mind, unless freely cohabited with the other
CIVIL LAW after coming to reason; (c) Consent obtained
BAR EXAMINATION QUESTIONS
(TRENDING)
COVERAGE 2000 to 2014
–
659 QUESTIONS
I. Persons
(193 times)
Marriage (Family Code)
(55 times)
Definition
A special contract of permanent union between
a man and a woman entered into in accordance
with law for the establishment of conjugal and
family life. It is the foundation of the family and
an inviolable social institution whose nature,
consequences, and incidents are governed by
law and not subject to stipulation, except that
marriage settlements may fix the property
relations during the marriage within the limits
provided by this Code. (Article 1, Family Code)
Void and Voidable Marriage (Articles 35-38,
Family Code)
Void Marriages
(a) Below 18;(b) Solemnizing officer had no
authority to perform marriages, UNLESS
marriage was contracted in good faith that the
solemnizing officer had legal authority;(c) No
license;(d) Bigamous, polygamous marriages
not falling under Article 41 on PRESUMPTIVE
DEATH (ABSENTEE SPOUSE); (e) Mistake of
identity; (f) Void subsequent marriages;(g)
Psychological incapacity;(h) Incestuous
marriages;and(i) Void marriages by reason of
public policy.
Voidable Marriages (Article 45)
(a) Subsequent marriages without judicial
declaration of presumptive death; (b) Unsound
1
by fraud, unless freely cohabited with the other
after knowledge of fraud; (d) Consent of either
party was obtained by force or intimidation,
unless freely cohabited with the other after
knowledge of force or intimidation; and (e)
That either party was, at the time of marriage,
physically incapable of entering into the married
state, and such incapacity continues, and
appears to be incurable.
Property relations of the Spouses
(Articles 74-148, Family Code)
(32 times)
Property regime without marriage
Where both parties are capacitated to marry
each other, and live exclusively with each other
without the benefit of marriage or under a void
marriage, the rules on Co-ownership will apply.
Void marriage [Article 43, (2), Family Code]
Where one of the parties in a void marriage
acted in good faith (a) TheShare of the party in
bad faith shall be forfeited in favor of their
common children; (b) In case of default or
waiver the vacant share shall belong to
surviving descendants; and (c) In absence of
descendants, the share shall belong to the
innocent party.
Property regimes (Article 75, Family Code)
a. Marriage settlement –Absolute Community of
Property, Conjugal Partnership of Gains, and
Complete Separation of Property
b. Provisions of the Family Code: where there is
NO marriage settlement; or the regime is void,
absolute community of property governs.
c. Local custom
Conjugal partnership of gains (Article 106,
Family Code)
In a common fund, the proceeds, products,
fruits, and income from separate properties;
acquired through efforts or by chance, and,
upon dissolution of the marriage.
Absolute community of property; presumption
(Article 88, Family Code)
At the precise moment of the celebration of the
marriage: PRESUMPTION is that all properties
acquired during the marriage form part of
the absolute community of property , unless
it be proven otherwise.
Paternity and Filiation
(25 times)
Filiation of child born out of wedlock (Article
165, Family Code)
(General Rule) Illegitimate
EXC: (1) Children of voidable marriage; (2)
Children of a void marriage in 2 instances [a.
Children conceived of a subsequent void
marriage; and b. Children conceived of a
marriage before the judgment of annulment or
nullity became final, where ground for voiding
is psychological incapacity.
Filiation of child born of artificial insemination
[Article 166 (3), Family Code]
Legitimate children provided that (a) The
artificial insemination is made on the wife, not
on another woman; (b) The artificial
insemination of the wife is done with the sperm
of the husband, or of a donor, or both the
husband and a donor; and (c) The artificial
insemination has been authorized or ratified by
the spouses in a written instrument executed
and signed by them before the birth of the
child; and (d) The written instrument
aforementioned is recorded in the civil registry
together with the birth certificate of the child.
Action for recognition of an illegitimate child
(Article 173, Family Code)
A child has until his lifetime to file, unless based
on the open and continuous possession of
2
status of an illegitimate child, or on other
evidence. The action must be brought within
the lifetime of the alleged parent if it is based
on open and continuous possession of the
status.
Grounds for impugning the legitimacy of a child
(Article 166, Family Code)
(a) Physical impossibility of sexual intercourse
within the first 120 days of the 300 days
immediately preceding the child’s birth due to
(i) Physical incapacity of the husband, (ii) Living
separately, or (iii) Serious illness of husband
which absolutely prevented sexual
intercourse;(b) Proof that the child could not
have been that of the husband; and (c) In case
of children conceived through artificial
insemination, the authorization or ratification of
either parent was obtained through fraud,
mistake, violence, intimidation or undue
influence.
Adoption
(17 times)
Joint adoption (R.A. 8552)
GR: Spouses shall adopt jointly (Article 185,
Family Code); EXC: (i) Spouse adopts the
legitimate child of the other, (ii) Spouse adopts
his/her illegitimate child provided other spouse
signifies consent, (iii) Spouses legally
separated.
Qualifications for adoption
(a) Below 18, declared available for adoption;
(b) Legitimate child of one spouse, by the other
spouse; (c) Illegitimate child, by a qualified
adopter to raise status to legitimacy; (d) Of
legal age if, prior to adoption, has been
considered and treated by the adopter(s) as
his/her own child since minority; (e) Child
whose adoption was previously rescinded; or
(f) Child whose biological or adoptive parent(s)
has died: Provided, no proceedings shall be
initiated within six (6) months from the time of
death of said parent(s).
Requisites for adoption (Article 183, Family
Code)
a. Any Filipino citizen (i) Of legal age, (ii) In
possession of full civil capacity and legal rights;
(iii) Of good moral character, (iv) Not convicted
of any crime involving moral turpitude, (v)
Emotionally and psychologically capable of
caring for children, (vi) At least sixteen (16)
years older than the adoptee, (can be waived
when adopter is the biological parent of
adoptee, or spouse of adoptee's parent); and
(vii) Capable of to support and care for his/her
children in keeping with the means of the
family.
b. Any alien, with same qualifications as stated
for Filipino nationals: Provided, (i) His/her
country has diplomatic relations with the
Philippines, (ii) He/she has been living in the
Philippines for at least three (3) continuous
years prior to filing of application and maintains
residence until adoption decree is entered, (iii)
He/she has been certified as having legal
capacity to adopt in his/her country and (iv)
His/her government allows adoptee to enter
his/her country as his/her adopted child.
(a) Absence or Death of either parent; the
surviving parent shall continue exercising
parental authority; (b) Remarriage of the
surviving parent shall not affect his/her
parental authority over the children, unless the
court appoints another person to be the
guardian of the person or property of the
children; (c) in separation; parental authority
shall be exercised by the parent designated by
the Court. Maternal preference rule applies
(Article 213, Family Code); (d) Death, absence
or unsuitability of parents, substitute parental
authority shall be exercised by the surviving
grandparents. (Article 214, Family Code)
Right to exercise parental authority in default of
parents (Article 216, Family Code)
(a) Surviving grandparents; (b) Oldest brother
or sister over 21 years of age unless unfit or
disqualified; and (c) Child’s actual custodian
over 21 years of age unless unfit or disqualified.
Grounds for SUSPENSION (Article 228, Family
Code)

(a) Conviction of a crime with the penalty of

Inter-country adoption of Filipino children
(R.A. 8043)
Applies to inter-country adoption of Filipino
children by foreign nationals and Filipino
citizens permanently residing abroad.
Parental Authority(Family Code)
(14 times)
Parental authority and responsibility shall
include (Article 209, Family Code) (a) Caring
and rearing for civic consciousness and
efficiency; and (b) Development of moral,
mental and physical character and well-being.
Effect of absence, death, unsuitability,
remarriage of the surviving parent
separation of the parents to the parental
authority over the children (Article 212, Family
Code)
civil interdiction; (b) Harsh or cruel treatment
of the child; (c) Orders, counsel and example
which are corrupting, given by the person
exercising authority; (d) Child is compelled to
beg; (e) Subjecting the child or allowing the
child to be subjected to acts of lasciviousness;
(f) Negligence, which is culpable, committed by
the person exercising authority.
Grounds for TERMINATION (Article 229, Family
Code)
(a) Death of parents; (b) Death of child; (c)
Emancipation of child; (d) Adoption of child;
(e) Appointment of a general guardian; (f)
Judicial declaration of abandonment; (g) Final
judgment of a competent court divesting the
party concerned of parental authority; or (h)
or
Judicial declaration of absence or incapacity of
the person exercising parental authority.
Persons and Personality
(12 times)

3

Human Relations
1. Presumption of Survivorship (Article 43,
NCC)
If there is doubt as to who died first between 2
or more persons called to succeed each other.
Burden of Proof: Whoever alleges the death of
one prior to the other shall prove the same.
Absent such proof, The Presumption is that
they all died at the same time. No transmission
of successional rights.
Conditions that warrant the application of the
survivorship rule
(a) Parties are heirs to one another; (b) No
proof as to who died first; (c) Doubt as to who
died first.
Presumption; Survivorship rule
Presumption of simultaneity of death. Two or
more persons called to succeed each other die,
are presumed to have died at the same time.
Presumptions on survivorship under the
rules of court
The Rules of Court provide that (1) When two
or more persons perish in the same calamity
and(2) It is not shown who died first, and(3)
There are no particular circumstances from
which it can be inferred that one died ahead of
the other.
2. Presumption of death
Kinds of presumed death
(1) Ordinary presumption-ordinary absence;
absentee disappears under normal conditions
without danger or idea of death; and (2)
Extraordinary presumption-qualified absence;
disappearance with great probability of death.
4
Rules in ordinary presumption of death (Article
390, NCC)
1. Disappearance upon or before reaching the
age of seventy five (75) years
Absence of seven (7) years
The absentee is presumed dead for all
purposes, except succession.
Absence of ten (10) years
The absentee is presumed dead for all
purposes, including succession.
2. Disappearance at the age of seventy six (76)
years or older
Absence of five (5) years
The absentee is presumed dead for all purposes
including succession.
Note: Absentee is presumed to have died under
an ordinary presumption at the end of the five,
seven or ten year period as the case may be.
Presumed dead for all purposes including
the division of estate among heirs in case of
extraordinary presumption of death. (Article
391, NCC)
(a) Passenger of vessel lost during sea voyage,
or airplane which is missing, and has not been
heard of for four (4) years since the loss; (b)
member of armed forces who has taken part in
war, and missing for four (4) years; (c) was in
danger of death under other circumstances and
his existence has not been known for four (4)
years.
3. Personality of child (Article 40, NCC)
Birth determines personality, but the conceived
child shall be considered born for all purposes
that are favorable to it.
For civil purposes, the fetus is considered born
if it is alive at the time it is completely
delivered from the mother's womb. If the
fetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within
twenty-four hours after its complete delivery Unsound mind Any time before death
from the maternal womb. ( Article 41, NCC) of either party or during
a lucid interval or after
4. Juridical Capacity vs. Capacity to act regaining sanity
(Article 37, NCC)
Fraud Within 5 years after the
Juridical capacity: It is the fitness to be the discovery of fraud
subject of legal relations. It is inherent in every
natural person and is lost only through death. VICES OF Within 5 years from the
Capacity to act: It is the power to do acts with CONSENT time the vice
legal effect. It is acquired and may be lost. (Force, disappeared or ceased
intimidation, undue
influence)
Legal Separation (Family Code)
(11 times) Impotence or STD Within 5 years after the
celebration of marriage
Grounds for legal separation(Article 55,
FC)
Prescriptive period for legal separation
(i) Repeated physical violence against
petitioner, common child, or child of petitioner; Must be filed within five years from time of
(ii) Compulsion to change religious or political occurrence of cause. (Article 57, FC)
affiliation of petitioner; (iii) Attempt to corrupt
the petitioner, common child, or child of
Support (Family Code)
petitioner, to engage in prostitution; (iv)
Imprisonment of more than six years, even if (8 times)
pardoned; (v) Drug addiction or habitual
alcoholism; (vi) Lesbianism or homosexuality; Support is everything indispensable for
(vii) Subsequent bigamous marriage in the sustenance, including the education of the
Philippines or abroad; (viii) Sexual infidelity or person entitled to be supported until he
perversion; (ix) Attempt against the life of the completes his education or training for some
petitioner; or (x) Unjustifiable abandonment profession, trade or vocation, even beyond the
for more than one year. age of majority. (Article 194, FC)

Annulment Characteristics

Nullity of marriage requires judicial declaration
Note: Remarriage: nullity of a previous
marriage may be invoked solely on the basis of
final judicial declaration of nullity (JDN) of the
previous marriage. (Article 40, FC)
(1) Personal; (2) Reciprocal on the part of
those who are by law bound to support each
other; (3) Intransmissible; (4) Mandatory; (5)
Provisional character of support judgment; (6)
Exempt from attachment or execution; and (7)
Not subject to waiver or compensation.

Prescriptive period for annulment (Article 47, Use of Surnames

FC) (7 times)

Ground When to file Illegitimate children shall use the surname of

the mother. (Article 368, NCC)However,
No Legal Capacity Within 5 years from illegitimate children may use the surname of
to Marry attaining the age of 21 their father if their filiation has been expressly
recognized by their father through the record of

5
birth appearing in the civil register, or when an
admission in a public document or private
handwritten instrument is made by the father;
Provided, the father has the right to institute an
action before the regular courts to prove non-
filiation during his lifetime. (Amended on March
19, 2004 by RA 9255)
Rights and obligations between
husband and wife
(Article 68-73, Family Code) (4 times)
Essential marital obligations
(a) Live together (cohabitation and copulation);
(b) Observe mutual love, respect, and fidelity;
and (c) Render mutual help and support; (d)
Fix the family domicile;(e) Jointly support the
family; (i) Expenses from the community
property, (ii) Income of fruits of their separate
properties(iii) Separate properties;(f) Manage
household;(g) Not to neglect duties, or commit
acts which tend to bring danger, dishonor, or
injury to family.
Note: Either spouse may practice any legitimate
profession/business, even without the consent
of the other.
Absence (Article 43, Civil Code;
Art.41, Family Code) (3 times)
Absence is the special status of a person who
has left his domicile and his whereabouts and
fate are unknown, it being uncertain whether
he is already dead or still alive.
Kinds of absence
(a) Physical Absence; and (b) Legal Absence
Civil Registrar (Arts. 407-413) (3
times)
Repository of relevant facts of a person.
6
Where acts, events and judicial decrees
concerning the civil status of persons shall be
recorded.
Anything affecting the civil status of persons
shall be recorded.
The Family
The Family home is the dwelling house of the
family and the land on which it is situated. It is
deemed constituted on the house and lot
occupied as a family residence. (Article 155,
FC)
The family home shall be exempt from
execution, forced sale or attachment EXCEPT:
(a) For nonpayment of taxes; (b) For debts
incurred prior to the constitution of the family
home; (c) For debts secured by mortgages on
the premises before or after such constitution;
and (d) For debts due to laborers, mechanics,
architects, builders, material men and others
who have rendered service or furnished
material for the construction of the building.
Guidelines in the constitution of the family
home (Article 152 & 153, FC)
(a) Constituted on the dwelling house of the
family and the land on which the house is
situated; (b) Deemed constituted from the time
of actual occupation as a family residence; (c)
Must be owned by the person constituting it
which may be either or both spouses or the
single head of a family; (d) Must be
permanent; (e) Applies to valid and voidable
marriages and even to common law spouses;
and (f) Continues despite death of one or both
spouses or unmarried head of the family for 10
years, or as long as a minor beneficiary lives
therein; (g) Can constitute one (1) family
home ONLY.
II. SUCCESSION
(85 times)
Testamentary
 (52 times)
Will
An act whereby a person is permitted to control
to a certain degree the disposition of his estate
to take effect after his death. ( Article 783, NCC)
Extrinsic Validity
Viewpoint of time: laws in force at the time the
will was made.
Viewpoint of place/country
(a) Filipino, can observe Philippine law or law
of the country where he executes the will; (b)
Foreigner living abroad, can follow law of his
domicile, law of his home country or Philippine
law; and (c) Foreigner in the Philippines, either
follow the law of his home country or Philippine
law.
Transmission of Rights: from the moment of
death of the decedent. (Article 777, NCC)
Intrinsic Validity
Viewpoint of time: law in force at the time of
the testator's death governs successional
rights.
Viewpoint of place/country: national law of the
testator, regardless of where the will was
executed or where the testator died.
Holographic Will
It is entirely written, dated, and signed by the
hand of the testator himself; subject to no
other form; may be made in or out of the
Philippines; and need not be witnessed. ( Artcile
810, NCC)
Notarial will: governed by the provisions of
the Civil Code.
Legal or Intestate Succession (22
times)
7
Effected by operation of law in the absence or
in default of a will.
Theory of Concurrence
In addition to their legitimes, the heirs shall
have equal shares in the free portion.
Theory of Exclusion
Legitimes of heirs are accorded to them and the
free portion will be given exclusively to the
legitimate descendants.
Distribution of Inheritance
Legitime
Part of testator’s property reserved by law for
compulsory heirs.
Common Rules
(a) Nearer relatives excludes farther relatives;
(b) All of the same class inherit in equal
shares; (c) Legitime of surviving spouse is
always from the Disposable Free Portion; (d)
Legitime of illegitimate child is always from the
Disposable Free Portion; (e) Remainder shall
always form part of Disposable Free Portion; (f)
Illegitimate grandparents and other illegitimate
ascendants cannot inherit from the (illegitimate
child) testator.
Priority of Compulsory Heirs
Testator is a Legitimate Child
(1) Legitimate Children and Descendants; (2)
Legitimate Parents and Ascendants; (3)
Surviving Spouse; (4) Illegitimate Children and
Descendants.
Testator is an Illegitimate Child
(1) Legitimate Children and Descendants; (2)
Illegitimate Children and Descendants; (3)
Parents; (4) Surviving Spouse.
[Article 888]
 Survivor Legitime
LC 1/2 [Article 893]
(1 or more)
Survivor Legitime
LPA 1/2
[Article 892] SS ¼

In legal separation, surviving spouse may

inherit if deceased spouse had given cause for [Article 899]
the same.
Survivor Legitime
Survivor Legitime LPA 1/2
1LC 1/2 SS 1/8
SS 1/4 IC 1/4

[Article 897] [Article 901]

Survivor Legitime  Divide by the # of IC whether they

2 or more LC 1/2 survive alone or with concurring
SS = 1 LC compulsory heirs

Survivor Legitime
[Article 895, 892] IC 1/2

Survivor Legitime
LC 1/2 [Article 894]
SS 1/4 or = 1LC
IC 1/2 of 1 LC Survivor Legitime
SS 1/3
IC 1/3
[Article 889]

Each Parent or Ascendant will equally divide [Article 900]

thelegitime received.
1/3 if marriage in articulo mortis and the
Survivor Legitime testator died within 3 months after the
LPA 1/2 marriage.

1/2 If marriage in articulo mortis and they

cohabited (lived as husband and wife for
more than 5 years).

[Article 896]
1/2 under normal circumstances
All IC share ¼ Survivor Legitime
SS 1/3
Survivor Legitime or 1/2
LPA 1/2
IC 1/4
8
 [Article 903] Illegitimate Children and Descendants; (4)
Illegitimate Parents and Ascendants; (5)
Survivor Legitime Surviving Spouse; (6) Collateral Relatives; (7)
IP 1/2 State.

Intestate of an Illegitimate Child

[Article 903]
(1) Legitimate Children and Descendants; (2)
Survivor Legitime Illegitimate Parents and Ascendants; (3)
IP 1/4 Illegitimate Parents and Ascendants; (4)
SS 1/4 Surviving Spouse; (5) Collateral Relatives; and
(5) State.

[Article 190 (Family Code)] Survivors Share Provision

Survivor Legitime AnyClassAlone

Adopter 1

LC
[Article 190 (Family Code)]
SS

Survivor Legitime
Adopter 1/2
LPA/IP 1/2 2 or more LC
SS

[Article 190 (Family Code)]

Survivor Legitime
Adopter 1/3
IC 1/3
SS 1/3 Survivors Share Provision

LPA
Rights of the Legitimate Children SS

(a) Primary compulsory heirs; (b) Excludes

legitimate parents and descendants. LPA
SS
Preterition (Article 854), requisites IC

(a) Omitted heir must be a compulsory heir in

the direct line; (b) Complete and total IP
omission; and (c) Omitted compulsory heir SS
omitted survives the testator.
Intestate Distribution

Intestate of a Legitimate Child SS

BSNN
(1) Legitimate Children and Descendant; (2)
Legitimate Parents and Ascendants; (3)
9
1 LC Art. 983
SS Same as Who can demand partition
IC in Testate
Art.895 (1) Compulsory heir; (2) Voluntary heir; (3)
Legatee or devisee; and (4) Any person who
acquired interest in the estate.
2 or more LC Art. 983
SS Same as When partition cannot be demanded
IC in
Testate (1) Expressly prohibited by the testator for a
Art.895 period not exceeding 20 years; (2) Co-heirs
agree that the estate shall not be divided for a
period not exceeding 10 years, renewable for
General Provisions another 10 years; (3) Prohibited by law; and
(7 times) (4) Petitionrenders the estate unserviceable for
the use for which it is intended.

Acceptance and Repudiation of Inheritance

Disinheritance (Article 915-923)
(Article 1041-1057, NCC)

Requisites
Requisites

(1) Effected only through a valid will; (2) For a

(1) Certainty of the death of the decedent; and
cause expressly stated by law; (3) Cause must
(2) Certainty of the right to the inheritance.
be stated in the will itself; (4) Cause must be
certain and true; (5) Unconditional; (6) Total;
Acceptance: Confirmation of transmission of
and (7) Disinherited heir must be designated in
successional rights.
such a manner that there can be no doubt as to
his identity.
Repudiation: Renders transmission ineffective
[equivalent to an act of disposition and
Effects
alienation; requires publicity]

(a) Deprivation of compulsory heir; (b)

Collation (Article 1061-1077)
Children/descendants of the persondisinherited
shall take his or her place and shall preserve
What to collate
the rights of compulsory heirs with respect to
the legitime; and (c) Disinherited parent shall
(a) Property or right received by gratuitous title
not have the usufruct or administration of the
during testator’s lifetime; (b) All that was
property which constitutes the legitime.
received from the decedent during his lifetime;
(c) All that their parents would have brought to
collation if alive. Common Provisions
(Article 1015-1105) (4 times)
Partition and Distribution of Estate (Article
1078-1105) Testamentary succession

Who may effect Legitime: Predecease of an heir, representation

(1) Decedent during lifetime by an act inter
vivos or by will; (2) Heirs; (3) Competent
court; and (4) 3rd person designated by the
decedent.
exists if there are children or descendants; if
none, the others inherit in their own right.
(i) Incapacity, same as in predecease; (ii)
Disinheritance, same as in predecease; and (iii)

10
Repudiation by an heir, the others inherit in
their own right. Note: Ownership may be exercised over things
or rights
Intestate succession
1. Things – corporeal property
(i) Predecease, representation exists if there 2. Rights – real or personal, res of rights
are children or descendants; if none, the others corporeal or incorporeal
inherit in their own right; (ii) Incapacity, same
as in predecease; and (iii) Repudiation, there is Possession
always accretion. (14 times)

Capacity to succeed by will or by intestacy It is the holding of a thing or the enjoyment of

(Articles 1024-1040)
a right. (Article 523, NCC)

Requisites
Elements

(1) Heir, legatee/devisee must be living or in

(1) Holding or control; (2) Intention to
existence at the moment the succession opens;
possess; (3) One’s own right.
and (2) Must not be incapacitated or
disqualified by law to succeed.
Classes of possession

(1) In one’s own name or of another; (2) In

III. Property
the concept of owner or holder; (3) Good faith
(85 times) or bad faith

Modes of acquiring ownership

Classification (Article 414) (13 times)
All things which are or may be the object of
appropriation are considered either (1) Donation (11 times)
Immovable or real, and (2) Movable or
personal. Perfection (Article 734, NCC)

Ownership From the moment the donor knows of

acceptance by the donee.
(16 times)
Acceptance (Article 749, NCC)
It is the exclusive enjoyment and control of a
thing (Article 428, NCC)
(1) Incorporated in deed of donation; or
(2) via separate public instrument
Beneficial Ownership

Forms
(a) Ownership recognized by law and capable
of being enforced in court; and (b) Right to
Donations of movable property (Article 748,
enjoyment in one person, legal title is in
NCC)
another.

a. Value is >P5,000, donation and acceptance

Naked Ownership
must be in writing; otherwise, void.
b. Value is <P5,000, orally or in writing:
Enjoyment of all the benefits and privileges of
i. Orally, simultaneous delivery is required
ownership.
(actual or constructive) for validity; or
11
 ii. Writing, valid although no simultaneous (1) Seizure of a thing; (2) Corporeal personal
delivery. property; (3) Susceptible of appropriation; (4)
Donation of immovable property (Article 749, Without an owner; (5) Intention to
NCC) appropriate; (6) Requisites and conditions laid
down by law must be complied.
(a) Must always be in a public instrument
specifying the property donated and the Intellectual Creation (1 time)
burdens assumed by the donee, regardless of
value; (b) Acceptance must be either in (i) The Now governed by Intellectual Property Code
same instrument, (ii) Another public and the TRIPS Agreement.
instrument, notified to the donor in an
authentic form, and noted in both deeds. Tradition/Delivery through contracts

Grounds for revocation Ownership of the thing sold is acquired by the

(1) Supervening birth, survival, or adoption of
a child (Article 761);(2) Non-fulfillment of the
condition or charge imposed (Article 764);(3)
Acts of ingratitude of the donee. (Article 765)
vendee from the moment of delivery, or in any
other manner signifying an agreement that
possession is transferred. (Article 1497, NCC)
Kinds

Donation mortis causa (Article 728, NCC) (a) Real or Actual; (b) Legal or Constructive
(Symbolica, Longa manu, Brevimanu,
(a) Takes effect upon the death of the donor; Constitutrempossessorium);(c) Quasi-tradition;
(b) Made in contemplation of death, without and (d) By operation of law.
the intention to lose the thing or its free
disposal in case of survival; (c) Title is Easements
conveyed upon donor’s death; (d) Must comply
with the formalities required by law for the (12 times)
execution of wills.
Continuous and discontinuous (Article 615,
NCC)
Ownership of thing being donated
• Continuous: not necessary that use be
incessant.
Donation inter vivos (Article 731): ownership
Distinction lies in the fact that in continuous
shall be given to the donee upon perfection.
easements, exercise or enjoyment can be had
without intervention of man; while in
Illegal and impossible conditions on donation
discontinuous easements, requires
intervention of man.
In simple and remuneratory donations, it is
considered as not imposed. Only such
Apparent and non-apparent
conditions are disregarded, but the donation
• Apparent - not necessary that sign be seen;
itself remains valid.
sufficient if seen or known on inspection.
Occupation (1 time)
• Sign/s may be encountered in dominant or
servient estate, according to the
Things appropriable by nature which are
circumstances.
without an owner, such as animals that are the
object of hunting and fishing, hidden treasure Positive and negative (Article 616, NCC):
and abandoned movables, are acquired by • Positive: imposes on servient estate owner
occupation. (Article 713, NCC) the obligation of allowing something to be
done or of doing it himself.
Requisites

12
• Negative: prohibits servient estate owner Oblique Views: walls perpendicular or at an
from doing something which he could lawfully angle to the boundary line not be 60 cm to the
do if the easement did not exist. nearest edge of the window.

Legal and voluntary (Article 619, NCC)

Party wall
• Two kinds according to source.
• Courts cannot impose or constitute any
Common wall which separates two estates, built
servitude where none existed.
by common agreement as the dividing line such
• Can only declare existence if it really exists by
that it occupies a portion of both estates on
law or by will of owners.
equal parts.
• No judicial easements.
• Voluntary easements must be recorded in the
Registry of Property in order not to prejudice Drainage of building
third persons.
Right to divert the rain waters from one’s own
roof to the neighboring estate.
Different Legal easements

Requisites
Easements relating to waters (Article 637)

(a)No adequate outlet; (b) Outlet must be

(a) Natural drainage; (b) Drainage of
where egress is easiest and establishing a
buildings(Right to divert the rain waters from
conduit for the drainage of water; (c) Proper
one’s own roof to the neighboring estate); (c)
indemnity.
Easement on riparian banks for navigation,
floatage, fishing, salvage, and tow path ; (d)
Easement against nuisance(Article 694,
Easement of a dam; (e) For drawing water or
NCC)
for watering animal; and (f) Aqueduct (g)
Construction of a stop lock or sluice gate.
Anything which(a) Injures or endangers the
health or safety of others; (b) Annoys or
Requisite
offends the senses; (c) Shocks, defies or
disregards decency or morality; (d) Obstructs
(1) Can dispose the water; (2) Sufficient for
or interferes with the free passage of any public
use intended; (3) Most convenient and least
highway or street, or any body of water; (e)
onerous to third persons; and (4) Indemnify
Hinders or impairs the use of property.
servient estate owner.
Right of way (Article 649, NCC)
Co-ownership
Right of owner of an estate surrounded by (8 times)
other estates to be allowed to pass thru the
neighboring estates after payment of proper An undivided thing or right that belongs to
indemnity. different persons (Article 484, NCC)

Light and view (Article 669, NCC) Requisites

Right to admit light from neighboring estate (1) Plurality of owners; (2) Object is an
through the opening of a window or making undivided thing or right; (3) Co-owner’s right is
certain openings. limited to ideal share over the physical whole.

Restrictions Characteristics

Direct Views: Observe distance of 2 meters (1) Two or more co-owners; (2) Single object
between the wall and the boundary; and materially or physically undivided; (3) No

13
mutual representation; (4) Exists for common
enjoyment; (5) No distinct legal personality;
(6) Governed first by contract of parties.
Termination
(a) Consolidation or merger; (b) Destruction or
loss of the property; (c) Acquisitive prescription
in favor of third person, or repudiation by co-
owner; (d) Partition, judicial or extrajudicial;
(e) Termination of the period; (f) Sale.
Nuisance (Article 694)
(7 times)
Act, omission, establishment, business,
condition of property, or anything else which (i)
Injures or endangers the health or safety of
others; (ii) Annoys or offends the senses;
(iii) Shocks, defies or disregards decency or
morality; (iv) Obstructs or interferes with the
free passage of any public highway or street, or
any body of water; or (v) Hinders or impairs
the use of property.
Remedies
Prosecution under the RPC or ordinance;Civil
action;Abatement, without judicial proceedings.
Accession
(6 times)
Not a mode of ownership. Mere concomitant
right of ownership. Mere incident or
consequence of ownership.
Kinds
1. Accession discreta (Article 441, NCC)
Right pertaining to owner of a thing over
everything produced thereby.
(a) natural fruits; (b) industrial fruits; (c) civil
fruits.
2. Accession continua (Article 445, NCC)
14
Right pertaining to owner of a thing over
everything incorporated or attached thereto,
naturally or artificially.
a. immovable (i) industrial, (ii) natural (alluvion
or accretion; Avulsion; change of river course;
formation of island)
b. movables (i) adjunction or conjunction, (ii)
commixtion or confusion, (iii) specification.
Quieting of Title
(Article 476) (1 time)
If there is a cloud on title to real property or
any interest therein, by reason of any
instrument, record, claim, encumbrance or
proceeding, apparently valid or effective but in
truth and in fact invalid, ineffective, voidable, or
unenforceable, and may be prejudicial to said
title, an action may be brought to remove such
cloud or to quiet the title.
Usufruct
(1 time)
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. (Article 562, NCC)
Characteristics
(a) Real right of use and enjoyment;(b)
Temporary duration;(c) Transmissible;(d)
Constituted on real or personal property,
consumable or non-consumable, tangible or
intangible.
Classifications
(1) Legal; (2) Voluntary; and (3) Mixed or
acquired by prescription.
IV. Obligations
(52 times)
 Extinguishment of obligations
(Articles 1231) (22 times) Each debtor is liable only for a proportional part
of the debt, and each creditor is entitled only to
a proportional part of the credit.
1. Payment or performance;
2. Loss of the thing due;
Solidary obligation
3. Condonation or remission of the debt;
4. Confusion or merger of the rights of
Anyone of the debtors can be held liable for the
creditor and debtor;
entire obligation, and anyone of the creditors is
5. Compensation;
entitled to demand the entire obligation.
6. Novation;
7. Annulment;
8. Rescission; Elements of an obligations
9. Fulfillment of a resolutory condition; (2 times)
10. Prescription;
11. Renunciation or waiver by the obligee or (1) Juridical or legal tie : binds the parties; may
creditor; arise from either bilateral or unilateral acts of
12. Compromise; persons;(2) Active subject: the obligee or
13. Expiration of the resolutory term or creditor;(3) Passive subject: the obligor or
period; debtor;(4) Fact, prestation or service: the
14. Death of one of the contracting parties object of the obligation.
in purely personal obligations;
15. The will of one of the contracting Sources of obligations
parties in certain contracts; or
(Article 1157) (2 times)
16. The agreement of both contracting
parties or what is sometimes known as
(1) Law; (2) Contract; (3) Quasi-contract (4)
mutual assent or dissent.
Acts or omissions punished by law; (5) Quasi-
delict
Nature and effects of obligations
(Article 1163-1178) (13 times) Kinds of civil obligations
(2 times)
(1) It represents an exclusively private
interest; (2) It creates ties which are by nature
(1) Legal; Conventional; or Penal (2) Real or
transitory; (3) It involves the power to make
Personal (3) Determinate or generic (4) Positive
the juridical tie defective in case of non-
fulfillment through satisfaction of the debtor’s or Negative (5) Unilateral or Bilateral (6)
property. Individual or Collective (7) Accessory or
Principal
Classification of obligations
Different kinds of prestations (Article
(Article 1179-1230) (8 times)
1156): To GIVE, to DO, or NOT TO DO.

1. Pure; Conditional; or With a Period

2. Alternative or Facultative V. Contracts
3. Joint or Solidary
4. Divisible or Indivisible (43 times)
5. With a Penal Clause

Defective Contracts
Joint and Solidary obligations
(17 times)
(Article 1207-1222) (3 times)

Joint obligation
15
Rescissible Contracts (Article 1380-1389, Defect consists in the fact that they lack
NCC) absolutely either in fact or in law one or some
of the elements of a valid contract.
Their defect consists in injury or damage either
to one of the contracting parties or to third As a general rule, they produce no legal effect
persons. in accordance with the principle “quod
nullumproducileffectum”.
Before rescission, they are valid and therefore
legally effective. Not susceptible of convalidation either by
ratification or by prescription.
They are susceptible of convalidation only by
prescription, and not by ratification. Right to set up the defense of absolute nullity
or inexistence cannot be renounced.
They can be attacked only directly, and not
collaterally. Can be attacked or assailed either by a
contracting party or by a third person whose
They can be attacked either by a contracting interest is directly affected.
party who suffers injury or by a third person
who is defrauded.

Voidable Contracts (Article 1390-1402, NCC) Effect of contracts

(11 times)
Defect consists in the vitiation of consent or in
the legal incapacity of one of the contracting
Contracts take effect only between the parties,
parties.
their assigns and heirs, the latter being liable
Susceptible of convalidation either by
only to the extent of the property received from
ratification or prescription. the decedent. (Article 1311, NCC)

Cannot be attacked or assailed by third

persons.
Essential requisites (Article 1318) (9
Unenforceable Contracts (Article 1403-1408, times)
NCC)
(1) Consent; (2) Object; (3) Cause or
Defect consists either in the fact that they were Consideration.
entered into in excess or without any authority,
or they do not comply with the Statute of Formality (Article 1356-1358)
Frauds, or both contracting parties are legally (4 times)
incapacitated.
GR: Contracts are obligatory in whatever form
Cannot be enforced by a proper action in court. they may have been entered into, provided ALL
their essential requisites for its validity are
Susceptible of convalidation by ratification. present.

Cannot be attacked or assailed by third EXC:(1) Law requires that a contract be in

persons. some form in order that it may be enforceable;
and (2) Law requires that a contract be proved
Void and Inexistent Contracts (Article 1409- in a certain way.
1422, NCC)
Kinds of contracts

16
 (2 times)
1. Consensual: perfected by mere consent
2. Real: not perfected until delivery
3. Formal or Solemn
VI. Sales
(44 times)
Definition and Essential Requisites
of a Contract of Sale
(7 times)
One of the parties obligates himself to transfer
the ownership of and to deliver a determinate
thing, and the other to pay a price certain in
money or its equivalent. (Article 1458, Civil
Code)
In an installment sale, it is considered a
contract of sale and not a contract to sell when
the seller did not reserve ownership until full
payment. (2001)
A person may sell something which does not
belong to him. For the sale to be valid, the law
does not require the seller to be the owner of
the property at the time of the sale. ( Article
1434, NCC). If the seller cannot transfer
ownership over the thing sold at the time of
delivery because he was not the owner thereof,
he shall be liable for breach of contract. (2003)
An option is a separate contract from the
contract which is the subject of the offer, and if
not supported by any consideration, the option
contract is not deemed perfected. The option is
a separate contract and if founded on
consideration is a perfected option contract and
must be respected by the parties. (2005)
Elements
Essential – for validity: (a) Consent; (b)
Object/ Determinate subject matter; (c)
Consideration
17
Accidental – dependent on parties’ stipulations:
e.g.(a) Conditions; (b) Interest; (c)
Time & place of payment; (d) Penalty.
Natural – those that are
inherent even in absence of contrary provision:
e.g. warranties.
Formation of Contract of Sale
(7 times)
Stages involved in the formation of a contract
of sale
1. Negotiation/Preparatory offer/ Solicitation;
2. Perfection; 3. Consummation.
Extinguishment of the Sale
(7 times)
(1) Payment or performance; (2) Loss of the
thing due; (3)Condonation or remission
condition; (4) Confusion or merger; (5)
Compensation; (6) Novation; (7) Annulment;
(8) Rescission; (9) Fulfillment of Resolutory
condition; (10) Prescription; (11) Conventional
Redemption; (12) Legal Redemption.
Performance of Contract (Article
1522) (6 times)
When the seller delivers goods lesser than
agreed, the buyer may reject the goods
delivered and the latter shall have no liability.
GR: When the seller delivers goods greater
than agreed, (1) Buyer may accept only the
goods included in the contract and reject the
excess; (2) Buyer may accept the entire goods
delivered and pay for them at the contract rate.
When the seller delivers mixed goods of
different description not included in the
contract, the buyer may accept and reject the
rest.
Subject matter is indivisible: Buyer may reject
the goods.
Seller has the duty to preserve the thing and its
accessions and accessories from the time of the
perfection of the contract of sale.
In case of loss or deterioration, seller is liable
for damages or the buyer may seek rescission
with damages, unless due to a fortuitous event
where seller is not liable.
The Condominium Act/ Recto Law/
Maceda Law (R.A. No. 4726)
(5 times)
GR: No condominium unit shall be conveyed or
transferred to persons other than Filipino
citizens, or Corporations at least 60% of the
capital stock of which belong to Filipino
citizens.EXC:hereditary succession.
As to Corporations: For Common areas in a
condominium project held by a corporation, the
40% limit of alien shareholder ownership shall
apply.
The Recto Law
In case of defaults in paying two or more
installments, the seller can (1) Demand
payment (specific performance); (2) Cancel or
rescind the sale; (3) Foreclose the mortgage
on the property bought (if there ever was a
chattel mortgage)
The Maceda Law
The Maceda Law, RA 6552, is the real estate
equivalent of the Recto Law. It doesn't apply to
sales of(a) Industrial lots; (b) Commercial
buildings and lots; and (c) Lands under the
CARP Law.
The Subdivision and Condominium
Buyers' Protective Decree (P.D. No.
957) (3 times)
It shall be incumbent upon the owner or
developer of the subdivision or condominium
project to complete compliance with his or its
obligations as provided in the decree within two
years from the date of effectivity of the Decree,
18
unless otherwise extended by the Authority or
unless an adequate performance bond is filed.
“Sale or Sell defined under the Decree
” “ ”
Every disposition, or attempt to dispose, for a
valuable consideration, of a subdivision lot,
including the building and other improvements
thereof, if any, in a subdivision project or a
condominium unit in a condominium project;
(a) Privilege given to a member of a
cooperative, corporation, partnership, or any
association; and/or (b) Issuance of a certificate
or receipt evidencing or giving the right of
participation in, or right to, any land in
consideration of payment of the membership
fee or dues. (Deemed sale)
Warranties (Articles 1545-1547)
(2 times)
An express or implied statement or
representation made by the seller of goods, as
part of the contract of sale, having reference to
the character, quality, or title, of the goods,
where he promises or undertakes to insure that
certain facts shall be as he represents.
In case of breach the buyer may refuse to
proceed with the contract or proceed with the
contract and waive the condition.
Breach of Contract
(2 times)
Failure without legal reason to comply with the
terms of contract, to perform any promise
which forms the whole or part of the contract.
Obligations of the Seller to transfer
ownership (2 times)
GR: Seller need NOT be the owner of the thing
at the time of perfection of the contract. Seller
must have the right to transfer ownership at
the time of delivery. EXC: in foreclosure sale
wherein the mortgagor should be the absolute
owner.
Transfer of ownership by the Seller to the
Buyer
GR: The ownership of the thing sold is acquired
by the vendee upon the moment it is delivered
to him. (Sale is absolute)EXC: Any other
manner signifying possession is transferred
from vendor to vendee. The sale in this
exception is a conditional one.
Parties to a Contract of Sale
(1 time)
Seller: one who sells and transfers the thing
and ownership to the buyer.
Buyer: one who buys the thing upon payment
of the consideration agreed upon.
Price (Article 1469)
(1 time)
Price certain and definite terms of payment are
essential elements in a contract of sale.
Requisites
(1) Real; (2) In money or its equivalent; (3)
For valuable consideration; (4) Certain or
ascertainable at the time of the perfection; (5)
Contract.
When price is certain
(a)If stipulated; or(b)If with reference to
another thing certain; or (c) If the
determination of the price is left to the
judgment of specified person(s); or (d) By
reference to certain fact(s).
Transfer of Ownership
(1 time)
Tradition or delivery is a consequence of the
sale that transfers ownership. A thing shall be
understood as delivered when placed in the
control and possession of the vendee.
Documents of Title
19
Documents of the title are documents used in
the ordinary course of business in the sale or
transfer of goods, as proof of possession or
control of the goods, or authorizing the
possessor of the document to transfer or
receive goods represented by such document
(Article 1636, Civil Code).
Purpose: Evidence of possession or control of
goods described therein
VII. CREDIT
TRANSACTIONS (33 times)
Loan (Articles 1953-1961)
(17 times)
Mutuum or simple loan, elements:
(1) Delivery of money or any other consumable
thing; (2) Obligation of debtor to pay ( not
exactly to return).
Object: Money or consumable or fungible things
Real Mortgage
(4 times)
Objects
(1) Immovable; (2) Alienable real rights
imposed upon immovable.Future property
cannot be the object of a mortgage.
Kinds
(1) Voluntary; (2) Legal; and (3) Equitable.
Essential requisites:
(1) Secure fulfillment of the principal
obligation; (2) Absolute ownership by
mortgagor of the thing mortgaged;(3) Free
disposal of property; (4) Cannot exist without a
valid obligation;(5) Thing mortgaged may be
alienated for payment of the principal
obligation, which is due; and (6) Public
document dulyrecorded.
Foreclosure of mortgage
Remedy available to mortgagee by which he
subjects the mortgaged property to the
satisfaction of the obligation secured by the
mortgage.
Redemption
Reacquisition of property which was mortgaged.
Kinds of redemption
a. Equity of redemption: Right to redeem
mortgaged property after default in the
performance of the condition of the mortgage
but before the sale of the mortgaged property
or confirmation of sale.
b. Right of redemption: Right to redeem the
property within a certain period after it was sold
for the satisfaction of the debt.
Guaranty and Suretyship
(Article 2047-2081) (3 times)
Guaranty, defined
Contract whereby a guarantor binds himself to
the creditor to fulfill the obligation of the
principal debtor in case the latter should fail to
do so.
Characteristics
(1) Accessory; (2) Subsidiary and conditional;
(3)Unilateral ;(4) Guarantor must be a person
distinct from the debtor.
Surety
Relationship where the principal has undertaken
an obligation and a surety is also under a direct
and primary obligation or other duty to the
obligee, who is entitled to but one performance,
and as between the two who are bound, the
second, rather than the first should perform.
20
Pledge (Articles 2093-2123)
(3 times)
Contract where debtor delivers to creditor or to
a third person a movable or document
evidencing incorporeal rights for the purpose of
securing the fulfillment of a principal obligation
with the understanding that when the obligation
isfulfilled, the thing delivered shall be returned
with all its fruits and accessions.
Kinds
(1) Voluntary or conventional: Created by
agreement of parties and (2) Legal: Created by
operation of law.
Rights and duties of CREDITOR in a pledge
(1) Take care of the thing with the diligence of
a good father of a family;(2) Right to
reimbursement of expenses for its
preservation.(3) Liable for loss or deterioration
by reason of fraud, negligence, delay or
violation of the terms of the contract, but not
for fortuitous events; (4) May bring actions
pertaining to the owner of the thing in order to
recover it from, or defend it against, a 3rd
person; (5) Cannot use the thing without the
authority of the owner; (6) Use the thing if
necessary for its preservation; and (7) Claim
another thing in pledge or demand immediate
payment of the principal obligation if he is
deceived on the substance or quality of the
thing.
Rights and duties of the PLEDGEE
(1) Cannot deposit the thing pledged with a
3rd person, unless there is a contrary
stipulation; (2) Responsible for the acts of his
agents or employees; (3) No right to use the
thing or to appropriate its fruits without
authority; (4) May cause the public sale of the
thing pledged if, without fault on his part, there
is danger of destruction, impairment or
diminution in value of the thing. The proceeds
of the auction shall be a security for the
principal obligation.
Pledgor
(1) Responsible for the flaws of the thing
pledged; (2) Cannot ask for the return of the
thing against the will of the creditor, unless and
until he has paid the debt and its interest, with
expenses in proper cases; (3) Allowed to
substitute the thing in danger of destruction or
impairment without any fault on the part of the
pledgee, with another thing of the same kind
and quality; (4) May require that the thing be
deposited with a 3rd person, if through the
negligence or willful act of the pledgee the thing
is in danger of being lost or impaired.
Extinguishment
(a) Payment; (b) Sale at public auction; (c)
Return by the pledgee to the pledgor or owner;
(d) Renouncement or abandonment.
Quasi-Contracts
(3 times)
Certain lawful, voluntary and unilateral acts
give rise to a juridical relation, to the end that
no one shall be unjustly enriched or benefited
at the expense of another.
NegotiorumGestio (Articles 2144-2152)
One voluntarily takes charge of the agency or
management of the business or property of
another, without any authority from the latter.
SolutioIndebiti(Articles 2154-2163)
Exists when something is received; there is no
right to demand it; and it is unduly delivered
through mistake.
Deposit (Articles 1962-2009)
(1 time)
Constituted from the moment a person receives
a thing belonging to another, with the
obligation of safely keeping it and of returning
21
the same. If the safekeeping of the thing
delivered is not the principal purpose of the
contract, there is no deposit but some other
contract.
Subject matter
(1) Only movable/personal; (2)Judicial deposit
may cover movable as well as immovable
property, its purpose being to protect the rights
of the parties to a suit.
Principal purpose: Safekeeping of the thing
delivered
Extinguishment
(a)loss or deterioration of the thing;(b) death
of the depositary, ONLY in gratuitous
deposits;(c) other provisions in the Civil Code
(novation, merger, etc.)
Kinds
(1)judicial - attachment or seizure of property
in litigation is ordered and (2)extrajudicial(i)
voluntary- delivery is made by the depositor or
by two or more persons each of whom believes
himself entitled to the thing deposited; and (ii)
necessary- made in compliance with a legal
obligation, or on the occasion of any calamity,
or by travelers in hotels and inns or by
travelers with common carriers.
Antichresis(Arts. 2123-1239)
(1 time)
Characteristics
1. Accessory; and 2. Formal
Special requisites
(1) Covers only fruits of an immovable
property; (2) Delivery of immovable is
necessary for the creditor to receive the fruits;
(3) Written specific amount of principal and
interest; and (4) Express agreement that
debtor will give possession of the property to
creditor and that the latter will apply the fruits
to the interest.
Concurrence and Preference of
Credits (1 time)
Concurrence of Credit: implies possession by
two or more creditors of equal right or
privileges over the same property or all of the
property of a debtor.
Preference of Credit: right held by a creditor to
be preferred in the payment of his claim above
others out of the debtor’s assets.
General Provisons
1. Debtor is liable with all his property, present
and future, for the fulfillment of his obligations,
subject to exemptions provided by law.
Exempt property
Present and Future property of a debtor who
obtains a discharge from his debts on account
of insolvency, is not liable for the unsatisfied
claims of his creditors with said property;
Property in custodialegis and of public
dominion.
2. Insolvency shall be governed by the
Insolvency Law
3. Exemption of conjugal property or absolute
community or property, provided that (a)
Partnership or community subsists and (b)
Obligations of the insolvent spouse have not
redounded to the benefit of the family.
4. If there is co-ownership, and one of the co-
owners is the insolvent debtor, his undivided
share or interest in the property shall be
possessed by the assignee in insolvency
proceedings because it is part of his assets.
5. Property held by the insolvent debtor as a
trustee of an express or implied trust, shall be
excluded from the insolvency proceedings.
Chattel Mortgage (Arts. 2140-2141)
22
A contract where personal property is recorded
in the Chattel Mortgage Register as security for
the performance of an obligation.
Foreclosure
1. Public sale. 2. Private sale;There is nothing
illegal, immoral or against public order in an
agreement for the private sale of personal
properties covered by chattel mortgage.
Period to Foreclose
(1) 30 days from date of violation of the
mortgage condition; (2) The 30-day period is
the minimum period after violation of the
mortgage condition for the creditor to cause the
sale at public auction with at least 10 days
notice to the mortgagor and posting of public
notice of time, place, and purpose of such sale,
and is a period of grace for the mortgagor, to
discharge the obligation; (3) After the sale at
public auction, the right of redemption is no
longer available to the mortgagor.
VIII. GENERAL
PRINCIPLES (34 times)
Effect and Application of Laws
(Civil Code) (32 times)
GR: All laws are required to be published in full.
EXC: (1) Municipal Ordinances; (2)Rules and
Regulations which are internal in nature; (3)
Letters of Instruction issued by administrative
supervisors on internal rules and guidelines;
(4) Interpretative regulations regulating only
the personnel of administrative agency.
EXC to EXC: Administrative rules and
regulations that require publication:
(1) The purpose of which is to implement or
enforce existing laws pursuant to a valid
delegation;(2) Those penal in nature; (3)
Those which diminish existing rights of certain
individuals.
Human Relations (Articles 19-22, Civil
Code) (2 times)
Abuse of Right
Which itself is legal because recognized or
granted by law, may become the source of
some illegality when; exercised in a manner
which does not conform to the norms enshrined
in Art. 19 and results in damage to another; a
legal wrong is thereby committed for which the
wrongdoer must
be held responsible.
Elements:
(1)legal right or duty; (2) duty or right
exercised in bad faith; (3) sole intent of
prejudicing or injuring another.
Principle of DamnumAbsqueInjuria
Damage without injury; one who merely
exercises one’s rights does no actionable injury
and cannot be held liable for damages.
Elements of an action under Article 21, New
Civil Code
(1) An act which is illegal;(2) Contrary to
morals, good customs, public order or
policy;(3) Done with intent to injure.
Breach of Promise to Marry
GR: Breach per se is not an actionable wrong.
EXC:not a mere breach of promise to marry
but constitutes one where damages, pursuant
to Article 21 of the New Civil Code may be
recovered, such as (a) When woman is a victim
of moral seduction and (b) When one formally
sets a wedding and goes through and spends
for all the preparations and publicity, only to
walk out of it when marriage is about to be
solemnized.
IX. Torts and Damages
(33 times)
23
Book I: Torts
(28 times)
Special Liability in Particular Activities (12
times)
The law which governs the liability of
manufacturers and sellers for damages
resulting from defective products. It is meant to
protect the consumers by providing safeguards
when they purchase or use consumer products.
(Aquino, 2005)
Negligence (6 times)
Omission of that degree of diligence required by
the nature of the obligation and corresponding
to the circumstances of the person, time and
place (Art. 1173, NCC).
Test of negligence
Would a prudent man, in the position of the
tortfeasor, foresee harm to the person injured
as a reasonable consequence of the course
about to be pursued? If so, the law imposes a
duty on the actor to take precaution against its
mischievous results, and failure to do so
constitutes negligence.
Strict liability-liable independent of fault
or negligence upon proof (3 times)
One is made liable independent of fault,
negligence or intent after establishing certain
facts specified by law. Includes liability for
conversion and for injuries caused by animals,
ultra-hazardous activities and nuisance.
Classification of Torts-negligence,
intentional, strict liability (2 times)
Negligent torts: It involves voluntary acts or
omissions which result in injury to others,
without intending to cause the same.
Intentional torts:The actor desires to cause the
consequences of his act or believes the
consequences are substantially certain to result
therefrom. (Black’s Law Dictionary)

Strict liability: The person is made liable,
independent of fault or negligence upon
submission of proof of certain facts.
Principles (1 time)
Tort
Civil wrong; person’s conduct causes
compensable injury to a person, property or
recognized interest of another, in violation of a
duty imposed by law.
Main functions of punishing tort:Compensation
and Restitution
To compensate persons sustaining a loss or
harm as a result of another’s act or omission,
placing the cost of that compensation on those
who, in justice ought to bear it.
Prevention
To prevent future losses and harm.
The tortfeasor (1 time)
Persons liable for quasi-delict; Defendants in
tort cases can either be natural or artificial
beings. A corporation may be held civilly liable
in the same manner as natural persons.
Act of Omission and its modalities (1 time)
Act
Any bodily movement tending to produce some
effect in the external world; unnecessary that it
be actually produced; possibility of production
is sufficient.
Fault or Negligence
Omission of diligence required by the nature of
the obligation and corresponds with the
circumstances of the person, time and place.
(Article 1173)
Excusable negligence
24
GR: Events that transpired were unforeseen or
inevitable.
XPN:specified by law; declared by stipulation;
and nature of the obligation requires the
assumption of risk.
Proximate Cause (1 time)
That cause, which, in natural and continuous
sequence, unbroken by any efficient intervening
cause, produces the injury, and without which
the result would not have occurred. ( Article
2179 )
Legal Injury (1 time)
Right
A legally enforceable claim of one person
against another, that the other shall do a given
act, or shall not do a given act. (Pineda,
Persons and Family Relations, p. 23)
Injury
Illegal invasion of a legal right; damage is the
loss, hurt, or harm; and damages are the
recompense or compensation awarded for the
damage suffered.
Book II: Damages
(5 times)
Moral Damages (3 times)
Includes physical suffering, mental anguish,
fright, serious anxiety, besmirched reputation,
wounded feelings, moral shock, social
humiliation, and similar injury.
Awarded to enable the injured party to obtain
means, diversions or amusement that will serve
to alleviate the moral suffering he has
undergone by reason of the defendant’s
culpable action. (Prudenciado vs. Alliance
Transport System, Inc. 148 SCRA 440)
Recovery of moral damages
GR: To recover moral damages, the plaintiff
must allege and prove (a) factual basis for
moral damages and(b) causal relation to the
defendant’s act.EXC: Moral damages may be
awarded to the victim in criminal proceedings
without the need for pleading of proof or the
basis thereof.
General Considerations (1 time)
Damages
The satisfaction for an injury sustained or, as
otherwise expressed, the pecuniary
consequences which the law imposes for the
breach of some duty or violation of some rights.
A complaint for damages is personal in nature
(personal action).
Kinds
(a) Moral ; (b) Exemplary; (c) Nominal; (d)
Temperate; (e) Actual; and (f) Liquidated.
Miscellaneous Rules (Art. 2203) (1 time)
Duty of the injured party
The injured party is obligated to undertake
measures that will alleviate and not aggravate
his condition after the infliction of the injury or
nuisance. The injured party has the burden of
explaining why he did not do so (Article 2203,
New Civil Code).
Actual and Compensatory Damages
Comprehends not only the value of the loss
suffered but also that of the profits which the
obligee failed to obtain. The amount should be
that which would put the plaintiff in the same
position as he would have been in had he not
sustained the wrong for which he is now getting
compensation or reparation. To recover
damages, the amount of loss must not only be
capable of proof but must actually be proven.
Nominal Damages
Awarded for the infraction of a legal right,
where the extent of the loss is not shown, or
where the right is one not dependent upon loss
25
or damage, as in the case of rights of bodily
immunity or rights to have one’s material
property undisturbed by direct invasion.
Elements
(a) Plaintiff has a right;(b) Such right is
violated;(c) The purpose of awarding damages
is to vindicate or recognize the right violated.
Temperate or Moderate Damages
Damages, which are more than nominal but
less than compensatory, and may be recovered
when the court finds that some pecuniary loss
has been suffered but its amount cannot be
proved with certainty.
Elements
Some pecuniary loss;Loss is incapable of
pecuniary estimation;the damages awarded are
reasonable.
Exemplary or Corrective Damages
Imposed by way of example or correction for
the public good, in addition to moral,
temperate, liquidated or compensatory
damages;
Rationale: required by public policy, for
wanton acts must be suppressed. They are
intended to serve as a deterrent to serious
wrongdoings and as a vindication of undue
sufferings and wanton invasion of the rights of
an injured or a punishment for those guilty of
outrageous conduct.
Damages in case of death
Rules:
The plaintiff is entitled to the amount that he
spent during the wake and funeral of the
deceased. Defendant is liable for the loss of the
earning capacity of the deceased.
If the deceased was obliged to give support, the
recipient who is not an heir called to the
decedent's inheritance by the law of testate or
intestate succession, may demand support from consisting of an srcinal copy and the owner ’s
the person causing the death, not exceeding duplicate certificate delivered to the owner.
five years, the exact duration to be fixed by the
court. Effects: placed under the Torrens system;
relieved from all claims except those noted
The spouse, legitimate and illegitimate thereon; title becomes imprescriptible; land
descendants and ascendants of the deceased becomes incontrovertible and indefeasible;
may demand moral damages for mental certificate is no longer subject to collateral
anguish by reason of the death of the attack.
deceased.
Non-registrable Properties
Property of Public Dominion
(2 times)
X. LAND TITLES AND
DEEDS (17 times) Forest or timberland

(a) Foreshore land and seashore; (b)

Torrens System Mangrove swamps; (c) Mineral Lands; (d)
(6 times) Military Reservations; (e) Navigable rivers
streams & creeks; (f) Lakes; (g) Watershed;
System for registration of land under which, the (h) Grazing Lands; (i) Previously titled Land;
court may, after appropriate proceedings, direct (j) Alluvial Deposit along river when man-
the register of deeds to issue a certificate of made.
title. Subsequent Registration
Purpose
Title issued by the Register of Deeds in Favor of
(1)avoid possible conflicts of title; and (2) a transferee to whom the ownership has been
facilitate relative transactions by giving the transferred by any legal mode of conveyance.
public the right to rely on a Torrens certificate
of title.
XI. Lease
Dealings with Unregistered Land (12 times)
(5 times)
Rights and Obligations of Lessor
In cases of unregistered lands, Under Act 3344,
registration of instruments affecting
and Lessee (Arts. 1654-1679)
unregistered lands is without prejudice to a (7 times)
third party with a better right. Exception to the
rule on registered lands, (where the “exception The Lessor is obliged to (1) Deliver the thing
to the rule on registered ).
”
which is the object of the lease contract in such
a condition as to render it fit for the use
intended; (2) To make on the same during the
Original Registration lease all the necessary repairs in order to keep
(4 times) it suitable for the use to which it has been
devoted, unless there is a stipulation to the
Original certificate of title (OCT) is the First title contrary; (3) To maintain the lessee in the
issued in the name of the registered owner by peaceful and adequate enjoyment of the lease
virtue of judicial or administrative proceedings, for the entire duration of the contract.

26
The Lessee is obliged (1) To pay the price
according to the terms stipulated;(2) To use
the thing leased as would a diligent father of a
family, devoting it to the use stipulated; and in
the absence of stipulation, to that which may
be inferred from the nature of the thing leased,
according to the custom of the place;(3) To
pay the expenses for the deed of lease.
Lease of Things (Art. 1643)
(2 times)
In the lease of things, one of the parties binds
himself to give to another the enjoyment or use
of a thing for a price certain, and for a period
which may be definite or indefinite. However,
no lease for more than ninety-nine years shall
be valid.
Lease of Rural and Urban Lands
(Arts. 1646-1653) (2 times)
Leases of Rural Lands
The lessee shall have no right to a reduction of
the rent on account of the sterility of the land
leased, or by reason of the loss of fruits due to
ordinary fortuitous events; but he shall have
such right in case of the loss of more than one-
half of the fruits through extraordinary and
unforeseen fortuitous events, save always when
there is a specific stipulation to the contrary.
Extraordinary fortuitous events include fire,
war, pestilence, unusual flood, locusts,
earthquake, or others which are uncommon,
and which the contracting parties could not
have reasonably foreseen.
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.
Lease of Urban Lands
27
In default of a special stipulation, the custom of
the place shall be observed with regard to the
kind of repairs on urban property for which the
lessor shall be liable. In case of doubt it is
understood that the repairs are chargeable
against him.
Duration: If the period for the lease has not
been fixed, it is understood to be (a) from year
to year, if the rent agreed upon is annual; (b)
from month to month, if it is monthly; (c) from
week to week, if the rent is weekly; and (d)
from day to day, if the rent is to be paid daily.
Note: However, even though a monthly rent is
paid, and no period for the lease has been set,
the courts may fix a longer term for the lease
after the lessee has occupied the premises for
over one year. If the rent is weekly, the courts
may likewise determine a longer period after
the lessee has been in possession for over six
months. In case of daily rent, the courts may
also fix a longer period after the lessee has
stayed in the place for over one month.
Common Carriers
(Articles 1732-1766) (1 time)
Common carriers are persons, corporations,
firms or associations engaged in the business of
carrying or transporting passengers or goods or
both, by land, water, or air, for compensation,
offering their services to the public.
Common carriers are responsible for the loss,
destruction, or deterioration of the goods,
unless the same is due to (1) Flood, storm,
earthquake, lightning, or other natural disaster
or calamity; (2) Act of the public enemy in
war, whether international or civil; (3) Act or
omission of the shipper or owner of the goods;
(4) The character of the goods or defects in
the packing or in the containers; (5) Order or
act of competent public authority.
The common carrier’s duty to observe
extraordinary diligence over the goods remains
in full force and effect even when they are
temporarily unloaded or stored in transit,
unless the shipper or owner has made use of
the right of stoppage in transitu.
 Acquisitive Prescription
If the common carrier negligently incurs delay
Requires: possession + good faith + just title +
in transporting the goods, a natural disaster
time (below)
shall not free such carrier from responsibility.
Movable property by possession = 4 years
A stipulation between the common carrier and
(1132, NCC)
the shipper or owner limiting the liability of the
former for the loss, destruction, or deterioration Immovable property = 10 years (1134, NCC)
of the goods to a degree less than Other real rights = 30 years, without need of
extraordinary diligence shall be valid, provided just title or good faith
it be (1) In writing, signed by the shipper or (a.k.a. Extra-ordinary Acquisitive Prescription)
owner; (2) Supported by a valuable (1137, New Civil Code)
consideration other than the service rendered
by the common carrier; and (3) Reasonable, Prescription of Civil Actions
just, and not contrary to public policy.
Any of the following or similar stipulations shall If not specified, counted from the time action
be considered unreasonable, unjust and may be brought.
contrary to public policy:
Actions(for/based on):

(1) That the goods are transported at the risk

Forcible Entry
of the owner or shipper; (2) That the common
Unlawful Detainer
carrier will not be liable for any loss,
Defamation
destruction, or deterioration of the goods; (3)
Claim against the estate by a minor or
That the common carrier need not observe any
mentally incapacitated (from removal of
diligence in the custody of the goods; (4) That
such incapacity).
the common carrier shall exercise a degree of

diligence less than that of a good father of a

family, or of a man of ordinary prudence in the
vigilance over the movables transported; (5)
Must be brought within= 1 year
That the common carrier shall not be
responsible for the acts or omission of his or its (Art. 1147, NCC, Rule 74 Sec.5, RC)
employees; (6) That the common carrier’s
liability for acts committed by thieves, or of Actions (for/based on):
robbers who do not act with grave or irresistible
threat, violence or force, is dispensed with or Claim against the estate = 2 years from death
diminished; (7) That the common carrier is not (Rule 74 Sec.1, RC)
responsible for the loss, destruction, or
deterioration of goods on account of the Injury upon rights; Quasi- delict = 4 years (Art.
defective condition of the car, vehicle, ship, 1146, NCC)
airplane or other equipment used in the
contract of carriage. All others not specified by NCC = 5 years (Art.
1149, NCC)
Contract for a Piece of Work (Art. 1467)
Oral contracts; Quasi-contracts = 6 years (Art.
By the contract for a piece of work the 1145, NCC)
contractor binds himself to execute a piece of
work for the employer, in consideration of a Recovery of movables = 8 years from when lost
certain price or compensation. The contractor (Art. 1140, NCC)
may either employ only his labor or skill, or also
furnish the material. Real actions over Immovable property = 30
Years (Art. 1141, NCC)
28
 Prescription of Civil Actions
Right of Way, Abating a public or private
nuisance = Imprescriptible (Art. 1143, NCC) If not specified, counted from the time action
may be brought.
Actions(for/based on): (in years) (NC
C)
Mortgage action
Forcible Entry 1 11
Written contract Unlawful Detainer
Obligation Created by Law Defamation
47
Judgment
Rule
Claim against the estate by
a minor or mentally 74
incapacitated (from Sec.
Must be brought within= 10years
removal of such incapacity) 5
(Art. 1142, 1144, NCC)
Claim against the estate 2 Rule
74
XII. Prescription from Sec.
death 1
(10 times)
Injury upon rights 4 114
Quasi- delict 6
Acquisitive Prescription

Requires: possession + good faith + just title + Prov

All others not specified by 5 114
time (below) isio NCC 9
n

(NC Oral contracts 6

C) Quasi-contracts

Recovery of movables 8 114

Movable 4 years 1132 0
property by from
possession
when lost
Immovable 10 years 1134
property
Mortgage action 10 11
Other real rights 30 years 1137 Written contract 42
Obligation Created by
without need of just title or
Law 114
good faith
Judgment 4
(a.k.a. Extra-ordinary Acq.
Pres.)

Real actions over 30 114

Immovable property 1
Prescription of Civil Actions

If not specified, counted from the time action Right of Way Imprescri 114
may be brought. Abating a public or private ptible 3
nuisance
Action Must be Pro
(for/based on) brought visi
within on

29
XIII. Partnership
(10 times)

Limited Partnership
(Article 1843) (4 times)
A limited partnership is one formed by two or
more persons having as members one or more
general partners and one or more limited
partners, the latter not being personally liable
for partnership debts.
It requires a certificate or articles of limited
partnership (which states the matters
enumerated in Article 1844), which must be
signed and sworn and filed for record with the
SEC.
A limited partner has no management powers
except those performed with the ratification of
any general partners’act of strict dominion (as
found in Article 1850).
The name of a limited partner shall not appear
in the partnership name unless it is also the
name of a general partner or prior to the time
when the limited partner became such, e.g. the
business had been carried on under a name in
which his surname appeared.
Contract of Partnership
(2 times)
Elements (Article 1767)
(1)Valid contract; (2) Parties are legally
capacitated; (c) There must be a mutual
contribution of money, property or industry to a
common fund;(d) For the primary, lawful
purpose of obtaining profits, to be divided
among the parties;(e) With at least one
general partner.
Test of existence: (Art. 1769)
(1) Whether or not there is an agreement to
contribute money, property or industry to a
common fund; and (2) Whether or not there is
30
intent of the contracting parties to divide the
profits among themselves.
Dissolution
(2 times)
Extrajudicial Dissolution (Article 1830)
Caused (1) Without violation of the agreement,
by termination of the definite term or particular
undertaking specified in the agreement; or by
express will of the partner who must act in
good faith when no definite term or particular
undertaking is specified; (2) With violation of
the agreement; it may be dissolved by any
partner at any time; (3) In case of occurrence
of any event that makes it unlawful for the
partnership to continue; and (4) When a
specific thing promised to be contributed
perishes before delivery.
Rights and Obligations of Partners
among Themselves (1 time)
(a) Contribute what has been promised; (b)
Warrant property contributed in case of
eviction; (c) Deliver the fruits of the property
gained at the time they should have been
delivered, without need of any demand; and
(d) When contribution consists of goods, the
amount thereof must be determined by proper
appraisal of their value at the time of
contribution.
XIV. Agency
(6 times)
Definition of Agency
(2 times)
A contract of agency is one whereby a person
(agent) binds himself to render some service or
to do something in representation or on behalf
of another (principal), with the consent or
authority of the latter. ( Article 1868)
Powers
To carry out the agency which he has accepted.
(Article 1884)
To answer for damages which, through his non-
performance, the principal may suffer. ( Article
1884 )
To finish the business already begun prior to
the death of the principal should delay entail
any danger. ( Article 1884)
In case a person declines an agency, he is
bound to observe the diligence of a good father
of a family in the custody and preservation of
the goods forwarded to him by the owner until
the latter should appoint an agent or take
charge of the goods. ( Article 1885)
To advance necessary funds should there be a
stipulation to do so.
To 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
Rights and Obligations of
Principal/Agent (2 times)
Obligation of Principal to Agent
(1) Comply with all the obligations which the
agent may have contracted within the scope of
his authority and in the name of the principal.
(Article 1910); (2) To advance to the agent,
should the latter request, sums necessary for
the execution of the agency (Art. 1912); (3) To
reimburse the agent for what the latter has
advanced, with interest, even if the business
was not successful, provided the agent was free
from fault. (Article 1912); (4) To indemnify
the agent for all damages, which the execution
of the agency may have caused the latter
without fault or negligence on his part. (1913);
(5) To Pay the Agent the compensation agreed
upon, or if no compensation was specified the
reasonable value of the agent’s service. (Article
1875 )
31
Agency Requiring Special Powers of
Attorney (1 time)
(a) To make such payments as are not usually
considered as acts of administration; (b) To
effect novations which put an end to obligations
already in existence at the time the agency was
constituted; (c) To compromise, to submit
questions to arbitration, to renounce the right
to appeal from a judgment, to waive objections
to the venue of an action or to abandon a
prescription already acquired; (d) To waive any
obligation gratuitously; (e) To enter into any
contract by which the ownership of an
immovable is transmitted or acquired either
gratuitously or for a valuable consideration; (f)
To make gifts, except customary ones for
charity or those made to employees in the
business managed by the agent; (g) To loan or
borrow money, unless the latter s act be urgent
’
and indispensable for the preservation of the
things which are under administration; (h) To
lease any real property to another person for
more than one year; (i) To bind the principal to
render some service without compensation; (j)
To bind the principal in a contract of
partnership; (k) To obligate the principal as a
guarantor or surety; (l) To create or convey
real rights over immovable property; (m) To
accept or repudiate an inheritance; (n) To
ratify or recognize obligations contracted before
the agency; (o) Any other act of strict
dominion.
Modes of Extinguishment
(1 time)
Article 1919
1.Expiration of the period; 2. Death, civil
interdiction, insanity or insolvency of the
principal or the agent; 3.withdrawal of the
agent
Agency couched in general terms
An agency couched in general terms comprises
only acts of administration, even if the principal
should state that he withholds no power or that
the agent may execute such acts as he may
consider appropriate, or even though the
agency should authorize a general and
unlimited management. (Article 1877)

XV. Compromise and

Arbitration (2 times)

Definition
(1 time)

It is a contract whereby the parties, by making

reciprocal concessions, avoid a litigation or put
an end to one already commenced. ( Article
2028 )

Every civil action or proceeding shall be

suspended: (Article 2030)

(1) If willingness to discuss a possible

compromise is expressed by one or both
parties; or (2) If it appears that one of the
parties, before the commencement of the
action or proceeding, offered to discuss a
possible compromise but the other party
refused the offer.

The duration and terms of the suspension of the

civil action or proceeding shall be governed by
the rules of court as the Supreme Court shall
promulgate. Said rules of court shall likewise
provide for the appointment and duties of
amicable compounders.

No compromise upon the following questions

shall be valid (Article 2035)

(1) The civil status of persons; (2) The validity

of a marriage or legal separation; (3) Any
ground for legal separation; (4) Future

support; (5) The jurisdiction of courts; (6)

Future legitime. (Article 2035)

32
33