Professional Documents
Culture Documents
When Republication Is Not Needed in Cases of Amended Petition For Registration
When Republication Is Not Needed in Cases of Amended Petition For Registration
REGISTRATION
A subsequent republication is not needed after an amendment of the petition in order
to conform to the technical description in the petition for registration or a reduction of
the area specified in the original petition (Republic vs. San Mateo, G.R. No. 203560,
November 10, 2014).
PREJUDICIAL QUESTION
Requisites: (1) the civil case involves facts intimately related to those upon which the
criminal prosecution would be based; (2) in the resolution of the issue or issues raised in
the civil action, the guilt or innocence of the accused would necessarily be determined
(Ty-de Zuzuarregui vs. Hon. Villarosa, G.R. No. 183788, April 5, 2010).
PRETERITION
For preterition to apply there must be a total omission of the compulsory heirs in the
direct line so as to deprive him/her of his/her legitime; the omission must be total and
complete in character in such a way that the omitted compulsory heir did not and has
not received anything from the testator by any title whatsoever (Art. 814, NEW CIVIL
CODE; Nuguid vs Nuguid, G.R. No. L-23445, June 23, 1966; Aznar vs. Duncan, G.R. No. L-
24365, June 30, 1966)
FIDEICOMISSARY SUBSTITUTION
Requisites: (1) the first heir is strictly mandated to preserve the property and to transmit
the same later to the second heir, (2) there is an obligation clearly imposing upon the
first heir the preservation of the property and its transmission to the second heir. Under
Article 863, the second heir or the fideicommissary to whom the property is transmitted
must not be beyond one degree from the first heir or the fiduciary (Rabadilla vs. Court
of Appeals, G.R. No. 113725, June 29, 2000).
RESERVA TRONCAL
The persons involved in reserva troncal are: (1) The ascendant or brother or sister (origin)
from whom the property was received by the descendant by lucrative or gratuitous
title; (2) The descendant or prepositus (propositus) who received the property; (3) The
reservoir (reservista), the other ascendant who obtained the property from the
prepositus by operation of law; and (4) The reservee (reservatario) who is within the third
degree from the prepositus and who belongs to the (linea o tronco) from which the
property came and for whom the property should be reserved by the reservor. First
cousins of the descendant/prepositus are fourth degree relatives and cannot be
considered reservees/reservatarios (Mendoza vs. Delos Santos, G.R. No. 176422, March
20, 2013)
Emergency rule
One who suddenly finds himself in danger and acts without time to consider the
best means to avoid the impending danger, is not guilty of negligence if he fails
to adopt what could have been a better method, unless the emergency is
brought about by his own negligence (Gan v. Court of Appeals, G.R. No. L-
44264, September 19, 1988)
PREJUDICIAL QUESTION
Requisites: (1) the civil case involves facts intimately related to those upon which the
criminal prosecution would be based; (2) in the resolution of the issue or issues raised in
the civil action, the guilt or innocence of the accused would necessarily be determined
(Ty-de Zuzuarregui vs. Hon. Villarosa, G.R. No. 183788, April 5, 2010).
PRETERITION
For preterition to apply there must be a total omission of the compulsory heirs in the
direct line so as to deprive him/her of his/her legitime; the omission must be total and
complete in character in such a way that the omitted compulsory heir did not and has
not received anything from the testator by any title whatsoever (Art. 814, NEW CIVIL
CODE; Nuguid vs Nuguid, G.R. No. L-23445, June 23, 1966; Aznar vs. Duncan, G.R. No. L-
24365, June 30, 1966)
FIDEICOMISSARY SUBSTITUTION
Requisites: (1) the first heir is strictly mandated to preserve the property and to transmit
the same later to the second heir, (2) there is an obligation clearly imposing upon the
first heir the preservation of the property and its transmission to the second heir. Under
Article 863, the second heir or the fideicommissary to whom the property is transmitted
must not be beyond one degree from the first heir or the fiduciary (Rabadilla vs. Court
of Appeals, G.R. No. 113725, June 29, 2000).