143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B.

VALDERRAMA,
CPA, MPM
This document is not meant to replace adequate review 12.A mayor who solemnized a marriage
time and reputable reference materials in preparation BETWEEN AUGUST 3, 1988 AND
for the bar examinations. This is merely a review aid DECEMBER 31, 1991 did not have
and should not be your primary review material. authority to solemnize a marriage rendering
the marriage void.NCC56, FC7, LGC
PRELIMINARY PROVISIONS 13.A VALID MARRIAGE LICENSE is required
in order for a marriage to be valid, except
1. Publication of laws to take effect must be in case of marriages: (a) in articulo mortis,
COMPLETE. If incomplete, it cannot take (b) in remote places, (c) among Muslims or
effect. NCC2 members of ethnic cultural communities
solemnized in accordance with their
2. The legal capacity of aliens to enter into customs, rites, and practices, (d)
contracts or marriage shall be governed by solemnized outside the Philippines where
their NATIONAL LAW pursuant to the no marriage license is required by the laws
nationality principle. of the country where the marriage was
solemnized, or (e) between a man and a
3. In case of INTESTATE AND TESTATE woman who have lived together as husband
SUCCESSIONS, the following shall be and wife for at least 5 years and without
governed by the national law of the any legal impediment to marry each other
person whose succession is under during the period of said marital
consideration: (a) order of succession, (b) cohabitation. FC26-28,33,34,35

amount of successional rights, (c) intrinsic

validity of testamentary provisions, and (d) 14.While a MARRIAGE CONTRACT is the best
capacity to inherit.NCC16 evidence of a marriage, the lack of it does
not negate the existence of a valid
4. BREACH OF PROMISE TO MARRY per se marriage.GR84464, GR135216
is not an actionable wrong, unless: (a)
there is fraud or deceit, (b) expenses are 15.Doctrine of TRIENNIAL COHABITATION
already incurred, or (c) when the woman refers to the presumption that the husband
was forcibly abducted and raped.NCC21 is impotent should the wife still remain a
virgin after living together with the
5. The elements of ABUSE OF RIGHT are: husband for three years.
(a) existence of a legal right or duty, (b)
exercise in bad faith, and (c) sole intent of 16.A DIVORCE VALIDLY SECURED ABROAD
prejudicing or injuring another.NCC19 that terminated the marriage between a
Filipino citizen and a foreigner may be given
PERSONS AND FAMILY RELATIONS recognition in the Philippines regardless
whether who among the contracting
6. Doctrine of PRESUMPTIVE PERSONALITY: parties secured the divorce decree.GR221029
A conceived child is presumed to have
civil personality for all purposes favorable to 17.What exempts contracting parties from the
it provided that it is born in accordance with valid marriage license requirement under
Article 41 of the NCC. Article 34 of FC is the FACT OF MARITAL
COHABITATION of at least 5 years, not the
7. An illegitimate child may use his/her affidavit of such fact.
FATHER’S SURNAME if he/she is expressly
recognized.FC176 18.The requisites for declaration of nullity of
marriage on the ground of psychological
8. If the marriage is annulled and the WIFE incapacity are GRAVITY (serious enough
IS THE INNOCENT PARTY, she may that the incapacitated party cannot assume
continue using her former husband’s name, the marital and familial obligations),
unless: (a) the court decrees otherwise, or JURIDICAL ANTECEDENCE (the mental
(b) she or the former husband is married incapacity existed at the time of the
again to another person.NCC371 marriage though it manifested only later),
and INCURABILITY (the incapacity has no
9. PROVISIONAL ABSENCE refers to when a cure, or if curable, the incapacitated has no
person disappears from his domicile, his means to afford such cure).GR210518
whereabouts being unknown, without
leaving an agent to administer his 19.If INSANITY existed later than the date of
property.NCC381 celebration of marriage, there could be no
action for annulment of marriage.FC45
10.DECLARED ABSENCE refers to when a
person disappears from his domicile, and 2 20.The property regime of a second marriage
years have elapsed without any news about that is void under Article 40 (lack of
him or since the receipt of the last news, or judicial declaration of nullity of a previous
5 years have elapsed in case he left a void marriage for purposes of remarriage)
person to administer his property.NCC384 of the FC shall be either ABSOLUTE
COMMUNITY OF PROPERTY OR
11.There can be NO INDEPENDENT CONJUGAL PARTNERSHIP OF GAINS
PROCEEDING for the express purpose of depending on the date of celebration of the
securing a judicial declaration that a person second marriage.GR122749
is presumptively dead, except for purposes
of remarriage under Article 41 the FC. 21.In case of voidable marriages on the ground
of lack of parental consent, the parent or

The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).
143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B. VALDERRAMA,
CPA, MPM
guardian whose consent is required
CANNOT FILE for the annulment of the
voidable marriage after the contracting
party required to secure such consent has
reached the age of 21.FC47
22.MERE APPEARANCE of the absent spouse
does not terminate the subsequent
marriage contracted after securing a
judicial declaration of presumptive death of
the absent spouse. It is the filing of an
affidavit of reappearance that does.FC42
23.The judicial declaration required under
Article 40 of the FC is not necessary if the
previous marriage is between members of
the SAME SEX, since it is not a marriage
defined under Article 1 of the FC.
24.In asking for a judicial declaration of
presumptive death of an absent spouse
for purposes of remarriage, the belief that
the absent spouse is dead must be WELL-
FOUNDED.FC41
25.The relative guardian or person having
legal charge of the insane in a voidable
marriage and the sane spouse CANNOT
RATIFY said marriage.FC45,47
26.Physical incapability to consummate
marriage, as a ground to annul a marriage,
refers to IMPOTENCY or the inability to
perform a sexual act, which is not the same
as sterility (inability to produce an
offspring).FC45
27.In order for an STD to be a ground to annul
a marriage, it must be (a) existing at the
time of the marriage, (b) serious, and (c)
appears to be incurable.FC45
28.In case of legal separation where violence
alleged also constitutes as violence
specified under RA 9262, NO COOLING-
OFF period of 6 months shall be necessary
before the action can proceed.FC58
29.ABANDONMENT, as a ground for legal
separation, must be without justifiable
cause and must have exceeded one
year.FC55
30.In case of NON-CELEBRATION OF THE
MARRIAGE, a donation propter nuptias is
revocable at instance of the donor, except
when said donation is embodied in a
marriage settlement in which case the
donation is revoked by operation of
law.FC81,86
31.Under ACP, any property acquired during
the marriage by gratuitous title by either
spouse, including the fruits and income
thereof, shall be considered EXCLUSIVE
property. Under CPG, such property is
exclusive, but the fruits and income thereof
are conjugal properties.FC92,106
32.If no liquidation of ACP/CPG is made
within one year from the death of the
deceased spouse and the surviving spouse
contracts a subsequent marriage, a
MANDATORY REGIME OF COMPLETE
SEPARATION OF PROPERTY shall govern
The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).
the property relations of the subsequent
marriage.FC103,130
33.The property relations of parties to a void
marriage on the ground of psychological
incapacity shall be governed by ARTICLE
147 of the FC.
34.Mandatory prior recourse to compromise is
NOT NECESSARY if the suit involving
members of the same family includes non-
members thereof.FC150,151
35.A privately handwritten and signed
instrument may be a SOLE EVIDENCE of
filiation, but if not signed, it is merely
corroborative.GR177728, FC172,176
36.If the birth certificate is void for being
registered by the father alone and without
the consent of the mother, it CANNOT BE
USED as an admission of paternity by the
father.GR222095
37.A family home not constituted as such
before the effectivity of the FC becomes a
family home BY OPERATION OF LAW
upon effectivity of the FC.FC153
38.A rented property CANNOT BE
CONSTITUTED as a family home.FC156
39.NO COMPROMISE may be made on: (a)
civil status, (b) validity of marriage or legal
separation, (c) jurisdiction of courts, (d) any
ground for legal separation, (e) future
support, and (f) future legitime.NCC2035
40.TENDER YEARS DOCTRINE: No mother
shall be separated from her child under
seven years of age, unless the court finds
compelling reasons for such measure.NCC363
41.A hidden treasure found by the husband
in the lot exclusively owned by the wife
shall accrue in favor of the ACP or
CPG.FC92,117
42.An adoption may not be rescinded by the
adopters, but may be rescinded by the
ADOPTEE if the adopter/s committed: (a)
repeated physical and verbal maltreatment
despite having undergone counselling, (b)
an attempt on the life of the adoptee, (c)
sexual assault or violence, or (d)
abandonment and failure to comply with
parental obligations.RA8552
43.A Filipino child adopted by an alien
RETAINS his Filipino citizenship, unless he
acquires the nationality of the adopter
through any of the means under the latter’s
national law.
44.Under the Domestic Adoption Act as
amended by RA 9523, a person OF LEGAL
AGE may be adopted if such person is: (a)
unable to fully take care of himself or
herself, or protect himself or herself from
abuse, neglect, cruelty, exploitation, or
discrimination because of physical, or
mental disability or condition; (b) he or she
is a legitimate or illegitimate son or
daughter of the adopter's spouse; or (c)
prior to adoption, he or she has been
143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B. VALDERRAMA,
CPA, MPM
consistently considered and treated by the
adopter(s) as his or her own child since
minority.
45.A judgement for support is IMMEDIATELY
EXECUTORY.ROC
46.Support shall always be IN PROPORTION
to the resources of the giver and the
necessities of the recipient.FC201
47.SUBSTITUTE PARENTAL AUTHORITY is
only exercised in case of death, absence, or
unsuitability of parents, while SPECIAL
PARENTAL AUTHORITY may be exercised
concurrently with the parents or those
having substitute parental
authority.FC214,218,219
these two (2) circumstances do not concur
in a single tenement, the way which will
cause the least damage should be used,
even if it will not be the shortest.GR112331
53.Under Article 415(10) of NCC, a real right
over an immovable property (such as land)
is an IMMOVABLE property as well. A
mortgage on a parcel of land is only
considered a real right if registered. Hence,
an unregistered mortgage is a MOVABLE
property, while a registered mortgage is an
immovable property.
54.If a movable found is not treasure, it must
be RETURNED to the owner; otherwise, if
the finder retains it, he may be charged
with theft.NCC719

48.A CHANGE OF NAME is sufficiently 55.ACCION PUBLICIANA VS. ACCION

warranted under the following grounds: (a) REIVINDICATORIA:
when the name is ridiculous, dishonorable Accion
Accion
or extremely difficult to write or pronounce; Cause Reivindicatori
Publiciana
(b) when the change results as a legal a
consequence of legitimation or adoption; (c) Better right of
possession,
when the change will avoid confusion; (d) Recovery of
when
when one has continuously used and been Ground
dispossession
dominion of
known since childhood by a Filipino name and Issue property based
has lasted for
and was unaware of alien parentage; (e) on ownership
more than a
when the change is based on a sincere year
desire to adopt a Filipino name to erase Period 10 years 30 years
signs of former alienage, all in good faith Court Depends on assessed value
and without prejudice to anybody; and (f) Proceedi
Civil
when the surname causes embarrassment ngs
and there is no showing that the desired
change of name was for a fraudulent 56.A donation of IMMOVABLE property,
purpose or that the change of name would regardless of value, must be in a public
prejudice public interest.GR207074 instrument.NCC749
57.ACCION INTERDICTAL (forcible entry or
49.The FC shall have RETROACTIVE EFFECT, unlawful detainer; issue of which is physical
except when such retroactive application possession) is filed before the MTC the
impairs vested rights.FC256 proceedings of which is summary.

PROPERTY 58.THEORY OF IRREVINDICABILITY (OR

INDEFEASIBILITY): Possession in good
50.A building of strong materials built on a faith of a movable is presumed ownership.
land not owned by the builder is an It is equivalent to title, and no further proof
IMMOVABLE property.GRL-10837-38 is necessary.

51.A house is considered a PERSONAL 59.If the usufructuary accidentally finds

property under the following instances: (a)
if built using mixed materials, which by its
very nature is considered personal
property; (b) if intended to be demolished,
since what were really mortgaged are the
materials used; (c) if built on rented land,
since an object placed on a land by one who
only had temporary right to the same, does
not become immobilized by attachment;
and (d) if built using strong materials,
expressly considered as personal property
by the parties, and no innocent third parties
will be prejudiced thereby.GRL-4637, GRL-18456, GRL-
58469
hidden treasure, he is entitled to HALF of it,
for he is considered a stranger.NCC438,566
60.A nuisance PER SE is a nuisance at all
times and under any circumstance, while a
nuisance PER ACCIDENS is a nuisance by
reason of circumstances, location, or
surroundings.
61.The commission of acts of ingratitude by
the donee enumerated under Article 765 of
the NCC DOES NOT GIVE RISE TO
AUTOMATIC revocation of the donation for
the donor must invoke those grounds.

52.The criterion of LEAST PREJUDICIAL to the 62.PRESCRIPTION OF ACTIONS:

servient estate must prevail over the Prescript
criterion of shortest distance, although this ive Action
is a matter of judicial appreciation. In other Period
30 years Actions over immovables
words, where the easement may be
Mortgage
established on any of several tenements Written contract
surrounding the dominant estate, the one 10 years
Obligation created by law
where the way is shortest and will cause the Judgment
least damage should be chosen. If having 8 years Recovery of movables

The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).
143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B. VALDERRAMA,
CPA, MPM
Oral contract
6 years
Quasi-contract 68.If the testator provided for a specified
5 years Law did not fix a period recipient in his/her will, the testator
Injury to the right of plaintiff CANNOT DELEGATE to a third person the
Quasi-delict determination of the amount to be given to
Revoke or reduce donation based
the third person.NCC785
on the birth, reappearance or
4 years adoption of a child
Revoke donation based on non- 69.In case of disinheritance, the disinherited
compliance with a condition heir can be REPRESENTED in the legitime
Annul a contract only in the descending line, never in the
Rescind a rescissible contract ascending.NCC923,972
Forcible entry and unlawful
detainer 70.A joint will validly executed in a country
Defamation outside of the Philippines MAY NOT be
Recover possession de facto probated here in the Philippines, but a will
Revoke a donation due to
1 year ingratitude
that is executed in a country where such
Rescind or recover damages if will is void, may be probated here in the
immovable is sold with non- Philippines, as long as the will was executed
apparent burden or servitude in accordance with the New Civil
Enforce warranty of solvency in Code.NCC816,818,819
assignment of credits
71.In probate proceedings, the instrumental
SUCCESSION witnesses are NOT CHARACTER witnesses
for they merely attest the execution of a
63.Any heir may sell or even donate his/her will or testament and affirm the formalities
undivided share in the inheritance at THE attendant to said execution.NCC820
MOMENT OF DEATH of the decedent.NCC774
72.The DOCTRINE OF DEPENDENT
64.If the testator is a teacher in Maguindanao RELATIVE REVOCATION allows a revoked
and the language of the will is in Filipino, it will to be revived when revocation of that
must be PROVEN that the testator knows will was conditioned upon the validity of the
Filipino.NCC804 new will. It is based on two presumptions:
(1) the decedent did not intend to die
65.A THUMBMARK as signature does not without a will, and (2) the decedent revoked
affect the validity of a will, but a CROSS his or her previous will on the condition that
(“X”) is not a valid signature unless it is the the new will is valid. 
usual signature of the testator.GRL-4067
73.The grounds for substitution of heirs under
66.The omission of the surviving spouse in a Article 859 of NCC are: (a) the heir
will DOES NOT RESULT to preterition for predeceased the testator; (b) repudiation of
not being a compulsory heir in the direct heir, and (c) incapacity to accept the
line, but there will be partial annulment to inheritance. Said list is EXCLUSIVE.
the extent of his/her legitime.NCC854,906
67.LEGITIME:NCC888-903 74.A legacy or devise can be REVOKED BY
Survivor OPERATION OF LAW if the thing
LD LA SS IC
s bequeathed or devised is totally lost
1/2, unless the testator and the SS during the lifetime of the testator, or after
were married in articulo mortis and
Any his death without the heir’s fault.NCC957
the testator died within 3 months
class
form the time of such marriage, in
alone 75.The certification of acknowledgment need
which case, legitime of SS as sole
heir is 1/3 NOT BE SIGNED by the notary public in
All 1/2 of that the presence of the testator and
classes Exclude of a LC. If witnesses.NCC806
1/2 1/4
but only d free 76.INTESTATE SHARES:NCC978-1011
one LD portion is Survivor Intestate Share
Equ not Any
All al to sufficient, class Entire estate
classes Exclude that divide alone
1/2
but 2 or d of equally LC Entire estate
more LD each among LP Excluded
LD the IC 1 LC 1/2
LA SS 1/2
-- 1/2* 1/4 --
SS 2 or
LA Consider SS as 1 LC and then
-- 1/2** -- 1/4 more LC
IC divide estate by total number
SS
SS LPA 1/2
-- -- 1/3 1/3
IC SS 1/2
LA LPA 1/2
SS -- 1/2 1/8 1/4 SS 1/4
IC IC 1/4
*If the testator is an illegitimate person, his IP/IC 1/2
natural parents are also excluded by presence of SS 1/2
illegitimate children. SS 1/2
**If natural parents concur with the surviving BS/NN 1/2
spouse, the legitime of the former is 1/4, while of 1 LC First, satisfy the legitime. If estate
the latter is 1/4. SS would be insufficient, reduction
The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).
143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B. VALDERRAMA,
CPA, MPM
must be made according to the New
rules on legitime. The legitime of Debtor’s Yes Yes
IC
LCD and SS shall always be first Consent
satisfied in preference to the ICD. Right to Right to
First, satisfy the legitime. In case reimburseme BENEFICIAL
2 or Effect of
of excess in the estate distribute nt (how much reimburseme
more LC Payment
such excess in the proportion 1:2:2 was paid by nt (how much
SS by New
in accordance with the the new was beneficial
IC Debtor
concurrence theory. debtor) and to the original
subrogation debtor)
77.If a holographic will is contested, AT No revival,
LEAST THREE witnesses shall be required Revival of UNLESS the
during probate.NCC811 Original insolvency
Obligation was already
in Case of existing and No revival
OBLIGATIONS AND CONTRACTS New of public
Debtor’s knowledge or
78.Demand by the creditor is NOT Insolvency known to the
NECESSARY if: (a) the obligation or the law debtor
expressly so declare; (b) when from the
nature and circumstances of the obligation, 85.A contract entered into by an incapacitated
the designation of time of performance was person is merely VOIDABLE in accordance
a controlling motive for its establishment; or with Article 1390 of the NCC, while one
(c) demand would be useless.NCC1169 entered into by one prohibited to do such is
VOID in accordance with Articles 5 and
79.The penalty fixed in an obligation with a 1409(7) of the same Code.
penal clause SUBSTITUTES for damages in
case of breach, except when: (a) there is a 86.A contract entered into by contracting
contrary stipulation, (b) the debtor is sued parties who are BOTH INCAPACITATED to
for refusal to pay the agreed penalty, or (c) enter into contracts is
the debtor is guilty of fraud.NCC1226 unenforceable.NCC1403

80.DOCTRINE OF CONSTRUCTIVE 87.The Statute of Frauds applies only to

COMPLIANCE (OR FULFILLMENT): The
suspensive condition in a conditional
obligation shall be deemed fulfilled when
the obligor (or debtor) voluntarily prevents
its fulfillment.NCC1186
81.A valid consignation (the deposit of the
object of the obligation in a competent
court in accordance with the rules
prescribed by law, after refusal or inability
of the creditor to accept the tender of
payment) requires TWO NOTICES to the
creditor: (1) before making the
consignation, and (2) after consignation was
made.NCC1257,1258
82.Obligations that are NOT COMPENSABLE:
(a) debts arising from contracts of
depositum, (b) debts arising from contracts
of commodatum, (c) claims for support due
to gratuitous title, (d) obligations arising
from criminal offenses, and (e) certain
obligations in favor of the government such
as tax, fees, and others of a similar
nature.NCC1287,1288
83.An action for rescission under Article 1383
of the NCC is a SUBSIDIARY remedy or a
remedy of last resort.
84.EXPROMISION VS. DELEGACION:
Kinds of
Substitutio
n Delegacion
(Personal
Novation)
Creditor’s
Consent
(indispens
Yes
able
requireme
nt)
Original
Debtor’s Yes
Consent
EXECUTORY contracts; hence, it won’t
apply in contracts where there is partial
performance already.NCC1405
88.An oral contract of sale of land, though
unenforceable, is VALID as long as all
essential requisites are present.NCC1458
89.The principle of IN PARI DELICTO (the law
leaves where the parties are) only applies in
void contracts, but not in inexistent
contracts.NCC1411
90.Under ESTOPPEL IN PAIS, a person is
considered in estoppel if by his conduct,
representations, admissions or silence when
he ought to speak out, whether
intentionally or through culpable
negligence, "causes another to believe
certain facts to exist and such other
rightfully relies and acts on such belief, as a
consequence of which he would be
prejudiced if the former is permitted to
deny the existence of such facts." Under
ESTOPPEL BY DEED, a party to a deed
and his privies are precluded from
denying any material fact stated in the
deed as against the other party and his
privies. Under ESTOPPEL BY LACHES, an
equitable estoppel, a person who has failed
or neglected to assert a right for an
unreasonable and unexplained length of
Expromision time is presumed to have abandoned or
otherwise declined to assert such right and
cannot later on seek to enforce the same,
to the prejudice of the other party, who has
no notice or knowledge that the former
Yes would assert such rights and whose
condition has so changed that the latter
cannot, without injury or prejudice, be
restored to his former state.GR202262
No

The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).
143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B. VALDERRAMA,
CPA, MPM
91.An element of natural obligation before it
can be cognizable by the court is
VOLUNTARY FULFILLMENT by the
obligor.NCC1423
92.RESULTING TRUSTS are based on the
equitable doctrine that valuable
consideration and not legal title determines
the equitable title or interest and are
presumed always to have been
contemplated by the parties. They arise
from the nature or circumstances of the
consideration involved in a transaction
whereby one person thereby becomes
invested with legal title but is obligated in
equity to hold his legal title for the benefit
of another. On the other hand,
CONSTRUCTIVE TRUSTS are created by
the construction of equity in order to satisfy
the demands of justice and prevent unjust
enrichment. They arise contrary to intention
against one who, by fraud, duress or abuse
of confidence, obtains or holds the legal
right to property which he ought not, in
equity and good conscience, to hold.
SALES
93.A LACK OF CONSIDERATION renders a
sale void, but a FAILURE OF PAY THE
CONSIDERATION only entitles the seller to
seek for specific performance of a valid
sale.NCC1458,1595
94.In a CONTRACT TO SELL, the seller retains
ownership despite delivery, while in a
CONTRACT OF SALE, ownership is
transferred upon delivery.NCC1478,1497
95.A minor who has bought and received
necessaries, is liable for the REASONABLE
PRICE thereof.NCC1489
96.MERE INADEQUACY of the purchase price
does not affect the validity of the sale,
unless: (a) there is fraud, mistake, or
undue influence indicative of a defect in
consent, (b) it is shown that the parties
really intended a donation or some other
act or contract, or (c) there is a judicial sale
and the inadequacy is shocking to the
conscience of man and there is showing
that in the event of a resale, a better price
can be obtained.NCC1470
97.The rule of preference in case of double
sale DOES NOT APPLY when: (a) the land
sold is unregistered, (b) there are 2 sellers
of one thing, or (c) one or both contracts of
sale are void.NCC1544
98.The RISK OF LOSS is borne by the: (a)
seller, before perfection, (b) seller, at the
time of perfection, (c) buyer, after
perfection but before delivery, except when
there is a stipulation, and (d) buyer, after
delivery.NCC1189,1493
99.The IMPLIED WARRANTIES in a contract
of sale are: (a) warranty against eviction,
(b) warranty against hidden defects; and (c)
warranty as to fitness and
merchantability.NCC1547
The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).
100. The remedies under Recto Law are
ALTERNATIVE, not cumulative; and when
foreclosure of the chattel mortgage is
exercised, deficiency cannot be recovered
in case the proceeds will not be sufficient to
extinguish the principal obligation.
101. If the period agreed upon in a pacto de
retro sale exceeds 10 years, redemption
may be validly exercised only for the FIRST
10 YEARS.NCC1606
102. There can be NO EQUITABLE
MORTGAGE if there is no existing
principal obligation at the time of
constitution of the contract of sale.NCC1602,2085
103. While Maceda Law applies to contracts
involving the sale or financing of real estate
(including residential condominium
apartments) on installment payments, it
DOES NOT APPLY to sale of: (a) industrial
or commercial lands, (b) urban lands
covered by Urban Land Reform Law, (c)
agricultural lands covered by Agrarian
Reform Law, and (d) lands payable in
straight terms.
104. In case of CONVENTIONAL
REDEMPTION, the vendor may reacquire
the property sold provided that he returns
to the vendee: (a) price of the sale, (b)
expenses of the contract, (c) other
legitimate payments made therefor, (d)
necessary and useful expenses made on
the thing sold, and (e) fulfills other agreed
upon stipulations. Interest is not
included.NCC1616
LEASE
105. The lessee CANNOT ASSIGN the lease
without the consent of the lessor, unless
there is a stipulation to the contrary.NCC1649
106. When in the contract of lease of things
there is no express prohibition, the
lessee MAY SUBLET the thing leased, in
whole or in part, without prejudice to his
responsibility for the performance of the
contract toward the lessor.NCC1650
107. If at the end of the contract the lessee
should continue enjoying the thing leased
for 15 days with the acquiescence of the
lessor, and unless a notice to the contrary
by either party has previously been given, it
is understood that there is an IMPLIED
NEW LEASE (OR TACITA
RECONDUCCION), not for the period of the
original contract, but for the time
established in Articles 1682 (rural lands:
time necessary for the gathering of fruits)
and 1687 (urban lands: depending on the
frequency of rental payments). The other
terms of the original contract shall be
revived.NCC1670
108. If an alien is given a LEASE OF 50
YEARS WITH AN OPTION TO BUY, it is a
virtual transfer of ownership, putting the
Constitutional ban against alien landholding
in the Philippines in grave peril.GRL-17587
143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B. VALDERRAMA,
CPA, MPM
PARTNERSHIP
109. A certificate of limited partnership NOT
REGISTERED with the SEC shall not void
the partnership but will only make it a
general partnership.NCC1844
110. A LIMITED PARTNER in a limited
partnership is liable only for the debts and
obligations of the limited partnership up to
his/her capital contributions, except when
he becomes liable as a general partner
when the limited partner: (a) takes part in
the control of the business; (b) agrees to
contribute industry or his services only; or
(c) whose surname appears in a partnership
name, but he is not a general partner nor
the business was not carried under his
surname before his admission, with respect
to partnership creditors who extended
credit to the partnership without actual
knowledge that he is not a general
partner.NCC1846
111. Principle of DELECTUS PERSONAE: No
one can become a member of the
partnership without the consent of all the
partners.
AGENCY
112. While Article 1878 of the NCC requires a
special power of attorney in leasing any real
property to another person for more than
one year. Said rule applies to LESSORS
(or landlords) and does not apply to lessees
(or tenants).
113. The sale of a land through an agent,
whose authority is not in writing, is
VOID. NCC1874
114. Death of the principal DOES NOT
TERMINATE the agency if the agency has
been constituted in the: (a) common
interest of the principal and the agent, or
(b) interest of a third person who has
accepted the stipulation in his/her
favor.NCC1930
CREDIT TRANSACTIONS
115. In contracts of simple loan or MUTUUM,
there is transfer of ownership over the thing
loaned, while in COMMODATUM, there is
none.NCC1933
116. A USURIOUS INTEREST is one which is
greater than the rate allowed by law, while
an unconscionable interest is one which
either enslaves borrowers or leads to a
hemorrhaging of their assets. If a usurious
interest is stipulated, such stipulation is
void, as if there is no stipulation at all; and
in such case, no interest, even a reduced
one, may be awarded. In case of an
UNCONSCIONABLE INTEREST, the
stipulation as to payment of interest
remains and only the rate is considered
invalidated.
117. While there is no ceiling imposed on
agreed interest rates as required under the
Usury Law, courts may REDUCE said rates
The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).
if the rates are iniquitous, unreasonable,
unconscionable, or shocking to the judicial
sensibilities of the court.
118. A contract of rent of a safety deposit
box is a contract of SPECIAL
DEPOSIT.GR102970
119. Examples of NECESSARY DEPOSIT: (a)
made in compliance with a legal obligation;
(b) on the occasion of a calamity; (c) made
by travelers in hotels and inns; and (d)
made by travelers in common
carriers.NCC1996,1998,1754
120. In a contract of guaranty, the liability of
the GUARANTOR is subsidiary, as he is the
insurer of the principal debtor’s solvency,
while in a contract of suretyship, the liability
of the SURETY is primary, as he is the
insurer of the debt.
121. A pledge of multiple objects is
INDIVISIBLE, unless each object secures a
specific portion of the principal
obligation.NCC2089
122. The liability of an accommodation
mortgagor extends only up to the LOAN
VALUE OF THE MORTGAGED PROPERTY
(not to the entire loan itself) at the time of
constitution of the mortgage.GR134330
123. PACTUM COMMISSORIUM refers to an
agreement in a contract of pledge,
mortgage, or antichresis by virtue of which,
if the debtor cannot fulfill his obligation, the
creditor can appropriate or dispose of the
thing given. What is prohibited is
automatic transfer of ownership in case
of debtor’s default.NCC2088
124. If the mortgagor is not the absolute
owner of the property mortgaged, the
contract of mortgage is VOID.NCC2085
125. A real estate mortgage which is
coupled with delivery of possession of
the land to the creditor amounts to a
contract of ANTICHRESIS.GRL-6752
126. Unless there is a contrary stipulation, it
is the ANTICHRETIC CREDITOR who is
liable to pay the taxes and charges upon
the immovable, but he/she may deduct the
sums paid from the fruits of the
immovable.NCC2135
LAND TITLES AND DEEDS
127. MIRROR DOCTRINE: A purchaser may
be considered a purchaser in good faith
when he has examined the latest certificate
of title, except when there exist important
facts that would create suspicion in an
otherwise reasonable man to go beyond the
present title and to investigate those that
preceded it.GR204369
128. A Torrens title could NOT BE
COLLATERALLY ATTACKED. The issue of
whether or not the title was fraudulently
issued, could only be raised in an action
expressly instituted for that purpose; and
an action for reconveyance and recovery of
143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B. VALDERRAMA,
CPA, MPM
possession is not the direct action 138. An expert witness is NOT
contemplated by law.GR202414 NECESSARY where the doctrine of res ipsa
loquitur is applicable.GR210445
129. If the government is made to pay
interest for the difference in between the 139. DOCTRINE OF LAST CLEAR CHANCE:
final amount of just compensation adjudged The negligence of the plaintiff does not
by the court and the initial payment made preclude a recovery for the negligence of
by the government in an expropriation the defendant where it appears that the
proceeding, interest starts to accrue from defendant, by exercising reasonable care
the DATE OF THE TAKING, and not after and prudence, might have avoided injurious
the decision fixing the just compensation consequences to the plaintiff
becomes final and executory.GR218628 notwithstanding the plaintiff’s negligence.

TORTS AND DAMAGES 140. The ELEMENTS of the doctrine of last

clear chance are: (a) plaintiff was in a
130. The elements of TORT are: (a) duty, (b) position of danger and, by his own
breach, (c) injury, and (d) proximate negligence, became unable to escape from
causation. such position by the use of ordinary care;
(b) defendant knew that the plaintiff was in
131. PROXIMATE CAUSE is that which, in a position of danger or in the exercise of
natural and continuous sequence, unbroken ordinary care should have known such; (c)
by an efficient intervening cause, produces defendant had the last clear chance to
injury, and without which, the result would avoid the accident by the exercise of
not have occurred. ordinary care but failed to exercise such
last clear chance; and (d) the accident
132. The defense of exercise of diligence of a occurred as a proximate result of such
good father of a family in the selection and failure.
supervision of employees is not a proper
and complete defense under CULPA 141. Since exemplary damages may be
CONTRACTUAL, but in CULPA granted if the defendant acted with gross
ACQUILIANA, it is a proper and complete negligence and exemplary damages may
defense in so far as employers are not be renounced in advanced, advanced
guardians are concerned.NCC2180 waiver of actions that may arise from
GROSS NEGLIGENCE shall be
133. While the proof of negligence required void.NCC2231,2235
under culpa contractual and culpa
acquiliana is PREPONDERANCE OF 142. LOSS OF EARNING CAPACITY is
EVIDENCE, under culpa criminal, what is computed as:
required is PROOF BEYOND 2
REASONABLE DOUBT. ( 80−age of the deceased )∗(GAE−NLE )
3
134. The presumption of negligence in where GAE means gross annual earnings
motor vehicle mishaps shall only apply if and NLE means necessary living expenses
the negligence is the PROXIMATE CAUSE which is presumed to be 50% of GAE in the
of the injury or damage suffered. GR130003,
NCC2185 absence of actual proof.GR200942

143. The RECOVERABLE DAMAGES in case

135. Parents are vicariously liable for the of death are: (a) civil indemnity, (b) loss of
damages cause by their children under 21 earning capacity, (c) actual or temperate
who STILL LIVE IN THEIR damages, (d) moral damages, (e)
COMPANY.NCC2180 exemplary damages, (f) attorney’s fees, (f)
cost of suit, and (g) legal interest.GR119756
136. There is due diligence of the employer
exercised in the SUPERVISION OF “You didn’t reach this far just to make it this far.” - NBV
EMPLOYEES if the employer established
rules and regulations, implemented them,
monitored its implementation, and
subjected erring employees to disciplinary
actions.

137. The DOCTRINE OF RES IPSA

LOQUITOR (“the thing speaks for itself”)
applies where (a) the accident was of such
character as to warrant an inference that it
would not have happened except for the
defendant’s negligence; (b) the accident
must have been caused by an agency or
instrumentality within the exclusive
management or control of the person
charged with the negligence complained of;
and (c) the accident must not have been
due to any voluntary action or contribution
on the part of the person injured.

The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).