for judicial rescission in
(a) PD 957, sec. 23, 24 lieu of a notarial act of rescission
Non-forfeiture of payments (5) During the grace period, buyer shall have the
(1) No installment payment made by the buyer right:
shall be forfeited in favor of the owner or (a) To sell or assign his rights, to be evidenced
developer of the condominium or subdivision in a notarial instrument
project, after due notice, when the buyer (b) To update his account
desists from paying due to the failure of the (c) To pay in advance any installment, or the
developer or owner to develop the project full unpaid balance of the price, without
according to the approved plans or within the any interest
time limit stated.
(2) Buyers Remedy: At his option, he may In the sale of immovables
reimburse the total amount paid including (1) Rescission for Anticipatory Breach [Art. 1591]
amortization interest with interest thereon at (a) Available when seller has reasonable
the legal rate grounds to fear the loss of the immovable
(3) If the buyer fails to pay the installments for property sold and its price
reasons other than the failure of the owner or (b) Example: Buyer destroys the building sold,
developer to develop the project, his rights there being no security therefor, and buyer
shall be governed by RA 6552. becomes insolvent
(c) Court has no discretion to compel the
(b) Maceda Law: Sale of Immovables on seller to wait for the expiration of the
Installment period to pay, or to grant the buyer more
time to pay
RA 6552: An Act To Provide Protection for Buyers (2) Specific Performance + Damages [Art. 1191]
of Real Estate on Installment Payments (a) Seller may choose between specific
performance and rescission, with damages
DOES not apply to: in either case
(1) Industrial lots (b) Court has discretion, for a just cause, to
(2) Commercial buildings give the buyer more time to pay even if the
(3) Sale to tenants under Agricultural Reform seller chooses rescission
Code [RA 3844] (3) Rescission + Damages [Art. 1191]
Imposes ADDITIONAL REQUIREMENTS FOR A (a) If seller chose specific performance, and
VALID RESCISSION: such becomes impossible, he may still
(1) If buyer has paid at least 2 years of avail of rescission
installments: (GRN) (b) If absolute sale, seller must make a
(a) Grace period: 1 month per year of demand for rescission
installment payments made. BUT buyer i. Judicially, OR
may only avail of it only once in every 5 ii. By a notarial act
years (c) Necessary even if automatic rescission is
(b) Refund of Cash Surrender Value (CSV): stipulated
50% of total amount paid + 5% for every (d) Effect of lack of demand: Buyer can still pay
year after the 1st 5 years of installments (e) Effect of demand: Court may not grant
i. BUT not greater than 90% of total buyer a new term
amount paid
(c) Notice of cancellation of demand for REMEDIES OF THE BUYER
rescission by notarial act is effective 30 General rule: Courts will refuse to decree specific
days from the buyers receipt thereof and performance with respect to chattels, because
upon full payment of CSV damages are a sufficient remedy
(2) If buyer has paid less than 2 years: (GN) Exception: Buyer is entitled to the specific thing
(a) Grace period: at least 60 days which to him has special value and which he cannot
(b) Notice of cancellation or demand for readily obtain in the market OR where damages
rescission by notarial act, effective 30 days would not furnish a complete and adequate remedy
upon receipt thereof [Baviera]
(3) Down payments, deposits, or options on the
contract shall be included in the total number (1) SALE OF MOVABLE
of installments made (1) Remedy for breach of obligation to preserve
If thing is lost
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CONVENTIONAL REDEMPTION ART. 1601 (c) Necessary and useful expenses made on the
thing sold
DEFINITION (2) Complying with any other stipulation agreed
(1) Vendor reserves the right to repurchase the thing upon, if any.
sold, with the obligation to comply with the
provisions of Article 1616 and other stipulations The general rule in redemption is that it is not
which may have been agreed upon. [Art 1601,CC] sufficient that a person offering to redeem manifests
(2) Available when the seller reserves the right to his desire to do so. The statement of intention must
repurchase the thing sold in the same instrument be accompanied by an actual and simultaneous
of sale as one of the stipulations of the contract tender of payment for the full amount of the
[Villarica v CA, 1968] repurchase price. [BPI Family Savings Bank, Inc. v.
Veloso, 2004]
PERIOD
General Rule: Follow period stipulated in contract, Tender of payment is enough (i.e., consignation is
but should not exceed 10 years. not necessary), if made on time, as a basis for action
(1) If no period stipulated, then it shall be four years against the buyer to compel him to resell. But that
from the execution of the contract tender does not in itself relieve the buyer from his
(2) But vendor may still exercise the right to obligation to pay the price when redemption is
repurchase within thirty days from the time final allowed by the court. [Paez v. Magno, 1949]
judgment was rendered in a civil action on the
basis that the contract was a true sale with right EFFECT OF REDEMPTION
to repurchase (1) The seller shall receive the thing free from all
charges or mortgages constituted by the buyer
BY WHOM EXERCISED BUT he shall respect leases executed by the
(1) Vendor buyer in good faith and in accordance with local
(2) His heirs, assigns or agents custom.
(3) Creditor, if he has exhausted the property of the (2) If there are growing fruits at the time of sale and at
vendor the time of redemption: no reimbursement or
(4) Co-owners of an immovable, if they sold their prorating if the buyer did not pay indemnity at the
interests to the same person, may only redeem time of sale
their respective shares (3) If there were no growing fruits at the time of sale,
(a) Vendee cannot be compelled to agree to a but some exist at the time of redemption: fruits
partial redemption prorated (buyer entitled to part corresponding to
(b) If the co-owners sold their interest to the same time he possessed the land in the last year,
person who previously bought the share of a counted from the anniversary of the date of sale)
co-owner subject to a right of redemption,
then the latter may be compelled to redeem EFFECT OF NON-REDEMPTION
the whole property Ownership is consolidated in the buyer BUT the
consolidation shall not be recorded in the Registry of
FROM WHOM TO REDEEM property without a judicial order, after the vendor has
(1) Vendee a retro been duly heard.
(2) His heirs, assigns or agents
(3) Subsequent purchaser of property, even if the RIGHT TO REDEEM VS. OPTION TO PURCHASE (VILLANUEVA)
right to redeem was not mentioned in the Right to Redeem Option to Purchase
subsequent contract; except if registered land,
where the right to redeem must be annotated on Not a separate contract Generally a principal
the title but part of a main contract and may be
(4) If several heirs, then the right of redemption can contract of sale, and created independent of
be exercised against each heir for his share of the cannot exist unless another contract
property reserved at the time of
the perfection of the
HOW EXERCISED
main contract of sale
(1) By returning the ff. to the buyer: (PEN) Does not need its Must have a
(a) Price of the sale; separate consideration consideration separate
(b) Expenses of the contract and other legitimate to be valid and effective and distinct from the
payments made by reason of the sale; purchase price to be
valid and effective [Arts.
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Right to Redeem Option to Purchase (3) Period of redemption extended (or granted anew)
upon or after the expiration of the right to
1324 and 1479] repurchase;
(4) Part of the purchase price retained by the seller;
The maximum period for The period of the option (5) Payment of taxes on the thing sold borne by the
the exercise of the right contract may be beyond seller;
to repurchase cannot the 10-year period (6) Any other case where it may be fairly inferred that
exceed 10 years the Real intention of the parties is for the
Requires in addition a May be exercised by transaction to secure a debt or other obligation.
tender of payment of the notice of its exercise to
amount required by law, the offeror FOR THE PRESUMPTION OF AN EQUITABLE MORTGAGE TO
including consignment ARISE UNDER ART. 1602, 2 REQUISITES MUST CONCUR
thereof if tender of (MOLINA V. CA, 2003)
payment cannot be (1) That the parties entered into a contract
made effectively on the denominated as a contract of sale, and
buyer (2) That their intention was to secure an existing
debt by way of a mortgage.
EQUITABLE MORTGAGE ARTS. 1602-1604
Definition: An equitable mortgage is defined as one In case of doubt, a contract purporting to be a sale
which, although lacking in some formality, or form or with right to repurchase shall be construed as an
words, or other requisites demanded by a statute, equitable mortgage [Art. 1603]
nevertheless reveals the intention of the parties to
charge real property as security for a debt, and RATIONALE BEHIND PROVISION ON EQUITABLE MORTGAGE
contains nothing impossible or contrary to law. (1) Circumvention of usury law
[Molina v. CA, 2003] (2) Circumvention of prohibition against pactum
commissorium creditor cannot appropriate the
The Valdehuezas having remained in possession of things given by way of pledge or mortgage since
the land and the realty taxes having been paid by remedy is foreclosure.
them, the contracts which purported to be pacto de
retro transactions are presumed to be equitable
REMEDIES OF APPARENT VENDOR
mortgages, whether registered or not, there being no
(1) If the instrument does not reflect the true
third parties involved. [Tan v. Valdehueza, 2003]
agreement: remedy is reformation
(2) If decreed to be an equitable mortgage: any
A pactum commissorium is a stipulation enabling the
money, fruits or other benefit to be received by
mortgagee to acquire ownership of the mortgaged
the buyer as rent or otherwise considered as
properties without need of foreclosure proceedings
interest.
which is a nullity being contrary to the provisions of
(3) If decreed as a true sale with right to purchase:
Article 2088 of the Civil Code. The inclusion of such
seller may redeem within 30 days from finality of
stipulation in the deed shows the intention to
judgment, even if the period for redemption has
mortgage rather than to sell. [Legaspi v. Spouses
expired.
Ong, 2005]
PERIOD OF REDEMPTION ART. 1606
A pactum commissorium is contrary to the nature of
a true pacto de retro sale since ownership of the Art. 1606. The right referred to in Article 1601, in the
property sold is immediately transferred to the absence of an express agreement, shall last four
vendee a retro upon execution of the sale, subject years from the date of the contract.
only to the repurchase of a vendor a retro within the
stipulated period. Should there be an agreement, the period cannot
exceed ten years.
DISTINGUISHED FROM OPTION TO BUY ART.
1602 However, the vendor may still exercise the right to
repurchase within thirty days from the time final
PRESUMPTION THAT A CONTRACT IS AN EQUITABLE judgment was rendered in a civil action on the basis
MORTGAGE ARISES WHEN (5P-R) ART. 1602 that the contract was a true sale with right to
(1) Price unusually inadequate; repurchase.
(2) Possession retained by the seller as lessee or
otherwise;
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the roads, gutters, drainage, sewerage, water system, (2) Payment of prescribed fee
lighting systems, and full development of the (3) Filing of bond or other security (amount fixed by
subdivision project or the condominium project and NHA) conditioned upon his faithful compliance
the compliance by the owner or dealer with the with provisions of PD 957
applicable laws and rules and regulations. The bond
shall be executed in favor of the Republic of the When registration of DBS terminates
Philippines and shall authorize the Authority to use (1) Termination of employment with dealer or broker
the proceeds thereof for the purposes of its (2) Expiration (31st day of Dec each year)
undertaking in case of forfeiture as provided in this
Decree. Registration of DBS may be renewed not less than
30 nor more than 60 days before Jan 1 and by
When license to sell and performance bond not payment of fee. If renewal is not within said period, it
required [Section 7, PD 957] shall be treated as an original application.
A license to sell and performance bond shall not be
required in any of the following transactions: Revocation of registration as DBS [Section 12, PD 957]
(a) Sale of a subdivision lot resulting from the Grounds
partition of land among co-owners and co-heirs. (1) Has violated any provision of this Decree or any
(b) Sale or transfer of a subdivision lot by the original rule or regulation made hereunder; or
purchaser thereof and any subsequent sale of the (2) Has made a material false statement in his
same lot. application for registration; or
(c) Sale of a subdivision lot or a condominium unit by (3) Has been guilty of a fraudulent act in connection
or for the account of a mortgagee in the ordinary with any sale of a subdivision lot or condominium
course of business when necessary to liquidate a unit; or
bona fide debt. (4) Has demonstrated his unworthiness to transact
the business of dealer, broker, or salesman, as
Grounds for suspension of license to sell [Section 8, the case may be.
PD 957] The NHA may suspend the DBS' registration pending
(1) misleading, incorrect, inadequate, or incomplete hearing of the case. The suspension or revocation of
information in registration statement the registration of a dealer or broker (DB) shall carry
(2) fraud upon prospective buyers on the sale or with it all the suspension or revocation of the
offering for a sale registration of all his salesmen (S).
Note: suspension is confidential unless orer of
suspension has been violated. Characteristics of sale of a condominium or
subdivision unit and similar contracts
Grounds for revocation of registration certificate and (1) Contracts to sell, deeds of sale, and other similar
license to sell [Section 9, PD 957] instruments must be registered with the Register
(1) Insolvency of owner/dealer of Deeds
(2) Violation of owner of PD 957 or its IRR or any (2) Mortgages on unit or lot by owner/developer
undertaking of his/its performance bond needs prior written approval by NHA for the
(3) Has been or is engaged or is about to engage in protection of buyers
fraudulent transactions (3) Advertisements by owner of developer become
(4) Misrepresentation in any prospectus, brochure, part of sales warranties enforceable against
circular or other literature about the subdivision owner or developer
project or condominium project that has been (4) No forfeiture of installments already paid by
distributed to prospective buyers buyer if buyer stops paying because of failure by
(5) Bad business repute of owner/dealer owner or developer to develop subdivision or
(6) Does not conduct his business in accordance with condominium
law or sound business principles (5) Failure to pay installments governed by Maceda
Law [RA 6552]
Requirement for Dealers, Brokers, and Salesmen (6) Title is issued to the buyer upon full payment
(DBS) (7) Realty tax is paid by owner or developer while not
Registration fully paid; but if the buyer occupies the unit/lot,
the owner/developer may recover the taxes from
Dealers, brokers, and salesmen (DBS) must be the buyer
registered (Section 11, PD 957) (8) Owner or developer cannot demand any other
Requisites of registration: charges allegedly for community benefit (may be
(1) Good reputation and compliance with NHA rules done by homeowner's association)
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(c) The lien may be enforced by any condominium POWER OF ATTORNEY HELD BY CORPORATION
owner or by the management body of the project IN CASE OF VOLUNTARY DISSOLUTION OF
CONDOMINIUM CORPORATION [SECTION 15]
ASSESSMENT IN ACCORDANCE WITH The condominium corporation is deemed to hold a
DECLARATION OF RESTRICTIONS [SECTION 20] power of attorney from all members/stockholders to
This is the "tax imposition power" of the sell and dispose of their separate interests in the
condominium corporation. If unpaid, the project. To liquidate, the condominium corporation
management body may cause a notice of will sell the entire project as if it owned the whole
assessment to be registered with the Register of project itself, subject to the corporate and individual
Deeds, which may be released only upon payment of condominium creditors.
the assessed fees. This lien is superior to all other
subsequent liens except real property taxes liens and SALE, EXCHANGE, LEASE, OR DISPOSITION BY
other liens provided for in the declaration of CORPORATION OF THE COMMON AREAS
restrictions. [SECTION 16]
Generally not allowed unless authorized by
HOW LIEN ENFORCED AFTER NON-PAYMENT affirmative vote of all of the stockholders/members.
OF ASSESSED FEES [SECTION 20]
Judicial or extra-judicial foreclosure of real property STOCKHOLDER/MEMBER DEMANDING
mortgages, where the management body may bid PAYMENT FOR SHARES OR INTEREST AKA
unless disallowed by the declaration of restrictions. APPRAISAL RIGHT [SECTION 17]
By-laws of the condominium corporation shall
CONTENTS OF A DECLARATION OF provide that any shareholder/member demanding
RESTRICTIONS [SECTION 9] payment for his share or interest must also consent to
(1) Provisions for the management of the project by sell his separate interest in the project to the
any of the ff bodies: corporation or any buyer of the corporation's choice.
(a) Condominium corporation
(b) Association of condominium owners REQUIREMENTS FOR REGISTRATION OF
(c) Board of governors elected by condominium CONVEYANCE WITH THE REGISTER OF DEEDS
owners [SECTION 18]
(d) Management agent elected by the owners or (1) Certificate of the management body of the
by the board named in the declaration project that the conveyance is in accordance with
(2) Provisions for voting majorities quorums, notices, the declaration of restrictions
meeting date, and other rules governing such
body or bodies REALTY TAX ON CONDOMINIUMS [SECTION 25]
(3) Powers of the management body Each condominium separately owned shall be
(4) Maintenance of insurance policies (fire, casualty, separately assessed, for purposes of real property
workmen's compensation, etc) taxation and other tax purposes to the owners
(5) Maintenance, utility, gardening and other services thereof and the tax on each such condominium shall
for the common areas constitute a lien solely thereon.
(6) Amendment of the restrictions
(7) Reasonable assessment to meet expenditures
(8) And many other provisions - the common thread
is the management and maintenance of the
common areas and the manner of exercise of the
management body's powers
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