PART I.
GENERAL PRINCIPLES GR: Penal laws and those of public security and safety shall
I. Effect and Application of Laws
The Civil Code took effect on August 30, 1950
WHEN LAWS TAKE EFFECT (Art. 2)
The clause "unless it is otherwise provided" refers to the
date of effectivity and not to the requirement of publication.
EXCEPTION: interpretative regulations and those which are
internal in nature.
(Art. 3)
Conclusive Presumption – that everyone knows the law,
even if they have no actual knowledge of the law
Mistake of Fact & Difficult Questions of Law - these may
excuse a party from the legal consequences of his conduct;
but not ignorance of law
The laws referred to by this article are those of the
Philippines. There is no conclusive presumption of
knowledge of foreign laws.
RETROACTIVITY OF LAWS (Art. 4)
Laws shall have no retroactive effect, unless the contrary is
provided.
GR: All statutes are to be construed as being prospective in
operation
EXC:
(1) When the law itself expressly provides
Exceptions to Exception:
(a) Ex post facto law
(b) Impairment of contract
(2) In case of remedial statutes
(3) In case of curative statutes
(4) In case of laws interpreting others
(5) In case of laws creating new rights [Bona v.
Briones (1918)]
(6) Penal Laws favorable to the accused
WAIVER OF RIGHTS (Art. 6)
Waiver – the relinquishment of a known right with both
knowledge of its existence and an intention to relinquish it.
EXC:
(1) If the waiver is contrary to law, public order, public policy,
morals or good customs
(2) If the waiver prejudices a third person
(3) If the alleged rights do not yet exist
(4) If the right is a natural right
REPEAL OF LAWS (Art. 7)
Kinds of Repeal of Law [Tolentino]
(1) Express or Declared – contained in a special provision of
a subsequent law
(2) Implied or Tacit – takes place when the provisions of the
subsequent law are incompatible or inconsistent with those
of an earlier law.
DUTY TO RENDER JUDGMENT (Art. 9)
EXC: This article does not apply to criminal prosecutions
because where there is no law punishing an act, the case
must be dismissed.
LEGAL PERIODS (Art. 13)
Policy on last day being a Sunday:
(a) If the period arises by statute or orders by the
government, the last day will automatically be considered
the next working day
(b) If the period arises from a contractual relationship, the
act will still be due on that Legal Holiday/Sunday
APPLICABILITY OF PENAL LAWS (Art. 14)
be obligatory upon all who live or sojourn in the Philippine
territory.
Exemptions under International Law (THEORY OF
EXTRATERRITORIALITY):
(1) When the offense is committed by a foreign sovereign
while in Philippine territory
(2) When the offense is committed by diplomatic
representatives
(3) When the offense is committed in a public or armed
vessel of a foreign country.
CONFLICT OF LAWS
(a) It is a branch or part of Philippine Law which regulates
the application of foreign law within
Philippine jurisdiction in the resolution of cases
Involving foreign elements.
(b) It is that part of municipal law which governs cases
involving a foreign element.
(c) Private International Law is more commonly known in
other jurisdictions as conflict of laws
SOURCES
(1) Codes and statutes
(2) Treaties and international conventions
(3) Treatises, commentaries, and studies of learned societies
(4) Judicial decisions
Nationality Theory (Art. 15)
It is the nationality or citizenship of the individual, which
regulates the following:
(a) Civil status
(b) Capacity
(c) Condition
(d) Family rights and duties
(e) Laws on Succession
(f) Capacity to succeed
 RULE ON PROPERTY
Controlling Law — Lex Situs/Lex Rei Sitae
GR: Real and Personal Property is subject to the law of the
country where it is situated (Art. 16)
Application of the Doctrine of Lex Situs/Lex Rei Sitae:
(1) The capacity to transfer or acquire property is governed
by Lex Situs.
Note: Transfer of property to a foreigner who subsequently
became a Filipino citizen shall be recognized [Llantino v Co
Liong Chong]
(2) The formalities of a contract to convey property are
governed by Lex Situs
EXCEPTIONS TO LEX SITUS
(1) Transactions Not Affecting Transfer of Title or Ownership
of Land: Lex Intentionis or Lex
Voluntatis
(2) Contracts where Real Property Offered as Security: The
principal contract is the loan while the mortgage of the land
is only an accessory
(a) Mortgage - Lex Situs
(b) Loan Contract - Rules on ordinary contracts
(3) Intestate and Testamentary Succession:
Intestate and testamentary successions shall be regulated
by the national law of the decedent, with respect to the
following (Art. 16(2); Art. 1039)
(a) Order of succession
(b) Amount of succession rights
(c) Intrinsic validity of the testamentary provisions
(d) Capacity to succeed
(4) Under a Policy-centered Approach:
Forum court is not bound to look to the law of the situs when
the situs of the movable property is insignificant or
accidental
 (a) Questions relating to the validity and effect of the
transfer of the movable property are governed by the law of
the place of principal use
(b) Where the issue involves considerations other than the
validity and effect of the transfer itself, governing law is the
law of the state which has real interest.
 RULE ON SUCCESSION
Extrinsic Validity (Arts. 17, 815-817, CC)
Intrinsic Validity (Art. 16(2); Art. 1039)
Interpretation of Wills
- Governed by the National Law of the decedent.
Probate of wills
- The probate of a will being essentially procedural in
character, the law of the forum (lex fori) governs.
Wills Proved and Allowed in a Foreign Country
(1) A will proved and allowed in a foreign country in
accordance with the laws of that country may be allowed,
filed, and recorded in the proper
Regional Trial Court in the Philippines (Rules of Court, Rule
77, Sec.1)
(2) Requisites for Reprobate [Vda de Perez v Tolete, 232
SCRA 722]
The following must be proved by competent evidence:
(a) due execution of the will in accordance with the foreign
laws
(b) the testator had his domicile in the foreign country and
not in the Philippines
(c) the will has been admitted to probate in such country
(d) the laws of the foreign country on procedure and
allowance of wills
Administration of Estates
Territorial: governed by the law of the place where the
administration takes place, and that is the law of the country
from which the administrator derives his authority.
Trusts
Extrinsic validity: Rule governing wills
Intrinsic validity: lex situs since a trust involves property (Art.
17)
 RULE ON EXTRINSIC VALIDITY OF CONTRACTS
GR: Lex Loci Celebrationis (Art. 17)
EXCEPTIONS:
(1) Contracts Before Diplomatic/ Consular Officials:
The solemnities established by Philippine laws shall be
observed with respect to contracts executed before
diplomatic or consular officials of the Republic of the
Philippines in a foreign country (Art. 17(2), CC)
(2) Contracts entered Into by Letter/ Cablegram, etc.:
A contract accepted by letter or cablegram is presumed to
have been entered into the place where the offer was made.
(Art. 1319(2))
Three possible laws:
(1) Lex Loci Contractus
- Law of the place where the contract is made
- Merits:
(a) Relative ease in establishing
(b) Certainty and stability
- Demerit: Unjust results when place of making is entirely
incidental
Note: To determine where the contract is made, we consider
the place where the last act necessary to bring the binding
agreement into being was made.
(2) Lex Loci Solutionis
- Law of the place of performance governs
- Merit: Always connected to the contract in a significant
way
Demerit: Not helpful when the contract is performed in 2
or more states with conflicting laws
(3) Lex Loci Intentionis (Art. 1306)
- Law intended by the parties
- May be express or implied
(a) Express - when the parties stipulate that the contract be
governed by a specific law, such law will be recognized
unless there are cogent reasons for not doing so.
(b) Implied
(i) Based on the contemporaneous and subsequent acts
of the parties
(ii) Often upheld with reference to the rule of validity of
contracts which presumes that the parties contemplate to
enter into a valid contract
SPECIAL CONFLICT OF LAW RULES
MARRIAGE
Extrinsic Validity
Art. 2, Hague Convention. Formal requirements for marriage
are governed by the law of the state of celebration.
GR: Lex Loci Celebrationis (Art. 17)
EXC: The following marriages are void even if valid in the
country where celebrated (Art. 26, FC):
(a) Those contracted by any party below 18 years of age
even with the consent of parents or guardians (Art. 35(1), FC)
(b) Bigamous or polygamous marriages not falling under Art.
41, FC (Art. 35 (4), FC)
(c) Those contracted thru mistake of one contracting party
as to the identity of the other (Art. 35(5), FC)
(d) Those subsequent marriage without recording in the civil
registry the judgment of annulment or declaration of nullity,
partition and distribution of properties and the delivery of
the children’s presumptive legitimes (Art. 35(6), FC)
(e) A marriage contracted by any party who, at the time of
the celebration, was psychologically incapacitated to comply
with the essential marital obligations of marriage, even if
such incapacity becomes manifest only after solemnization
(Art. 36, FC)
(f) Incestuous marriages (Art. 37, FC)
Intrinsic Validity of Marriage
- refers to capacity of a person to marry
(1) Intrinsic validity is determined by the parties’ personal
law, which may be their domiciliary or national law.
When either or both of the contracting parties are citizens
of a foreign country, it shall be necessary for them before a
marriage license can be obtained to submit a certificate of
legal capacity to contract marriage, issued by their
respective diplomatic or consular officials (Art.
21, FC)
Marriages enumerated under Art. 26(2), FC are void even if
valid in the country where celebrated.
(2) Intrinsic requirements of marriage under
Philippine Law (Art. 2, FC)
(3) The Hague Convention on Validity of Marriages allows a
contracting state to refuse recognition of the marriage in the
ff. cases:
(a) One of the parties did not freely consent
(b) Spouses were related, by blood or adoption
(c) One of the parties did not have the mental capacity to
consent
(d) One of the spouses was already married
(e) One of the parties has not attained the
Minimum age, nor acquired the necessary dispensation
Rule on Proxy Marriages:
(a) Proxy marriages, where permitted by the law of the place
where the proxy participates in the marriage ceremony, are
entitled to recognition in countries adhering to the lex loci
celebrationis rule, at least insofar as formal validity is
concerned
(b) Internal Philippine law, however, does not sanction proxy
marriages
Consular Marriages
Marriages between Filipino citizens abroad may be
solemnized by a consul-general, consul or vice consul of the
Republic of the Philippines (Art. 10,
FC).
Governing Law
(1) Lex loci celebrationis —determines the consequences of
any defect as to form
(2) In general, the same applies with reference to
substantive or intrinsic validity. But with regard to capacity
of the parties to marry, national law is determinative.
II. Human Relations

Effects of Marriage ACTS CONTRARY TO LAW (Art. 20)

(1) Personal relations between the spouses ACTS CONTRA BONUS MORES (Art. 21)
(a) Governed by the national law of the parties
If the spouses have different nationalities, generally the Breach of promise to marry is not an actionable wrong BUT
national law of the husband may prevail as long as it is not damages may be recoverable.
contrary to law, customs and good morals of the forum.
(b) Under Philippine law, personal relations between the PRINCIPLE OF UNJUST ENRICHMENT (Art. 22)
spouses include (Arts. 68, 70-71,
FC) Art. 22 (Accion in Rem Art. 2154
(i) mutual fidelity Verso) (Solutio Indebiti)
(ii) respect Not necessarily a Payment should be
(iii) cohabitation mistake in payment made by mistake
(iv) support
(v) right of the wife to use the husband’s family name PART II. PERSONS AND FAMILY RELATIONS
(2) Property relations I. Persons and Personality (Civil Code)
(a) The Hague Convention declares that the governing law
on matrimonial property is: CAPACITY TO ACT
(i) The internal law designated by the spouses before CIVIL PERSONALITY (Art. 37)
the marriage Juridical Capacity Capacity to Act
(ii) In the absence thereof, the internal law of the state
Fitness of man to be the Power to do acts with
in which the spouses fix their habitual residence
subject of legal relations legal effect
(b) Rule under Philippine law (Art. 80, FC)
Passive Active
(c) Doctrine of Immutability of Matrimonial
Aptitude for the Holding Aptitude for the Exercise
Property Regime:
and Enjoyment of rights of rights
The change of nationality on the part of the husband or wife
Inherent in every natural Must be acquired
does not affect the original property regime EXCEPT when
person
the law of the original nationality itself changes the marital
regime, hence, the property regime has to change Lost upon death Lost through death and
accordingly. other causes
Can exist without Must exist with juridical
DIVORCE AND SEPARATION capacity to act capacity
Rule under the Hague Convention Cannot be limited or May be restricted or
The granting of divorce or separation must comply with the restricted limited
national law of the spouses and lex fori (law of the place
where the application for divorce is made).
Divorce Decrees Obtained by Filipinos Note: Juridical capacity can exist even without capacity to
GR: Decrees of absolute divorce obtained by Filipinos abroad act; the existence of the latter implies that of the former.
have no validity and are not recognized in Philippine
Jurisdiction. RESTRICTIONS ON CAPACITY TO ACT (Arts. 38, 39)
Statutory Bases (Arts. 15, 17(3) CC) GR: Incapacitated persons are not exempt from certain
EXC: (Art. 26(2), FC) obligations arising from his acts or property relations.

Validity of Foreign Divorce Between Foreigners Minority

(1) A foreign divorce will be recognized in all contracting
states if, at the date of the institution of the proceedings
(Hague Convention on the
Recognition of Divorce and Legal Separation):
(a) either spouse had his habitual residence there;
(b) both spouses were nationals of that state; or
(c) if only the petitioner was a national, he should have his
habitual residence there
(2) While there is no provision of law requiring
Philippine courts to recognize a foreign divorce decree
between non-Filipinos such will be recognized under the
principle of international comity, provided that it does not
violate a strongly held policy of the Philippines.
ANNULMENT AND DECLARATION OF NULLITY
Jurisdiction to Annul
(1) Vested in the court of the domicile of the parties
(2) Jurisdiction over the non-resident defendant is not
essential
RA 6809 (1989): An act lowering the age of majority from
twenty-one to eighteen years.
Effects on Contracts
(1) They cannot give consent to a contract (Art. 1327 (1)
(2) A contract where one of the parties is a minor is voidable
(Art. 1390(1))
(3) A contract is unenforceable when both of the parties are
minors (incapable of giving consent)
(Art. 1403(3))
(4) Minority cannot be asserted by the other party in an
action for annulment (Art. 1397)
(5) Not obliged to make restitution except insofar as he has
been benefited (Art. 1399)
(6) Minor has no right to demand the thing/price voluntarily
returned by him (Art. 1426)
(7) Minor has no right to recover voluntarily paid sum or
delivered thing, if consumed in good faith (Art. 1427)
(8) Must pay reasonable amount for necessaries delivered
to him (Art. 1489)
Effects on Marriage
(1) May not yet contract marriage (Art. 5, FC).
(2) Marriages, where one of the parties is below 18, even
with the consent of parents/guardians, are VOID (Art. 35, FC)
Insanity
Insanity includes many forms of mental disease, either
inherited or acquired. A person may not be insane but only
mentally deficient (idiocy, imbecility, feeble-mindedness).
Effect on Contracts
(1) Incapacity to give consent to a contract (Art.
1327(2))
(2) Contracts entered into during lucid intervals are valid (Art.
1328)
(3) Restitution of benefits (Art. 1399)
(4) Voidable if one of the parties is insane (Art. 1390)
(5) Unenforceable if both of the parties are insane (Art. 1403
(3))
Effect on Crimes
(1) GR: EXEMPTED from criminal liability
(2) EXC: Acted during lucid interval
Effect on Marriage
(1) May be annulled if either party was of unsound mind
unless the such party after coming to reason, freely
cohabited with the other (Art. 45(2), FC)
(2) Action for annulment of marriage must be filed by the
sane spouse who had no knowledge of the other’s insanity,
or by any relative/guardian of the insane before the death of
either party; or by the insane spouse during a lucid interval
or after regaining sanity (Art. 47(2), FC)
State of Being Deaf-Mute
(1) Cannot give consent to a contract if he/she also does not
know how to write (Art. 1327(2), CC)
(2) Can make a valid WILL, provided: he must personally read
the will. The contents of the same have either been read
personally by him or otherwise communicated to him by 2
persons
(Art. 807, CC)
(3) Cannot be a witness to the execution of a will (Art. 820,
CC)
(4) Voidable if one of the parties is deaf-mute and does not
know how to write
(5) Unenforceable if both of the parties are deafmutes and
does not know how to write
Prodigality
Martinez v. Martinez, (1902):
A spendthrift or a prodigal is “a person, who, by excessive
drinking, gambling, idleness or debauchery of any kind shall
so spend, waste or lessen his estate as to expose himself or
his family to want or suffering.”
Note: It is not the circumstance of prodigality, but the fact of
being under guardianship that restricts capacity to act.
Civil interdiction
(1) It is an accessory penalty imposed upon persons who are
sentenced to a principal penalty not lower than reclusion
temporal (Art. 41, RPC).
(2) Offender is deprived of rights of parental authority, or
guardianship, of marital authority, of the right to manage his
property and of the right to dispose of such (Art. 34, RPC)
(3) For the validity of marriage settlements, the participation
of the guardian shall be indispensable (Art. 123)
Family relations
(1) Justifying circumstance if acted in defense of
person/rights of spouse, ascendants, descendants,
brothers/sisters, and other relatives up to the 4th civil
degree (Art. 11(2), RPC)
(2) Mitigating circumstance if acted in the immediate
vindication of a grave offense/felony committed against his
spouse, ascendants or relatives of the same civil degree (Art.
13(5), RPC)
(3) Incestuous and void marriages:
(a) Between ascendants and descendants of any degree;
(b) Between brothers and sisters, whether full or half-
blood. (Art. 37, FC)
(4) Donations/grants of gratuitous advantage between
spouses during the marriage shall be
VOID, except moderate gifts during family occasions (Art. 87,
FC)
(5) Descendants cannot be compelled to testify in a criminal
case, against his parents and grandparents
(a) UNLESS: crime was against the descendant
OR by one parent against the other (Art. 215,
FC)
(6) Spouses cannot sell property to each other, except:
(a) Absolute separation is agreed upon in the marriage
settlements
(b) Judicial separation of property (Art. 1490)
Absence (Arts. 390, 391)
Article 124, FC:
(1) Administration and enjoyment of the CPG shall belong to
both spouses jointly.
(2) In case of disagreement, husband’s decision shall prevail,
subject to recourse to the court by the wife for proper
remedy (within 5 years from date of contract implementing
such decision)
(3) If one spouse is incapacitated/unable to administer, sole
powers of administration may be assumed by the other
spouse.
(4) GR: This power does not include
disposition/encumbrance.
EXC: Judicial authority or written consent of other spouse.
Birth
GR: Birth determines personality (Art. 40).
Death extinguishes civil personality (Art. 42).
EXC: A “conceived child shall be considered born for all
purposes that are FAVORABLE to it, provided it be born later”
(Art. 40, 2nd clause) with the following circumstances:
Intra-Uterine Life When Considered Born
7 months or more Alive upon delivery
Less than 7 months Alive only after
completion of 24 hours
from delivery
Birth = complete removal of the fetus from the mother’s
womb; before birth, a fetus is merely part of the mother’s
internal organs.
Personality of Conceived Child
(1) Limited = only for purposes FAVORABLE to it.
(2) Conditional = it depends upon the child being born alive
later.
Period of Conception = the first 120 days of the 300 days
preceding the birth of the child.
A conceived child can acquire rights while still in the
mother’s womb. It can inherit by will or by intestacy.
Geluz v CA, (1961):
An aborted fetus had conditional personality but never
acquired legal rights/civil personality because it was not
alive at the time of delivery from the mother’s womb. No
damages can be claimed in behalf of the unborn child.
Complete respiration = test/sign of independent life
 The Family Code took effect on August 3, 1988.
Death (Art. 42)
Criminal liability ends with death BUT civil liability may be Marriage
charged against the estate [People v. Tirol, (1981)]. NATURE OF MARRIAGE, ART. 1

(Art. 43). Note: Article 43 provides a statutory presumption KINDS OF REQUISITES

when there is doubt on the order of death between persons (1) Essential Requisites (Art. 2)
who are called to succeed each other (only). (a) Legal Capacity of the contracting parties, who must be
a male and a female
Compare Art. 43 with Rule 131, Sec. 3 (jj), presumption of (b) Consent (of the parties) freely given in the presence of
Survivorship. a solemnizing officer.
(2) Formal Requisites (Art. 3)
Art. 43 Rule 131, Sec. 3 (jj), (a) Authority of solemnizing officer
Only use the presumptions when there are no facts to get (b) A valid marriage license
inferences from (c) Except: Marriages in articulo mortis or when one or
Only use for succession Cannot be used for both parties are at the point of death
purposes succession purposes (d) Marriage Ceremony:
In any circumstance Only during death in (i) Appearance of contracting parties in the presence
calamities, wreck, battle or of a solemnizing officer
conflagration (ii) Personal declaration that they take each other as
husband and wife in the presence of not less than 2
Presumption of Survivorship in the Rules of Court (Rule 131, witnesses
sec. 3, (jj.)
Absence of requirement – VOID
Age Presumed Survivor Defect or irregularity of requirement – VOIDABLE
Both under 15 Older
Both above 60 Younger ESSENTIAL REQUISITES
One under 15, the other One under 15 Age
Legal Capacity (Art. 5)
above 60
Male or female 18 years old and above, not under any
Both over 15 and under Male
impediments mentioned in Art. 37 (incestuous marriage) &
60; different sexes
Art. 38 (marriage against public policy), may contract
Both over 15 and under Older
marriage.
60; same sex
One under 15 or over One between 15 and 60
“Must be male and female”
60, the other between
“Consent freely given”
those ages
People v. Santiago, (1927): A marriage entered into by a
person whose real intent is to avoid prosecution for rape is
DOMICILE AND RESIDENCE OF PERSON void for total lack of consent. The accused did not intend to
FOR NATURAL PERSONS:
be married. He merely used such marriage to escape
The place of their habitual residence (Art. 50) criminal liability.
FOR JURIDICAL PERSONS: Ceremony
The place where their legal representation is established, or
Marriage Ceremony
where they exercise their primary functions, unless there is No prescribed form or religious rite for the solemnization of
a law or other provision that fixes the domicile (Art. 51)
marriage is required. (Art. 6)
The couple's written agreement where they declare
DOMICILE VS. RESIDENCE themselves as husband and wife, signed by them before a
While domicile is permanent (there is intent to remain),
judge and two capable witnesses, even though it was
residence is temporary and may be changed anytime (there independently made by them, still counts as a valid
is no necessary intent to remain).
ceremony. [Martinez v Tan, (1909)]
REQUISITES OF DOMICILE [Callejo v. Vera]
Minimum requirements prescribed by law:
(1) Physical Presence in a fixed place (1) Appearance of contracting parties personally before the
(2) Intent to remain permanently (animus manendi)
solemnizing officer (Art. 3)
(2) Personal declaration that they take each other as
KINDS OF DOMICILE husband and wife. (Art. 3)
(1) Domicile of Origin - domicile of parents of a person at the
(3) Presence of at least two witnesses of legal age (Art. 3)
time he was born. (4) The declaration shall be contained in the
(2) Domicile of Choice
Marriage certificate. (Art. 6)
(a) Domicile chosen by a person, changing his domicile of (5) Marriage certificate shall be Signed by the contracting
origin.
parties and their witnesses and attested by the solemnizing
(b) A 3rd requisite is necessary – intention not to return to officer. (Art. 6)
one’s domicile as his permanent place.
(3) Domicile by Operation of Law (i.e., Article 69, domicile of Note: In a marriage in articulo mortis, when one or both
minor) parties are unable to sign the marriage certificate, it shall be
(a) A married woman does not lose her domicile to her sufficient for one of the witnesses to write the name of said
husband. (Romualdez-Marcos vs. party, which shall be attested by the solemnizing officer. (Art.
Comelec (1995))
6, par. 2)
II. Marriage (Family Code)
Places where marriage SHALL be publicly solemnized:
Family Code (1) Chambers of the judge or in open court
(2) Church, chapel, or temple
(3) Office of the consul-general, consul, or vice-consul (Art.
8)
Exceptions:
(1) Marriages performed in articulo mortis or in remote
places. (Art. 29)
(2) Where both parties request in writing that marriage be
solemnized at a place designated by them.
Non-compliance with this requirement does not invalidate
the marriage (premise: more witnesses = more people can
notify officer of impediments to marriage).
Who may solemnize marriage:
(1) Incumbent member of the Judiciary within his jurisdiction.
(Art. 7)
(2) Priest, Rabbi, Imam or Minister of any Church or Religious
Sect. Must be:
(a) Duly authorized by his church or religious sect
(b) Registered with the civil registrar general
(c) Acting within the limits of the written authority granted
to him by his church or religious sect.
(d) At least one of the contracting parties belongs to the
solemnizing officer’s church or religious sect. (Art. 7)
(3) Ship Captain or Airplane Chief may solemnize a marriage
in articulo mortis between passengers or crew members (Art.
7, 31)
(4) A Military commander of a unit may solemnize marriages
in articulo mortis between persons within the zone of
military operation. (Art. 7, 32)
(5) Consul-general, consul or vice-consul may solemnize
marriages between Filipino citizens abroad. (Art. 7, 10)
(6) Municipal and City Mayors (LGC sec. 444 and
455)
Exceptions – Art. 35
(1) Marriage is void when solemnized by any person not
legally authorized to perform marriages unless either or
both parties believed in good faith that the solemnizing
officer had legal authority to do so. (Art. 35 (2))
(2) Absence & Irregularity of Authority of a solemnizing
officer
Lack of valid notification of both parties desiring a ceremony
in a remote place was held to be only a mere IRREGULARITY
[Navarro vs. Domagtoy (1996)]
LICENSE
GR: License required
Article 9 - Issued by local registrar of city or municipality
where either contracting party habitually resides
Article 11 - Each contracting party should file separately.
Article 20 - License valid in any part of the
Philippines for 120 days from date of issue, automatically
cancelled at the expiration of such period.
Foreign National
When either or both parties are foreign nationals:
Certificate of legal capacity to contract marriage, issued by a
diplomatic or consular official, shall be submitted before a
marriage license can be obtained (Art. 21)
Stateless persons or refugees from other countries: affidavit
stating circumstances showing capacity to contract marriage,
instead of cert. of legal capacity (Art. 21)
Exceptions
(1) Marriage in articulo mortis (Art. 27)
(a) The marriage may be solemnized without the necessity
of a marriage license.
(b) It remains valid even if ailing party survives.
(2) Between passengers or crew members in a ship or
airplane (Art. 31)
(3) Persons within a military zone (Art. 32)
(4) Marriage in Remote and inaccessible places (Art. 28)
(5) Marriages by Muslims and Ethnic cultural minorities
provided they are solemnized in accordance with their
customs, rites or practices.
(Art. 33)
(6) Marriage by parties who have Cohabited for at least 5
years without any legal impediment to marry each other.
[Art. 34, Ninal vs. Badayog
(2000)]
Requisites for the 5-year cohabitation to be valid for the
exemption from acquiring a marriage license
(1) The man and woman must have been living together as
husband and wife for at least five years before the marriage;
(2) The parties must have no legal impediment to marry each
other;
(3) The fact of absence of legal impediment between the
parties must be present at the time of marriage;
(4) The parties must execute an affidavit stating that they
have lived together for at least five years [and are without
legal impediment to marry each other]; and
(5) The solemnizing officer must execute a sworn statement
that he had ascertained the qualifications of the parties and
that he had found no legal impediment to their marriage.
MARRIAGE CERTIFICATE
Absence and irregularity of marriage license and contract
Republic v. CA and Castro (1994): Issuance of the Civil
Registrar of a Certificate of Due Search and Inability to Find
the application of a marriage license certifies the license’s
inexistence, thus rendering the marriage VOID.
THINGS TO DO AT THE LOCAL CIVIL REGISTRAR:
(1) File an application of marriage license at the proper local
civil registrar. (Art. 11)
(2) Present birth or baptismal certificate for proof of age.
(Art. 12)
(3) If aged 18-21 years, present parental consent.
(Art. 14)
(4) If aged 21-25, present parental advice. (Art. 15)
(5) If aged 18-25, present certificate of marriage counseling
from your priest. (Art. 16)
(6) (PD 965) Attend family planning seminar or get a
brochure regarding family planning
(7) Pay the required fees. (Art 19)
(8) If foreigner, present certificate of legal capacity issued by
diplomat or consular officials. (Art. 21)
Marriage Certificate
Where parties declare that they take each other as husband
and wife; contains the ff:
(1) Full name, sex, age of party
(2) Citizenship, religion, habitual residence
(3) Date and precise time of celebration of marriage
(4) That marriage license was properly issued (except in
marriages which are exempted)
(5) That parental consent was secured, when required
(6) That requirement as to parental advice was complied
with, when required
(7) That parties have entered into marriage settlements, if
any (Art. 22)
Note: Not an essential or formal requisite without which the
marriage will be void [Madridejo v. de Leon (1930)]
Best evidence that a marriage does exist. [Tenebro v. CA
(2004)]
EFFECT OF MARRIAGES CELEBRATED ABROAD
AND FOREIGN DIVORCE
MARRIAGES CELEBRATED ABROAD
GR: Marriages solemnized abroad in accordance with the
laws in force in that country shall be valid in the Philippines.
[Art 26]
Exceptions:
(1) Marriage between persons below 18 years old (Art. 35(1)) Absence of Requisites
(2) Bigamous or polygamous marriage (Art. 35(4)) Art. 4(1): The absence of any essential or formal requisites
(3) Mistake in identity (Art. 35 (5)) shall render the marriage void ab initio, except as stated in
(4) Marriages void under Article 53 (Art. 35 (6)) Article 35 (a).
(5) Psychological incapacity (Art. 36)
(6) Incestuous marriages [Art. 37) Art. 5: Any male or female of the age of eighteen years or
(7) Marriage void for reasons of public policy (Art. 38) upwards not under any of the impediments mentioned in
Articles 37 and 38, may contract marriage.
Essential Requisites Formal Requisites
Inherent in the parties, Requirements Void from the Beginning [Art. 35]. –
carried everywhere independent of the (1) Marriage where any party is below eighteen years of age
parties even with the consent of parents or guardians
Lex Nationalii – Laws Lex loci celebrationis- if (2) Marriage solemnized by any person not legally
relating to family rights valid where celebrated, authorized to perform marriages unless such marriages
and duties, or to the then valid everywhere; were contracted with either or both parties believing in good
status, condition, and forms of contracting faith that the solemnizing officer had the legal authority to
legal capacity of persons marriage are to be do so.
are binding upon regulated by the law Note: One’s belief in good faith that the solemnizing officer
Philippine citizens even where it is celebrated (Art. has the required authority is a mistake of fact, and not of law.
though living abroad (Art. 26, CC) (3) Marriage solemnized without a valid marriage license,
15, CC) except in marriages under exceptional circumstances
Foreign marriages void Foreign marriages may be (4) Bigamous or polygamous marriages not falling under
under Phil law due to lack void under Philippine law Article 41 (Art. 41: subsequent marriage by present spouse
of an essential requisite, due to absence of a formal who obtained a declaration of presumptive death for absent
even if valid under foreign requisite under foreign spouse prior to the subsequent marriage)
laws, will not be laws. (5) There is a mistake as to the identity of the other
recognized. contracting party
(6) Subsequent marriages that are void under Article 53
PROOF OF FOREIGN MARRIAGE in order that it may be (Non-compliance with Art. 52)
upheld:
(1) Provisions of the foreign law Psychological incapacity
(2) Celebration of the marriage in accordance with said Contracted by any party who, at the time of the celebration,
provisions was psychologically incapacitated to comply with the
essential marital obligations of marriage, even if such
FOREIGN DIVORCES incapacity becomes manifest only after its solemnization
(1) Those obtained by Filipino citizens are void under (Art. 36)
Philippine law.
(2) If the foreign spouse obtains a valid foreign divorce, the Santos v. Bedia-Santos, (1995):
Filipino spouse shall have capacity to remarry under 3 characteristics for determining psychological incapacity:
Philippine law. (Art. 26) gravity, antecedent, and incurability.

VOID AND VOIDABLE MARRIAGES Tsoi v. CA, (1997):

PRESUMPTION OF MARRIAGE
(1) Presumption in favor of a valid marriage (Art 220, CC)
(2) The presumption that a man and a woman deporting
themselves as husband and wife have entered into a lawful
contract of marriage is satisfactory if uncontradicted. (Sec. 3
(aa), Rule 131, ROC)
(3) In marriages of exceptional character, the existence of
the marriage is presumed, even in the TOTAL ABSENCE of a
marriage license.
(4) If a marriage certificate is missing, and all means HAVE
NOT YET BEEN EXHAUSTED to find it, then the marriage is
presumed to exist.
Absence of a marriage certificate is not proof of absence of
marriage. To prove the fact of marriage, the following would
constitute competent evidence:
(1) the testimony of witnesses to matrimony; (2) the
couple’s public cohabitation; and (3) birth and baptismal
certificates of children born during the union. [Trinidad v CA
(1998)]
VOID MARRIAGES
Type of Void Marriages
(1) Absence of any formal/essential requisites
(2) Psychologically Incapacitated spouse
(3) Incestuous Marriages
(4) Marriages contrary to public policy
(5) Void subsequent marriages
“A man who can but won’t is psychologically incapacitated.”
Incestuous marriages
Article 37 (Incestuous):
(1) Between ascendants and descendants of any degree,
legitimate or illegitimate
(2) Between brothers and sisters, whether of the full or half
blood, legitimate or illegitimate
Against Public Policy
Article 38 (Against Public Policy):
(1) Between collateral blood relatives, legitimate or
illegitimate, up to the fourth civil degree.
(2) Between step-parents and step-children.
Note: Stepbrothers and stepsisters can marry because
marriages between them are not among those enumerated
in Article 38.
(3) Between parents-in-law and children-in-law.
(4) Between adopting parent and adopted child.
(5) Between the surviving spouse of the adopting parent and
the adopted child.
(6) Between the surviving spouse of the adopted child and
the adopter.
(7) Between an adopted child and a legitimate child of the
adopter.
(8) Between adopted children of the same adopter.
(9) Between parties where one, with the intention to marry
the other, killed that other person's spouse, or his or her
own spouse.
Void subsequent marriages Good Faith: PERIOD of absence for PRESUMPTIVE DEATH is
(1) Article 40 (No Judicial Declaration of Nullity) MANDATORY, thus cannot be shortened by good faith and if
A person entered into a subsequent marriage without first be done so will be VOID.
getting a judicial declaration of nullity of the first void
marriage Burden of Proof: Two successive marriages, presumption of
(2) Article 41 (Presumptive Death) validity on 2nd marriage and burden on party ATTACKING
Failure of the present spouse to obtain a judicial declaration VALIDITY OF 2ND MARRIAGE.
of presumptive death before entering a subsequent
marriage PRESUMPTION in favor of INNOCENCE prevails over
(3) Article 44 (Bad Faith of both spouses) PRESUMPTION of CONTINUANCE OF LIFE OF 1ST SPOUSE &
Both spouses entering a subsequent marriage after MARITAL RELATIONS.
presumptive death, who acted in bad faith
(4) Article 53 (Non-Recording): Difference between Absence in the Civil Code and Family
Subsequent marriage of spouses, where the requirements Code
of recording under Art. 52 have not have been complied with,
shall be void. Family Code Civil Code
As to period
Subsequent Marriage when one spouse is absent 4 years under normal Absent for at least 7
Requirements for Subsequent Marriage to be Valid circumstances; years;
When Prior Spouse is Absent (Art. 41): 2 years under 4 years under
(1) Subsequent marriage due to ordinary absence where: Extraordinary Extraordinary
(a) Absent spouse had been absent for 4 consecutive circumstances circumstances
years; As to remarriage
(b) The spouse present had a well-founded belief that In order to remarry, Declaration of
absent spouse is dead; and summary proceeding is presumptive death is not
(c) Judicial declaration of presumptive death was secured necessary necessary
(no prejudice to the effect of the reappearance of the absent As to who can institute the action
spouse). Can be instituted by the The spouses themselves
(2) Subsequent marriage due to extraordinary absence present spouse, any
where: interested party, and the
(a) Absent spouse had been missing for 2 consecutive subsequent spouse
years; As to effect on subsequent marriage
(b) There is danger of death under the circumstances set
Subsequent marriage is Upon reappearance,
forth in the provisions of automatically terminated judicial proceeding is
Art. 391 CC attendant to the disappearance;
by the recording of an necessary to declare
(c) The spouse present had a well-founded belief that the affidavit of reappearance marriage null and void
missing person is dead; and
of the absent spouse
(d) Judicial declaration of presumptive death was secured
As to ground
(no prejudice to the effect of the reappearance of the absent
Well founded belief that Generally believed to be
spouse).
the absent spouse is dead dead
Extraordinary circumstances (Art. 391, CC):
Connected Provisions
(a) ON BOARD VESSEL lost at sea voyage, airplane,
(Arts. 390, 391, CC)
(b) ARMED FORCES in war, or
(c) DANGER OF DEATH under other circumstances, existence
Article 43 and 44 (Effects of Termination of Bigamous
not known
Marriage under Art. 42)
Notes:
Art. 43:
(1) Institution of a summary proceeding is not sufficient.
(1) Children of subsequent marriage – conceived prior to its
There must also be a summary judgment. (Balane)
termination considered legitimate; custody and support
(2) Only the deserted/present spouse can file or institute a
decided by court in a proper proceeding
summary proceeding for the declaration of presumptive
(2) Property Regime – dissolved and liquidated (party in bad
death of the absentee. (Bienvenido case)
faith shall forfeit his/her share in favor of the common
(3) There must have been diligent efforts on the part of the
children or if there are none, children of the guilty spouse by
deserted spouse to locate the absent spouse. These diligent
a previous marriage, and in case there are none, to the
efforts correspond to the requirement of the law for a well-
innocent spouse)
founded belief.
(3) Donation propter nuptias – remains valid, (but if the
donee contracted marriage in bad faith, donations will be
Effect of Reappearance of Absent Spouse
revoked)
GR: The subsequent marriage remains valid.
(4) Insurance benefits – innocent spouse may revoke
EXC: It is automatically terminated by the recording of the
designation of guilty party as beneficiary, even if such
affidavit of reappearance of the absent spouse at the
designation is stipulated as irrevocable
instance of any interested person, with due notice to the
(5) Succession Rights – Party in bad faith disqualified to
spouses of the subsequent marriage. (Art. 42)
inherit from innocent spouse, whether testate or intestate
Note: It is the recording of the affidavit of reappearance that
automatically terminates the subsequent marriage. Hence,
Article 44:
if absentee spouse reappears without recording affidavit of
Donations: If both parties of subsequent marriage acted in
reappearance, then there is no legal effect.
bad faith, any donations and testamentary dispositions
Meanwhile, absentee spouse cannot remarry.
made by one party to the other by reason of marriage will
(Tolentino)
be revoked
Exception to the exception: If there is a judgment annulling
the previous marriage or declaring it void ab initio. (Art. 42)
ACTION OR DEFENSE OF NULLITY
Who may file the petition for nullity?
As to the parties allowed to file the action: Only an aggrieved
or injured spouse may file a petition for annulment of
voidable marriages or declaration of absolute nullity of void
marriages.
How to attack a void marriage?
GR: Void Marriages may be attacked collaterally or directly.
EXC: A person in a void marriage must first file for a
declaration of nullity in order to subsequently marry
Grounds for Annulment (Art. 45)
(1) Lack of parental consent
(a) above 18 but below 21, without parental consent
(b) Ratified by party 18 or above but below 21 through
free cohabitation upon reaching 21.
(2) Insanity
(a) Mental incapacity or insanity is a vice of consent;
insanity (1) of varying degrees, (2) curable being an illness,
capable of ratification or convalidation, (3) has lucid intervals
(b) Can be ratified by cohabitation after insanity is cured or
during a lucid interval
(c) Mere mental weakness is not a ground for annulment,
but if found grave enough may amount to psychological
incapacity.
(d) Intoxication, somnambulism where one had no mental
capacity to give consent is equivalent to insanity
(e) Must EXIST AT THE TIME of the celebration of the
marriage.
(f) Law presumes SANITY, burden of proof on party alleging
insanity
(3) Fraud
(a) Only those enumerated in Art. 46:
(1) Non-disclosure of previous CONVICTION by final
judgment of a crime involving MORAL TURPITUDE
(2) Concealment by wife at the time of marriage, that
she was pregnant by another man
(3) Concealment of STD regardless of nature existing at
time of marriage
(4) Concealment of drug addiction, habitual alcoholism,
homosexuality, lesbianism existing at time of marriage
(b) NO other misrepresentation or deceit of
CHARACTER, HEALTH, RANK, FORTUNE OR CHASTITY shall
constitute FRAUD.
(c) Conviction of Crime: requisites are
(1) Moral turpitude
(2) Conviction
(d) Concealment of Pregnancy
(1) Fraud against very essence of marriage; importance
of procreation of children; an assault to the integrity of the
union by introducing ALIEN BLOOD
(2) If husband knew of pregnancy, the marriage cannot
be annulled on the ground of concealment
(e) Marriage cannot be annulled on the ground that wife
concealed the fact that she had been lewd & corrupt and
had illegitimate child.
(f) Maybe ratified upon free cohabitation after knowledge
of fraud.
Effect of Cure to Fraud in Art. 46:
Recovery or rehabilitation from STD, drug addiction, and
habitual alcoholism will NOT BAR ACTION for annulment;
The defect is not the disease, but the FRAUD which VITIATED
CONSENT.
Almelor v. RTC, (2008):
It is the concealment of homosexuality, and not
homosexuality per se, that vitiates the consent of the
innocent party. Such concealment presupposes bad faith
and intent to defraud the other party in giving consent to the
marriage.
(4) Force, intimidation, undue influence
(a) FORCE must be one as to prevent party from acting as
a free agent; will destroyed by fear/compulsion
(b) INTIMIDATION must be one as to compel the party by
reasonable/well-grounded fear/evil imminent upon
person/properties
(c) DEGREE OF INTIMIDATION: age, sex, condition of
person borne in mind
(d) Threat or intimidation as not to act as FREE
AGENT; threatened of armed demonstrations by brother is
ANNULLABLE (Tiongco v Matiga)
(e) May be ratified upon cohabitation after force,
intimidation, or undue influence has ceased or disappeared.
(5) Impotency
(a) Must exist at time of marriage, must be continuous,
must be incurable; thus if incapacity can be remedied or is
removable by operation, NOT ANNULLABLE (Sarao v
Guevarra(1940))
(b) Should be unknown to the other party
(c) Physical condition: sexual intercourse with a person of
the opposite sex is impossible, not mere sterility
(d) When both spouses are impotent, marriage cannot be
annulled because neither spouse is aggrieved
(e) POTENCY PRESUMED; party who alleges impotency
has burden of proof (Jimenez v Canizares (1960))
(f) Although potency is presumed, there is a doctrine in
England called TRIENNIAL COHABITATION that if wife
remains virgin after 3 years, husband presumed impotent &
has burden to prove otherwise (Tompkins v
Tompkins)
(g) REFUSAL of wife to be examined DOES NOT
PRESUME impotency because Filipino women are inherently
shy & bashful; TC must order physical examination because
w/o proof of impotency, she is presumed potent; to order
her to undergo physical exam does not infringe
constitutional rights against self-incrimination (Jimenez v
Canizares)
(h) Villanueva vs. CA (2006): Absence of cohabitation is not
a ground for annulment.
(i) NOTE: if wife continues to refuse to undergo physical
exam, she can be held for CONTEMPT & ordered to be
confined in jail until she does so
(j) RELATIVE IMPOTENCY: may now be invoked because
there are cases where one is impotent with respect to his
spouse but not with other men or women.
(k) EXAMPLE: penile erection to other women possible;
unusually large penis cannot fit with abnormally small vagina
(6) Sexually-transmissible disease serious and incurable
(a) Should exist at the time of the marriage
(b) Should be found serious
(c) Should appear to be incurable
(d) Should be unknown to other party
(e) Reason: danger to the health of spouse & offspring/s
(f) Same as incurable impotency
(g) Not subject to ratification cannot be ratified or
convalidated by prescription or cohabitation:
(i) Prior subsisting marriage; would result in anomalous
relationship
Art 45 STD Art 46 STD
Ground for annulment The STD is a type of
fraud which is a ground
for annulment
Does not have to be Must be concealed
concealed
Must be serious and Need not be serious nor
incurable incurable
The STD itself is the It is the concealment
ground for annulment that gives rise to the
annulment
(ii) Vitiated by impotency remains as long as afflicted
 (iii) Vitiated by affliction of STD remains as long as
afflicted
(iv) Affliction of STD is unknown to the other spouse
(Balane)
(v) The other spouse must also be free from a similar STD.
(Balane)
(h) 2 & 3 above prescribe w/in 5 yrs by Art. 47(5)
Marriages Not Subject to Ratification/ Convalidation by
cohabitation
(1) One spouse is incurably impotent (Art. 47 – prescription:
5 years)
(2) One spouse has an incurable STD (Art. 47 – prescription:
5 years)
(3) Sane spouse marries an insane spouse w/o knowledge of
insanity
EFFECT OF PENDING ACTIONS/DECREE (Art. 49)
(1) The court shall provide for the support of the spouses,
(2) The custody and support of the common children, giving
paramount consideration to their moral and material
welfare, their choice of parent with whom they wish to
remain.
(3) The court shall also provide for visitation rights of other
parent.
Decisions on the nullification of the marriage
Art. 48 (2): In the cases referred to in the preceding
paragraph, no judgment shall be based upon a stipulation of
facts or confession of judgment.
Stipulation of Facts: An admission by both parties after
agreeing to the existence of any of the grounds or facts that
would constitute a void/voidable marriage
Confession of judgment: The admission by one party
admitting his/her fault to cause the invalidity of the marriage.
EFFECTS OF NULLITY
The effects provided for by paragraphs (2), (3), (4) and (5) of
Article 43 and by Article 44 shall also apply in the proper
cases to marriages which are declared ab initio or annulled
by final judgment under Articles 40 and 45 (Art. 50(1)).
Final judgment in such cases shall provide for the liquidation,
partition, and distribution of the:
(1) Properties of the spouses
(2) Custody and support of the common children
(3) Delivery of their presumptive legitimes
(a) Unless such matters had been adjudicated in previous
judicial proceedings (Art. 50(2))
(b) All creditors (of the spouses/property regime) shall be
notified of the proceedings for liquidation (Art. 50(2 and 3))
In the partition, the conjugal dwelling and lot shall be
adjudicated to the spouse with whom majority of the
common children remain (Art. 102 and 129) (Art. 50(4)
Presumptive legitimes, computed as of the date of the final
judgment, shall be delivered in cash, property or sound
securities:
(1) Unless the parties, by mutual agreement judicially
approved, had already provided for such (Art. 51(1))
(2) The children/guardian/trustee of property may ask for
the enforcement of the judgment (Art. 51(2))
(3) The delivery of the presumptive legitimes shall not
prejudice the ultimate successional rights, but the value of
the properties already received shall be considered as
advances on their legitime
(Art. 51(3))
Generally, children born or conceived within void marriages
are illegitimate.
Exceptions:
(a) Children conceived or born before the judgment under
Article 36 has become final and executor (Art. 54)
(b) Children conceived or born of subsequent marriages
under Article 53 (Art. 54)
III. Legal Separation (Family Code)
GROUNDS FOR LEGAL SEPARATION (Article 55)
Note: The grounds for legal separation are exclusive.
These must be filed within 5 years after occurrence of cause
(Article 57)
(1) Repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child, or a child of
the petitioner;
(2) Physical violence or moral Pressure to compel the
petitioner to change religious or political affiliation;
(3) Attempt of respondent to Corrupt or induce the
petitioner, a common child, or a child of the petitioner, to
engage in prostitution, or connivance in such corruption or
inducement;
(4) Final judgment sentencing the respondent to
imprisonment of more than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or Homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent Bigamous
marriage, whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent Against the life of the
petitioner; or
(10) Abandonment of petitioner by respondent without
justifiable cause for more than one year.
DEFENSES
GROUNDS FOR DENYING LEGAL SEPARATION (Art. 56)
(1) Condonation by aggrieved party
(2) Consent by aggrieved party to the commission of the
offense
(3) Connivance between parties in the commission of the
offense
(4) Mutual guilt or Recrimination between spouses in the
commission of any ground for legal separation
(5) Collusion between parties to obtain decree of legal
separation
(6) Prescription of action for legal separation (Art. 57: 5 years
from occurrence of the cause of action)
(7) Reconciliation of parties during pendency of action (Art.
66 par.1)
(8) Death of either party during pendency of action
CONFESSION OF JUDGMENT
No decree of legal separation shall be based upon a
stipulation of facts or a confession of judgment (Art. 60, par.
1. FC).
Note: Art. 60 par. 1 applies only if the judgment was based
solely on the stipulation of facts or solely on the confession
of judgment. Thus, if other grounds were used, Art. 60 par.
1 is not applicable. (Balane)
EFFECTS OF FILING PETITION
(1) The spouses are entitled to Live separately, but the
marital bond is not severed. (Art. 61 (1)
(2) Administration of Community or Conjugal Property – If
there is no written agreement between the parties, the
court shall designate one of them or a third person to
administer the ACP or CPG. (Art. 61, par. 2)
EFFECTS OF PENDENCY
The Court shall provide for: (Art. 62, cf. Art. 49. FC)
(a) Support of spouses
(b) Custody of children
The court shall give custody of children to one of them, if Mistake of Impotence Drug Addiction /
there is no written agreement between the spouses. It shall identity Habitual
also provide for visitation rights of the other spouse. Alcoholism
(c) Visitation rights of the other spouse Void subsequent Serious and Homosexuality /
marriage Incurable Lesbianism
EFFECTS OF LEGAL SEPARATION STD
(1) The spouses can live separately (Art. 63) but the marriage Psychological Bigamous
bonds are not severed. incapacity marriage
(2) The ACP or CPG shall be dissolved and liquidated, and the (engaging in)
share of the guilty spouse shall be forfeited in favor the Incestuous Sexual Infidelity
common children, previous children, or innocent spouse, in Marriages
that order (Art. 63. cf. Art. 43, par. 2). Marriages Attempts against
(3) Custody of the minor children shall be awarded to the against public the life
innocent spouse (Art. 63, cf. Art 213) policy
(4) Guilty spouse shall be disqualified from Inheriting from Abandonment
innocent spouse by intestate succession. The provisions in without just
favor of the guilty party in the will of the innocent spouse cause for more
shall also be revoked by operation of law. (Art. 63) than 1
(5) Donations in favor of the guilty spouse may be revoked year
(Art. 64) but this action prescribes after 5 years from the
decree of legal separation. IV. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
(6) Innocent spouse may also revoke designation of guilty (Family Code)
spouse as beneficiary in an Insurance policy, even if such
stipulations are irrevocable. (Art. 64. FC, cf. PD 612, sec. 11) ESSENTIAL OBLIGATIONS
(7) Obligation for Mutual support ceases, but the court may (1) Live together (cohabitation – Art. 68)
order the guilty spouse to support the innocent spouse. (Art. Exemption: One spouse living abroad or there are valid and
198) compelling reasons (Art. 69 (2))
(8) The wife shall continue to use the Surname of the Exemption To Exemption: Incompatibility with the solidarity
husband even after the decree for legal separation. (Art. 372, of the family (Art. 69 (2))
CC) (2) Observe mutual love, respect, and fidelity
(3) Render mutual help and support (Art. 68)
RECONCILIATION
Should the spouses reconcile, they should file a Arroyo v. Vasquez de Arroyo (1921): A court cannot compel
corresponding joint manifestation under oath of such a married woman to go back to her husband.
reconciliation. (Art. 65)
FAMILY DOMICILE
EFFECTS OF RECONCILIATION The husband and wife shall fix the family domicile. (Art. 69)
(1) Proceedings for legal separation shall be terminated at In case of disagreement, the court shall decide. (Art. 69 (1))
whatever stage. (Art. 66)
(2) If there is a final decree of legal separation, it shall be set SUPPORT
aside. (Art. 66) From the conjugal property; If none, income or the fruits of
(3) The separation of property and forfeiture of share of their separate properties; if none, from their separate
guilty spouse shall subsist, unless the spouses agree to properties (liable in proportion to their properties).
revive their former property regime or to institute another
property regime. (Art. 66 cf. Art. 67) MANAGEMENT OF HOUSEHOLD
(4) Joint custody of children is restored. This is the right and duty of both spouses.
(5) The right to intestate succession by guilty spouse from
innocent spouse is restored. EFFECT OF NEGLECT OF DUTY
The right to testamentary succession depends on the will of In case the other spouse neglects his or her duties or
the innocent spouse. commits acts which tend to bring danger, dishonor or injury
to the family, the aggrieved party may apply to the court for
GROUNDS relief. (Art. 72)
Void Marriages Voidable Legal Separation Injury contemplated is physical, moral, emotional or
Marriages psychological, not financial.
One is a minor Lack of parental Repeated
consent Physical Violence EXERCISE OF PROFESSION
No authority to Insanity Pressure to Either spouse may exercise any legitimate profession,
marry compel to without need for consent of the other.
change (a) The other spouse may only object on valid, serious, and
religious/political moral grounds.
affiliations (b) In case of disagreement, the Court shall decide whether:
No valid Fraud Corruption / (1) The objection is proper, and
marriage license Inducement to (2) Benefit has accrued to the family before OR after the
engage in objection.
prostitution If BEFORE the objection, enforce resulting obligation against
Bigamous and Force, Final judgment the separate property of the spouse who has not obtained
polygamous Intimidation or with sentence of consent.
marriages Undue Influence more than 6 yrs.
Property Relations of the Spouses
MARRIAGE SETTLEMENTS (Art. 75)
Marriage settlements are considered accessory to the (1) Are considered valid.
marriage, therefore as per Art. 81, stipulations in (2) In case of foreclosure:
consideration of future marriage and donations will be void (a) if property value is lesser than the obligation, donee
if the marriage does not take place. shall not be liable for the deficiency
(b) if property value is greater than the obligation, donee
MARRIAGE SETTLEMENT RULES shall be entitled to the excess (Art. 85)
When modifications can be made: Grounds for revocation of donation propter nuptias [Art. 86)
GR: Before marriage is celebrated (Art. 76) (1) If the marriage is not celebrated or judicially declared
EXC: void ab initio, except donations made in settlements.
Art. 63(2) – Property regime is dissolved (2) When the marriage takes place without the consent of
Arts. 66 and 67 - Reconciliation in case of legal separation the parents or guardians, as required by law.
Art. 128 - When spouse leaves family without just cause (3) When the marriage is annulled, and the donee acted in
Art. 135 - Sufficient cause for judicial separation of property bad faith.
Art. 136 - Voluntary dissolution of ACP or CPG by the spouses (4) Upon legal separation, if the donee is the guilty spouse.
If a spouse petitions the court for: (5) If there is a resolutory condition, and it is not complied
(1) Receivership; with.
(2) Judicial separation of property; or,
(3) Authority to be the sole administrator of the conjugal 1. When donee has committed an act of ingratitude: (Art.
partnership, if he or she is abandoned by the other without 765, CC)
just cause or fails to comply with his or her obligations to the a. An offense against person or property of donor, or his
family (Art. 128) wife or children under parental authority.
b. An imputation to the donor of any criminal offense, or
Requirements of marriage settlements and any modification any act involving moral turpitude, even if proven, unless the
thereof (Art. 77) crime is committed against the donee, his wife or children
- Made in writing under his authority.
- Signed by the parties c. Refusing to support the donor, if he/she is legally
- Executed before the marriage celebration required to do so.
- Registered in the local civil registry where the marriage is
recorded and in registries of property in order to prejudice Effects of judicial declaration of nullity
third persons Donations by reason of marriage shall remain valid except
- If executed by a person below 21 years old, valid only when that if the donee contracted marriage in bad faith, such
persons required to give consent to the marriage (father, donations made to said donee are revoked by operation of
mother, or guardian, respectively) are made parties to the law.
agreement [Art. 78) [Art. 43 (3)]
If executed by a person upon whom civil interdiction has Revocation by operation of law - Thus, even if spouse in good
been pronounced or who is subject to any other disability, faith condones the donee, the donation propter nuptias is
valid only when his guardian is made party to the agreement still forfeited.
[Art. 79) Effects provided for by Art. 43(2), (3), (4), and (5) and by Art.
44 shall also apply to marriages that are declared void ab
DONATIONS BY REASON OF MARRIAGE initio or annulled by final judgment under Article 40 (Judicial
Requisites of donations propter nuptias declaration of nullity) and 45 (Voidable marriages). [Art. 50]
- Made before the celebration of marriage
- Made in consideration of marriage Rules for donations during marriage
- In favor of one or both of the future spouses GR: Spouses cannot donate to each other, directly or
- Donor must be one of the betrothed or any third person indirectly (donations made by spouses to each other during
the marriage are void). (Art. 87)
Donations excluded EXC: Moderate gifts on the occasion of any family rejoicing.
- Ordinary wedding gifts given after the celebration of the
marriage Donations propter nuptias Ordinary donations
- Donations in favor of future spouses made before marriage Does not require express Express acceptance
but not in consideration thereof acceptance necessary
- Donations made in favor of persons other than the spouses May be made by minors Cannot be made by
even if founded on the intended marriage (Art. 78) minors
May include future Cannot include future
Who may donate property property
- Spouses to each other
If present property is No limit to donation of
- Parents of one or both spouses
donated and property is present property provided
- Third persons to either or both spouses not absolute community, legitimes are not impaired
limited to 1/5 (Art. 84)
Sources of rules governing donations propter nuptias
Grounds for revocation - In Grounds for revocation - in
- Family code provisions (Arts. 82-87)
Art. 86 donation laws
- Ordinary donation provisions (Art. 83; Title III of Book III,
NCC)
ABSOLUTE COMMUNITY OF PROPERTY AND CONJUGAL
- Provisions on testamentary succession and the formalities
PARTNERSHIP OF GAINS
of wills for donations on future property (Art. 84, par. 2)
(Arts. 80, 81, 89, 90)
By the Nationality Rule [Art. 15], the rule that Absolute
Rules for donations before marriage
Community Property (ACP) is the default mode of property
GR: Future spouses cannot donate to each other more than
relations absent any marriage settlement applies to all
1/5 of their present property (excess shall be considered
Filipinos, regardless of the place of the marriage and their
void). [Art. 84)
residence.
EXC: If they are governed by ACP
Exceptions:
Donations of property subject to encumbrances
(1) Where both spouses are aliens
(2) As to the extrinsic validity of contracts
(3) Contrary stipulation
ABSOLUTE COMMUNITY OF PROPERTY
When it commences
At the precise moment of the celebration of the marriage
(Art. 88)
What it consists of
All the property owned by the spouses at the time of the
celebration of the marriage or acquired thereafter (Art. 91)
Under the ACP, spouses cannot exclude specific properties
from the regime
Winnings from gambling shall accrue to the community
property (Art. 95)
What remains exclusive property
- Properties acquired before the marriage, for those with
legitimate descendants with a former marriage (to protect
rights of children by a former marriage)
- Properties acquired by a gratuitous title, i.e. donation,
inheritance by testate and intestate succession, including
the fruits of such properties
Except: When expressly provided by the donor or testator
that the property shall form part of the ACP
- Properties for personal use
Except: Jewelry
Presumption
All properties acquired during the marriage form part of the
ACP, unless it be proven that they are excluded. [Art.93]
Charges and obligations (Art. 94)
- Support of the following:
(1) Spouses
(2) Common children
(3) Legitimate children of previous marriage
(4) Illegitimate children – follow the provisions on Support
and par. 9
- Debts and obligations contracted during the marriage
- Debts contracted by one spouse without consent of the
other – ACP is liable only to the extent that the debt
benefited the family
- Tax, liens, repairs (both major and minor) on community
property
- Taxes and expenses for mere preservation of separate
properties
- Applies only to separate properties by either spouse
being used by the family, not those that do not benefit the
family
- Expenses limited to minor repairs only
- Expenses for professional, vocational, or self-improvement
courses of spouses
- Ante-nuptial debts that benefited the family – if the ante-
nuptial debt did not benefit the family, the applicable rule is
par. 9
- Donations by both spouses to common legitimate children,
for purposes of professional/vocational courses or activities
for self-improvement
- Ante-nuptial debts not under par. 7, support of illegitimate
children, and liabilities of either spouse arising from
crime/quasi-delict
- Only if the debtor-spouse has no exclusive property or
his/her property is insufficient
- The payments by the ACP are deemed advances to be
deducted from the share of the guilty spouse upon the
liquidation of the absolute community
- Expenses of litigation between spouses, except when suit
is groundless
- If community property is insufficient except in par. 9, the
spouses are solidarily liable for the unpaid balance from
their separate properties
- Gambling losses shall be borne by the losing spouse’s
separate property [Art. 95]
Ownership, administration, enjoyment, and disposition
Art. 96: Administration of property belongs to both spouses,
jointly. If they disagree, the husband’s decision prevails.
However, the wife has 5 years to seek recourse from the
court. Otherwise, it is presumed she agreed to his decision.
Exception: When the other spouse is incapacitated, or
unable to participate in the administration, e.g. when
abroad.
Capacitated spouse may assume sole powers of
administration. However, power is limited to administration.
- Either spouse may, through a will, dispose of his or her
interest in the community property. [Art. 97] However, the
will should refer only to his or her share in the community
property.
- Donation of one spouse without the consent of the other
is not allowed. [Art. 98]
Exceptions:
(1) Moderate donations to charity due to family rejoicing or
distress
(2) Moderate gifts by each spouse to the other due to family
rejoicing
Moderation depends on the family’s socio-economic status.
ACP allows donations in excess of one-fifth of present
property of future spouses because the donation would
form part of the community property once the marriage is
celebrated. [Art. 84]
Dissolution of the Regime
Terminates upon [Art. 99]:
(1) Death of either spouse – follow rules in Art. 103
(2) Legal separation – follow rules in Arts. 63 and 64
(3) Annulment or judicial declaration of nullity – follow rules
in Arts. 50 and 52
(4) Judicial separation of property during marriage – follow
rules in Arts. 134 to 138
Rules on de facto separation [Art. 100]
De facto separation does not affect the ACP, except that:
(1) Spouse who leaves the conjugal home without just cause
shall not be entitled to support; however, he/she is still
required to support the other spouse and the family
(2) If consent is necessary for transaction but is withheld or
otherwise unobtainable, authorization may be obtained
from the court
(3) Support for family will be taken from the ACP
(4) If ACP is insufficient, spouses shall be solidarily liable
(5) If it is necessary to administer or encumber separate
property of spouse who left, spouse present may ask for
judicial authority to do this
(6) If ACP is not enough and one spouse has no separate
property, spouse who has property is liable for support,
according to provisions on support
Abandonment [Art. 101]
Present/aggrieved spouse may petition the court for:
(1) Receivership
(2) Judicial separation of property
(3) Authority to be the sole administrator of the absolute
community, subject to precautionary conditions that the
court may impose
A spouse is deemed to have abandoned the other when he
or she has left the conjugal dwelling without any intention
of returning.
Spouse is prima facie considered to have abandoned the
other spouse and the family if he or she has:
(1) Left for a period of 3 months
(2) Failed to inform the other spouse of his or her
whereabouts for a period of 3 months
Liquidation of assets and liabilities (Art. 102)
(a) Inventory of assets of ACP and of spouses, with market
values
(b) Obligations are paid with community property, and
separate obligations not charged to ACP paid by respective
assets of spouses
If obligations exceed the assets of the
ACP, nothing is divided. Creditors can go after the separate
properties of the spouses, which are solidarily liable for the
deficiency
(c) Delivery of whatever remains in their exclusive property
(d) Balance, or net remainder is divided equally between the
spouses, irrespective of how much each brought into the
community
(e) If personal obligations of a spouse exceed his/her
separate property, creditor can go after the share of the
spouse on the net remainder of the ACP, without prejudice
to the provisions of law on forfeitures and delivery of
presumptive legitimes
(f) After covering all community obligations and obligations
of spouses, balance of separate properties shall be delivered
to respective spouses or their heirs, and they will also divide
into two equal shares whatever is left of the community
assets, without prejudice to the provisions of law on
forfeitures and delivery of presumptive legitimes
CONJUGAL PARTNERSHIP OF GAINS
When it commences
Default property regime for marriages celebrated before the
Family Code took effect (1988)
For marriages after the Family Code, if agreed to by the
parties through a marriage settlement.
What it consists of
- Proceeds, products, fruits, and income of their separate
properties
- Everything acquired by them within marriage through their
own efforts
- Everything acquired by them by chance
- Acquired by onerous title during the marriage at the
expense of the common fund
- Acquired through the labor, industry, work, or profession
of either or both spouses
- Fruits from common property and net fruits of the
exclusive property of each spouse
Share of either spouse in hidden treasure, whether as finder
or owner of property where treasure was found
- Acquired through occupation such as fishing or hunting
- Livestock existing at dissolution of partnership in excess of
what is brought by either spouse to the marriage
- Acquired by chance, such as winnings from gambling or
betting
- Moral damages arising from a contract paid from the CPG
[Zulueta v. Pan Am (1973)]
- Loans contracted during the marriage are conjugal, and so
is any property acquired therefrom [Mendoza v. Reyes
(1983)]
- Property purchased by installment, paid partly with
conjugal funds and partly with exclusive funds, if full
ownership was vested during the marriage; the CPG shall
reimburse the owner-spouse [Art. 118]
- If a winning ticket is bought by conjugal funds, the prize is
conjugal (otherwise, the prize is exclusive property of the
spouse who owns the ticket)
- Improvement on exclusive property: if original value is less
than the new value (where new value = value of land + value
of improvements + net change in value), then land becomes
conjugal property, subject to the reimbursement of the
value of the property of the owner-spouse at the dissolution
of the CPG
- Property belonging to one spouse converted into another
kind totally different in nature from its original form during
marriage becomes conjugal in the absence of proof that the
expenses of the conversion were exclusively for the account
of the original owner-spouse, subject to reimbursement of
the value of the original property from the conjugal
partnership
What remains exclusive property
- Property brought into a marriage by each spouse as his/her
own
- Property acquired by either spouse during the marriage by
gratuitous title
- Property acquired by right of redemption, by barter, or by
exchange with property belonging to either spouse
- Property purchased by installment, paid partly with
conjugal funds and partly with exclusive funds, if full
ownership was vested before the marriage [Art. 118]
- Improvement on exclusive property: if original value is
greater than the new value (where new value = value of land
+ value of improvements + net change in value), then land
remains exclusive property of the owner-spouse, subject to
the reimbursement of the cost of improvement
- Intellectual property, like copyright or patent, should,
according to Tolentino, be considered separate property
- Business property
- Collection of credits belonging to one spouse exclusively
but the interests shall belong to the CPG [Art. 119]
- Sale of separate property of a spouse
- Indemnity paid in case of expropriation of separate
property or under an insurance policy covering separate
property
Presumption
All property acquired during the marriage, whether made,
contracted, or registered in the name of one spouse, are
presumed conjugal unless the contrary is prove. [Art 116]
As a condition sine qua non in favor of the conjugal
partnership, the party who invokes the presumption must
first prove that the property was acquired during the
marriage [Acabal v. Acabal (2005)]
Charges and Obligations (Arts. 121-123)
- Debts and obligations
- Taxes and expenses
- Support
- Debts incurred in the exercise of a spouse’s profession
[Javier v. Osmeña (1916)]
- Loan contracts signed by both spouses are conjugal, and
they are jointly liable for payment, even if only one spouse
signs a subsequent promissory note [DPB v. Adil (1988)]
- Debts incurred during the marriage are presumed to be
conjugal and thus are charged to the CPG [Cobb-Perez v.
Latin (1968)]
Ownership, administration, enjoyment, and disposition
Art. 124, par. 1: Administration of property belongs to both
spouses, jointly. In case of disagreement, the husband’s
decision shall prevail, subject to recourse by the wife for
proper remedy, which must be availed of within 5 years from
the date of the contract implementing such decision
- Sale by the husband of property belonging to the conjugal
partnership without the consent of the wife, when there is
no showing that the latter is incapacitated, is void ab initio
[Abalos v.
Macatangay (2004)]
Art. 124, par. 2: Disposition or encumbrance of conjugal
property requires the following:
(1) Consent or approval by both spouses, or
(2) Judicial authority secured in court
Donation of CPG must be with the consent of the other
spouse except moderate donations for charity, on occasions
of family rejoicing, or family distress [Art. 125; cf. Art. 98]
Dissolution of regime
Terminates upon [Art. 126; cf. Art. 99]:
(1) Death
(2) Legal separation
(3) Annulment or judicial declaration of nullity
(4) Judicial separation of property
- It is not affected by de facto separation
- it is also terminated by abandonment and absence (Art.
101)
Liquidation of assets and liabilities
Procedure [Art. 129]
(1) Prepare an inventory of all properties
(2) Amounts advanced by CPG in payment of personal debts
and obligations shall be credited to the CPG
(3) Reimburse each spouse for the use if his/her exclusive
funds in the acquisition of property or for the value of his or
her exclusive property, the ownership of which has been
vested by law in the conjugal partnership
(4) Debts and obligations of CPG shall be paid out of the
conjugal assets, otherwise both spouses are solidarily liable
with their exclusive property
(5) Remains of the exclusive properties shall be delivered to
respective owner-spouses
(6) Indemnify loss/deterioration of movables belonging to
either spouse, even due to fortuitous event, used for the
benefit of the family
(7) Net remainder of CPG shall constitute the profits which
shall be divided equally between husband and wife except
when:
(a) A different proportion or division was agreed upon in
the marriage settlements
(b) There has been a voluntary waiver or forfeiture of such
share as provided in the FC
(8) Presumptive legitimes are delivered to common children
(9) Conjugal dwelling goes to:
(a) Spouse with whom majority of common children
choose to remain (below 7 years old. = deemed to have
chosen the mother)
(b) Whoever the court chooses in case of lack of majority
IN BOTH ACP AND CPG:
Rules in case of termination of marriage by death of one of
the spouses [Art. 104]:
(1) The community property shall be liquidated in the same
proceeding for the settlement of the estate of the deceased
spouse.
(2) If no such judicial settlement proceeding is instituted,
surviving spouse shall liquidate the community property
either judicially or extra-judicially within one year from the
death of the deceased spouse.
(a) If no liquidation is made within the period, any
disposition or encumbrance involving community property
of the terminated marriage shall be void.
(b) Non-compliance with liquidation procedures would
mean that a subsequently contracted marriage will follow a
regime of complete separation of property.
Procedure for liquidation of properties of two marriages [Art.
104]:
(1) Determine the capital, fruits, and income of each
community upon such proof as may be considered according
to the rules of evidence.
(2) In case of doubt as to which community the existing
properties belong, they shall be divided between two
communities in proportion to the capital and duration of
each.
SEPARATION OF PROPERTY OF THE SPOUSES AND
ADMINISTRATION OF COMMON PROPERTY BY ONE SPOUSE
DURING THE MARRIAGE (Art. 134)
JUDICIAL SEPARATION OF PROPERTY MAY EITHER BE (1)
VOLUNTARY OR (2) FOR SUFFICIENT CAUSE.
(a) Sufficient Causes and Grounds for Return to Previous
Regime
Sufficient Causes for Judicial Separation of Property (Art. 135)
(1) Spouse of petitioner has been sentenced to a penalty
which carries with it the penalty of civil interdiction
(2) Spouse of petitioner is judicially declared an absentee
(3) Loss of parental authority of the spouse of petitioner has
been decreed by the court
(4) Spouse of petitioner has abandoned the latter or failed
to comply with his or her obligations to the family
(5) The spouse granted the power of administration in the
marriage settlements has abused that power
(6) At the time of the petition, the spouses have been
separated in fact for at least 1 year and reconciliation is
highly improbable.
Grounds for Return to Previous Regime
(Art. 141)
(1) Termination of the civil interdiction
(2) Reappearance of absentee spouse
(5) Restoration of parental authority to the spouse
previously deprived of it
(4) When the spouse who left the conjugal home without
legal separation resumes common life with the other
(3) When the court, being satisfied that the spouse granted
the power of administration in will not again abuse that
power, authorizes the resumption of said administration
(6) Reconciliation and resumption of common life of the
spouse who have separated in fact for at least 1 year
(7) When after voluntary dissolution of the ACP or CPG has
been judicially decreed upon the joint petition of the
spouses, they agree to the revival of the former property
regime. No voluntary separation of property may thereafter
be granted.
SEPARATION OF PROPERTY
When it applies
- Agreed upon in the marriage settlements by the spouses
- Mandatory under Arts. 103 & 130 (subsequent marriages
contracted by a surviving spouse without judicial settlement
of previous property regime)
- Default property regime when there is reconciliation
between spouses after judicial separation of property
What it consists of
- Present or future property or both
- Each spouse’s earnings from his or her own profession,
business, or industry
- Natural, industrial or civil fruits of spouse’s separate
properties
- May be total or partial
If partial, property not considered separate is presumed
to pertain to the ACP
Liabilities
- Family expenses: Both spouses are liable in proportion to
their income; if insufficient, based on the current value of
their separate properties
- Creditors for family expenses: Spouses solidarily liable
Ownership, administration, enjoyment, and disposition
- Spouses may own, dispose, possess, and administer
separate estates without the consent of the other
- Administration of exclusive properties may be transferred
between spouses when:
1. One spouse becomes the other spouse’s guardian
2. One spouse is judicially declared an absentee
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.
Art. 149. The family, being the foundation of the nation, is a
basic social institution which public policy cherishes and
protects. Consequently, family relations are governed by law
and no custom, practice or agreement destructive of the
family shall be recognized or given effect.

PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE, ARTS. THE FAMILY AS AN INSTITUTION

147-148 ASPECTS OF FAMILY RELATIONS
(1) External Aspect
Art. 147 Art. 148 (a) Governed by law (Art. 149)
Applicability (b) Only in this aspect can third persons and the public
- Man and woman living Man and woman living interest be concerned
together as husband and together as husband and (2) Internal Aspect
wife, with capacity to wife, NOT (a) Sacred to the family and inaccessible to law because
marry (Art.5, without any capacitated to marry law must respect the freedom of action of man
legal impediment) (a) Under 18 years old (b) E.g. spiritual relations, sexual relations of spouses,
(a) at least 18 years old (b) Adulterous relationship career or profession of spouses, profession and career of
(b) not Art. 37 (c) Bigamous/polygamous spouses, practices and customs of family
(incestuous void marriage
marriage) (d) Incestuous marriages FAMILY RELATIONS INCLUDE:
(c) not Art. 38 (void under Art. 37 (1) Between husband and wife
marriage by reason of (e) Void marriages by reason (2) Between parents and children
public policy) of public policy under Art. 38 (3) Among other ascendants and descendants
(d) not bigamous (4) Among brothers and sisters, full or half blood.
- Other void marriages General rule: (Art. 151):
due to absence of formal No suit between members of the same family shall prosper.
requisite Except: For a suit between members of the same family to
Salaries and wages prosper, the following are required:
Owned in equal shares Separately owned by parties (1) Earnest efforts towards a compromise have been made
Properties acquired through exclusive funds (2) Such efforts have failed
Remains exclusive, Remains exclusive (3) Such earnest efforts and the fact of failure must be
provided there is proof alleged
Properties acquired by both through work and industry Note: The case will be dismissed if it is shown that no such
efforts were made.
Governed by rules on co- Owned in common in
ownership proportion to respective The rules shall not apply to cases, which may not be the
subject of compromise.
contribution
EXCEPTIONS TO THE GENERAL RULE – CANNOT BE SUBJECT
Properties acquired while living together
OF COMPROMISE (ART 2035, CC;)
Owned in equal shares No presumption of joint
(1) Civil status of persons,
since it is presumed to acquisition. When there is
(2) Validity of marriage or a legal separation,
have been acquired evidence of joint acquisition
(3) Any ground for legal separation,
through joint efforts but none as to the extent of
(4) Future support,
actual contribution, there is
(5) Jurisdiction of courts,
a presumption of equal
(6) Future legitime
sharing.
If one party did not Joaquina v. Reyes (2004):
THE FAMILY HOME
participate in acquisition, Prohibitions against
CONSTITUTED BY:
presumed to have donations between
(1) Jointly by the husband and the wife
contributed through care spouses must likewise apply
(2) By an unmarried head of a family;
and maintenance of to donations between
family and household persons living
INCLUDES:
together in illicit relations
(1) Dwelling house where they and their family reside
Forfeiture
(2) The land on which it is situated (Art. 152)
(1) In favor of their If one party is validly The actual value of the family home shall not exceed, at the
common children married to another his/her time of the constitution, the amount of P300,000.00 in
(2) In case of default of or share in the coowned urban areas, and P200,000.00 in rural areas or such amounts
waiver by any or all properties will accrue to the as may hereafter be fixed by law. (Art. 157)
of the common children ACP/CPG of his/her existing A person may constitute and be the beneficiary of only one
or their valid marriage family home (Art. 161)
descendants, each If the party who acted in bad The provisions of the Chapter on Family Home shall govern
vacant share shall faith is not validly married to existing family residences insofar as said provisions are
belong to the respective another, inapplicable (Art. 162)
surviving his/her share shall be
descendants forfeited in the same GUIDELINES:
In the absence of such manner as that provided in (1) It is deemed constituted from time of actual occupation
descendants, such share Art 147. as a family residence
belongs to the innocent The same rules on forfeiture (2) It must be owned by person constituting it
party shall apply if both parties are (3) It must be permanent
in bad (4) Rule applies to valid and voidable and even to common-
law marriages under Arts.147 and 148
VI. The Family
(5) It continues despite death of one or more spouses or
unmarried head of family for 10 years or as long as there is
a minor beneficiary (Art.159)
(6) Can only constitute one family home
GR: The family home is exempt from from the time of its
constitution and so long as any of its beneficiaries actually
resides therein (Art. 153):
(1) Execution
(2) Forced sale
(3) Attachment
Exceptions in the exemption of the family home from
execution (Art. 155)
(1) Nonpayment of taxes.
(2) Debts incurred prior to the constitution of the family
home.
(3) Debts secured by mortgages on the premises before or
after such constitution.
(4) Debts due to laborers, mechanics, architects, builders,
materialmen and others who have rendered service or
furnished material for the construction of the building.
BENEFICIARIES OF THE FAMILY HOME (ART. 154)
(1) Husband and wife, or an unmarried person who is the
head of the family
(2) Parents (may include parent-in-laws), ascendants,
descendants, brothers and sisters (legitimate/illegitimate),
who are living in the family home and who depend on the
head of the family for support
REQUISITES TO BE A BENEFICIARY
(1) The relationship is within those enumerated
(2) They live in the family home
(3) They are dependent for legal support on the head of the
family
REQUIREMENTS FOR THE SALE, ALIENATION, DONATION,
ASSIGNMENT, OR ENCUMBRANCE OF THE FAMILY HOME
(ART. 158)
(1) the written consent of the person constituting it,
(2) his/her spouse, and
(3) majority of the beneficiaries of legal age
Note: If there is a conflict, the Court will decide.
In case of death of one or both spouses or the unmarried
head of the family (Art. 159):
The family home shall continue despite the death of one or
both spouses or of the unmarried head of the family for a
period of ten years, or as long as there is a minor beneficiary.
The heirs cannot partition the home unless the court finds
compelling reasons therefore.
REQUISITES FOR CREDITOR TO AVAIL OF THE RIGHT UNDER
ARTICLE 160 (If a claim of a creditor is not among the
exceptions mentioned in Art. 155 and has reasonable
grounds to believe that the family home is worth more than
the amount fixed in Art. 157)
Requisites:
(1) He must be a judgment creditor;
(2) His claim is not among those excepted under
Article155, and
(3) He has reasonable grounds to believe that the family
home is worth more than the maximum amount fixed in Art.
157.
VII. PATERNITY AND FILIATION
KINDS OF FILIATION (ARTS. 163, 164, 165):
(1) Natural
(a) Legitimate
(b) Illegitimate
(2) Legal Fiction (Adoption)
LEGITIMATE CHILDREN
WHO ARE LEGITIMATE CHILDREN (ART. 164)
Those conceived or born during the marriage of parents
either by natural means or by artificial insemination
Natural/Biological
Artificial Insemination (Art. 164)
Requisites to be considered legitimate:
(a) Artificial insemination made on wife
(b) Sperm comes from any of the following:
(1) Husband
(2) Third Person Donor
(3) Husband and third person donor
(c) In case of donor sperm, husband and wife must
authorize/ratify insemination in a written instrument
(1) Executed & signed by husband and wife before the
birth of the child.
(2) Recorded in the civil registry together with the birth
certificate of the child.
[Tolentino]: Dual consent is required whether the semen
used comes from the husband or a third person donor
WHO ARE ILLEGITIMATE CHILDREN
General rule: Those conceived and born outside of a valid
marriage. [Art. 165]
Exceptions:
(1) Children of marriages void under Art. 36 (psychological
incapacity).
(2) And under Art. 53 (the second marriage of a widow or
widower who has not delivered to his or her children by his
or her first marriage the legitime of said children). (Sempio-
Dy)
De Castro v. Assidao-De Castro, (2008):
Common children born before the annulment are legitimate,
and therefore entitled to support from each of the spouses.
IMPUGNING LEGITIMACY
Grounds for impugning legitimacy of a child are [Art. 166]:
(1) Physical impossibility for the husband to have sexual
intercourse with his wife within the first
120 days of the 300 days which immediately preceded the
child's birth due to:
(a) Physical incapacity of the husband to have sexual
intercourse with his wife
(b) Husband and wife were living separately as to make
sexual intercourse impossible
(c) Serious illness of the husband absolutely preventing
sexual intercourse
(2) Other biological or scientific reasons, except
Artificial Insemination
(3) And in case of Artificial Insemination, the written consent
of either parent was vitiated through fraud, violence,
mistake, intimidation, or undue influence
Legitimacy with regard to the mother:
(1) Child considered legitimate although [Art. 167]:
(a) Mother may have declared against its legitimacy
(b) Mother may have been sentenced as an adulteress
(also applies to wife who was raped)
(2) If the marriage is terminated and the mother contracted
another marriage within 300 days after the termination of
the former marriage, the rules shall govern in the absence
of proof to the contrary [Art 168]:
(a) If child born before 180 days after the solemnization
of the subsequent marriage – child is considered conceived
during the former marriage, provided it be born within 300
days after termination of the former marriage
(b) If child born after 180 days following the celebration
of the subsequent marriage – child is considered conceived
during such marriage, even if it be born within 300 days after
the termination of the former marriage
Note: The legitimacy or illegitimacy of a child born after 300
days following the termination of the marriage – burden of
proof upon whoever alleges the status. [Art. 169]
ACTION FOR IMPUGNING LEGITIMACY [ARTS. 170 AND 171]
May be brought within 1, 2, or 3 years from the knowledge
of the birth, or the knowledge of registration of birth.
(1) Within 1 year if husband or any heirs reside in the same
city or municipality where the child was born or his birth was
recorded.
(2) Within 2 years if the husband or all heirs live in the
Philippines but do not reside in the same city or municipality
where the child's birth took place or was recorded
(3) Within 3 years if the husband or all heirs live outside
the Philippines when the child's birth took place or was
recorded in the Philippines
If the birth of the child has been concealed or was unknown
to the husband, the above periods shall be counted:
(1) From the discovery or knowledge of the birth of the child,
or
(2) From the discovery or knowledge of its registration,
(3) Whichever is earlier.
GR: Only the husband can impugn the legitimacy of a child.
If he does not bring an action within the prescribed periods,
he cannot file such action anymore thereafter, and this is
also true with his heirs.
EXC: That the heirs of the husband may file the action or
continue the same within the periods prescribed in Art. 170
[Art. 171]:
(a) If the husband died before the expiration of the period
fixed for bringing his action
(b) If he should die after the filing of the complaint without
having desisted therefrom
(c) If the child was born after the death of the husband.
Sayson v. CA (1992): Legitimacy can only be attacked directly.
PROOF OF FILIATION
Legitimate children may establish their filiation by any of the
following [Art. 172]:
(1) Primary Evidence
(a) Their record of birth appearing in the civil registry.
(b) An admission of his filiation (legitimate or illegitimate)
by his parent or parents in a public document or a private
handwritten instrument and signed by said parent or
parents
(2) Secondary Evidence
(a) Proof of open and continuous possession of status as
legitimate or illegitimate child
(b) Any other means stated by the rules of court or special
laws
Note: Only in the absence of primary evidence can
secondary evidence be admitted
ACTION FOR CLAIMING FILIATION [ART. 173]:
(a) The child can bring the action during his or her lifetime,
and once commenced such action survives even after the
death of the parents. The action does not prescribe as long
as he lives.
(b) If the child dies during minority or in a state of insanity,
such action shall be transmitted to his heirs, who shall have
a period of five years within which to institute the action.
RIGHTS OF LEGITIMATE CHILDREN [ART. 174]:
(a) To bear the surnames of the father and the mother, in
conformity with the provisions of the
Civil Code on Surnames
(b) To receive support from their parents, their ascendants,
and in proper cases, their brothers and sisters, in conformity
with the provisions of this Code on Support
(c) To be entitled to the legitimate and other successional
rights granted to them by the Civil
Code
ILLEGITIMATE CHILDREN
Illegitimate children may establish their illegitimate filiation
in the same way and on the same evidence (primary or
secondary) as legitimate children. [Art. 175]
ACTION FOR CLAIMING FILIATION [ART. 175]:
(a) For actions based on primary evidence, the same periods
stated in Art. 173 apply.
(b) For actions based on secondary evidence, the action may
only be brought during the lifetime of the alleged parent.
RIGHTS OF ILLEGITIMATE CHILD [ART. 176]:
(a) Use the surname and be under the parental authority of
the mother
(b) However, may use the surname of their father if
(1) Their filiation has been expressly recognized by the
father through the record of birth appearing in the civil
register.
(2) There is an admission in a public document or private
handwritten instrument made by the father.
(3) Provided, the father has the right to institute an action
before the regular courts to prove non-filiation during his
lifetime [RA 9255]
(c) Shall be entitled to support in conformity with the Family
Code
(d) Legitime shall consist of one-half of the legitime of a
legitimate child. Except for such modification, all other
provisions of the Civil Code governing successional rights
shall remain in force.
LEGITIMATED CHILDREN
"Legitimated" children are illegitimate children who because
of the subsequent marriage of their parents are, by legal
fiction, considered legitimate.
TO BE CAPABLE OF LEGITIMATION:
(1) The child must have been conceived and born outside of
wedlock; and
(2) GR: The parents, at the time of the child's conception,
were not disqualified by any impediment to marry each
other (Art. 177).
EXC: RA 9858 - Children born to parents who were so
disqualified only because either or both of them were below
eighteen (18) years of age at the time of child’s conception
may be legitimated.
PROCEDURE:
(a) Legitimation shall take place by a subsequent valid
marriage between the parents. The annulment of a voidable
marriage shall not affect the legitimation. [Art. 178]
(b) Effects of legitimation shall retroact to the time of the
child’s birth [Art. 180]
(c) Legitimation of children who died before the celebration
of the marriage shall benefit their descendants [Art. 181]
GROUNDS FOR IMPUGNING LEGITIMATION:
(1) The subsequent marriage of the child's parents is void.
(2) The child allegedly legitimated is not natural.
(3) The child is not really the child of the alleged parents.
(Sempio-Dy)
RIGHTS:
The same as those of legitimate children [Art. 179]
IMPUGNING LEGITIMATION [ART. 182]
(1) May be made only by those who are prejudiced in their
rights
(2) Within five years from the time their cause of action
accrues
VII. ADOPTION (3) Guardians
With respect to theirs ward after the termination of the
Legitimation Adoption guardianship and clearance of his/her accountabilities.
Legal effect
The law merely makes The law merely creates by Husband and wife shall adopt jointly, EXCEPT:
legal what exists by fiction a relation which did (1) If one spouse seeks to adopt the legitimate child of the
nature not in fact exist other
Persons affected (2) If one of the spouse seeks to adopt his/her illegitimate
Natural Children Strangers (generally) child provided that other spouse has signified his/her
Procedure consent
Extrajudicial acts of Always by judicial decree (3) If spouses are legally separated from each other
parents Note: If spouses jointly adopt, parental authority shall be
Who should apply exercised jointly
Both parents Both parents, but with
exceptions allowing only 2. Who can be adopted
(a) Minor who has been administratively or judicially
one of them to apply [RA
85520] declared available for adoption
(b) Legitimate child of one spouse by another
Effect on parent-child relationship
(c) Illegitimate child by a qualified adopter to improve the
Same status and rights Creates a relationship only
child’s status to that of legitimacy
with that of a legitimate between the child
(d) A person of legal age if, prior to the adoption, said person
child not only in relation and the adopting parents
has been consistently considered and treated by the
to the legitimizing parents
adopter(s) as his/her child since minority
but also to other relatives
(e) A child whose previous adoption has been rescinded
(f) A child whose biological or adoptive parent(s) has died,
ADOPTION is a juridical act, which creates between two
provided that no proceedings shall be initiated within 6
persons a relationship similar to that which results from
months from the time of death of said parent(s)
legitimate paternity and filiation.
Persons whose written consent is necessary for adoption
A. Domestic Adoption Act of 1998 (RA No. 8552)
[Sec. 9]
1. Who can adopt
(1) The prospective adoptee if 10 years or older
(1) Filipino Citizens
(2) The prospective adoptee’s biological parents, legal
(a) Of legal age
guardian or the government instrumentality or institution
(b) With full civil capacity and legal rights
that has custody of the child
(c) Of good moral character
(3) The prospective adopters’ legitimate and adopted
(d) Has not been convicted of any crime involving moral
children who are 10 years or older
turpitude
(4) The prospective adopters’ illegitimate children, if any,
(e) Emotionally and psychologically capable of caring for
who are 10 years or older and living with them
children
(5) The spouse, if any, of the person adopting or to be
(f) At least sixteen (16) years older than adoptee, except
adopted.
when adopter is biological parent of the adoptee or is the
Note: A decree of adoption shall be effective as of the date
spouse of the adoptee’s parent
the original petition was filed. It also applies in case the
(g) In a position to support and care for his/her children
petitioner dies before the issuance of the decree of adoption
in keeping with the means of the family
to protect the interest of the adoptee.
(2) Aliens
Same for Filipinos provided further that:
WHO MAY NOT ADOPT/ BE ADOPTED
(1) At least 27 years old
Art. 184 (as amended by RA 8552)
(2) His/her country has diplomatic relations with the
The following may not adopt:
Philippines
(1) The guardian, with respect to the ward prior to the
(3) Has been living continuously for 3 years (provided that
approval of the final accounts rendered upon the
absences not exceeding 60 days per 1 year for professional,
termination of the guardianship
business, or emergency reasons are allowed) in RP prior to
(2) Any person convicted of a crime of moral turpitude
the filing of application and maintains such residence until
the decree is entered
Art. 187
(4) Has been certified by his/her diplomatic or consular
The following may not be adopted:
office or any appropriate government agency that he/she
(1) A person of legal age unless he is a natural child of the
has the legal capacity to adopt in his/her country
adopter or of his/her spouse; or he was treated as a natural
(5) His/her government allows the adoptee to enter
child since minority
his/her country as his/her adoptee
(2) An alien whose government has no diplomatic relations
(6) Has submitted all the necessary clearances and such
with the Philippines
certifications as may be required
(3) A person already adopted unless his adoption has been
previously revoked/rescinded
**Items 3, 4 and 5 may be waived under the following
circumstances:
(a) Adopter is a former Filipino Citizen who seeks to adopt a
3. Rights of an adopted child (189-190, FC)
relative within the 4th degree of consanguinity or affinity
(a) Parental Authority
(b) Adopter seeks to adopt the legitimate or illegitimate child
All legal ties between biological parents and adoptee are
of his/her Filipino spouse
severed, and the same shall be vested on the adopter,
(c) Adopter is married to a Filipino Citizen and seeks to adopt
except if the biological parent is the spouse of the adopter.
jointly with his/her spouse a relative within the 4th degree
[Art. 189 as amended]
of consanguinity or affinity of the Filipino spouse
(b) Legitimacy
The adoptee shall be considered legitimate son/daughter of
the adopter for all intents and purposes, and shall be
entitled to all the rights and obligations provided by law to
legitimate children born to them without discrimination of
any kind. [Art. 189 as amended]
(c) Succession
Adopter and adoptee shall have reciprocal rights of
succession without distinction from legitimate filiation, in
legal and intestate succession. If adoptee and his/her
biological parents had left a will, the law on testamentary
succession shall govern. [Art. 189 as amended]
Art. 190 as amended. Rules on legal or intestate succession
to the estate of the adoptee:
(1) Legitimate and illegitimate children, descendants and the
surviving spouse of the adoptee shall inherit in accordance
with the ordinary rules of legal/intestate succession
(2) When the surviving spouse OR illegitimate children AND
adopters concur, they shall inherit on a 50-50 basis
(3) When the surviving spouse AND illegitimate children AND
adopters concur, they shall inherit on a 1/3-/1/3-1/3 basis
(4) When only adopters survive, they shall inherit
100% of the estate
(5) When only collateral blood relatives survive, ordinary
rules of legal or intestate succession shall apply Art. 365,
NCC. An adopted child shall bear the surname of the adopter.
4. Instances when adoption may be rescinded
Adoptee may request for rescission, with the assistance of
DSWD if he/she is a minor or over 18 but incapacitated,
based on the ff. grounds:
(1) Repeated physical and verbal maltreatment by adopters
despite having undergone counseling
(2) Attempt on life of adoptee
(3) Sexual assault or violence
(4) Abandonment or failure to comply with parental
obligations
Note: Adoption, being in the best interest of the child, shall
not be subject to rescission by the adopter(s). However,
the adopter(s) may disinherit the adopted based on causes
enumerated in Art. 919 of the NCC:
(1) Conviction of an attempt on the life of the adopter
(2) Having accused, without grounds, the adopter of a
crime punishable by imprisonment for more than 6 years
(3) Conviction of adultery/concubinage with the
adopter’s spouse
(4) Having caused the adopter to make or change a will
by force, intimidation or undue influence
(5) Refusal without just cause to support the adopter
(6) Maltreatment of the adopter by word/deed
(7) Living a dishonorable/disgraceful life
(8) Conviction of a crime which carries with it the
penalty of civil interdiction
5. Effects of rescission
[Sec. 20]:
(1) Parental authority of the adoptee's biological parents, if
known, OR the legal custody of the
DSWD shall be restored if the adoptee is still a minor or
incapacitated
(2) Reciprocal rights and obligations of the adopters and the
adoptee shall be extinguished
(3) Court shall order the Civil Registrar to cancel the
amended certificate of birth of the adoptee and restore
his/her original birth certificate
(4) Succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of judicial
rescission
(5) Vested rights prior to judicial rescission shall be
respected
Note: Rescission contemplates a situation where the
adoption decree remains valid until its termination
B. Inter-country Adoption Act of 1995 (RA. No. 8043)
INTER-COUNTRY ADOPTION refers to the socio-legal process
of adopting a Filipino child by a foreigner or a Filipino citizen
permanently residing abroad where the petition is filed, the
supervised trial custody is undertaken, and the decree of
adoption is issued outside the Philippines
1. When allowed
- when it shall prove beneficial to the child's best interests,
and shall serve and protect his/her fundamental rights.
2. Who can adopt
Any foreign national or a Filipino citizen permanently
residing abroad who has the qualifications and none of the
disqualifications under the Act may file an application if
he/she:
(a) Is at least 27 years of age and at least 16 years older than
the child to be adopted, at the time of application unless the
adopter is the parent by nature of the child to be adopted or
the spouse of such parent
(b) If married, his/her spouse must jointly file for the
adoption
(c) Has the capacity to act and assume all rights and
responsibilities of parental authority under his national laws,
and has undergone the appropriate counseling from an
accredited counselor in his/her country
(d) Has not been convicted of a crime involving moral
turpitude
(e) Is eligible to adopt under his/her national law
(f) Is in a position to provide the proper care and support and
to give the necessary moral values and example to all his
children, including the child to be adopted
(g) Agrees to uphold the basic rights of the child as embodied
under Philippine laws, the U.N.
Convention on the Rights of the Child, and to abide by the
rules and regulations issued to implement the provisions of
this Act
(h) Comes from a country with whom the Philippines has
diplomatic relations and whose government maintains a
similarly authorized and accredited agency and that
adoption is allowed under his/her national laws
3. Who can be adopted
(a) Only a legally-free child may be the subject of inter-
country adoption.
(b) A legally-free child is one who has been voluntarily or
involuntarily committed to the
DSWD of the Philippines, in accordance with the
Child and Youth Welfare Code.
(c) No child shall be matched to a foreign adoptive family
unless it is satisfactorily shown that the child cannot be
adopted locally.
(d) In order that such child may be considered for placement,
the following documents must be submitted to the Board:
(a) Child study
(b) Birth Certificate / Foundling Certificate
(c) Deed of Voluntary Commitment/ Decree of
Abandonment/ Death Certificate of parents
(d) Medical Evaluation / History
(e) Psychological Evaluation, as necessary
(f) Recent photo of the child
C. Distinction between domestic adoption and inter-country
adoption
DOMESTIC ADOPTION INTER-COUNTRY
ADOPTION
 Governed by RA 8552, the Governed by RA 8043, the From the separate property of the obligor. If no separate
Domestic Adoption Act of Inter-Country Adoption property, the ACP/CPG (if financially capable) shall advance
1998; procedure governed Act of 1995; procedure the support, to be deducted from the obligor’s share upon
by AM No. 02-06-02-SC, governed by the Amended liquidation of such regime. [Art. 197]
Aug. 22, 2002. Implementing Rules and
Regulations on ICAA. ORDER OF SUPPORT
Applies to domestic Applies to adoption of a If there are multiple obligors
adoption of Filipino Filipino child in a foreign (1) Spouses
children, where the entire country, where the (2) Descendants, nearest in degree
adoption process petition for adoption is (3) Ascendants, nearest in degree
beginning from the filing of filed, the supervised trial (4) Brothers and Sisters [Art. 199]
the petition up to the custody is undertaken and [Tolentino]: The order of liability among ascendants and
issuance of the adoption the decree of adoption is descendants would be: (1) legitimate children and
decree takes place in the issued outside of the descendants, (2) legitimate parents and ascendants, (3)
Philippines. Philippines. illegitimate children and their descendants.
A child legally available for Only a legally free child When two or more are obliged to give support, the payment
adoption may be adopted. may be adopted. shall be divided between them IN
Requisites: Requisites: PROPORTION to their resources;
Also, in case of URGENT NEED and by special circumstances,
a) Below 18 years of age; a) Below 15 years of age; judge may order only one obligor to furnish support without
and and prejudice to reimbursement from other obligors of the share
b) Judicially declared b) Has been voluntarily due from them (Art. 200).
available for adoption. or involuntarily committed If there are multiple recipients and only one obligor, and the
c) Exceptions: to the DSWD in latter has no sufficient means to satisfy all claims:
d) Legitimate accordance with PD 603. (1) Observe order in Article 199 as to whose claim shall be
son/daughter of one satisfied first;
spouse by the other (2) But if the concurrent obligees are the spouse and a child
spouse; subject to parental authority, the child shall be preferred.
e) Illegitimate [Art. 200]
son/daughter by a
qualified adopter; STRANGER GIVES SUPPORT
f) Person of legal age if, When, WITHOUT THE KNOWLEDGE of the person obliged to
prior to the adoption said give support, it is given by a stranger, the stranger has the
person has been right to claim the same from the person obliged, unless it
consistently considered appears that he gave it without intention of being
and treated by the reimbursed. [Art. 206]
adopter/s as his/her own
child since minority. PERSON OBLIGED REFUSES OR FAILS TO GIVE SUPPORT
When the person obliged to give support UNJUSTLY
REFUSES OR FAILS to give support when urgently needed,
IX. Support any third person may furnish support to the needy individual,
WHAT IT COMPRISES with right of reimbursement from the person obliged to give
Consists of everything indispensable for sustenance, support. This particularly applies when the father or mother
dwelling, clothing, medical attendance, education and of a minor child unjustly refuses to support or fails to give
transportation, in keeping with the financial capacity of the support to the child when urgently needed. [Art. 207]
family. [Art. 194]
(a) Education includes a person’s schooling or training for CONTRACTUAL SUPPORT OR THAT GIVEN BY WILL
some profession, trade or vocation. The excess in amount beyond that required for legal support
[Art. 194] shall be subject to levy on attachment or execution. [Art. 208]
(b) Transportation includes expenses in going to and from Reason: The amount of support agreed upon in the contract
school, or to and from place of work. [Art. 194] or given in the will can be more than what the recipient
(c) The right and duty to support, especially the right to needs (Sempio-Diy).
education, subsists even beyond the age of majority. [Art. Furthermore, contractual support shall be subject to
194] adjustment whenever modification is necessary due to
changes in circumstances manifestly beyond the
WHO ARE OBLIGED TO SUPPORT EACH OTHER: contemplation of the parties. [Art. 208]
(a) Spouses;
(b) Legitimate ascendants and descendants; SUPPORT DURING MARRIAGE LITIGATION
(c) Parents and their children (legitimate and illegitimate) Pending legal separation or annulment, and for declaration
and the children of the latter (legitimate and illegitimate); of nullity, support (pendente lite) for spouses and children
(d) Legitimate brothers and sisters, whether of full or half- will come from the ACP/CPG.
blood; [Art. 195] After final judgment granting the petition, mutual support
(e) Illegitimate brothers and sisters, whether of full or half- obligation between spouses ceases. (But in legal separation
blood, EXCEPT when the need for support of one (of age) is court may order guilty spouse to give support to innocent
due to a cause imputable to his/her fault or negligence. [Art. spouse.) [Art. 198]
196] Note: De facto separation does not affect the ACP, except
that the spouse who leaves the conjugal home without just
Note: Both legitimate and illegitimate children are entitled cause shall not be entitled to support. [Art. 100]
to support.
AMOUNT
PROPERTIES ANSWERABLE FOR SUPPORT
The amount of support is in proportion to the means of the
provider and the needs of the receiver, and can be reduced
or increased if such circumstances change. [Arts. 201, 202]
WHEN DEMANDABLE
(a) The obligation to give support shall be
DEMANDABLE from the time the person who has a right to
receive the same needs it for maintenance, but it shall not
be PAYABLE except from the date of judicial or extra-judicial
demand. [Art. 203]
(b) Support pendente lite may be claimed in accordance with
the Rules of Court. [Art. 203]
(c) Payment shall be made within the first five days of each
corresponding month. When the recipient dies, his heirs
shall not be obliged to return what he has received in
advance. [Art. 203]
OPTIONS
(a) Payment of the amount; or
(b) Receiving and maintaining the recipient in the home of
the provider, unless there is a legal or moral obstacle for
doing so.
ATTACHMENT
The right to receive support as well as any money or
property obtained as such support shall not be levied upon
on attachment or execution. (Art. 205)
SUPPORT DURING MARRIAGE LITIGATION
Pending legal separation or annulment, and for declaration
of nullity, support (pendente lite) for spouses and children
will come from the ACP/CPG.
After final judgment granting the petition, mutual support
obligation between spouses ceases. (But in legal separation
court may order guilty spouse to give support to innocent
spouse.) [Art. 198]
Note: De facto separation does not affect the ACP, except
that the spouse who leaves the conjugal home without just
cause shall not be entitled to support. [Art. 100]
GENERAL PROVISIONS
Parental authority is the mass of rights and obligations which
parents have in relation to the person and property of their
children until their emancipation, and even after this under
certain circumstances (Manresa).
PARENTAL AUTHORITY INCLUDES [ART. 209]:
(1) The caring for and rearing of children for civic
consciousness and efficiency;
(2) The development of the moral, mental and physical
character and well-being of said children
Rules as to the exercise of PA:
1. The father and the mother shall JOINTLY exercise parental
authority over the persons of their common children. In case
of disagreement, the father’s decision shall prevail UNLESS
there is a judicial order to the contrary
2. If the child is illegitimate, parental authority is with the
mother.
Parental Preference Rule
- the natural parents, who are of good character and who
can reasonably provide for the child are ordinarily entitled
to custody as against all persons
Rule in case of legal separation of parents:
- parental authority is exercised by the parent designated by
the court.
- No child under 7 years of age shall be separated from the
mother.
EXCEPTION:
When the court finds compelling reason to order otherwise.
NOTE: Paramount consideration in matters of custody of a
child is the welfare and well-being of the child. (Tonog vs. CA)
Persons Exercising Substitute PA:
1. surviving grandparent
2. oldest brother or sister over 21 years of age unless unfit
or disqualified
3. actual custodian unless unfit or disqualified

AMOUNT Persons Exercising Special PA:

The amount of support is in proportion to the means of the 1. school
provider and the needs of the receiver, and can be reduced 2. administrators and teachers
or increased if such circumstances change. [Arts. 201, 202] 3. individual, entity or institution engaged in child care

WHEN DEMANDABLE NOTES:

(a) The obligation to give support shall be - Parental authority and responsibility are inalienable and
DEMANDABLE from the time the person who has a right to may not be transferred and renounced except in cases
receive the same needs it for maintenance, but it shall not authorized by law.
be PAYABLE except from the date of judicial or extra-judicial - Parents may exercise parental authority over their child’s
demand. [Art. 203] property
(b) Support pendente lite may be claimed in accordance with
the Rules of Court. [Art. 203] Kinds of Properties of a Minor
(c) Payment shall be made within the first five days of each Adventitious Profectitious
corresponding month. When the recipient dies, his heirs 1. earned or acquired by 1. property given by the
shall not be obliged to return what he has received in the child through his work parents to the child for the
advance. [Art. 203] or industry by onerous or latter to administer
gratuitous title
OPTIONS 2. owned by the child 2. owned by the parents
(a) Payment of the amount; or 3. child is also the 3. parents are the
(b) Receiving and maintaining the recipient in the home of usufructuary, but the usufructuary
the provider, unless there is a legal or moral obstacle for child’s use of the property
doing so. shall be secondary to the
collective daily needs of
ATTACHMENT the family
The right to receive support as well as any money or 4. property administered 4. property administered
property obtained as such support shall not be levied upon by the parents by the child
on attachment or execution. (Art. 205)

X. Parental Authority SUSPENSION OR TERMINATION OF PARENTAL

Child Abuse Law (RA 7610, Sec 10c)
AUTHORITY;
RA 7610 – CHILD ABUSE LAW
PARENTAL AUTHORITY PERMANENTLY TERMINATES
(1) Upon death of parents [Art. 228]
(2) Upon death of child [Art. 228]
(3) Upon emancipation of child [Art. 228]
(4) If the parents exercising parental authority has subjected
the child or allowed him to be subjected to sexual abuse [Art.
232]
Note: In the case of death of parents, there is no 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]
TERMINATION OF PARENTAL AUTHORITY WHICH CAN BE
REVIVED BY FINAL JUDGMENT [ART. 229]
(1) Upon adoption of the child;
(2) Upon the appointment of a general guardian for the child;
(3) Upon judicial declaration of
(a) Abandonment of the child in a case filed for the purpose
(b) Absence or incapacity of the person exercising parental
authority
(4) Upon final judgment of a competent court divesting the
party concerned of parental authority.
GROUNDS FOR SUSPENSION OF PARENTAL AUTHORITY [ART.
230-231]
(1) Conviction of parent for crime which carries with it the
penalty of civil interdiction
(2) Treats child with excessive harassment and cruelty
(3) Gives corrupting orders, counsel, or example
(4) Compels child to beg
(5) Subjects or allows acts of lasciviousness
SCOPE OF SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY
[ART. 233]
(a) The person exercising substitute parental authority shall
have the same authority over the person of the child as the
parents.
(b) In no case shall the school administrators, teacher or
individual engaged in child care exercising special parental
authority inflict corporal punishment upon the child.
RA 7610 – CHILD ABUSE LAW
An ascendant, stepparent or guardian of a minor who shall
induce, deliver or offer the minor to:
(1) Any one prohibited to keep the minor or
(2) Any one prohibited to have in his company a
minor, twelve (12) years or under or who is ten (10) years or
more his junior in any public or private place, hotel, motel,
beer joint, discotheque, cabaret, pension house, sauna or
massage parlor, beach and/or other tourist resort or similar
places shall suffer penalties and imprisonment.
Note: Those not prohibited to have in his company such
minor in any of the mentioned places: anyone who is related
within the fourth degree of consanguinity or affinity or any
bond recognized by law, local custom and tradition or acts
in the performance of a social, moral or legal duty.
XI. Emancipation
Art. 234. Emancipation takes place by the attainment of
majority. Unless otherwise provided, majority commences
at the age of eighteen years.
Art. 236. Emancipation shall terminate parental authority
over the person and property of the child who shall then be
qualified and responsible for all acts of civil life, save the
exceptions established by existing laws in special cases.
Contracting marriage shall require parental consent until the
age of twenty-one.
Nothing in this Code shall be construed to derogate from the
duty or responsibility of parents and guardians for children
and wards below twenty-one years of age mentioned in the
second and third paragraphs of Article 2180 of the Civil Code.
RA 6809:
By virtue of this law, emancipation can no longer take place
by virtue of the minor’s marriage or by the concession of the
parents to a minor in a recorded public instrument.
XII. Retroactivity of the Civil Code
This Code shall have retroactive effect insofar as it does not
prejudice or impair vested or acquired rights in accordance
with the Civil Code or other laws. [Art 256]
INVALIDITY OF OTHER PROVISIONS
If any provision is held invalid, other provisions not affected
shall remain valid. [Art. 255]
XIII. Funerals
1. duty and right to make arrangement in funerals in
accordance with Article 199, FC
2. the funeral shall be in keeping with the social position of
the deceased
3. the funeral shall be in accordance with the expressed
wishes of the deceased
a. in the absence of the expressed wishes, his religious
beliefs or affiliation shall determine
b. in case of doubt, the persons in
Article 199, FC shall decide
4. any person who disrespects the dead or allows the same
shall be liable for damages
XIV. Use of Surnames
SURNAMES OF CHILDREN
(1) Legitimate and legitimated children shall principally use
the surname of the father. [Art.
364]
(2) An adopted child shall bear the surname of the adopter.
[Art. 365]
(3) A natural child acknowledged by both parents shall
principally use the surname of the father. If recognized by
only one of the parents, a natural child shall employ the
surname of the recognizing parent. [Art 366]
(4) Natural children by legal fiction shall principally employ
the surname of the father [Art. 367]
(5) Illegitimate children referred to in Article 287 shall bear
the surname of the mother. [Art 368]
(6) Children conceived before the decree annulling a
voidable marriage shall principally use the surname of the
father. [Art. 369]
WIFE AFTER AND DURING MARRIAGE
(1) A married woman may use [Art. 370]:
(a) Her maiden first name and surname and add her
husband's surname, or
(b) Her maiden first name and her husband's surname or
(c) Her husband's full name, but prefixing a word indicating
that she is his wife, such as "Mrs."
(2) In case of annulment of marriage, and the wife is the
guilty party, she shall resume her maiden name and
surname. If she is the innocent spouse, she may resume her
maiden name and surname.
However, she may choose to continue employing her former
husband's surname, unless [Art. 371]:
(a) The court decrees otherwise, or
(b) She or the former husband is married again to another
person.
(3) When legal separation has been granted, the wife shall
continue using her name and surname employed before the
legal separation. [Art. 372]
(4) A widow may use the deceased husband's surname as b. private dominion or ownership
though he were still living, in accordance with Article 370. 3. Alienability
[Art 373] a. within the commerce of man (or which may be the
objects of the contracts or judicial transactions)
CONFUSION AND CHANGE OF NAMES b. outside the commerce of man
In case of identity of names and surnames, the younger 4. Existence
person shall be obliged to use such additional name or a. present property (res existents)
surname as will avoid confusion. [Art. 374] b. future property (res futurae)
In case of identity of names and surnames between [NOTE: Both present and future property, like a
ascendants and descendants, the word "Junior" can be used harvest, may be the subject of sale but generally not the
only by a son. Grandsons and other direct male descendants subject of a donation.].
shall either [Art. 375]: 5. Materiality or Immateriality
(a) Add a middle name or the mother's surname, or a. tangible or corporeal
(b) Add the Roman Numerals II, III, and so on. b. intangible or incorporeal
No person can change his name or surname without judicial 6. Dependence or Importance
authority. [Art. 376] a. Principal
Usurpation of a name and surname may be the subject of an b. Accessory
action for damages and other relief. 7. Capability of Substitution
[Art. 377] a. fungible-capable of substitution by other things of the
The unauthorized or unlawful use of another person's same quantity and quality
surname gives a right of action to the latter [Art. 378] b. non-fungible-incapable of such substitution, hence, the
The employment of pen names or stage names is permitted, identical thing must be given or returned
provided it is done in good faith and there is no injury to 8. Nature or Definiteness
third persons. Pen names and stage names cannot be a. generic -one referring to a group or class
usurped. [Art. 379] b. specific- one referring to a single, unique object
Except as provided in the preceding article, no person shall
use different names and surnames. [Art 380] 9. Whether in the Custody of the Court or Free a. in custodia
legis-in the custody of the court
b. “free’’ property
XV. Absence
Declaration of Absence III. OWNERSHIP
Presumption of Death Without Administrator With Administrator
Ordinary absence Extraordinary/ qualified 2 years from the lapse of 5 years from the lapse of
absence time without news about time without news about
a. 7 YEARS, person For all purposes including the absentee or since the the absentee or since the
presumed dead for all those of opening receipt of the last news receipt of the last news
purposes except for those succession, a period of 4 The right to enjoy, dispose, and recover a thing without
of opening succession b. YEARS, and for purposes of further limitations than those established by law or the will
10 YEARS, person remarriage of the spouse of the owner.
presumed dead for present, a period of 2
purposes of opening YEARS, is sufficient under Rights included:
succession except if he the following 1. Right to enjoy: (PUFA)
disappeared after the age circumstances: a. person a) to possess (jus possidendi)
of 75, in which case, a on board a vessel lost b) to use (jus utendi)
period of 5 years is during a sea voyage or an c) to the fruits (jus fruendi) and accessions d) to abuse (jus
sufficient c. 4 YEARS, aeroplane which is abutendi)
person presumed dead for missing; period is counted 2. Right to dispose: (DATE)
purposes of remarriage of from the loss of the vessel a) to destroy
the spouse present or aeroplane b. person in b) to alienate
the armed forces who has c) to transform
taken part in war c. person d) to encumber
in danger of death under 3. Right to vindicate: (RP)
other circumstances and a) pursuit
his existence has not been b) recovery
known 4. Right to exclude: (ER)
a) to enclose, fence and delimit
PART III. PROPERTY b) to repel intrusions even with force
All things which are, or may be the object of appropriation
Characteristics: (EGEIP)
I. CHARACTERSITICS 1. Ownership is Elastic – power/s may be reduced and
1. Utility for the satisfaction of moral or economic wants. thereafter automatically recovered upon the cessation of
2. Susceptible of appropriation. the limiting rights.
3. Individuality or substantivity, that is, it can exist by itself 2. General – the right to make use of all the possibilities or
and not merely as part of a whole. utility of the thing owned, except those attached to other
real rights existing thereon.
II. Classification 3. Exclusive – there can only be one ownership over a thing
1. Mobility and non-mobility at a time. There may be two or more owners but ONLY ONE
a. movable or personal property ownership.
b. immovable or real property 4. Independence – It exists without necessity of any other
2. Ownership right
a. public dominion or ownership
5. Perpetuity – ownership lasts as long as the thing exists. It
cannot be extinguished by non user but only by adverse
possession
Limitations:
1. General limitations imposed by the State for its benefit
2. Specific limitations imposed by law
3. Limitations imposed by the party transmitting the
property either by contract or by will
4. Limitations imposed by the owner himself
5. Inherent limitations arising
a) The segregation and transfer must be caused by the
current of a river, creek or torrent.
b) The segregation and transfer must be sudden or abrupt
c) The portion of land transported must be known or
identified
3. Change of course of rivers
Requisites:
a) There must be a natural change in the course of the
waters of the river
b) The change must be abrupt or sudden

IV. ACCESSION 4. Formation of Islands

The right by virtue of which the owner of a thing becomes RULES ON OWNERSHIP
the owner of everything that it may produce or which may a. If formed by the sea:
be inseparably united or incorporated thereto, either 1) within territorial waters - State
naturally or artificially. 2) outside territorial waters – to the first occupant
b. If formed in lakes, or navigable or floatable rivers - State
Classifications: c. If formed on non-navigable or non-floatable rivers:
1. Accession Discreta – the right pertaining to the owner of 1) if nearer to one margin or bank – to the nearer reparian
a thing over everything produced thereby owner
Kinds of Fruits 2) if equidistant from both banks- to the reparian owners,
a. natural fruits – spontaneous products of the soil and the by halves.
young and other products of animals KINDS (accession continua as to movables):
b. industrial fruits – those produced by lands of any kind 1. Adjunction
through cultivation or labor the union of two things belonging to different
c. civil fruits – rents of buildings, price of leases or lands and owners, in such a manner that they cannot be separated
the amount of perpetual or life annuities or other similar without injury, thereby forming a single object.
income Requisites:
a) the two things must belong to different owners
GENERAL RULE: To the owner belongs the natural, b) that they form a single object, or that their separation
industrial, and civil fruits. would impair their nature
EXCEPTIONS: If the thing is: (PULA)
a) in possession of a possessor in good faith; Kinds:
b) subject to a usufruct; a. inclusion or engraftment
c) leased or pledged; or b. soldadura or soldering
d) in possession of an antichretic creditor c. escritura or writing
d. pintura or painting
2. Accession Continua – the right pertaining to the owner of e. tejido or weaving
a thing over everything that is incorporated or attached
thereto either naturally or artificially; by external forces. Tests to determine principal:
a. the “rule of importance and purpose
a. With respect to real property b. that of greater value
i. accession industrial c. that of greater volume
 building, planting or sowing d. that of greater merits
ii. accession natural
 alluvium, avulsion, change of river course, and Rules:
formation of islands a) Adjunction in good faith by either owner: GENERAL RULE:
b. With respect to personal property accessory follows the principal. EXCEPTIONS: if the
i. adjunction or conjuction accessory is much more precious than the principal, the
ii. commixtion or confusion owner of the accessory may demand the separation even if
iii specification the principal suffers some injury
b) Adjunction in bad faith by the owner of the principal
ACCESSION NATURAL option of the owner of the accessory:
1. Alluvion or alluvium – increment which lands abutting i) to recover the value plus damages
rivers gradually receive as a result of the current of the ii) to demand separation plus damages
waters. c) Adjunction in bad faith by the owner of the accessory
Concept: it is the gradual deposit of sediment by the i) he loses the accessory
natural action of a current of fresh water (not sea water, ii) he is liable for damages
the original identity of the deposit being lost. When separation of things allowed:
Requisites: a. separation without injury
a) the deposit be gradual and imperceptible b. accessory is more precious than the principal c. owner of
b) that it be made through the effects of the current of the the principal acted in bad faith
water
c) that the land where accretion takes place is adjacent to
the banks of the river.
2. Mixture
2. Avulsion – the transfer of a known portion of land from Union of materials where the components lose
one tenement to another by the force of the current. The their identity.
portion of land must be such that it can be identified as
coming from a definite tenement. Kinds:
Requisites: a. Commixtion – mixture of solids
b. Confusion –mixture of liquids
Rules:
a. By the will of both owners or by accident: each owner
acquires an interest in proportion to the value of his
material
b. By one owner in good faith: apply rule(a)
c. By one owner in bad faith:
i) he loses all his rights to his own material
ii) he is liable for damages
3. Specification
It is the transformation of another’s material by
the application of labor. The material becomes a thing of
different kind.
Labor is the principal
Rules:
a) Owner of the principal (worker) in good faith: i) maker
acquires the new thing
ii) he must indemnify the owner of the material EXCEPTION:
if the material is more valuable than the resulting thing, the
owner of the material has the option:
1) to acquire the work, indemnifying for the labor, or
2) to demand indemnity for the material
b) owner of the principal (worker) in bad faith: the owner of
the material has the option:
i) to acquire the result without indemnity
ii) to demand indemnity for the material plus damages
c) Owner of the material in bad faith
i) he loses the material
ii) he is liable for damages
V. QUIETING OF TITLE
It is an equitable action in rem to determine the condition
of the ownership or the rights to immovable property, and
remove doubts thereon.
Requisites:
1. plaintiff must have a legal or equitable title to, or interest
in the real property which is the subject matter of the
action;
2. there must be a cloud in such title;
3. such cloud must be due to some instrument, record,
claim, encumbrance or proceeding which is apparently
valid but is in truth invalid, ineffective, voidable or
unenforceable, and is prejudicial to the plaintiff’s title; and
4. plaintiff must return to the defendant all benefits he may
have received from the latter, or reimburse him for
expenses that may have redounded to his benefit.
Prescriptive Period:
1. plaintiff in possession – imprescriptible
2. plaintiff not in possession – 10 (ordinary) or 30 years
(extraordinary)
The action to quiet title does not apply:
a) to questions involving interpretation of documents
b) to mere written or oral assertions of claims; EXCEPT:
i) if made in a legal proceeding
ii) if it is being asserted that the instrument or entry in
plaintiff’s favor is not what it purports to be
c) to boundary disputes
d) to deeds by strangers to the title UNLESS purporting to
convey the property of the plaintiff
e) to instruments invalid on their face
f) where the validity of the instrument involves pure
questions of law
VI. CO-OWNERSHIP
Definition: the right of common dominion which two or
more persons have in a spiritual part of a thing which is not
physically divided.  Concept: co-ownership exists where
the ownership of a thing physically undivided pertains to
more than one person.
Characteristics:
a) plurality of subjects (the coowners)
b) there is a single object which is not materially divided
c) there is no mutual representation by the co-owners
d) it exist for the common enjoyment of the co-owners
e) it has no distinct legal personality
f) it is governed first of all by the contract of the parties;
otherwise, by special legal provisions, and in default of such
provisions, by the provisions of Title III on co-ownership
Sources:
1. Law
2. Contract
3. Chance
4. Occupation
5. Succession
6. Testamentary disposition or donation inter vivos
Rules:
1. Rights of each co-owner as to the thing owned in
common: USBRAPLDP
a) To use the thing owned in common
Limitations:
i) use according to the purpose for which it was intended
ii) interest of the co-ownership must not be prejudiced
iii) other co-owners must not be prevented from using it
according to their own rights
b) To share in the benefits and charges in proportion to the
interest of each.
NOTE: Any stipulation to the contrary is void.
c) To the benefits of prescription: prescription by one co-
owner benefits all.
d) Repairs and taxes: to compel the others to share in the
expenses of preservation even if incurred without prior
notice.
NOTE: The co-owner being compelled may exempt himself
from the payment of taxes and expenses by renouncing his
share equivalent to such taxes and expenses. The value of
the property at the time of the renunciation will be the
basis of the portion to be renounced.
e) Alterations: to without the consent of all, even if
beneficial.
NOTES: Alteration is an act by virtue of which a co-owner
changes the thing from the state in which the others
believe it should remain, or withdraws it from the use to
which they desire it to be intended.
f) To protest against seriously prejudicial decisions of the
majority
g) Legal redemption: to be exercised within 30 days from
written notice of sale of an undivided share of another co-
owner to a stranger
h) To defend the co-ownership’s interest in court
i) To demand partition at any time
Partition is the division between 2 or more
persons of real or personal property which they own in
common so that each may enjoy and possess his sole
estate to the exclusion of and without interference from
others
GENERAL RULE: Partition is demandable by any of the co-
owners as a matter of right at any time.
EXCEPTIONS:
1) When there is a stipulation against it; but not to exceed
10 years.
2) When the condition of indivision is imposed by the
donor or testator; but not to exceed 20 years.
3) When the legal nature of the community prevents
partition.
4) When partition would render the thing unserviceable.
5) When partition is prohibited by law
6) When another co-owner has possessed the property as
exclusive owner for a period sufficient to acquire it by
prescription.
2. The following questions are governed by the majority of
interests:
a) Management
Minority may appeal to the court against the
majority’s decision if the same is seriously prejudicial.
b) Enjoyment
c) Improvement or embellishment
3. Rights as to the ideal share of each co-owner:
a) Each has full ownership of his part and of his share of the
fruits and benefits
b) Right to substitute another person its enjoyment,
EXCEPT when personal rights are involved
c) Right to alienate, dispose or encumber
d) Right to renounce part of his interest to reimburse
necessary expenses incurred by another co-owner
e) Transactions entered into by each co-owner only affect
his ideal share
EXTINGUISHMENT OF CO-OWNERSHIP (CALSTEP)
1. consolidation or merger in one co-owner
2. acquisitive prescription in favor of a third person or a co-
owner who repudiates the co-ownership
3. loss or destruction of property co-owned
4. sale of property co-owned
5. termination of period agreed upon by the co-owners
6. expropriation
7. judicial or extra-judicial partition
VII. POSSESSION
Concept: the material holding or control of a thing or the
enjoyment of a right.
Requisites:
1. occupancy, apprehension, or taking
2. deliberate intention to possess
3. by virtue of ones own right
Degrees:
1. possession without any title whatsoever
2. possession with juridical title
3. possession with just title sufficient to transfer ownership
4. possession with a title in fee simple
Classes:
a) In one’s own name – where possessor claims the thing
for himself
b) In the name of another – for whom the thing is held by
the possessor
c) In the concept of owner – possessor of the thing or right ,
by his actions, is considered or is believed by other people
as the owner, regardless of the good or bad faith of the
possessor
d) In the concept of holder – possessor holds it merely to
keep or enjoy it, the ownership pertaining to another
person; possessor acknowledges in another a superior right
which he believes to be ownership.
NOTE: None of these holders assert a claim of ownership in
himself over the thing but they may be considered as
possessors in the concept of owner, or under claim of
ownership, with respect to the right they respectively
exercise over the thing.
e) In good faith – possessor is not aware that there is in his
title or mode of acquisition a defect that invalidates it
Requisites:
1. Ostensible title or mode of acquisition
2. Vice or defect in the title
3. Possessor is ignorant of the vice or defect and must have
an honest belief that the thing belongs to him
NOTE: Gross and inexcusable ignorance of the law may not
be the basis of good faith, but possible, excusable
ignorance may be such basis. (Kasilag vs Roque, 69 PHIL
217)
f) In bad faith – possessor is aware of the invalidating defect
in his own title.
NOTES:
 Only personal knowledge of the flaw in one’s title
or mode of acquisition can make him a possessor
in bad faith. It is not transmissible even to an
heir.
 Possession in good faith ceases from the moment
defects in his title are made known to the
possessor. This interruption of good faith may
take place at the date of summons or that of the
answer if the date of summons does not appear.
However, there is a contrary view that the date
of summons may be insufficient to convince the
possessor that his title is defective.
Presumptions in favor of possessor:
1. of good faith
2. of continuity of initial good faith
3. of enjoyment in the same character in which possession
was acquired until the contrary is proved
4. of non-interruption in favor of the present possessor
5. of continuous possession by the one who recovers
possession of which he was wrongfully deprived
6. of extension of possession of real property to all
movables contained therein
Object of possession:
GENERAL RULE: All things and rights susceptible of being
appropriated
EXCEPTIONS:
1. Res communes
2. Property of public dominion
3. Discontinuous servitudes
4. Non-apparent servitudes
Acquisition of possession:
Manner
1. Material occupancy of the thing
2. Subjection to the action of our will
3. Proper acts and legal formalities established for
acquiring such right.
Conflicts between several claimants:
GENERAL RULE: Possession cannot be recognized in two
different personalities except in case of co-possession
when there is no conflict
Criteria in case of dispute:
1. present/actual possessor shall be preferred
2. if there are two possessors, the one longer in possession
3. if the dates of possession are the same, the one with a
title
4. if all the above are equal, the fact of possession shall be
judicially determined, and in the meantime, the thing shall
be placed in judicial deposit
Possession of movables
Possession of movables in good faith is equivalent to title.
Requisites:
a) possession is in good faith
b) the owner has voluntarily parted with the possession of
the thing
c) possessor is in the concept of owner One who has lost or
has been unlawfully deprived of it , may recover it from
whomsoever possesses it, ordinarily, without
reimbursement.
Doctrines:
a) owner of the thing must prove
(1) ownership of the thing and
(2) loss or unlawful deprivation; or bad faith of the
possessor
b) Where the owner acts negligently or voluntarily parts
with the thing owned, he cannot recover it from the
possessor
c) The owner may recover the movable in case of loss or
involuntary deprivation; but must reimburse the price paid if
possessor acquired the thing in good faith and at a public
sale.
Loss of possession:
1. By the will of the possessor
a) Abandonment
b) Transfer or conveyance
2. Against the will of the possessor
a) Eminent domain
b) Acquisitive prescription
c) Judicial decree in favor of better right
d) Possession of another for more than one year
NOTE: this refers to possession de facto where the
possessor loses the right to a summary action; but he may
still bring action publiciana or reivindicatoria
e) By reason of the object
i. destruction or total loss of the things
ii. withdrawal from commerce
VIII. USUFRUCT
gives a right to enjoy the property of another
with the obligation of preserving its form and substance,
unless the title constituting it or the law otherwise
provides.
Characteristics:
a. Real right
b. Of temporary duration
c. To derive all advantages from the thing due to normal
exploitation
d. may be constituted on real or personal property,
consumable or non-consumable, tangible or intangible, the
ownership of which is vested in another
e. transmissible
GENERAL RULE: Usufructuary is bound to preserve the form
and substance of the thing in usufruct.
EXCEPTION: Abnormal usufruct whereby the law or the will
of the parties may allow the modification of the substance
of the thing.
Special Usufructs:
a) of pension or income (Art 570)
b) of property owned in common (Art. 582)
c) of cattle (livestock) (Art. 591)
d) on vineyards and woodlands (Art. 575-576)
e) on a right of action (Art. 578)
f) on mortgaged property (Art. 600)
g) over the entire patrimony (Art. 598)
h) over things which gradually deteriorate (Art. 573)
i) of consumable property (Art 574)
Rights of the Usufructuary:
1. As to the thing and its fruits
a. To receive and benefit from the fruits
b. To enjoy any increase through accessions and servitudes
c. To the half of the hidden treasure he accidentally finds
d. To lease the thing, generally, for the same or shorter
period as the usufruct.
e. To improve the thing without altering its form and
substance
f. Right to set-off the improvements he may have made on
the property against any damage to the same
g. To retain the thing until he is reimbursed for advances
for extraordinary expenses and taxes on the capital
h. To collect reimbursements from the owner for
indispensable extraordinary repairs, taxes on the capital he
advanced, and damages caused to him.
i. To remove improvements made by him if the same will
not injure the property
2. As to the usufruct itself
a. To mortgage the right of usufruct except parental
usufruct
b. To alienate the usufruct
Obligations of the usufructuary:
1. Before exercising the usufruct:
a. To make an inventory of the property b. To give a bond,
EXCEPT
1) when no prejudice would result
2) when the usufruct is reserved by the donor or parents
3) in cases of caucion juratoria where the usufructuary,
being unable to file the required bond or security, files a
verified petition in the proper court asking for the delivery
of the house and furniture necessary for himself and his
family without any bond or security.
 takes an oath to take care of the things and
restore them
 property cannot be alienated or encumbered or
leased because this would mean that the
usufructuary does not need it.
NOTE: Effects of failure to post bond:
1. owner shall have the following options:
a. receivership of realty, sale of movables, deposit of
securities, or investment of money; OR
b. retention of the property as administrator
2. the net product shall be delivered to the usufructuary
3. usufructuary cannot collect credits due or make
investments of the capital without the consent of the owner
or of the court until the bond is given.
2. During the usufruct:
a. To take care of the property
b. To replace with the young thereof animals that die or are
lost in certain cases when the usufruct is constituted on
flock or herd of livestock
c. To make ordinary repairs
d. To notify the owner of urgent extra-ordinary repairs
e. To permit works and improvements by the naked owner
not prejudicial to the usufruct
f. To pay annual taxes and charges on the fruits g. To pay
interest on taxes on capital paid by the naked owner
h. To pay debts when the usufruct is constituted on the
whole patrimony
i. To secure the naked owner’s or court’s approval to
collect credits in certain cases
j. To notify the owner of any prejudicial act committed by
third persons
k. To pay for court expenses and costs regarding usufruct
3. At the termination of the usufruct:
a. To return the thing in usufruct to the owner unless there
is a right of retention
b. To pay legal interest on the amount spent by the owner
for extraordinary repairs or taxes on the capital
c. To indemnify the owner for any losses due to his
negligence or of his transferees
Extinguishment of Usufruct: (PT2DERM)
1. Prescription
2. Termination of right of the person constituting the
usufruct
3. Total loss of the thing
4. Death of the usufructuary, unless contrary intention
appears
5. Expiration of the period or fulfillment of the resolutory
condition
6. Renunciation of the usufructuary
7. Merger of the usufruct and ownership in the same
person
IX. EASEMENT OR SERVITUDE
Encumbrance imposed upon an immovable for
the benefit of a community or one or more persons or for
the benefit of another immovable belonging to a different
owner.
Concept: it is a real right, constituted on the corporeal
immovable property of another, by virtue of which the
owner of the latter has to refrain from doing or must allow
something to be done on his property, for the benefit of
another person or tenement.
Characteristics:
a) It is a real right but will affect third persons only when
duly registered
b) It is enjoyed over another immovable, never on one’s
own property
c) It involves two neighboring estates (in case of real
easements)
d) It is inseparable from the estate to which it is attached,
and, therefore, cannot be alienated independently of the
estate
e) It is indivisible for it is not affected by the division of the
estate between two or more persons
f) It is a right limited by the needs of the dominant owner
or estate, without possession g) It cannot consist in the
doing of an act unless the act is accessory in relation to a
real easement
h) It is a limitation on the servient owner’s rights of
ownership for the benefit of the dominant owner; and,
therefore, it is not presumed
Classification:
1. As to its exercise:
a)Continuous Easements – those the use of which is, or
may be, incessant without the intervention of any act of
man
b) Discontinuous Easements – those which are used at
intervals and depend upon the acts of man
2. As to the indication of their existence:
a) Apparent Easements – those which are made known and
are continually kept in view by external signs that reveal
the use and enjoyment of the same
b) Non-apparent Easements – those which show no
external indication of their existence
3. As to duty of servient owner:
a) Positive – the servient owner must allow something to
be done in his property or do it himself. These are called
servitudes of intrusion and or/service”
b) Negative – the servient owner must refrain from doing
something which he could lawfully do if the easement did
not exist
Modes of Acquisition: (PDFAT)
1. by prescription of 10 years (continuous and apparent
easements)
2. by deed of recognition
3. by final judgment
4. by apparent sign established by the owner of two
adjoining estates
5. by title
Dominant Owner
Rights:
1. To exercise all the rights necessary for the use of the
easement
2. To make on the servient estate all the works necessary
for the use and preservation of the servitude
3. To renounce the easement if he desires to exempt
himself from contribution to necessary expenses
4. To ask for mandatory injunction to prevent impairment
of his use of the easement
Obligations:
1. Cannot render the easement or render it more
burdensome
2. Notify the servient owner of works necessary for the use
and preservation of the servitude
3. Choose the most convenient time and manner in making
the necessary works as to cause the least inconvenience to
the servient owner
4. Contribute to the necessary expenses if there are several
dominant estates
Servient Owner
Rights:
1. To retain ownership and possession of the servient
estate
2. To make use of the easement, unless there is agreement
to the contrary
3. To change the place or manner of the easement,
provided it be equally convenient
Obligations:
1. Cannot impair the use of the easement
2. Contribute to the necessary expenses in case he uses the
easement, unless there is an agreement to the contrary
Extinguishment of Easements: (REMAIN BREW) 1.
Redemption agreed upon
2. Expiration of the term or fulfillment of the resolutory
condition
3. Merger of ownership of the dominant and servient
estate
4. Annulment of the title to the servitude
5. Permanent Impossibility to use the easement 6. Non-user
for 10 years a. discontinuous: counted from the day they
ceased to be used b. continuous: counted from the day an
act adverse to the exercise takes place
7. Bad condition - when either or both estates fall into such
a condition that the easement could not be used
8. Resolution of the right to create the servitude, i.e. in case
of pacto de retro, when the property is redeemed
9. Expropriation of the servient estate
10. Waiver by the dominant owner
EASEMENT FOR WATERING CATTLE
This is really a combined easement for drawing of water
and right of way
Requisites:
a) must be imposed for reasons of public use
b) must be in favor of a town or village
c) indemnity must be paid
EASEMENT OF AQUEDUCT
The right arising from a forced easement by virtue of which
the owner of an estate who desires to avail himself of
water for the use of said estate may make such waters pass
through the intermediate estate with the obligation of
indemnifying the owner of the same and also the owner of
the estate to which the water may filter or flow.
Character: apparent and continuous
Requisites:
a) dominant owner must prove that he has the capacity to
dispose of the water
b) that the water is sufficient for the intended use
c) that the course is most convenient, and least onerous to
the 3rd person
d) payment of indemnity
RIGHT OF WAY
The right granted to the owner of an estate which is
surrounded by other estates belonging to other persons
and without an adequate outlet to a public highway to
demand that he be allowed a passageway throughout such
neighboring estates after payment of proper indemnity
Requisites:
1. Claimant must be an owner of enclosed immovable or
one with real right
2. There must be no adequate outlet to a public highway
3. Right of way must be absolutely necessary
4. Isolation must not be due to the claimant’s own act
5. Easement must be established at the point least
prejudicial to the servient estate
6. Payment of proper indemnity
 it is the needs of the dominant property which
ultimately determine the width of the passage,
and these needs may vary from time to time
(Encarnacion vs. CA, 195 SCRA 72).
 Special cause of extinction: the opening of a
public road, or joining the dominant tenement to
another with exit on a public road.
NOTE: the extinction in NOT automatic. There must be a
demand for extinction coupled with tender of indemnity by
the servient owner.
PARTY WALL
a common wall which separates 2 estates built by common
agreement at the dividing line such that it occupies a
portion of both estates on equal parts.
Presumptions of existence (juris tantum):
1. in adjoining walls of buildings, up to common elevation
2. in dividing walls of gardens and yards (urban)
3. in dividing fences, walls and live hedges of rural
tenements
4. in ditches or drains between tenements
Rebuttal of presumption:
1. title
2. by contrary proof:
3. by signs contrary to the existence of the servitude (Arts.
660 & 661)
NOTE: if the signs are contradictory, they cancel each other
Rights of part owners:
1. to make use of the wall in proportion to their respective
interests, resting buildings on it or inserting beams up to
one-half of the wall’s thickness
2. to increase the height of the wall
a. at his expense
b. upon payment of proper indemnity
c. to acquire half interest in any increase of thickness or
height, paying a proportionate share in the cost of the work
and of the land covered by the increase
Obligations of each part-owners:
1. to contribute proportionately to the repair and
maintenance unless he renounces his partownership
2. if one part owner raises the height of the wall, he must:
a. bear the cost of maintenance of the additions
b. bear the increased expenses of preservation c. bear the
cost of construction d. give additional land, if necessary, to
thicken the wall
LIGHT AND VIEW
1. Easement of Light (jus luminum) - right to admit light
from the neighboring estate by virtue of the opening of a
window or the making of certain openings
Requisites:
a. opening must not be greater than 30 centimeters
squared, made on the ceiling or on the wall; and
b. there must be an iron grating
2. Easement of view (jus prospectus) – the right to make
openings or windows, to enjoy the view through the estate
of another and the power to prevent all constructions or
work which would obstruct such view or make the same
difficult. It necessarily includes easement of light
Restrictions on openings in one’s own wall when contiguous
(less than 2m) to another’s tenement:
1. it cannot exceed 1 foot sq. (30 cm each side) 2. openings
must be at the height of the joists, near the ceiling (Choco
vs. Santamaria, 21 Phil 132)
3. the abutting owner may: a. close the openings if the wall
becomes a party wall b. block the light by building or
erecting his own wall unless a servitude is acquired by title
or prescription c. ask for the reduction of the opening to
the proper size
Restrictions as to views
1. Direct views: the distance of 2 METERS between the wall
and the boundary must be observed
2. Oblique views: (walls perpendicular or at an angle to the
boundary line) must not be less than 60cm from the
boundary line to the nearest edge of the window
NOTE: Any stipulation permitting lesser distances is void.
Modes of acquisition:
1. by title
2. by prescription
a. positive – counted from the time of the opening of the
window, if it is through a party wall
b. negative – counted from the formal prohibition on the
servient owner.
NOTE: mere non-observance of distances prescribed by Art.
670 without formal prohibition, does not give rise to
prescription
VOLUNTARY EASEMENTS
 Constituted by the will of the parties or of a
testator.
 The owner possessing capacity to encumber
property may constitute voluntary servitude. If
there are various owners, ALL must consent; but
consent once given is not revocable
 Voluntary easements are established in favor of:
1. predial servitudes:
a. for the owner of the dominant estate
b. for any other person having any juridical relation
with the dominant estate, if the owner ratifies it.
2. personal servitudes: for anyone capacitated to
accept.
X. NUISANCE
Any act, omission, establishment, business or condition
of property or anything else which: (ISAHO)
1. Injures/endangers the health or safety of others;
2. Shocks, defies or disregards decency or morality;
3. Annoys or offends the senses;
4. Hinders or impairs the use of property; or
5. Obstructs or interferes with the free passage to any
public highway or street, or body of water.
Classes:
1. Per se – nuisance at all times and under all circumstances
regardless of location and surrounding.
2. Per accidens – nuisance by reason of circumstances,
location, or surroundings.
3. Public – affects the community or a considerable number
of persons.
4. Private – affects only a person or a small number of
persons.

Doctrine of Attractive Nuisance:
One who maintains on his premises dangerous
instrumentalities or appliances of a character likely to
attract children in play and who fails to exercise ordinary
care to prevent children from playing therewith or
resorting thereto is liable to a child of tender years who is
injured thereby, even if the child is technically a trespasser
in the premises
Remedies against public nuisance: (PCE)
1. Prosecution under the RPC or local ordinance
2. Civil Action
3. Extrajudicial Abatement
Remedies against private nuisance: (CE)
1. Civil Action
2. Extrajudicial Abatement
Extrajudicial Abatement
Requisites:
1. nuisance must be specially injurious to the person
affected;
2. no breach of peace or unnecessary injury must be
committed;
3. prior demand;
4. prior demand has been rejected;
5. approval by district health officer and assistance of
local police; and 6. value of destruction does not
exceed P3,000.
THEORY OF MODE AND TITLE
MODE is the specific cause which gives rise to them, as
the result of the presence of a special condition of
things, of the aptitude and intent of persons, and of
compliance with the conditions established by law.
This is the proximate cause of the acquisition.  TITLE
is the juridical justification for the acquisition or a
transfer of ownership or other real right. This is the
remote cause of the acquisition.
XI. MODES OF ACQUIRING OWNERSHIP
OCCUPATION
a mode of acquiring ownership by the seizure of
things corporeal which have no owner, with the
intention of acquiring them, and according the rules
laid down by law.
Requisites:
1. there must be seizure of a thing
2. the thing seized must be corporeal personal
property
3. the thing must be susceptible of appropriation by
nature
4. the thing must be without an owner
5. there must be an intention to appropriate
Specific instances:
1. hunting and fishing
2. finding of movables which do not have an owner
3. finding of abandoned movables
4. finding of hidden treasure
5. catching of swarm of bees that has escaped from its
owner, under certain conditions
6. catching of domesticated animals that have escaped
from their owners, under certain conditions
7. catching of pigeons without fraud or artifice
8. transfer of fish to another breeding
TRADITION/DELIVERY
a mode of acquiring ownership as a consequence of
certain contracts, by virtue of which, the object is placed in
the control and possession of the transferee, actually or
constructively.
Kinds:
1. Real Tradition - actual delivery
2. Constructive Tradition
a. traditio symbolica – parties make use of a token or
symbol to represent the thing delivered
b. traditio longa manu – by mere consent of the parties if
the thing sold cannot be transferred to the possession of
the vendee at the time of the sale
c. traditio brevi manu – when the vendee already has
possession of the thing sold by virtue of another title
d. traditio constitutum possessorium – when the vendor
continues in possession of the thing sold not as owner but
in some other capacity
3. Quasi-tradition – exercise of the right of the grantee with
the consent of the grantor
4. Tradicion por ministerio de la ley – delivery by operation
of law
5. Tradition by public instrument
Requisites:
1. right transmitted should have previously existed in the
patrimony of the grantor
2. transmission should be by just title
3. grantor and grantee should have intention and capacity
to transmit and acquire
4. transmission should be manifested by some act which
should be physical, symbolical or legal
XII. DONATION
an act of liberality whereby a person disposes
gratuitously of a thing or right in favor of another who
accepts it
Requisites: CIDA
1. donor must have capacity to make the donation
2. he must have donative intent (animus donandi)
3. there must be delivery
4. donee must accept or consent to the donation
Essential features/elements of a true donation:
a) Alienation of property by the donor during his lifetime,
which is accepted
b) Irrevocability by the donor
c) Intention to benefit the donee (animus donandi)
d) Consequent impoverishment of the donor (diminution of
his assets)
Classification:
1. As to effectivity:
a. inter vivos
b. mortis causa
c. propter nuptias
2. As to perfection/extinguishment:
a. pure
b. with a condition
c. with a term
3. As to consideration:
a. simple – gratuitous
b. remuneratory or compensatory – made on account of
donee’s merits
c. modal – imposes upon the donee a burden which is less
than the value of the thing donated
Donations prohibited by law:
1. Made by persons guilty of adultery or concubinage at the
time of donation;
2. Made between persons found guilty of the same criminal
offense in consideration thereof;
3. Made to a public officer or his/her spouse, descendants
or ascendants in consideration of his/her office;
4. Made to the priest who heard the confession of the
donor during the latter’s last illness, or the minister of the
gospel who extended spiritual aid to him during the same
period;
5. Made to relatives of such priest, etc. within the 4th
degree, or to the church to which such priest belongs;
6. Made by a ward to the guardian before the approval of
accounts;
7. Made to an attesting witness to the execution of
donation, if there is any, or to the spouse, parents, or
children, or anyone claiming under them.
8. Made to a physician, surgeon, nurse, health officer or
druggist who took care of the donor during his/her last
illness;
9. Made by individuals, associations or corporations not
permitted by law to make donations; and
10. Made by spouses to each other during the marriage or
to persons of whom the other spouse is a presumptive heir.
Forms of donations:
1. Donations of movable property:
a. With simultaneous delivery of property donated:
i.it may be oral/written – P5,000 or less;
ii.if value exceeds P5,000 – written in public or private
document
b. Without simultaneous delivery:
the donation and acceptance must be written in a public or
private instrument, regardless of value
2. Donation of immovable property:
a. must be in a public instrument specifying the property
donated and the burdens assumed by donee, regardless of
value
b. acceptance must be either:
i. in the same instrument; or
ii. in another public instrument, notified to the donor in
authentic form, and noted in both deeds
NOTE: Expression of gratitude to the donor without express
acceptance was held a sufficient acceptance (Cuevas vs
Cuevas)
LIMITATIONS ON DONATION OF PROPERTY:
1. Future property cannot be donated.
2. Present property that can be donated:
a) if the donor has forced heirs: he cannot give or receive
by donation more than he can give of receive by will
b) if the donor has no forced heirs: donation may include all
present property provided he reserves in full ownership or
in usufruct:
1) the amount necessary to support him, and
2) those relatives entitled to support from him
3) property sufficient to pay the donor’s debt contracted
prior to the donation.
3. Donation should not prejudice creditors
4. Donee must reserve sufficient means for his support and
for his relatives which are entitled to be supported by him.
EFFECTS OF DONATION
1. donee may demand the delivery of the thing donated
2. donee is subrogated to the rights of the donor in the
property
3. in donations propter nuptias, the donor must release the
property from encumbrances, except servitudes
4. donor’s warranty exists if a. expressed b. donation is
propter nuptias c. donation is onerous d. donor is in bad
faith
5. when the donation is made to several donees jointly,
they are entitled to equal portions, without accretion,
unless the contrary is stipulated
Payment of the donor’s debt by the done:
1. If there is express stipulation: the donee is to pay only
debts contracted before the donation, if not otherwise
specified; but the donee answers only up to the value of
the property donated, if no stipulation is made to the
contrary
2. If there is no stipulation: the donee is answerable for the
debts of the donor only in case of fraud against creditors.
ACTS OF INGRATITUDE:
1. If the donee should commit some offense against the
person, honor or 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 act has been
committed against the donee himself, his wife or children
under his authority
3. Refusal to support the donor
PRESCRIPTION
GENERAL RULE: Prescription does not adversely affect a co-
owner or co-heir. A co-owner cannot acquire the whole
property as against the other co-owners
Exception: valid repudiation- prescription shall start from
such repudiation
Exception to exception: In constructive trusts, prescription
does not run.
Concept: it is a mean of acquiring ownership and other real
rights or losing rights or actions to enforce such rights
through the lapse of time.
Kinds:
1. Acquisitive prescription - one acquires ownership and
other real rights through the lapse of time in the manner
and under the conditions laid down by law.
a. Ordinary acquisitive prescription:
requires possession of things in good faith and with just
title for the time fixed by law
b. Extraordinary acquisitive prescription: acquisition of
ownership and other real rights without need of title or of
good faith or any other condition
Requisites:
1) capacity to acquire by prescription
2) a thing capable of acquisition by prescription
3) possession of thing under certain conditions
4) lapse of time provided by law
2. Extinctive Prescription – rights and actions are lost
through the lapse of time in the manner and under the
conditions laid down by law.
Rules on Computation of Period:
1. The present possessor may complete the period
necessary for prescription by tacking his possession to that
of his grantor or predecessor
2. It is presumed that the present possessor who was also
the possessor at a previous time, has continued to be in
possession during the intervening time, unless there is
proof to the contrary
Persons Against Whom Prescription runs:
1. Minors and other incapacitated persons who have
parents, guardians or other legal representatives
2. Absentees who have administrators
3. Persons living abroad who have managers or
administrators
4. Juridical persons, except the state and its subdivision
Persons against whom prescription does NOT run:
1. Between husband and wife, even though there be
separation of property agreed upon in the marriage
settlements or by judicial decree.
2. Between parents and children, during the minority or
insanity of the latter OBLIGATION TO GIVE
3. Between guardian and ward during the continuance of
the guardianship Obligations of the debtor in delivery of a thing.

SPECIFIC GENERIC
Deliver the thing agreed Deliver the thing which is
PART IV. OBLIGATION AND CONTRACT
upon (Art. 1165, NCC) neither of superior nor
inferior quality
OBLIGATIONS Take care of the thing Specific performance i.e.
with the proper diligence delivery of another thing
I. Definition, Elements
of a good father of a within the same genus as the
a) Definition
family unless the law thing promised if such thing
An obligation is a juridicalnecessity to give, to
requires or parties is damaged due to lack of
do or not to do.( Article 1156, Civil Code)
stipulate another care or a general breach is
b) Elements
standard of care (Art. committed
A C T I V E S U B J E C T (Obligee/Cr
1163, NCC)
editor): theperson who has the rig
ht or power to demand the Deliver all accessions, If the object is generic, but
prestation. accessories and fruits of the source is specified or
PASSIVE SUBJECT the thing (Art. 1166, delimited, the obligation is
(Obligor/Debtor): the person NCC) to preserve the source
bound to the perform the Pay damages in case of Pay damages in case of
prestation. breach of obligation by breach of obligation by
PRESTATION reason of delay, fraud, reason of delay, fraud,
(Object): the conductrequired to b negligence, negligence, contravention of
e observed by thedebtor/obligor contravention of the the tenor thereof (Art. 1170)
(to give, to do or not to do). tenor thereof
VINCULUM JURIS Fortuitous event Obligation is not
(Juridical or Legal Tie;Efficient Cau extinguishes the extinguished (genus
se): that which binds or connects obligation nunquamperuit – genus
the parties to the obligation. never perishes)

II. Sources of Obligation (Article 1157)
1. Law (Article 1158)
Obligations derived from law are not
presumed. Only those expressly
determined
this Code or in special laws are
demandable, and shall be regulated by
the precepts of the law whic he
stablishes them; and as to what has not
been foreseen, by the provisions of this
Book.
2. Contracts (Article 1159)
Obligations arising from contracts have
the force of law between the
contracting parties and should be
complied with in good faith.
3. Quasi Contracts (Article 2142)
Certain lawful, voluntary and
unilateral acts give rise to the juridical r
elation of quasi-contract to the end that
no one shall be unjustly enriched or
benefited at the expense of another.
4. Delicts (Acts or omissions punished by
law; crimes)
5. Quasi Delicts/Torts (Voluntary acts or
omissions with fault or negligence
causing damage to another; not a crime
nor a contract)
III. Nature and Effects of Obligations
A. Kinds of Prestation
TO GIVE: real obligation; to deliver either (1) a
specific or determinate thing, or (2) a generic or
indeterminate thing.
TO DO: positive personal obligation; includes all
kinds of work or services.
NOT TO DO: negative personal obligation; to
abstain from doing an act; includes the obligation
not to give.
Remedies of the creditor in case debtor fail to deliver the
thing
SPECIFIC GENERIC OBLIGATION
OBLIGATION
in Specific performance Specific performance (delivery
of anything belonging to the
same species)
Rescission (action to Ask that the obligation be
rescind under Art. complied with at the debtor’s
1380, NCC) expense
Resolution (action for Resolution or specific
cancellation under performance, with damages in
Art. 1191, NCC) either case (Art. 1191, NCC)
Damages, in both cases (Art. 1170, NCC)
Note:May be exclusive or in addition to the above‐
mentioned remedies(Pineda, Obligations and Contracts,
2000 ed, p. 37)
Note: In obligation to deliver a specific thing, the creditor has
the right to demand preservation of the thing, its accessions,
accessories, and the fruits. The creditor is entitled to the
fruits and interests from the time the obligation to deliver
the thing arise.
Nature of the right of the creditor with respect to the fruits
1. Before delivery – personal right
2. After delivery – real right
Note: The creditor has a right to the fruits of the thing from
the time the obligation to deliver it arises. However, he shall
acquire no real right over it until the same has been
delivered to him (Art. 1164, NCC).
PERSONAL REAL
Jus ad rem Jus in re
Enforceable only against a Enforceable against the
definite person/group of whole world
persons
Right to demand from Right over a specific
another, as a definite thing, without a definite
passive subject, the passive subject against
 fulfillment of the prestation whom the right may be
to give, to do or not to do. personally enforced.
Has a definite passive No definite passive
subject subject
OBLIGATION TO DO OR NOT TO DO
Types of Personal Obligation
1. positive‐ to do
2. negative‐ not to do
Remedies of Creditor in personal obligations
1. positive personal obligations
a. not purely personal act‐ to have obligation
executed at debtor's expense plus damages
b. purely personal act‐ damages only.
Note; same rule applies if obligation is done in contravention
of the terms of the obligation.
2. Negative personal obligation‐ to have the
prohibited thing undone plus damages. However,
if thing cannot be physically or legally undone,
only damages may be demanded.
B. Forms of breach of Obligations
1. Voluntary –debtor is liable for damages if he is
guilty of:
a. default (mora)
b. fraud (dolo)
c. negligence (culpa)
d. breach through contravention of the
tenor thereof
2. Involuntary – debtor is unable to perform the
obligation due to fortuitous event thus not liable
for damages
Effects of breach of obligation
If a person obliged to do something fails to do it, or if he does
it in contravention of the tenor of the obligation, the same
shall be executed at his cost. And what has been poorly done,
be undone. (Art. 1167, NCC)
When the obligation consists in not doing, and the obligor
does what has been forbidden him, it shall also be undone
at his expense. (Art.1168, NCC)
Instances where the remedy under Art. 1168 is not available
1. Where the effects of the act which is forbidden are
definite in character – even if it is possible for the
creditor to ask that the act be undone at the
expense of the debtor, consequences contrary to
the object of the obligation will have been
produced which are permanent in character.
2. Where it would be physically or legally impossible
to undo what has been undone – because of:
a. the very nature of the act itself;
b. a provision of law; or
c. conflicting rights of third persons.
Note: In either case, the remedy is to seek recovery for
damages.
Delay/Default (Mora)
Those obliged to deliver or to do something incur
in delay from the time the obligee judicially or extrajudicially
demands from them the fulfillment of their obligation.
In reciprocal obligations, neither party incurs in
delay if the other does not comply in a proper manner with
what is incumbent upon him. From the moment one of the
parties fulfills his obligations, delay by the other begins. (Art.
1169, NCC)
Requisites of delay
1. Obligation must be due, demandable and
liquidated;
2. Debtor fails to perform his positive obligation on
the date agreed upon;
3. A judicial or extra‐judicial demand made by the
creditor upon the debtor to fulfill, perform or
comply with his obligation; and
4. Failure of the debtor to comply with such demand.
Note: In reciprocal obligations, the moment one party is
ready to comply with his obligation, delay by the other
begins. There is no need for demand from either party.
Kinds of delay or default
1. Mora solvendi – default on the part of the
debtor/obligor
a. Ex re – default in real obligations (to give)
b. Ex personae – default in personal
obligations (to do)
2. Mora accipiendi – default on the part of the
creditor/obligee
3. Compensatio morae – default on the part of both
the debtor and creditor in reciprocal obligations
Rules on default
1. Unilateral obligations
GR: Default or delay begins from extrajudicial or
judicial demand – mere expiration of the period
fixed is not enough in order that DR may incur
delay.
XPNs:
a. The obligation or the law expressly so
dictates;
b. Time is of the essence;
c. Demand would be useless, as DR has
rendered it beyond his power to
perform; or
d. DR has acknowledged that he is in
default.
2. Reciprocal obligations
GR: Fulfillment by both parties should be
simultaneous.
XPN: When different dates for the performance of
obligation is fixed by the parties.
Fraud
Fraud is an intentional evasion of the faithful
performance of the obligation.
In order that the obligor may be held liable for
damages, the fraud must be incidental fraud, or that which
is present during the performance of the obligation, and not
causal fraud, or fraud employed in the execution of a
contract, which vitiates consent.
Future fraud may not be waived.
Kinds of Fraud
 FRAUD DURING THE FRAUD DURING THE A happening independent of the will of the debtor
PERFECTION OF THE PERFORMANCE OF THE and which makes the normal fulfilment of the obligation
CONTRACT OR CAUSAL OBLIGATION OR impossible.
FRAUD INCIDENTAL FRAUD
(ART. 1338) (ART. 1344) C. Remedies of Creditors
When Employed
Before or during the During the performance Art. 1170, Civil Code. Those who in the performance of
perfection of a contract of a their obligations are guilty of fraud, negligence, or delay and
pre‐existing obligation those who in any manner contravene the tenor thereof, are
Purpose of Execution liable for damages.
To secure the consent of To evade the normal
Primary Remedies
another to enter into the fulfillment of the
1. Specific performance, or substituted
contract obligation
performance by a third person in case of an
Resultant Effect
obligation to deliver a generic thing, and in
Vitiation of consent Breach of an obligation obligations to do, unless it is a purely personal
Status of the Contract act; or
Voidable Valid 2. Rescission (or resolution in reciprocal
Right or Remedy of Aggrieved Party obligations);
Right of innocent party to Right of innocent 3. Damages, in any case;
annul the contract with party/creditor to claim for
damages damages Subsidiary remedies of creditors:
1. Accion subrogatoria- right of creditor
Remedies of defrauded party toexercise all of the rights and bring all of the
actions which his debtor may have against
1. Specific performance (Art. 1233, NCC) third persons; Novation by change of debtor
2. Resolution of the contract (Art. 1191, NCC)
(Art. 1291, par.3)
3. Damages, in either case
2. Accion pauliana - Rescission, which involves
Negligence/Fault (Culpa) the right of the creditor to attack or impugn
Negligence is the omission of that diligence which by means of a rescissory action any act of the
is required by the nature of the obligation and corresponds debtor which is in fraud and to the prejudice
with the circumstances of the person, of the time and of the of his rights as creditor
place (Art.1173). 3. Accion directa- (Art. 1729, 1652, 1608, 1893):
Effect of Contributory Negligence the right of lessor to go directly to a sublessee
Reduces or mitigates the recoverable damages, for unpaid rents of the lessee
UNLESS, the negligent act or omission of the creditor is the
proximate cause of the event which led to the damage or IV. Kinds of Obligations
injury complained of. In this case, he cannot recover. 1. Pure and Conditional
2. Obligations with a Period
3. Alternative Obligations
CULPA CONTRACTUAL CULPA AQUILIANA
4. Joint and Solidary Obligations
(CONTRACT) (QUASI‐DELICT)
5. Divisible and Indivisible Obligations
Negligence is merely an Negligence is
6. Obligations with a Penal Clause
incident in the performance substantive and
of an obligation independent
A. Pure and Conditional
There is always a pre‐existing There may or may not
contractual relation be a pre‐existing Pure Obligations are those whose effectivity or
contractual relation extinguishment does not depend upon the fulfilment or
non‐fulfilment of a condition or upon the expiration of a
The source of obligation of The source of period and is demandable at once. (Art. 1179, NCC)
defendant to pay damages is obligation is Conditional Obligations are those subject to a condition
the breach or non‐fulfillment defendant’s negligence and the effectivity of which is subordinated to the fulfilment
of the contract itself or non‐fulfilment of a future and uncertain event, or upon a
Proof of the existence of the The negligence of the past event unknown to the parties.
contract and of its breach or defendant must be
non‐fulfillment is sufficient proved Kinds of Condition
prima facie to warrant 1. Suspensive Condition- the fulfilment of
recovery which will give rise to the acquisition of a
Proof of diligence in the Proof of diligence in the right
selection & supervision of the selection & supervision 2. Resolutory Condition- The rights already
employees is not an available of the employees is a acquired are lost upon fulfilment of the
defense defense condition
3. Potestative Condition- depends upon the
Contravention of the Tenor of the Obligation (Violatio) will of one of the contracting parties
The violation of the terms and conditions B. Obligations with a Period
stipulated in the obligation must not be due to a fortuitous
event or force majeure. It is an obligation whose demandability or
extinguishment is subject to the expiration of a period or a
Fortuitous event term. (Art. 1193, NCC)
Any event which could not be foreseen, or which
though foreseen are inevitable (Art. 1174) PERIOD CONDITION
 As to Time Payment may consist not only in the delivery of money
Refers to the future May refer to past event but also the giving of a thing (other than money), the doing
unknown to the parties of an act, or not doing of an act.( Art. 1232, Civil Code)
As to Fulfillment
It will happen at an exact May or may not happen Special Forms of Payment
date or at an indefinite 1. Application of Payment(Art. 1252)- Designation of
time, but is sure to arrive the debt to which should be applied a payment
As to its Influence on the Obligation to be Fulfilled or made by a debtor who owes several debts to the
Performed same creditor
No effect or influence upon May give rise to an 2. Payment by Cession(Art 1255)- Act whereby a
the existence of the obligation (suspensive) or debtor abandons all his property to his creditors,
obligation but only in its the cessation of one so that the latter may apply the proceeds (of its
demandability or already existing sale) to their credits.
performance (resolutory) 3. Dation in Payment (Art. 1245) - Delivery and
transmission of ownership of a thing by the debtor
C. Alternative Obligations to the creditor as an accepted equivalent of the
performance of the obligation (dacion en pago).
Alternative obligations are those where several
prestations are due but the performance of one is sufficient.
Tender of Payment and Consignation - Tender of payment is
Facultative obligations are those where only one
the definitive act of offering the creditor what is due him or
prestation has been agreed upon but the debtor may render
her, together with the demand that the creditor accept the
another in substitution
same. Consignation is the deposit of the object of obligation
in a competent court in accordance to the rules prescribed
D. Joint and Solidary Obligations
by law, whenever the creditor unjustly refuse payment or
because of some circumstance which render direct payment
Joint obligations are those where the entire obligation
to the creditor impossible or inadvisable.
is to be paid or performed proportionately by the debtors
(Art. 1208, NCC)
B. Loss of the Thing Due
Solidary obligations are those where each of the
When a thing is considered lost
debtors obliges to pay the entire obligation, and where each
one of the creditors has the right to demand from any of the
1. It Disappears in such a way that its existence is
debtors, the payment or fulfilment of the entire obligation
unknown;
(Art. 1207, NCC)
2. It goes Out of commerce;
3. It Perishes; or
E. Divisible and Indivisible Obligations
4. Its Existence is unknown or if known, it cannot be
recovered.
Divisible obligations are those susceptible of partial
performance; that is, the debtor can legally perform the
C. Condonation or Remission of Debt
obligation by parts and the creditor cannot demand a single
performance of the entire obligation.
Condonation is an act of liberality by virtue of which the
Indivisible Obligations are those which cannot be
creditor, without receiving any price or equivalent,
validly performed in parts.
renounces the enforcement of the obligation, as a result of
which it is extinguished in its entirety or in that part or aspect
F. Obligations with a Penal Clause
of the same to which the condonation or remission refers.
A penal clause is an accessory obligation attached to
D. Confusion or Merger of Rights of the Creditor and
the principal obligation to assure greater responsibility in
Debtor
case of breach.
Confusion is the meeting in one person of the qualities
Effect of incorporating a penal clause in an obligation
of creditor and debtor of the same obligation.
GR: The penalty fixed by the parties is a compensation or
E. Compensation
substitute for damages in case of breach.
XPNs: Damages shall still be paid even if there is a penal
Compensation is the Offsetting of two obligations
clause if:
which are reciprocally extinguished if they are of the same
1. there is a stipulation to the contrary
value, or extinguished to the concurrent amount if of
2. the debtor refuses to pay the agreed penalty
different values.
3. the debtor is guilty of fraud in the fulfillment of the
obligation. (Art. 1126, NCC)
F. Novation
V. Extinguishment of Obligations
Novation is the extinguishment of an obligation by the
1. Payment or Performance
substitution or change of the obligation by a subsequent one
2. Loss of the Thing Due
which extinguishes or modifies the first either by changing
3. Condonation or Remission of Debt
the object or principal conditions, or by substituting the
4. Confusion or Merger of Rights of the Creditor and
person of the debtor, or by subrogating a third person in the
Debtor
rights of the creditor.
5. Compensation
6. Novation

A. Payment or Performance CONTRACTS

 5. Impossible things or services; and
I. Essential Requisites 6. Objects which are not possible of determination as to
their kind.
1. Consent;
2. Object or subject matter; and Cause
3. Cause or consideration.
It is the impelling reason for which a party
II. Kinds of Contracts assumes an obligation under a contract.

As To formation: Requisites
1. Consensual: consent is enough; e.g. sale a. Existing
2. Real: consent and delivery is required; e.g. deposit, pledge b. Licit or Lawful
3. Solemn or formal: special formalities are required for c. True
perfection e.g. donation of realty
As To relation to other contracts: Form
1. Principal: may exist alone; e.g. lease
2. Accessory: depends on another contract for its existence; Rules on the form of contracts
e.g. guaranty
3. Preparatory: a preliminary step towards the celebration
of a subsequent contract; e.g. agency 1. Contracts shall be obligatory, in whatever form
As To nature of vinculum they may have been entered into, provided all
1. Unilateral: only one party is bound by the prestation; e.g. essential requisites for their validity are present.
commodatum
2. Bilateral (synallagmatic): where both parties are bound by 2. Contracts must be in a certain form –when the law
reciprocal prestations; e.g. sale requires that a contract be in some form to be:
As To fulfillment of prestations a. valid;
1. Commutative: fulfillment is determined in advance b. enforceable; or
2. Aleatory: fulfillment is determined by chance c. for the convenience of the parties.
As By equivalence of prestations
1. Gratuitous: no correlative prestation is received by a party 3. The parties may compel each other to reduce the
2. Onerous: there is an exchange of correlative prestations verbal agreement into writing.
3. Remuneratory: the prestation is based on services or
benefits already received GR: Form is not required in consensual contracts.
As By the time of fulfillment XPNs: When the law requires a contract be in certain for
1. Executed: obligation is fulfilled at the time contract is its:
entered into 1. validity (formal contracts); or
2. Executory: fulfillment does not take place at the time the 2. enforceability (under Statute of Frauds).
contract is made
As To their purpose Acts which must appear in a public document
1. Transfer of ownership, e.g. sale
2. Conveyance of Use, e.g. Commodatum 1. Donation of real properties (Art. 719);
3. Rendition of Service, e.g. agency 2. Partnership where immoveable property or real rights
H. To their subject matter are contributed to the common fund (Arts. 1171 &
1. Things, e.g. sale, deposit 1773);
2. Services, e.g. agency 3. Acts and contracts which have for their object the
I. To their designation creation, transmission, modification or extinguishment
1. Nominate: the law gives the contract a special designation of real rights over immovable property; sales of real
or particular name e.g. deposit property or of an interest therein is governed by Arts.
2. Innominate: the contract has no special name 1403, No. 2, and 1405 [Art. 1358 (1)];
4. The cession, repudiation or renunciation of hereditary
III. Objects, Cause and Form of Contracts rights or of those of the conjugal partnership of gains
[Art. 1358 (2)]
Object 5. The power to administer property or any other power
which has for its object an act appearing or which
The thing right or service which is the subject should appear in a public document or should prejudice
matter of the obligation arising from the contract. a third person [Art. 1358 (3)];
6. The cession of actions or rights proceeding from an act
Requisites appearing in a public document [Art. 1358 (4)].
a. Lawful: Not contrary to law, morals, good
customs, public order or public policy. IV. Reformation of Instruments
b. Actual or possible
c. Transmissible: Within the commerce of man Reformation is a remedy to conform to the real
d. Determinate or determinable intention of the parties due to mistake, fraud, inequitable
conduct, accident. (Art. 1359)
GR: All things or services may be the object of contracts.
XPNs: V. Interpretation of Contracts
1. Things outside the commerce of men;
2. Intransmissible rights; Rules on Doubt(Art. 1378)
3. Future inheritance, except in cases expressly
authorized by law; Principal Gratuitous Onerous
4. Services which are contrary to law, morals, good Objects Contracts Contracts
customs, public order or public policy;
 Doubts where Absolutely Absolutely
it cannot be impossible to impossible to Ccontracts or agreements covered by the Statute of Frauds
known what settle doubts by settle doubts
may have been the rules and bythe rules and 1. An agreement that by its terms is not to be
the intention only refer to only refer to performed within a year from the making thereof;
or will of the incidental incidental 2. A special promise to answer for the debt, default
parties, the circumstances circumstances or miscarriage of another
contract shall the least the doubt shall be 3. An agreement made in consideration of marriage,
be null and transmission of settled in other than a mutual promise to marry;
void. rights and favor of the 4. An agreement for the sale of goods, chattels or
interests shall greatest things in action, at a price not lower that 500
prevail. reciprocity of pesos, unless the buyer accepts and receives part
interests. of such goods and chattels, or the evidences, or
some of them, of such things in action, or pay at
VI. Rescissible Contracts the time some part of the entry is made by the
auctioneer in his sales book, at the time of the
Those which have caused a particular economic damage sale, of the amount and kind of property sold,
either to one of the parties or to a third person and which terms of sale, price, names of the purchasers and
may be set aside even if valid. It may be set aside in whole person on whose account the sale is made, it is a
or in part, to the extent of the damage caused. (Art. 1381, sufficient memorandum
NCC) 5. An agreement for the leasing for a longer period
than one year, or for the sale of real property or of
an interest therein;
1. Entered into by persons exercising fiduciary 6. A representation to the credit of a third person
capacity:
a. Entered into by guardian whenever IX. Void and Inexistent Contracts
ward suffers damage more than ¼ of
value of property. Kinds of void contracts
b. Agreed upon in representation of
absentees, if absentee suffers lesion by
more than ¼ of value of property. 1. Those lacking in essential elements:
c. Contracts where rescission is based on No consent, no object, no cause – some or all
fraud committed on creditor elements of a valid contract are absent
(accionpauliana) a. Those which are absolutely simulated or
d. Objects of litigation; contract entered fictitious: no cause
into by defendant without knowledge or b. Those whose cause or object did not
approval of litigants or judicial authority exist at the time of the transaction: no
e. Payment by an insolvent – on debts cause or object
which are not yet due; prejudices claim c. Those whose object is outside the
of others commerce of man: no object
f. Provided for by law (Arts. 1526, 1534, d. Those which contemplate an impossible
1538, 1539, 1542, 1556, 1560, 1567 & service: no object
1659, NCC) e. Those where the intention of parties
relative to principal object of the
2. Payments made in state of insolvency: contract cannot be ascertained
a. Plaintiff has no other means to maintain 2. Contracts prohibited by law
reparation a. Pactum commisorium – the creditor
b. Plaintiff must be able to return appropriates to himself the things given
whatever he may be obliged to return by way of pledge or mortgage to fulfill
due to rescission the debt
c. The things must not have been passed b. Pactum de non alienando – an
to third persons in good faith agreement prohibiting the owner from
d. It must be made within 4 yrs. alienating the mortgaged immovable
c. Pactum leonina – a stipulation in a
VII. Voidable Contracts partnership agreement which excludes
one or more partners from any share in
Those which possess all the essential requisites of a the profits or losses
valid contract but one of the parties is incapable of 3. Illegal or illicit contracts(e.g. contract to sell
giving consent, or consent is vitiated by mistake, marijuana)
violence, intimidation, undue influence, or fraud.

VIII. Unenforceable Contracts

NATURAL OBLIGATIONS
The following contracts are unenforceable unless they are
ratified: Natural obligations are real obligations to which
1. Those entered into without or in excess of authority; the law denies an action, but which the debtor may perform
2. Those that do not comply with the Statute of Frauds voluntarily.
i.e., are not in writing nor subscribed by the party
charged or by his agent; or NATURAL OBLIGATION CIVIL OBLIGATION
3. Those where both contracting parties are incapable of
giving consent.
 Based on equity and Based from law, contracts, their property without outside aid (Easy prey for
natural law quasi‐contracts, delicts, deceit and exploitation)
and quasi‐delicts 2. Relative Incapacity
Cannot be enforced in Can be enforced in court a. Husband and Wife (Art 1490, CC)—
court because the obligee because the obligee has a General Rule: Cannot sell property to
has no right of action to right of action each other
compel its performance (Pineda,Obligations and Exceptions:
Contracts, 2000 ed, p. 636) i. Separation of property in
marriage settlement, OR
ii. Judicial separation of
property.
ESTOPPEL b. Alienage (Art. 39, CC)—Aliens are
disqualified to purchase or acquire
See Arts. 1431-1439 property.
Estoppel is a condition or state by virtue of which Exception: if acquisition is through
an admission or representation is rendered conclusive upon hereditary succession
the person making it and cannot be denied or disproved as c. Trusteeship (Art. 39)
against the person relying thereon. 3. Specific Incapacity (Art. 1491, CC) (AGEPLJ)
a. Agents— Property whose
administration or sale was entrusted to
PART V. SALES them
Exception: principal gives consent.
I. Nature and Form of Contract b. Guardian— Cannot purchase property
of person under his guardianship
By the contract of sale, one of the contracting parties c. Executors and Administrators—
obligates himself to transfer the ownership of and to deliver Property of estate under their
a determinate thing, and the other to pay therefor a price Administration
certain in money or its equivalent. (Art. 1458, NCC) d. Public Officers and Employees—
Property of State/any of its
Elements subdivisions/GOCC, the administration
1. Consent of which was entrusted to them.
Meeting of minds upon the thing which is the object of the e. Lawyers— Property or rights in litigation
contract and the price. (Art 1475, CC) in which they take part because of their
Requisites— profession
a. Capacity Exceptions: An assignment to a lawyer
b. Offer and acceptance by his client of an interest in the
c. No vitiation property does not violate Art 1491,
where
2. Subject matter A judgment has been rendered and
Requisites— has become final; and
a. Licit In case of contingency fee
b. Existing, future or contingent arrangements. The interest of the
c. Determinate or determinable lawyer maybe annotated as an adverse
claim on the property awarded to his
3. Price client (Director of Lands v Ababa, 1979)
Requisites (Ce-MoRe)— f. Justices, Judges, prosecuting attorneys,
a. Certain or ascertainable at the time of clerks— Property or rights in litigation or
b. perfection levied upon on execution
c. In Money or its equivalent
d. Real Effects of Incapacity—
1. Absolute Incapacity
II. Capacity to Buy or Sell  If both parties are incapacitated:
UNENFORCABLE (Art. 1403 (3))
All persons who have capacity to enter into obligations may If only 1 party is incapacitated:
enter into a contract of sale (Art VOIDABLE
1489, CC)  If necessaries are sold and delivered to an
incapacitated person: must pay a reasonable price
Kinds of Incapacity— therefore. (Art 1489, CC)
1. Absolute Incapacity (MInD-CI) (Art. 1327, “Necessaries” – those which are indispensable for
CC) sustenance, dwelling, clothing, medical attendance,
a. Minors education and transportation. (Art 194, Family Code)
b. Insane or Demented 2. Relative Incapacity
c. Deaf-mutes who do not know how to write  Sale between spouses is VOID.
d. Civil Interdiction 3. Specific Incapacity
e. Judicially-declared Incompetents(Art. 39)  Contracts expressly prohibited by law are void and
 Prodigals cannot be ratified. Neither can the right to set-up
 Imbeciles the defense of illegality be waived. (Art. 1409 (7),
 Absence & presumption of death CC)
 Persons not of unsound mind but by  Sales entered into by guardians, administrators,
reason of age, disease, weak mind, and other similar and agents (specific incapacities) in violation of Art.
causes, cannot take care of themselves and manage 1491 may be ratified by means of and in the form
 of a new contract when the cause of nullity has
ceased to exist. Ratification is valid only from date
of execution of the new contract and does not
retroact.
 Those entered into by public officer/employees,
justices and judges, and lawyers also in violation of
Art. 1491 are inexistent and void from the
beginning. (Rubias v Batiller, 1973).
III. Effects of the Contract when the Thing Sold has
been Lost
It is understood that the thing is lost when it:
1. perishes, or
2. goes out of commerce, or
3. disappears in such a way that its existence is
unknown or cannot be recovered. (Art. 1189, 2nd
par.)
Effect of the loss of the thing subject of the contract at the
time of sale
The Recto Law (Art.1484) refers to sale of movables
payable in installments and limiting the right of seller, in case
of default by the buyer, to one of three remedies:
1. Exact fulfillment;
2. Cancel the sale of two or more installments have not
been paid;
3. Foreclose the chattel mortgage on the things sold, also
in case of default of two or more installments, with no
further action against the purchaser. (1999 Bar
Question)
2. Maceda Law: Sale of Immovable on Installment (RA
6552)
The Maceda Law (R.A. 6552) is applicable to sales of
immovable property on installments. The most important
features are:
1. After having paid installments for at least two years, the
buyer is entitled to a mandatory grace period of one
month for every year of installment payments made, to
pay the unpaid installments without interest.

1. Total loss – contract is void & inexistent If the contract is cancelled, the seller shall refund to the
2. Partial loss – buyer may elect between buyer the cash surrender value equivalent to fifty
withdrawing from the contract or demanding the percent (50%) of the total payments made, and after
remaining part, paying its proportionate price five years of installments, an additional five percent
(5%) every year but not to exceed ninety percent (90%)
of the total payments made.
2. In case the installments paid were less than 2 years, the
IV. Obligations of the Vendor seller shall give the buyer a grace period of not less than
60 days. If the buyer fails to pay the installments due at
DDTWTP the expiration of the grace period, the seller may cancel
the contract after 30 days from receipt by the buyer of
1. Deliver the thing sold; the notice of cancellation or demand for rescission by
2. Deliver fruits & accessions/accessories accruing notarial act. (Rillo v. CA, G.R. No. 125347 June 19, 1997)
from perfection of sale;
3. Transfer the ownership; Remedies of the Buyer
4. Warranties;
5. Take care of the thing, pending delivery, with A. Immovables in general
proper diligence; 1. Disturbed in possession or with reasonable
6. Pay for the expenses of the deed of sale unless grounds to fear disturbance – Suspend payment
there is a stipulation to the contrary 2. In case of subdivision or condo projects – If real
estate developer fails to comply with obligation
V. Obligations of the Vendee according to approved plan:
a. Rescind
b. Suspend payment until seller complies
1. To take care of the goods without the obligation to B. Movables
return, where the goods are delivered to the buyer and 1. Failure of seller to deliver – Action for specific
he rightfully refuses to accept; performance without giving the seller the option
of retaining the goods on payments of damages
Note: The goods in the buyer’s possession are at 2. Breach of seller’s warranty – The buyer may, at his
the seller’s risk. election, avail of the following remedies:
a. Accept goods & set up breach of warranty by
2. To be liable as a depositary if he voluntarily constituted way of recoupment in diminution or
himself as such; extinction or the price.
3. To pay interest for the period between delivery of the b. Accept goods & maintain action against seller
thing and the payment of the price in the following for damages
cases: c. Refuse to Accept goods & maintain action
a. should it have been stipulated; against seller for damages
b. should the thing sold and delivered produces d. Rescind contract of sale & refuse to receive
fruits or income; or goods/return them when already received.
c. should he be in default, from the time of Note: When the buyer has claimed and been
judicial or extra‐judicial demand for the granted a remedy in any of these ways, no other
payment of the price. remedy can thereafter be granted, without
prejudice to the buyer’s right to rescind, even if
VI. Breach of Contract previously he has chosen specific performance
when fulfillment has become impossible.
Remedies of the Seller (Villanueva, p. 389 in relation with Art. 1191, NCC)
3. Disturbed in possession or with reasonable
1. Recto Law: Sale of Movables on Installment (Articles
grounds to fear disturbance – Suspend payment
1484-1486)
 VII. Extinguishment of Sale to transfer ownership; and
to warrant eviction and
Generally, sale is extinguished by the same causes as all hidden defects.
other obligations (Arts.1600 &1231) (PPLAN-
C3-R3) Remedy of employer in case of defects:
1. Payment/performance Ask contractor to remove the
2. Prescription defect or to execute another work;
3. Loss of thing due If contractor fails or refuses,
4. Annulment employer can ask another at the contractor’s
5. Novation expense.
6. Condonation/remission
7. Confusion/merger Lease of service
8. Compensation – One party binds himself to render to the
9. Rescission other some service for a price certain.
10. Resolutory condition fulfilled
11. Redemption (Conventional or Legal) CONTRACT OF PIECE OF CONTRACT OF LEASE OF
WORK SERVICES
(Locatio operis) (Locatio Operarum)
The object of contract is The object of contract is
VIII. Assignment of Credits the result of the work the service itself and not
without considering the the result which it
See Arts. 1624-1634 labor that produced it. generates
If the result promised is Even if the result
The owner of a credit transfers to another his not accomplished, the intended is not attained,
rights and actions in consideration of a price certain in lessor or promissor is not the services of the lessor
money or its equivalent. entitled to compensation must still be paid
1. Transfers the right to collect the full value of the
credit, even if he paid a price less than such value Art. 1645: Consumable goods cannot be the subject matter
2. Transfers all the accessory rights (e.g. guaranty, of a contract of lease, except when they are merely to be
mortgage, pledge, preference) exhibited or when they are accessory to an industrial
3. Debtor can set up against the assignee all the establishment
defences he could have set up against the assignor  General Rule: Consumable goods cannot be the
subject matter of a contract of lease of things.
Reason: To use or enjoy them, they will have to
be consumed. This cannot be done in lease since
PART VI. LEASE ownership over them is not transferred by the
contract of lease.
I. GENERAL PROVISIONS  Exceptions:
(a) If they are merely exhibited
(b) If they are accessory to an industrial
1. Lease of things (immovable/ movable) establishment
– One of the parties binds himself to give
to another the enjoyment or use of a thing
for a price certain. II. LEASE OF RURAL AND URBAN LANDS
Period: definite or indefinite but not
more than 99 years. (Art. 1634) Art. 1646. The persons disqualified to buy referred to in
- Only things which are Articles 1490 and 1491, are also disqualified to become
within the commerce of man may be lessees of the things mentioned therein. (n)
the subject of lease. -See Arts. 110 and 145 of Family Code; Arts. 1403
- The lease of a building and 1876 of Civil Code
includes the lease of the lot where the
building stands. If the building is lost, Art. 1647. If a lease is to be recorded in the Registry of
the lease does not continue with the Property, the following persons cannot constitute the same
land in the absence of any contrary without proper authority (power of attorney) :
agreement. 1. the husband with respect to the wife's
- The death of the party does paraphernal real estate
not excuse the non-performance of the 2. the father or guardian as to the property of the
contract (lease with option to buy) minor or ward
which is a property right, by the heirs of 3. the manager without special power with
the deceased. There is privity of interest respect to the property under his administration.
between the heirs and their
predecessor.  Manager may be:
a. The administrator of conjugal property
2. Lease of work (contract for a piece of work) (Rodriguez v. Borromeo, 43 Phil. 479, No. 17772, June 9,
– One of the parties binds himself to produce 1922);
a result out of his work or labor for a certain b. Administrator of co-ownership (Melencio v. Dy
price. Tiao Lay, G.R. No. L-32047, November 1, 1930);
and
Note: Duties of a contractor who furnishes
work and materials:
to deliver;
 c. Administrator of state patrimonial property
(Tipton v. Andueza, G. R. No. 2070, January 2,
1906).
Art. 1648. Every lease of real estate may be recorded in the
Registry of Property. Unless a lease is recorded, it shall not
be binding upon third persons. (1549a)
- Its purpose is to notify strangers to the transaction.
 General Rule: Lease of real property is personal
right
 Exceptions: Lease partakes of the nature of real
right if:
1. Lease of real property is
more than 1 year
2. Lease of real property is
registered regardless of duration
Note: Lease of personal property cannot be registered. To
be binding against third persons, the parties must execute
a public instrument.
the lessor and the sublessee. Exceptions: Arts. 1651 and
1652.
Art. 1652. The sublessee is subsidiarily liable to the lessor
for any rent due from the lessee. However, the sublessee
shall not be responsible beyond the amount of rent due
from him, in accordance with the terms of the sublease, at
the time of the extrajudicial demand by the lessor.
Payments of rent in advance by the sublessee shall be
deemed not to have been made, so far as the lessor's claim
is concerned, unless said payments were effected in virtue
of the custom of the place. (1552a)
-The purpose of the second paragraph is to
prevent collusion between lessee and sublessee.
Art. 1653. The provisions governing warranty, contained in
the Title on Sales, shall be applicable to the contract of
lease.
In the cases where the return of the price is required,
reduction shall be made in proportion to the time during
which the lessee enjoyed the thing. (1553)

III. RIGHTS AND OBLIGATIONS OF LESSOR AND LESSEE

Art. 1649. The lessee cannot assign the lease without the
consent of the lessor, unless there is a stipulation to the What are the rights and obligations of a lessor?
contrary. (n) Art. 1654 provides for the obligations of a lessor.
(a) Deliver the thing which is the object of the contract in a
- Reason: The objective of the law in prohibiting assignment condition fit for the use intended.
of lease without the lessor’s consent is to protect the lessor (b) Make on the thing all the necessary repairs in order to
or owner of the leased property. (Tamio vs. Ticson, G.R. No. keep it suitable for the use to which it has been devoted,
154895, Nov. 18, 2004). unless there is a stipulation to the contrary.
Assignment of this nature constitutes a novation (by (c) Maintain the lessee in the peaceful and adequate
substituting the person of the debtor) so the creditor-lessor enjoyment of the lease for the entire duration of the
must consent (Vda. De Hijos de Barretto v. Sevilla, Inc. G.R. contract.
No. L-41768, December 17, 1935).
The lessor has the right to ask for rescission in case the
Art. 1650. When in the contract of lease of things there is lessee does not fulfill his obligations as set forth in Art.
no express prohibition, the lessee may sublet the thing 1657.
leased, in whole or in part, without prejudice to his (Art. 1659)
responsibility for the performance of the contract toward
the lessor. (1550) What are the rights and obligations of a lessee?
Art. 1657 provides for the obligations of a lessee.
- SUBLEASE - A separate and distinct contract of lease (a) Pay the price of the lease according to the terms
wherein the original lessee becomes a sublessor to a stipulated.
sublessee. (Art. 1650) (b) Use the thing leased as a diligent father of a family,
devoting it to the use stipulated, and in the absence of
SUBLEASE ASSIGNMENT OF LEASE stipulation according to the nature of the thing leased and
There are two leases and There is only one juridical custom of the place.
two distinct juridical relationship, that of the (c) Pay for the expenses for the deed of lease.
relationships although lessor and the assignee, The lessee has the right to suspend payment of rentals in
immediately connected who is converted into a case the lessor fails to make the necessary repairs or to
and related to each other lessee maintain the lessee in peaceful and adequate enjoyment of
The personality of the The personality of the the property leased. (Art. 1658) the lessee also has the
lessee does not disappear lessee disappears right to ask for rescission of the lease contract in case the
The lessee does not The lessee transmits lessor fails to fulfill his obligations set forth in Art. 1654.
transmit absolutely his absolutely his rights to the (Art. 1659)
rights and obligations to assignee
the sublessee
The sublessee, generally, The assignee has a direct IV. SPECIAL RULES FOR LEASES OF RURAL/URBAN LANDS
does not have any direct action against the lessor
action against the lessor
RURAL LANDS

Art. 1651. Without prejudice to his obligation toward the
sublessor, the sublessee is bound to the lessor for all acts
which refer to the use and preservation of the thing leased
in the manner stipulated between the lessor and the
lessee. (1551)
-GENERAL RULE: There is no juridical relationship between
the lessor and the sublessee. The lessee is directly liable to
Art. 1680.
Effect of sterility of land in case of rural lease
- There is no reduction. The fertility or sterility of
the land has already been considered in the fixing
of the rent.
Effect of damage caused by a fortuitous event on the rural
lease
1. Ordinary fortuitous event – no reduction. The lessee
being the owner of crops must bear the loss. Res perit
domino
2. Extraordinary fortuitous event –
a. More than one‐half of the fruits were lost, there is a
reduction (XPN: specific stipulation to the contrary)
b. Less than one‐half, or if the loss is exactly one‐half,
there is no reduction
Note: The rent must be reduced proportionately
Art. 1681.
Rule for reduction of rent
- The reduction on rent can be availed of only if
the loss occurs before the crops are separated
from their stalk, root, or trunk. If the loss is
afterwards, there is no reduction of rent.
Art. 1682.
Duration of rural lease with an unspecified duration
- The lease of a piece of rural land, when its
duration has not been fixed, is understood to
have been for all the time necessary for the
gathering of the fruits which the whole estate
leased may yield in one year, or which it may
yield once, although two or more years have to
elapse for the purpose.
Art. 1683. The outgoing lessee shall allow the incoming
lessee or the lessor the use of the premises and other
means necessary for the preparatory labor for the
following year; and, reciprocally, the incoming lessee or the
lessor is under obligation to permit the outgoing lessee to
do whatever may be necessary for the gathering or
harvesting and utilization of the fruits, all in accordance
with the custom of the place. (1578a)
Art. 1684. Land tenancy on shares shall be governed by
special laws, the stipulations of the parties, the provisions
on partnership and by the customs of the place. (1579a)
Art. 1685. The tenant on shares cannot be ejected except in
cases specified by law. (n)
URBAN LANDS
Art. 1686.
- Rules applicable to repairs which an urban lessor
is liable
1. Special stipulation
2. If none, custom of the place.
Art. 1687.
Rules when the duration of lease is not fixed?
1. If there is a fixed period ‐ the lease would be for the
said period.
2. If there are no fixed period ‐ apply the following:
a. rent paid daily – lease is from day to day
b. rent paid weekly – lease is from week to week
c. rent paid monthly – lease from month to
month
d. rent paid yearly – lease from year to year
Art. 1688. When the lessor of a house, or part thereof, used
as a dwelling for a family, or when the lessor of a store, or
industrial establishment, also leases the furniture, the lease
of the latter shall be deemed to be for the duration of the
lease of the premises. (1582)
PART VII. PARTNERSHIP
I. Contract of Partnership
Partnership, concept
A partnership is a contract f two or more persons who bind
themselves to contribute money, property or industry to a
common fund, with the intention of dividing profits among
themselves. Two or more persons may also form a
partnership for the exercise of a profession.
It is both:
1. A contract
2. A business organization
It is a juridical entity which has a personality separate and
distinct from that of each of the partners. It begins from
the moment of the execution of the contract, unless it is
otherwise stipulated.
Essential requisites of partnership
1. There must be a VALID CONTRACT.
2. The parties must have LEGAL CAPACITY to enter
into the contract.
3. There must be a mutual contribution of money,
property, or industry to a COMMON FUND.
4. There must be a LAWFUL OBJECT.
5. The purpose or primary purpose must be to
obtain PROFITS and DIVIDE the same among the parties.
Characteristics
CHARACTERISTICS:
1. Essentially contractual in nature
2. Separate juridical personality
3. Delectus personae
4. Mutual Agency (Art. 1803)
5. Personal liability of partners for partnership debts
Form of partnership contract
General Rule:
A partnership begins from the moment of the execution of
the contract, unless it is otherwise stipulated.
Exceptions:
1. Where immovable property/real rights are contributed
(Art. 1771)
a. Public instrument is necessary
b. Inventory of the property contributed must be made,
signed by the parties and attached to the public instrument
otherwise it is VOID
2. When the contract falls under the coverage of the
Statute of Frauds (Art. 1409)
3. Where capital is P3,000 or more, in money or property
(Art. 1772)
a. Public instrument is necessary
b. Must be registered with SEC
NOTE:
• SEC Opinion, 1 June 1960: For purposes of
convenience in dealing with government offices and
financial institutions, registration of partnership having a
capital of less than Php3,000 is recommended.
Relations created by a contract of partnership
1. Relationship among the partners themselves
2. Relations of the partners with the partnership
3. Relations of the partnership with third persons
4. Relations of the partners with third persons
II. Rights and Obligations of Partnership
IN GENERAL (RED 13 – Ci –Par&Ag) Effect of Failure to Contribute Property Promised
Rights and Obligations of Partners, in general 1. Partners becomes ipso jure a debtor of the partnership
1. Partnership relationship even in the absence of any demand
- essentially one of the mutual trust and confidence and 2. Remedy of the other partner: specific performance (not
the law imposes upon the partners highest standards of rescission) with damages from defaulting partner
integrity and good faith in their dealings with each other.
2. Fiduciary relationship B. OBLIGATION TO CONTRIBUTION OF MONEY AND MONEY
- remains until partnership is terminated so that it include CONVERTED TO PERSONAL USE
matters concerned with the formation of the partnership, a. To contribute on the date fixed the amount he has
and when the partnership is dissolved undertaken to contribute to the partnership
3. Limited partnership b. To reimburse any amount he may have taken from the
- rights and obligations of the partners as to each other are partnership coffers and converted to his own use
provided on the theory that a partner is both a principal c. To pay for the agreed or legal interest, if he fails to pay
and an agent in relation to his co-partners but the his contribution on time or in case he takes any amount
relationship does not involve the element of trust and from the common fund and converts it to his own use
confidence d. To indemnify the partnership for the damages caused to
it by delay in the contribution or conversion of any sum for
his personal benefits
III. Obligations of Partners Among Themselves
1. Obligation to contribution of property C. OBLIGATION NOT TO ENGAGE IN ANOTHER BUSINESS
2. Obligation to contribution of money and money FOR HIMSELF
converted to personal use The obligations differ for Industrial Partner and Capitalist
3. Obligation not to engage in another business for himself Partner
4. Obligation to contribute additional capital Industrial Partner Capitalist Partner
5. Obligation of the managing partner who collects debt General Rule: General Rule:
6. Obligation to manage the partnership Cannot engage in business Cannot engage for their
7. Obligation of partner who receives share in partnership for himself own account in any
credit Exception: operation which is which
8. Obligation of partner for damages to partnership The partnership expressly is of the kind of business
9. Duty to render information permits him to do so in which the partnership is
engaged
10. Obligation to account for any benefit and hold as
Exception:
trustee unauthorized personal profits
There is a stipulation to
the contrary
A. OBLIGATION TO CONTRIBUTION OF PROPERTY Remedy: Remedy:
1. Capitalist partners may Any capitalist partner
1. to contribute at the beginning of the partnership or at either exclude him from violating the prohibition
the stipulated time the money, property, or industry he the firm with damages shall bring to the common
had promised 2. Avail themselves of the funds any profits accruing
benefits which he may to him from his
Amount of Contribution have obtained in violation transactions, and shall
General rule: The partners are obliged to contribute equal of this provision with personally bear all the
shares to the capital of the partnership. damages losses.
Exception: When there is an agreement to the contrary,
the contribution shall follow such agreement [Article
1790]. D. OBLIGATION TO CONTRIBUTE ADDITIONAL CAPITAL
In case of an imminent loss of the business of the
Determining value of Contribution in Goods partnership, any partner who refuses to contribute an
When the contribution consists, in whole or in part, of additional share to the capital, except an industrial partner,
goods, their appraisal must be made: to save the venture, shall be obliged to sell his interest to
(1) In the manner prescribed in the partnership contract; the other partners, unless there is an agreement to the
(2) In the default of the first, by experts chosen by the contrary
partners and according to current prices.
Requisites:
Subsequent changes in the price will be for the benefit or (1) There is an imminent loss of the business of the
will be suffered by the partnership partnership;
2. to answer for eviction in case the partnership is deprived (2) The majority of the capitalist partners are of the opinion
of the determinate property contributed that an additional contribution to the common fund would
3. to answer for the partnership for the fruits of the save the business;
property, the contribution of which he delayed, from the (3) The capitalist partner refuses deliberately (not because
date they should have been contributed up to the time of of financial inability) to contribute an additional share to
actual delivery the capital; and
4. To preserve said property with the diligence of a good (4) There is no agreement that even in case of imminent
father of a family pending delivery to partnership loss of the business; the partners are not obliged to
e. To indemnify partnership for any damage caused to it by contribute.
the retention of the same or by the delay in its contribution
E. OBLIGATION OF THE MANAGING PARTNER WHO
COLLECTS DEBT.
General Rule:
A partner authorized to manage, who collects a
demandable sum owed to him in his own name from a
person who also owes the partnership a demandable sum,
is obliged to apply the sum collected to both credits pro
rata, even if he issued a receipt for his own credit only.
Requisites:
(1) There exist at least two debts, one where the collecting
partner is creditor, and the other, where the partnership is
the creditor;
(2) Both debts are demandable; and
(3) The partner who collects is authorized to manage and
actually manages the partnership.
Exceptions:
(1) In case the receipt was issued for the account of the
partnership credit only, however, the sum shall be applied
to the partnership credit alone.
(2) When the debtor declares, pursuant to Article 1252, at
the time of making the payment, to which debt the sum
must be applied, it shall be so applied
F. OBLIGATION TO MANAGE THE PARTNERSHIP
General Rules
1. Right of management is primarily governed by
agreement of the partners as provided in the articles of
partnership (Art. 1800, CC)
2. Right to manage may either be:
a. exercised by all the partners, or
b. limited to a certain number of partners called managing
partners
If a specific person has been appointed as manager
1. If right is conferred in the articles of partnership
a. Manager may execute all acts of administration despite
the opposition of other partners unless he is in bad faith
b. Power is irrevocable without just or lawful cause.
Note: The vote of the controlling interest of the partners is
necessary for revocation.
2. If power is granted after constitution of partnership, it
may be revoked at anytime
If two or more partners are appointed as managers—
1. Without specification of their duties or without a
stipulation of how each one will act-- (Art. 1801, CC)
a. Each one may separately execute all acts of
administration
b. If opposed, decision of majority prevails
c. In case of a tie, the matter is to be decided by the
controlling interest.
2. If there is a stipulation that managers must act jointly
a. The concurrence of all managers is necessary for validity
of the acts
b. Their absence or disability cannot be alleged as a
defense unless there is imminent danger or grave or
irreparable injury to the partnership.
If the manner of management has not been agreed upon
1. All partners are considered agents and the act of anyone
bind the partnership without prejudice to Art. 1801
2. To make important alterations in the immovable
property of the partnership, even if useful, need the
consent of all the partners
If refusal to give consent is manifestly prejudicial to the
partnership, the court’s intervention may be sought
Every partner is considered an agent
General Rule:
Every partner is considered an agent of the partnership for
the purpose of its business and any act of the agent for
apparently carrying on the usual business of the
partnership binds the partnership.
Exception:
If the partner has no authority to act; AND the third person
dealing with him knew that the partner had no authority
If the acts are not for carrying out the business of the
partnership
General Rule:
Acts of the partner not apparently for carrying out the
business of the partnership do not bind the partnership.
Exceptions:
When authorized by other partners; OR other partners
have abandoned the business
Acts not usual in the business of partnership [ADD-CRES]
1. Assign the partnership property in trust for
creditors or on the assignee's promise to pay the debts of
the partnership;
2. Dispose of the good-will of the business;
3. Do any other act which would make it impossible
to carry on the ordinary business of a partnership;
4. Confess a judgment;
5. Renounce a claim of the partnership.
6. Enter into a compromise concerning a
partnership claim or liability;
7. Submit a partnership claim or liability to
arbitration;
G. OBLIGATION OF PARTNER WHO RECEIVES SHARE IN
PARTNERSHIP CREDIT
A partner, who is authorized to manage or not, is obliged to
bring to the partnership capital what he received when:
1. He has received, in whole or in part, his share of the
partnership credit;
2. The other partners have not collected their shares; and
3. The partnership debtor has become insolvent. This
obligation exists even when he issued a receipt for his
share only.
H. OBLIGATION OF PARTNER FOR DAMAGES TO
PARTNERSHIP
Every partner is responsible to the partnership for damages
suffered by it through his fault.
Compensation of Liability
General rule: The liability for damages cannot be set- off or
compensated by profits or benefits which the partner may
have earned for the partnership by his industry.
Exception: The court may equitably lessen the liability if,
through his extraordinary efforts in other activities of the
partnership, unusual profits were realized Note: there is
still no compensation
Rules on risk of loss of the thing contributed
In case the contribution consists in the use and fruits of
specific and determinate things, which are not fungible, the
risk of loss shall be borne by the partner who owns them.
The partnership bears the risk if the things:
(1) Are fungible;
(2) Cannot be kept without deterioration;
(3) Were contributed to be sold; or
(4) Were brought and appraised in the inventory; the claim
of which is limited to the appraised value of the things
I. DUTY TO RENDER INFORMATION
Partners shall render on demand true and full information
of all things affecting the partnership to any partner or the
legal representative of any deceased partner or of any
partner under legal disability.
J. OBLIGATION TO ACCOUNT FOR ANY BENEFIT AND HOLD
AS TRUSTEE UNAUTHORIZED PERSONAL PROFITS
Every partner must account to the partnership for any
benefit, and hold as a trustee for it any profits derived by
him without the consent of the other partners from any
transaction connected with the formation, conduct, or
liquidation of the partnership or from any use by him of its
property.
IV. Obligations of Partnership/ Partners to Third Persons [A-
FAN]
1. Operate under a Firm Name
2. Bound by Partnership Admission
3. Bound by Notice to Partner
4. Liable for the acts of the partnership
A. Operate Under a Firm Name
Rules
1. The firm name may or may not include the name of one
or more of the partners.
2. Persons, not being members of the partnership, who
include their names in the firm name, are liable as partners
3. Use of deceased partner’s name in law firm—
permissible as long as it’s indicated in the firm’s
communications that the partner is deceased
Limited partner’s surname shall not appear in the firm
name unless—
1. It is also the surname of a general partner
2. Before the limited partner became such, the business
had been carried on under a name in which his surname
appeared
B. Bound by Partnership Admission
Requisites to be admissible against the partnership—
1. it must be connected with partnership affairs
2. it is within the scope of the partner’s authority (Art.
1820, CC)
3. it is made during the firm’s existence
Exception: when a partner makes
admissions for himself only without
purporting to act for the partnership
C. Bound by Notice Partner
Rules:
1. Notice to the partner relating partnership affairs
2. Knowledge acquired by a partner who is acting in a
particular matter (acting partner), acquired while he was
still a partner or then present in his mind
3. Knowledge of a partner who reasonably could and
should have communicated it to the acting partner
Exception: In case of fraud on the
partnership, committed by or with the consent
of the partner
D. Liable for Acts of the Partnership
1. All partners, including the industrial partner, are liable
pro rata with their own properties after partnership
properties have been exhausted
General Rule: liability is joint
Exception: liability is solidary in the following:
a. Wrongful acts and omissions causing loss to a non-
partner.
b. Conversion or misappropriation of funds committed in
the usual course of business or consented to by all partners
2. Any stipulation against this liability is void as against third
persons but valid among the partners (Art. 1817, CC)
3. An industrial partner is liable to third persons but as
between the partners, he is not liable for losses (Art. 1797,
CC)
4. Partners are individually liable after partnership
assets are exhausted
Contracts for which partners are liable pro rata with their
individual property—
1. those entered into in the name and account of the
partnership
2. entered into under its signature
3. entered into by a person authorized to act for the
partnership
Exception: partner may enter into a separate
obligation to perform a partnership contract.
IV. Rights of Partners
1. Share in Losses and Profits
2. Associate Another in His Interest
3. Access to Partnership Books
4. Obtain Formal Account
5. Property Rights
6. Convey Real Property
A. Share in Losses and Profits
Rules on Distribution of Profits and Losses
A stipulation which excludes one or more partners from
any share in the profits and losses is void.
PROFITS LOSSES
With According to According to
agreement agreement agreement
 Without 1. Share of 1. If sharing of NATURE OF PARTNER'S RIGHT IN THE
agreement capitalist partner profits is stipulated PARTNERSHIP—a share in the profits and surplus
is in proportion to - apply to sharing of
his capital losses F. Convey Real Property
contribution 2. If no profit EFFECTS OF CONVEYANCE OF REAL PROPERTY BELONGING
2. Share of sharing stipulated - TO PARTNERSHIP
industrial partner losses shall be
Title in Conveyance passes title but
is not fixed - as borne according to
partnership partnership can recover if:
may be just and capital contribution
name, 1. Conveyance was not in the
equitable under 3. Purely industrial
Conveyance in usual way of business, or
the circumstances partner not liable
partnership name 2. Buyer had knowledge of
for
losses lack of authority

Title in Conveyance does not pass title but

If the partners agreed to entrust to a third person the partnership only equitable interest, unless:
designation of the share in profits and losses (Art. 1798, name, 1. Conveyance was not in the
CC)— Conveyance in usual way of business, or
1. Designation may only be impugned if manifestly partner's name 2. Buyer had
inequitable
knowledge of lack of authority
2. Even if manifestly inequitable, the designation cannot be
impugned in the following instances:
a. The aggrieved partner has already begun to execute the
decision
b. If he has not impugned within three months from the
time he had knowledge of it Title in name of 1/ Conveyance passes title but
more partners, partnership can recover if:
B. Associate Another in His Interest Conveyance in 1. Conveyance was not in the
Every partner may associate another person with him in his name if usual way of business, or
share, but the associate shall not be admitted into the partner/partners 2. Buyer had
partnership without the consent of all the other partners, in whose name knowledge of lack of
even if the partner having an associate should be a title stands authority
manager.
C. Access to Partnership Books
Partnership books: open to inspection of all the partners at
Title in name of Conveyance will only pass equitable
a reasonable hour (Art. 1805, CC).
1/more/all interest
partners or 3rd
The books shall be kept at:
1. The place agreed upon person in trust for
2. If without agreement, at principal place of business partnership,
Conveyance
D. Obtain Formal Account executed in
Any partner shall have the right to a formal account as to partnership name
partnership affairs— if in name of
1. If he is wrongfully excluded from the partners
business/possession of the property by his co-partners Title in name of all Conveyance will pass title
2. If the right exists by agreement partners,
3. When the partner derives any profit as provided in Art. Conveyance in
1807 name of all
4. Whenever other circumstances render it just and
partners
reasonable
V. Rights of the Partnership
E. Property Rights
1. Acquire Immovables
Property rights (Art. 1810, CC)—
2. Preference of Creditors
1. In the specific partnership property
2. In the partnership, and
A. Acquire Immovables
3. To participate in the management
An immovable property or any interest therein may be
acquired in the partnership name, and title so acquired can
NATURE OF PARTNER'S RIGHT IN SPECIFIC PARTNERSHIP
only be conveyed in the partnership name
PROPERTY—a partner
has an equal right to possession which is not assignable and
B. Preference of Creditors
such right is limited to the share of what remains after
Preference: partnership creditors preferred to creditors of
partnership debts have been paid
individual partners
Remedy of private creditors of partners: seek the
attachment/public sale of the shares
VI. Dissolution and Winding Up
A.Definition
Dissolution (Art. 1828, CC)—
Change in the partners’ relation caused by any partner
ceasing to be associated in the carrying on of the business
Winding Up
Process of liquidation of partnership affairs, between
dissolution and termination
Termination
When all the affairs of the partnership are liquidated and
the partnership is definitely ended. It is the final settlement
of accounts of the partnership
Effect of dissolution—
Partnership continues until winding up is completed (Art.
1829, CC).
Effect of dissolution on the partners—
1. they cannot evade prior obligations
2. Generally, they are spared from new obligations to which
they didn’t consent, unless these are essential for the
winding up (Testate Estate of Mota v. Serra, 1925)
B. Causes for Dissolution
Voluntary—
1. without violation of the agreement between the
partners (Art. 1830, CC)
a. termination of the term or particular undertaking
b. express will of any partner in good faith, when the
partnership is at will
c. express will of all partners who have not assigned their
interests or suffered them to be charged
d. bona fide expulsion of any partner in accordance with
the agreement
2. in contravention of the agreement, by express will of one
partner
effects – partner is liable for damages; other partners may
continue the business
Involuntary (Grounds)—
1. business becomes unlawful
2. specific thing promised perishes before delivery to the
partnership, the use and enjoyment of which has been
transferred to the partnership
3. death of a partner
4. insolvency of any partner or the partnership
5. civil interdiction of any partner
Judicial—
1. Decree of court upon application (Art. 1831, CC)
a. application by partner (grounds)
 insanity of any partner
 incapacity of any partner to perform his part of
the contract
 partner guilty of conduct prejudicial to the
partnership business
 wilfull breach of agreement by any partner
 business can only be carried out with loss
b. application by purchaser of partnership interest
may be allowed in the following cases:
 termination of term or undertaking
 partnership is at will and interest of partnership is
assigned
C. Consequences of Dissolution
Except as necessary for winding up, dissolution terminates
all authority of the partners to act for the partnership (Art.
1832, CC)
Partnership is not bound by any act of a partner when—
1. dissolution is not by the act, insolvency or death of a
partner
2. dissolution is by such act, insolvency or death and the
partners acting have knowledge thereof
3. acts not connected with winding up
Partnership is not bound with respect to third persons (Art.
1834, CC)—
1. business becomes unlawful
2. partner dealing with third party becomes insolvent
3. partner has no authority to wind up
Partner can bind the partnership even after dissolution
(Art. 1834, CC)—
1. acts appropriate to winding up
2. third person is in good faith and without knowledge of
dissolution:
a. third person who extended credit to the partnership
b. third person who knew the existence of the partnership
VI. Limited Partnership
1. Definition
Limited partnership is one formed by two or more
persons, having as members one or more general
partners and one or more limited partners
2. Characteristics
a. It is limited as to liability because:
i. The limited partner is liable only up to his
contribution; he is not liable with his own property to
answer for the obligations of the partnership. (Art. 1843,
second par., CC)
ii. He is not a proper party to proceedings by or
against a partnership, except where the action is to
enforce his right against or liability to the partnership. (Art.
1866, CC)
b. It is limited in the management. Only general partners
can participate in the management of the partnership. If a
limited partner takes part in the control of the business, he
becomes liable as a general partner. (Art. 1848, CC)
c. It is limited as to the choice of contribution. A limited
partner may contribute cash or property, but not services.
(Art. 1845, CC)
d. It is limited in the matter of firm name. The surname of
a limited partner shall not appear in the partnership name,
unless: (1) it is also the surname of a general partner, or (2)
prior to the time when the limited partner became such,
the business has been carried on under the name in which
his surname appeared. A limited partner whose surname
appears in a partnership name contrary
to this provision shall be liable as a general partner. (Art.
1846, CC)
3. Rights of a Limited Partner
a. Inspection of the partnership books (Art. 1851, CC)
b. True and full information and formal accounting of
partnership affairs (Ibid)
 c. To demand dissolution and winding up by decree of
court (Ibid)
d. To receive his share of the profits, and to demand the
return of his contribution (Ibid)
e. To receive a pro rata share of the partnership assets
should he loan money or transact business
with the partnership (Art. 1854, CC)
4. Liabilities/Obligations of a Limited Partner to the
Partnership (Art. 1858, CC)
a. To pay or deliver the contribution he agreed to in the
Certificate of Limited Partnership
b. To hold in trust specific property or money which
are to be contributed or delivered to the partnership
5. Substituted Limited Partnership
It exists when a person is admitted to all the rights of a
limited partner who has died or has assigned his interest in
the partnership. The substituted limited partner has all the
rights and powers, and is subject to all the restrictions and
liabilities of his assignor. (Art. 1859, CC)
PART VII. AGENCY
I. DEFINITION
By a contract of agency, a person binds himself to render
some service or to do something in representation or on
behalf of another, with the consent or authority of the
latter. Art 1868
II. NATURE, FORM AND KINDS OF AGENCY
CHARACTERISTICS
The contract of agency is:
(1) Consensual, perfected by mere consent;
(2) Nominate, has its own name;
(3) Preparatory, entered into as a means to enter into
other contracts;
(4) Principal, does not depend on another contract
for existence and validity;
(5) Bilateral, if for compensation, giving rise to
reciprocal rights and obligations, but unilateral, if
gratuitous, creating obligations only for the
agent.
FORM OF CONTRACT
General rule: There are no formal requirements
governing the appointment of an agent.
Exceptions:
(1) When the law requires a specific form [2nd par.,
Article 1869];
(2) When a sale of piece of land or any interest
therein is through an agent, in which case the
authority shall be in writing; otherwise the sale is
void [Article 1874];
(3) When the law requires a special power of attorney
[Article 1878].
Kinds of Agency
1. As to manner of creation
a. Express – agent has been actually authorized by the principal,
either orally or in writing
b. Implied – agency is implied from the acts of the principal,
from his silence or lack of action or his failure to repudiate
the agency, knowing that another person is acting on his
behalf without authority
2. As to character
a. Gratuitous – agent receives no compensation for his services
b. Onerous – agent receives compensation for his services
3. As to extent of business of the principal
a. General – agency comprises all the business of the principal
b. Special – agency comprises one or more specific transactions
4. As to authority conferred
a. Couched in general terms – agency is created in general
terms and is deemed to comprise only acts in
the name and representation of the principal
b. Simple or commission – agent acts in his own name but
for the account of the principal
III. OBLIGATIONS OF THE AGENT
1. Carry out the agency which he has accepted
2. Answer for damages which through his non‐performance
the principal may suffer
3. Finish the business already begun on the death of the
principal should delay entail any danger
4. Observe the diligence of a good father of a family in the
custody and preservation of the goods forwarded to
him by the owner in case he declines an agency, until
an agent is appointed (Art. 1885, NCC)
5. advance the necessary Funds should there be a
stipulation to do so (Art. 1886, NCC)
6. Act in accordance with the instructions of the principal,
and in default thereof, to do all that a good father of a
family would do (Art. 1887, NCC)
7. Not to carry out the agency of its execution would
manifestly result in loss or damage to the principal (Art.
1888, NCC)
8. Answer for damages if there being a conflict between his
interests and those of the principal, he should prefer his
own (Art. 1889, NCC)
9. not to Loan to himself if he has been authorized to lend
money at interest (Art. 1890, NCC)
10. render an Account of his transactions and to deliver to
the principal whatever he may have received by virtue of
the agency (Art. 1891, NCC)
11. Distinguish goods by countermarks and designate the
merchandise respectively belonging to each principal, in
the case of a commission agent who handles goods of the
same kind and mark, which belong to different owners (Art.
1904, NCC)
12. be Responsible in certain cases for the acts of the
substitute appointed by him (Art. 1890, NCC)
13. Pay interest on funds he has applied to his own use
(Art. 1896, NCC)
14. Inform the principal, where an authorized sale of credit
has been made, of such sale (Art. 1906, NCC)
15. Bear the risk of collection and pay the principal the
proceeds of the sale on the same terms agreed upon with
the purchaser, should he receive also on sale, a guarantee
commission (Art. 1907, NCC)
16. Indemnify the principal for damages for his failure to
collect the credits of his principal at the time that they
become due (Art. 1908, NCC)
17. be Responsible for fraud or negligence (Art. 1909, NCC;
De Leon, Comments and Cases on Partnership, Agency, and
Trust, pp. 478‐479, 2005 ed)
Note: Every stipulation exempting the agent from the
obligation to render an account shall be void (par. 2, Art.
1891, NCC)
IV. OBLIGATIONS OF THE PRINCIPAL
To:
1. comply with all obligations which the agent may have
contracted within the scope of his authority (Art.
1910, NCC);
2. advance to the agent, should the latter so request, the
sums necessary for the execution of the agency (Art.
1912, NCC);
3. reimburse the agent for all advance made by him,
provided the agent is free from fault (Ibid.);
4. indemnify the agent for all damages which the
execution of the agency may have caused the latter
without fault or negligence on his part (Art. 1913,
NCC); and
5. pay the agent the compensation agreed upon, or if no
compensation was specified, the reasonable value of
the agent’s services. (De Leon, Comments and Cases
on Partnership, Agency, and Trust, pp. 545‐555, 2005
ed)
V. MODES OF EXTINGUISHMENT
Art. 1919. Agency is extinguished:
(1) By its revocation;
(2) By the withdrawal of the agent;
(3) By the death, civil interdiction, insanity or insolvency of
the principal or of the agent;
(4) By the dissolution of the firm or corporation which
entrusted or accepted the agency;
(5) By the accomplishment of the object or purpose of the
agency;
(6) By the expiration of the period for which the agency
was constituted. (1732a)
The provision enumerates only those which are
peculiar to agency and is, therefore, not exclusive.
Agency may also be extinguished by the modes of
extinguishment of obligations in general.
The modes of extinguishment may be classified into three:
(1) By agreement (Nos. 5 and 6);
(2) By subsequent acts of the parties:
a) By the act of both parties or by mutual
consent; or
b) By the unilateral act of one of them (Nos. 1
and 2)
(3) By operation of law (Nos. 3 and 4)
In the absence of anything to show its termination, the
agency relation will be presumed to have continued. The
burden of proving termination is on the party asserting it.
 REVOCATION BY PRINCIPAL
General rule: The principal may:
(1) Revoke the agency at will; and
(2) Compel the agent to return the document
evidencing the agency.
Qualifications: The right of the principal to terminate the
authority of his agent is absolute and unrestricted, except
that he is liable for damages in case:
(1) He revokes the agency in bad faith [Danon v.
Brimo (1921)]; or
(2) He revokes the agency before the expiration of the
period stipulated in the agency contract.
Exception: Agency cannot be revoked if it is coupled
with an interest, such that:
(1) A bilateral contract depends upon it;
(2) It is the means of fulfilling an obligation already
contracted; or
(3) A partner is appointed manager of a partnership
in the contract of partnership and his removal
from the management is unjustifiable.
 BY THE WITHDRAWAL OF THE AGENT
The agent may withdraw from the agency by giving due
notice to the principal.
LIABILITY FOR DAMAGES
General rule: If the principal should suffer any
damage by reason of the withdrawal, the agent must
indemnify him therefor.
Exception: The agent is not liable for damages if he
should base his withdrawal upon the impossibility of
continuing the performance of the agency without
grave detriment to himself. [Article 1928]
OBLIGATION TO CONTINUE AGENCY
The agent, even if he should withdraw from the
agency for a valid reason, must continue to act until the
principal has had reasonable opportunity to take the
necessary steps to meet the situation [Article
1929].
 DEATH, CIVIL INTERDICTION, INSANITY OR
INSOLVENCY
DEATH OF PRINCIPAL
General rule: Death extinguishes agency.
Exceptions:
(1) The agency remains in full force and effect even after
the death of the principal, if it has been constituted:
(a) In the common interest of the principal and
agent; or
(b) In the interest of a third person who has
accepted the stipulation in his favor. [Article
1930]
(2) Anything done by the agent, without knowledge
of the death of the principal or of any other cause which
extinguishes the agency, is valid and shall be fully effective
with respect to third persons who may have contracted
with him in good faith [Article 1931].
(3) The agent must finish business already begun on
the death of the principal, should delay entail any danger
[Article 1884].
DEATH OF AGENT
If the agent dies, his heirs must:
(1) Notify the principal thereof; and
(2) In the meantime adopt such measures as the
circumstances may demand in the interest of the
latter. [Article 1932]
 ACCOMPLISHMENT OF OBJECT OR PURPOSE
Between principal and agent, the fulfillment of the purpose
for which agency was created ipso facto terminates agency,
even though it was expressly made irrevocable. If the
purpose has not been accomplished, the agency continues
indefinitely for as long as the intent to continue is
manifested through words or actions of the parties.
DISSOLUTION OF FIRM OR CORPORATION
The dissolution of a partnership or corporation which
entrusted (principal) or accepted (agent) the agency
extinguishes its juridical existence, except for the purpose
of winding up its affairs. It is equivalent to its death.
 EXPIRATION OF TERM
If created for fixed period, expiration of the period
extinguishes agency even if the purpose was not
accomplished.
If no time is specified, the courts may fix the period as
under the circumstances have been probably contemplated
by the parties [Article1197]. Otherwise, the agency
terminates at the end of a reasonable period of time. Either
party can terminate the relationship at will by giving notice
to the other. [DeLeon (2010)]
Period may be implied from terms of agreement,
purpose of agency, and the circumstances of the
parties.
PART XII. LAND TITLES AND DEEDS
I. TORRENS SYSTEM (GENERAL PRINCIPLES)
 A system for registration of land under which,
upon landowner’s application, the court may,
after appropriate proceedings, direct the
issuance of a certificate of title. (Black’s Law
Dictionary)
The underlying principle of the Torrens system is
security with facility in dealing with land. This is
made possible by defining the absolute status of a given
property in a certificate of title with a governmental and
universal guaranty. This certificate of title should better be
known as certificate of title and encumbrances. In the
words of torrens himself the main objects are “to simplify,
quicken, and cheapen the transfer of real estate and to
render title safe and indefeasible.” (The Philippine Torrens
System by Florencio Ponce 1964)
PURPOSE:
The real purpose of that system is to quiet title to
land; to put a stop forever to any question of the
legality of the title, except claims which were noted at the
time of registration, in the certificate, or which may arise
subsequent thereto. (Legarda v Saleeby, GR No. 8936)
Avoid possible conflicts of title in and to real property
FRAUD
Fraud is also either extrinsic of intrinsic.
 Extrinsic fraud is that which prevents a party
from having a trial or from presenting his entire
case to court, or where it operates on matters
pertaining not to the judgment itself but to the
manner in which it is procured, so that here is not
a fair submission of the controversy.
 Intrinsic fraud is where the fraudulent acts
pertain to an issue involved in the original action,
or where the acts constituting the fraud were or
could have been litigated therein.
Note: Only actual and extrinsic fraud had been accepted
and is contemplated by the law as a ground to review or
reopen a decree of registration
The Torrens Title
– Certificate of ownership issued by the Register of Deeds
naming and declaring the owner of the real property
described therein free from all liens and encumbrances,
except such as may be expressly noted thereon or
otherwise reserved by law
Probative Value: A Torrens Certificate of Title is valid and
enforceable against the whole world. It may be received in
evidence in all courts of the Philippines, and shall be
conclusive as to all matters contained therein, principally
the identity of the owner of the covered land thereby and
identity of the land.
A Torrens title, once registered, cannot be defeated, even
by adverse, open and notorious possession. A registered
title under the Torrens system cannot be defeated by
prescription. The title, once registered, is notice to the
whole world. All persons must take notice. No one can
plead ignorance of the registration. [Egao v. CA, 1989]
II. ORIGINAL REGISTRATION
- This is a proceeding brought before the land registration
court to determine title or ownership of land on the basis
of an application for registration or answer by a claimant in
a cadastral registration.
REGISTRATION PROCESS AND REQUIREMENTS
(1) Survey
(2) Application
(3) Initial Hearing
(4) Publication
(5) Opposition
(6) Hearing
(7) Judgment
(8) Issuance of Decree
SURVEY
The survey may be done by a public or private
surveyor. When done by a private surveyor it has to be
approved by the Land Management Bureau. PD 239
withdrew the authority of the Land Registration Authority
to approve original survey plans.
APPLICATION
The application for land registration shall be:
(a) in writing
(b) signed and sworn to by the applicant/duly
authorized person, and if more than one
applicant, it shall be signed and sworn to by and in behalf
of each It shall contain:
(a) a description of the land
(b) citizenship and civil status of the applicant
(c) if married, the name of the wife or husband
(d) if the marriage has been legally dissolved, when and
how
(e) full names and addresses of all occupants and those of
the adjoining owners, if known
(f) if not known, it shall state the extent of the search made
to find them. (Sec. 15, PD 1529)
Note: It must be accompanied by the original tracing cloth
plan, white or blue copies thereof, the original and copies
of the technical description and geodetic engineer’s
certification.
Special Cases:
(a) If the land bounded by a road, the applicant must state
in his application if he claims any portion of the land within
the limits of the road, or if he likes to have the boundaries
determined. (Sec. 20, PD 1529)
(b) If the applicant is a non-resident, he shall appoint an
agent or representative who is a Philippine resident. (Sec.
16, PD 1529)
(c) Intestate Estate of Don Mariano San Pedro vs. CA
(1996): A person claiming ownership of real property must
clearly identify the land claimed by him.
(d) In re: Application for Land Registration vs. Republic
(2008, Nachura): An applicant in a land
registration case must prove the facts and circumstances
evidencing the alleged ownership
of the land applied for. General statements which are mere
conclusions of law and not
factual proof of possession are unavailing. The
deeds in its favor only proved possession of its
predecessors-in-interest as early as 1948. (The
law now stands that a mere showing of
possession for 30 years is not sufficient. OCEN
possession must be shown to have stated on June
12, 1945 or earlier.
INITIAL HEARING
The court shall issue an order setting the date and hour of
the initial hearing within five days from filing of the
application. The initial hearing shall be 45-90 days from the
date of the order. (Sec. 23, PD 1529)
PUBLICATION
The public shall be given notice of the initial hearing of the
application for land registration by means of (1)
publication; (2) mailing; and (3) posting. (PD 1529, Sec. 23)
- By publication
The Commissioner of Land Registration shall cause it to be
published: once in the Official Gazette (sufficient to confer
jurisdiction) and once in a newspaper of general circulation
in the Philippines
The notice is addressed to:
(a) all persons appearing to have an interest in the land the
adjoining owners so far as known "to all whom it may
concern"
- By mailing
Within 7 days from publication in the OG, the
Commissioner of Land Registration (CLR) shall mail a copy
of the notice to:
(a) Every person named in the notice whose address is
known.
(b) the Secretary of Public Highways, to the Provincial
Governor, and to the Mayor of the municipality or city, in
which the land lies, if the applicant requests to have the
line of a public way or road determined
(c) Secretary of Agrarian Reform, the Solicitor
General, the Director of Lands, the Director of
Mines and/or the Director of Fisheries and
Aquatic Resources, (as appropriate) if the land
borders on a river, navigable stream or shore, or
on an arm of the sea where a river or harbor line
has been established, or on a lake, or if it
otherwise appears from the application or the
proceedings that a tenant-farmer or the national
government may have a claim adverse to that of the
applicant
- By posting
CLR shall cause the sheriff or his deputy to post the notice
at least 14 days before the hearing: in a conspicuous place
on each parcel of land included in the application and in a
conspicuous place on the bulletin board of the municipal
building of the municipality or city in which the land or
portion thereof is situated.
The court may also cause notice to be served to suchother
persons and in such manner as it may deem proper.
OPPOSITION
- Who may file? A ny person claiming an interest,
whether named in the notice or not
- When to file? On or before the date of initial
hearing, or within such further time as may be
allowed by the court.
- What shall it contain? It shall state all the
objectionsand the interest claimed by the party
the remedy desired.
- How shall it be made? It shall be signed and
sworn to by him or by some other duly
authorized person.
Note:
(a) If no one appears/files an answer, upon motion, the
court shall order a default to be recorded.
(b) By the description in the notice "To all Whom It May
Concern", all the world are made parties
defendant and shall be concluded by the default
order.
(c) Where an appearance has been entered and an answer
filed, a default order shall be entered
against persons who did not appear and answer.
(d) Director of Lands vs. Agustin, (1921): Absence of
opposition does not justify outright registration.
HEARING
Proof of ownership
Municipality of Santiago vs. CA (1983): Tax
declaration and receipts are not conclusive but have strong
probative value when accompanied by proof of actual
possession. Republic vs. Tayag (1984): Payment in one
lump sum to cover all past taxes is “irregular” and affects
the validity of the applicant’s claim of ownership
Spanish titles are no longer admissible
 VOLUNTARY DEALINGS INVOLUNTARY DEALINGS
Concept
Refer to deeds, instruments Refer to such writ, order or Writ, order, or process issued by the court of record
or documents which are the process issued by a court of affecting registered land, also other instruments which are
results of free and voluntary record affecting registered not willful acts of the registered owner, executed without
acts of the parties thereto land which by law should be his knowledge or consent
registered to be effective, .
and also to such
instruments which are not B. NON‐REGISTRABLE PROPERTIES
the willful acts of the These are properties of public dominion which,
registered owner and which under existing legislation, are not the subject of private
may have been executed ownership and are reserved for public purposes. (Aquino, p.
even without his knowledge 38, 2007 ed)
or against his consent
Kinds Rreason behind their non‐registrability?
- They are intended for public use, public service
or development of the national wealth. They are
1. Sale 1. Attachment
outside the commerce of men and, therefore,
2. Real property 2. Sale on execution
not subject to private appropriation.
mortgage of judgment or sales for
3. Lease taxes
WHAT LANDS ARE REGISTRABLE:
4. Pacto de retro 3. Adverse claims
(a) Private Lands
sale 4. Notice of lis
(b) Agricultural Lands
5. Extra‐judicial pendens
settlement
If in the public domain, the land must be classified as
6. Free patent /
alienable and disposable. It must be classified as such at the
homestead
time of filing the application for registration. (Republic vs.
7. Powers of
CA and Naguit, 2005
attorney
8. Trusts
LANDS ARE NON‐REGISTRABLE
Effects of Registration
1. Property of public domain or those intended for public
An innocent purchaser for Entry thereof in the day use, public service or development of the national wealth.
value of registered land book of the RD is sufficient 2. Forest or timber lands
becomes the registered notice to all persons even if 3. Water sheds
owner the moment he the owner’s duplicate 4. Mangrove swamps
presents and files a duly certificate of title is not 5. Mineral lands
notarized and valid deed of presented to the RD 6. Parks and plazas
sale and the same is 7. Military or naval reservations
entered in the day book and 8. Foreshore lands
at the same time he 9. Reclaimed lands
surrenders or presents the 10. Submerged areas
owner’s duplicate certificate 11. River banks
of title covering the land 12. Lakes
sold and pays the 13. Reservations for public and semi‐public purposes
registration fees 14. Others of similar character (Agcaoili Reviewer, p. 82,
Requirement to present title 2008)
Need to present title to No presentation required;
record the deed in registry annotation in entry book is
and to make memorandum sufficient
on title C. DEALINGS WITH UNREGISTERED LANDS

JUDGMENT PD 1529, Sec 113. Recording of instruments relating to

Judgment becomes final upon expiration of 30 days from
receipt of notice of judgment
III. SUBSEQUENT REGISTRATION
It is where incidental matters after original registration may
be brought before the land registration court by way of
motion or petition filed by the registered owner or a party
in interest.
TWO TYPES OF DEALINGS
VOLUNTARY DEALINGS
Deeds, instruments, documents which are the results of
free and voluntary acts of parties thereto.
unregistered lands. No deed, conveyance, mortgage, lease,
or other voluntary instrument affecting land not registered
under the Torrens system shall be valid, except as between
the parties thereto, unless such instrument shall have been
recorded in the manner herein prescribed in the office of
the Register of Deeds for the province or city where the
land lies.
(a) The Register of Deeds for each province or city
shall keep a Primary Entry Book and a Registration Book.
The Primary Entry Book shall contain, among other
particulars
- the entry number
- the names of the parties
- the nature of the document
- the date, hour and minute it was
presented and received.

INVOLUNTARY DEALINGS The recording of the deed and other instruments relating
to
unregistered lands shall be effected by any of annotation
on the space provided therefor in the Registration Book,
after the same shall have been entered in the Primary Entry
Book.
(b) If, on the face of the instrument, it appears that it is
sufficient in law, the Register of Deeds shall forthwith
record the instrument in the manner provided herein. In
case the Register of Deeds refuses its administration to
record, said official shall advise the party in interest in
writing of the ground or grounds for his refusal, and the
latter may appeal the matter to the Commissioner of Land
Registration in accordance with the provisions of Section
117 of this Decree. It shall be understood that any
recording made under this section shall be without
prejudice to a third party with a better right.
(c) After recording on the Record Book, the Register
of Deeds shall endorse among other things, upon the
original of the recorded instruments, the file number and
the date as well as the hour and minute when the
document was received for recording as shown in the
Primary Entry Book, returning to the registrant or person in
interest the duplicate of the instrument, with appropriate
annotation, certifying that he has recorded the instrument
after reserving one copy thereof to be furnished the
provincial or city assessor as required by existing law.
(d) Tax sale, attachment and levy, notice of lis pendens,
adverse claim and other instruments in the nature of
involuntary dealings with respect to unregistered lands, if
made in the form sufficient in law, shall likewise be
admissible to record under this section.
(e) For the services to be rendered by the Register of Deeds
under this section, he shall collect the same amount of fees
prescribed for similar services for the registration of deeds
or instruments concerning registered lands
PART IX. TRUST
I. DEFINITION
A fiduciary relationship with respect to property, subjecting
the person holding the same to the obligation of dealing
with the property for the benefit of another person
II. KINDS OF TRUST
1. EXPRESS TRUST
Created by the intention of the trustor or of the parties
[Art. 1441]
Elements:
1. Competent trustor or settlor
2. Trustee
3. Ascertainable trust res / Trust property
4. Sufficiently certain beneficiaries
Trust is created:
1. By declaration of the trustor or settlor that he holds
property in trust
2. By conveyance to the trustee:
a. Inter vivos, or
b. By testament
Proof Required:
1. No express trusts concerning an immovable or any
interest therein may be proved by parol evidence [Art.
1443].
o Trusts over real property are unenforceable unless in
writing, although writing is not required for validity, only
for proof.
2. Where the trust is over personal property, an oral trust is
sufficient between the parties.
3. But to bind third persons the trust must be in a public
instrument [Art. 1358(1) and (3)]
2. IMPLIED TRUST
Come into being by operation of law [Art. 1441].
The essential idea involves a certain antagonism between
the cestui que trust and the trustee even where the 7trust
has not arisen out of fraud or an immoral transaction
Proof required
Art. 1457. An implied trust may be proved by oral evidence
A trust must be proven by clear, satisfactory and convincing
evidence. It cannot rest on vague and uncertain evidence
or on loose, equivocal or indefinite declarations [De Leon
vs. Molo-Peckson, 1962]
Where a trust is to be established by oral proof, the
testimony supporting it must be sufficiently strong to prove
the right of the alleged beneficiary with as much certainty
as if a document proving the trust were shown [Suarez v
Tirambulo, 1933]
PART XIII. Torts and Damages
TORTS:
I. DEFINITION, ELEMENTS
Torts- French: torquere-“to twist”
-common law: unlawful violation of private right,
not created by contract, and which gives rise to an
action for damages.
– An act or omission producing an injury to
another, without any previous legal relation of
which the said act or omission may be said to be a
natural outgrowth or incident.
– Private or civil wrong or injury, other than breach
of contract.
-Basis: 5 sources of obligation: LC-QAQ (Laws,
Contracts, Quasi-Contracts, Acts or omissions
punishable by law/Delicts, Quasi-Delicts, Art. 1157,
NCC)
-Genus: involves any violation of a right
NOTE: Torts in Anglo American law is broader than the Torts
in PH law, i.e., quasi-delicts
Torts/quasi-delict (Culpa Aquiliana)
- Fault or negligence of a person who, by his
acts or omission, connected or unconnected
with, but independent from, any contractual
relation, causes damage to another person.
(A. 2176, NCC)
- Scope: those that are punishable by law and
acts which are voluntary and negligent
- Requisites:
o Act or omission constituting fault
or negligence
o Damage caused by the said act or
omission
o Causal relation between the
damage and the act of omission
 Culpa Aquiliana Culpa Culpa Criminal b. Persons made liable for others: Principle of Vicarious
Contractual Liability/ Doctrine of Imputed Negligence (A. 2180 (1), (8))
Negligence -a person who has not committed the act or
Direct, Merely incidental Direct, omission which caused damage or injury to another may
substantive, to the substantive, nevertheless be held civilly liable to the latter either
independent performance of independent of directly or subsidiarily under certain circumstances
an obligation a contract G.R.: Proper defense is the exercise of the diligence of a
already existing
good father of a family (bonus paterfamilias)
because of a
Exception: Common carriers, and all others subject to
contract
extraordinary diligence
Existence of Pre-existing Obligation
None, except the There is, a None, except
duty never to be contract, express the duty never -Basis of Vicarious Liability: Principle of
careful in all or implied to harm others Pater Familias
human Pater Familias Respondent Superior
actuations Basis of the Negligence of the
Proof needed “master’s” liability is servant is
Preponderance Preponderance Proof beyond the negligence in the conclusively the
of evidence of evidence reasonable supervision of his negligence of the
doubt subordinate. The master
Defense of Good Father of a Family (G F F) master will be freed
Proper and Not proper Not proper from liability if he can
complete complete defense prove that he had
defense- defense in Employee’s observed all the
employers or selection and guilt is diligence of a GFF to
guardians supervision of automatically prevent the damage.
employees the employer’s
Though, may civil guilt, if -Liability of Actual Tortfeasor: may be
mitigate damage former is sued alone or with the person responsible for him
insolvent 2 Requisites:
1. Duty of supervision
2. Possibility of making such supervision
II. CLASSIFICATION OF TORTS effective
ACCORDING TO MANNER OF COMMISSION: -Nature of Liability: Primary and Direct
(N I S) (solidarily with tortheasor). His responsibility is
a. Negligent Torts – voluntary acts or omissions which not conditioned upon insolvency of or prior
result injury to another without intending to cause the recourse against negligent tortfeasor.
same. The actor fails to exercise due care in performing
such acts or omissions. -Person vicariously liable for minors (A.
b. Intentional Torts – perpetrated by one who intends to 2180) P A C S [GOC] S [SATI]
do that which the law has declared to be wrong. (NOTE: a. Parents (father, then mother)
Govern by RPC) b. Adopters
c. Strict Liability – person is made liable independent of c. Court-appointed guardians
fault or negligence upon submission of proofs of certain d. Substituted parental authorities [GOC]
facts. 1. Grandparents
2. Oldest qualified sibling over 21y.o
ACCORDING TO SCOPE (G S) 3. Child’s actual custodian-qualified and over
a. General – liability is based on any of the 21y.o
NIS e. Special Parental authorities [SATI]
b. Specific – includes trespass, battery, 1. School
assault, false imprisonment, defamation, invasion of piracy, 2. Administrators
interference of property 3. Teachers
4. Individual, entity, or institution engaged in child
III. THE TORTFEASOR ( C I P E - C A C A) care
-All persons who Command, Instigate, Promote,
Encourage, Countenance, Advise, Cooperate in, Aid or abet IV. CONCEPTS AND DOCTRINE
the commission of tort, or who Approve of it after it is done, a. RES IPSA LOQUITUR – the thing speaks for itself
if done for their benefit. i. In certain instances, the presence of facts or
-Person responsible/liable for the act or omission circumstances surrounding the injury clearly indicate
-Natural or juridical person the negligence on the part of defendant
ii. Function: aid plaintiff in proving elements of a
Kinds: negligence case by circumstantial Evidence (merely a
a. Direct Tortfeasor proof of procedural convenience, not a rule of
-person, there being fault or negligence, is obliged substantive law
to pay the damage done by his own act or omission to iii. Elements: A D N
another (A. 2176, NCC) 1. Accident is such that it would not have happened in the
ordinary course of events without negligence of
someone.
 2. Defendant exercises control and management. i. EXC: The possession or use thereof is indispensable
3. No contributory negligence in the part of the plaintiff. in his occupation or business
iv. Applicability: ii. Applicable also: negligence of a motor driver (A.
1. The thing causing the injury is under the control of the 2184 & 2185)
defendant or his servant;
2. In the ordinary cause of things, the accident does not V. LEGAL INJURY – illegal invasion of a legal right
happen if those who have control used proper care; Elements: L C W
3. In the absence of explanation from the defendant, a 1. Legal right in favor of a
presumption of negligence results. person
NOTE: To be applicable, must appear that the 2. Correlative legal duty on the
injured party had no knowledge as to the cause of the part of another
accident, or that the party to be charged with 3. Wrong in the form of an act
negligence has superior knowledge or opportunity for or omission or violation of said legal
explanation of the accident. right and duty with consequent injury or
damage
b. LAST CLEAR CHANCE/DOCTRINE OF DISCOVERED PERIL/ Classes of Injury: P P R
DOCTRINE OF SUPERVENING NEGLIGENCE/ 1. Persons (A. 19, 20, 21, NCC)
HUMANITARIAN DOCTRINE – is to the effect that even if 2. Property (A. 23, NCC)
the injured party was originally at fault (as when he was 3. Relations (A. 26, 33, NCC)
on the wrong side of a street) still if the person who
finally caused the accident had the “last clear DAMAGES:
opportunity” to avoid striking him, he who could have I. GENERAL PROVISIONS
prevented the injury is still liable if he did not take Injury – legal invasion of a right
advantage of such opportunity or chance. Damage – lost, hurt or harm
i. Requisite: P D E A Damages – compensation of the lost, hurt or harm
1. Plaintiff was in a position of danger by his own caused by the legal invasion of a right
negligence NOTE: DAMAGES shall be awarded in
2. Defendant knew of such position of the plaintiff legal tender
3. Defendant had the least clear chance to avoid the
accident by Exercise of ordinary care but failed to Types/ Kinds of Damages: M E N T A L
exercise such last clear chance a. MORAL DAMAGES –only to enable the
4. Accident occurred as proximate cause of such injured party to obtain means,
failure diversions or amusements that will
ii. APPLICABILITY: serve to alleviate the moral suffering he
1. Purpose of determining the proximate cause of has undergone, by reason of
accident defendant’s culpable action and not
2. Collision intended to enrich a complainant at the
iii. INAPPLICABLE: expense of defendant
1. Only the defendant was negligent Factors to be considered in computation: S S
2. Party charged is required to act instantaneously; if 1. Sentimental value of real or personal property
injury cannot be avoided by application of all means 2. Social and economic/financial standing of the
at hand offender and the offended party
3. If defendant’s negligence is a concurrent cause and Examples: P B M F – M W S S
which was still in operation up to time the injury was 3. Physical suffering
inflicted (joint tortfeasors or between defendants) 4. Besmirched reputation
4. When paintiff, a passenger, filed an action against a 5. Mental anguish
carried based on contract 6. Fright
5. If actor was not aware of the danger or risk brought 7. Moral shock
about by prior fraud or negligent act 8. Wounded feelings
9. Social humiliation
c. PROXIMATE CAUSE – the adequate and efficient 10. Serious anxiety
cause which in the natural order of events and
under the particular circumstances surrounding the b. EXEMPLARY OR CORRECTIVE DAMAGES – imposed by
case, would naturally produce the event. way example or correction for the public good, in
Test: “Cause-in-fact test” – necessary that there be addition to the moral, temperate, liquidated to
proof that defendant’s conduct is a factor in compensatory damages
causing plaintiff’s damage
c. NOMINAL DAMAGES – adjudicated in order that a right
d. DAMNUM ABSQUE INJURIA – a principle that of the plaintiff, which has been violated or invaded by
involves damage without injury, therefore no the defendants, may be vindicated or recognized, and
liability is incurred; there is no legal injury not for the purpose if indemnity the plaintiff for any
loss suffered by him
e. PRESUMPTION OF NEGLIGENCE – G.R.: on the part Elements: P R P
of defendant if injury results from dangerous 1. Plaintiff has a right
weapons or substances such as firearms and poison 2. Right of plaintiff is violated
(A. 2188)
3. Purpose is not to identify but to vindicate or recognize
right violated

d. TEMPERATE OR MODERATE DAMAGES – more than

nominal but less than compensatory where some
pecuniary loss has been suffered but its amount can’t
be proved with certainty due to the nature of the case
Requisites: S L M
1. Some pecuniary loss
2. Loss is incapable of pecuniary estimation
3. Must be reasonable

e. ACTUAL AND COMPENSATORY DAMAGES – adequate

compensation for V P
i. Value of loss suffered
ii. Profits which oblige failed to obtain
1. Exception: L S
a. provided by law
b. by stipulation

WHAT MUST BE DONE TO COLLECT ACTUAL DAMAGES: 3P

1. Plead or allege the loss
GENERAL DAMAGE- natural, necessary and logical
consequences of a particular wrongful act which
result in injury; need not be specifically pleaded
because the law itself implies or presumes that they
resulted from the wrongful act
SPECIAL DAMAGES- damages which are the natural, but
not the necessary and inevitable result of the
wrongful act; need to be pleaded

2. Pray for the relief that claim for loss be granted

3. Prove the loss

WHEN LOSS NEED NOT BE PROVED:

1.) Liquidated damages previously agreed upon,
liquidated damages take the place of actual damages
except when additional damages incurred
2.) If damages other than actual are
sought
3.) Loss is presumed (ex: loss of a child or
spouse)
4.) Forfeiture of bonds in favor of the
government for the purpose of promoting public
interest or policy (ex: bond for temporary stay of
alien)

f. LIQUIDATED DAMAGES – those agreed upon by the

parties to a contract, to be paid in case of breach
thereof
i. May be equitably reduced when: I P
1. Iniquitous or unconscionable
2. Partial or irregular performance

II. DAMAGES IN CASE OF DEATH

a. Minimum amount: P50,000
b. Loss of earning capacity unless
deceased had permanent physical
disability not caused by defendant so
that deceased had no earning capacity
at time of death
c. Support, if deceased was obliged to give
support (for period not more than 5
years)
d. Moral damages