1. An oral mortgage is void against F
rd
innocent 3 parties but valid
between. the parties themselves
2. An unregistered REM may still
be the subject of foreclosure.
3. A contract of antichresis that
doesn’t specify the interest in
writing, although it expressly
mentioned the principal amount
is void and of no effect at all.
4. A CM is a real contract because F
it requires constructive delivery
by the registration of the contract Antichresis is an accessory, formal,
in the CM registry.
5. What must be contained in an
affidavit of good faith
6. A CM w/out containing an
affidavit of GF is void for all
intents and purposes.
7. Lessee may mortgage the thing
leased but only valid during the
effectivity of the lease.
8. A mortgage made by a co-owner F
of a property w/o the consent of Produces a legal effect
other co-owners produces no
legal effect.
9. The nullity of a mortgage does
not render null and void the
principal obli it guarantees
10. A municipality may not mortgage T
a patrimonial property being
used as a public market.
11. Growing fruits while they are
attached to the land may not be
T
F whoever the possessor may be
Obligation to pay interest is not the essence
of antichresis.
unilateral contract.
A statement wherein the parties severally
swear that the mortgage is made for the
purpose of securing the obli specified in the
conditions thereof and for no other purposes
and that the same is just and valid
obligation as one not entered into for the
purpose of fraud.
F.
Affidavit only required for the purpose of
transforming an already valid mortgage to a
preferred one.
F
Lessee is not the absolute owner of the
property.
T
F 23. Enjoyment of immovable
proper objects of CM.
12. A machinery classified as RP T
under Art 415 NCC may be the
object of a valid CM.
13. A mortgage may be gratuitous. T
14. A mortgage follows the property F
provided there is formal Formal assumption not necessary.
assumption of mortgage by the
transferee.
15. While the law does not T
specifically require the
possession of the prop to the
antichretic creditor, delivery has
been held a standard
characteristic of the contract of
antichresis
16. All immovable properties may be F
the object of a contract of
antichresis. Only immovable of the creditor.
17. The mortgage extends to both T
natural and artificial accessions
18. The parties must agree on the F
valuation of the fruits for Actual MV of fruits at the time of application
application to the interest and
principal of the debt
19. The parties may stipulate to the T.
share of taxes and charges upon
the estate during the period of
antichresis
20. The expenses for preservation of T
the property in an antichresis
shall be deducted from the fruits
of the same.
21. Receive fruits RIGHTS OF AN ANTICHRETIC CREDITOR
22. Actual MV of the fruits at the the
of application
24. Taxes
25. Charges upon estate
26. Apply fruits after receiving them
27. The chattel mortgage is deemed
to cover only the prop described
therein and not like or substituted
property thereafter acquired by
the mortgagor notwithstanding a
contrary stipulation
28. Sstocks in trade which are
naturally revolving or floating and
perishable goods that are
naturally expected to be replaced
may be the proper objects of a
CM, provided the deed must be
amended every time there is a
replacement of the goods
29. A promise expressed in a CM to
include debts to be contracted in
the future is a binding
commitment that can be
compelled upon the security
itself even if there is no
amendment of the old agreement
or the execution of a new one
30. A stipulation in a REM prohibiting F
the mortgagor from selling the
mortgaged property w/out the
written consent of the mortgagee
is valid because obligations
arising from contract have the
force of law bet. the contracting
parties
31. The absence of written consent
of the mortgagee in a sale of a
rd
mortgaged chattel to a 3 party
doesn’t affect the validity of the
sale although the mortgagor
could be criminally liable
32. Stipulations in a contract of
antichresis for the extrajudicial
foreclosure of the security is void mortgage and pledge
OBLIGATIONS OF AN ANTICHRETIC for lack of legal basis
CREDITOR
33. In REM, foreclosure pursuant to T
Art 3135 doesn’t require
T personal notice to the mortgagor
34. In REM and antichresis, T
deficiency or the excess is for
the acct/credit of the debtor
unlike in the case of pledge .
35. After foreclosure of a CM or PP T
F
paid on installment, the seller
cannot recover the deficiency
Stocks cannot be an object of CM.
from the buyer
36. The loss of the property F
mortgaged by a fortuitous event Mortgage is an accessory contract, loss of
shall necessarily free the debtor- the thing mortgaged doesn’t affect the
mortgagor from the principal principal contract.
obligation.
F
37. The commitment of a buyer at an F
Marquez v Elisan Credit Corp auction resell the prop to the Right of redemption may be exercised w/ in
mortgagor beyond the period of 1 yr from the reg of the cert of sale; w/o the
redemption is not binding unless reg of the prop, redemption is still possible
supported by a separate even when the commitment is not supported
consideration. by a separate consideration
Pactum commisorium DIFF: CM and PLEDGE CM PLEDGE
38. X 1. Consensual 1. Real
39. X 2. Registration 2. Public instrument
40. X essential for validity to bind 3rd persons
41. X 3. Possession 3. Possession with
remains with debtor creditor
4. Different 4. Different
T procedure in public procedure in public
auction sale auction sale
5. If price of sale is 5. Credior not
less than the amount entitled to recover
of pincipal, creditor deficiency
can recover
deficiency.
F
DIFF: CM and REM CM REM
Parties may agree on the same, as in
42. X 1. Movable 1. Immovable
43. X 2. x guarantee future 2. Future obligations
44. X
45. X
46. A survivorship agreement that
upon death of 1 of the joint
accoutn holders the full amount
of money in their account shall
become the property of the
survivor is a valid aleatory
contract.
47. Betting in a basketball game is
valid because it is not a game of
chance.
48. fThe insolvency of the guarantor
entitles the creditor to demand
another guarantor even if the
creditor designated the guarantor involving dishonesty or should become
49. Future debts of unknown amount F
may not be guaranteed because
there is no principal obligation
yet.
50. Guaranty must be express but
exceptionally it may be implied
from acts of the guarantor as in
guaranty by estoppel
51. The guarantor can bind himself
for more than what the debtor is
liable for but not for less
52. If the parties avail of contractual
provision for automatic
extension, the guarantor will be
released
53. In case of a merger between the
debtor and the guarantor, the
guaranty is extinguished but a
obligations may be guaranteed. sub-guarantor, if any, is released
3. Registration in CM 3. Registration to
registry as a security bind 3rd persons. 54. There is no T
for performance of an 4. Registration X excussion/exhaustion in judicial
obligation essential guaranty
4. Registration 55. When the principal obligation is F
essential for validity modified by agreement, the Alteration should be onerous as to impose a
T guarantor is released if he didn’t new obli or add burden to the guarantor
agree to the modification even if
the modified obligation will be
less onerous
56. A remission in favor of 1 of 5 T
guarantors extinguishes the
principal obligation but only to
F the extent of 1/5
57. Necessary and useful expenses EXAMPLES OF LEGAL PLEDGE
Prohibited. 58. Termination of usufruct
F 59. Execution of work upon a
Art 2057- If the guarantor should be movable
convicted in first instance of a crime 60. Agent’s right to retention of
objects of an agency until
insolvent, the creditor may demand another principal effects reimbursement
who has all the qualifications required in the and pays indemnity
preceding article. The case is excepted 61. Depositary
where the creditor has required and 62. Hotel keepers
stipulated that a specified person should be
63. File application before the 7 CONDITIONS AND RULES FOR VALID
the guarantor
executive judge thru the clerk of EXTRAJUDICIAL FORECLOSURE OF A
court THING PLEDGED
A guaranty may also be given as security for 64. Clerk will examine WON there  Debt must be due and
future debts. was compliance with posting of demandable
notice and publication  Notify the owner
65. Raffling of application among  Intenvention of notary public
F
A guaranty is not presumed; it must be
sheriffs  Sale in public auction
express and cannot extend to more than
66. Auction sale may be had even if  Bids must be I ncash
there is only 1 participating
what is stipulated therein.
bidder
F 67. Clerk shall issue a certificate of
A guarantor may bind himself for less, but payment
not for more than. 68. Certificate of sale must be
approved by the EJ
F
69. Archival of records
70. For all intents and purposes of F
T
pledge is extinguished when
thing pledged is in the Only a disputable presumption.
 possession of pledgor enrichment exists.
71. The rules governing possession T
and preservation of a thing 94. A quasi-contract may be T
pledged by agreement shall nominate/innominate.
apply to legal pledges.
95. The rights under quasi-contract T
72. Take care w/ diligence of good 3 OBLIGATIONS OF PLEDGEE prescribes in 6 years.
father of family
73. Liable for loss or deteriorioration 96. Negorotium gestio arises when a F
person takes charge of an
by reason of fraud, negligence,
abandoned property of another No knowlsegdge.
delay or violation of contract
who does not oppose
74. Not deposit with a 3rd person
notwithstanding knwoeldge.
75. Gratuitous CHARACTERISTICS AND FEATURES OF
CONVENTIONAL DEPOSIT
97. Gestor who attempts to F
76. Only movable property
appropriate the property is
77. Voluntary or necessary governed by rules on implied Not govern
78. Real trust.
79. Unilateral if gratuitous
80. Bilateral if for compensation 98. Solutio indebiti arises when F
payment is made through
81. Safekeep OBLIGATION OF DEPOSITARY mistake, liberality or some other It arises when payment is unduly delivered
82. Return when required cause. through mistake only.
83. Liable for loss through his fault or
negligence 99. Where negligence is punishabel T
under RPC, the repsonsibility for
QD is distinct from civil liability
JUDICIAL VS CONVENTIONAL DEPOSIT Judicial EJ arising from the feliny and may
84. X 1. Court orders the 1. Necessary or therefore be pursued separately.
85. x attachment/seizure voluntary
86. x 2. Movable or 2. Only movable 100. Breach of contract may result T
87. x immovable 3. Delivery may be from QD.
3. Delivery is made made by will of 101. Define proximate cause Causw ehich in natural and continuous
by court order depositor sequence, unbroken by any efficient
102. x
4. Attachment or 4. Compliance with intervening cause, produces the injury and
seizure legal obligsation or w/o which the result would not have
calamity occurred.
SOLIDARY GUARANTOR VS SOLIDARY SD SG 103. Doctrine of contributory If P's negligence was only contributory, the
DEBTOR 1. Debt shall be paid 1. Debtor shall pay negligence immediate and proximate cause of injury
88. x 2. Solidary and 2. Subsidiarily liable
104. x being D's lack of due care, P can still
89. x primarily liable 3. Entitled to recover but the court shall mitigate the
90. x 3. Not entitled to excussio damages to be awarded.
91. x excussion 4. Collateral
92. x 4. Original promisor undertaking
5. Bound to know 5. No need for notice
every default

93. A quasi-contract will not arise if T 105. Doctrine of discovered peril Where both parties are negligent, but the
the act is not unilateral and 106. x negligent act of one is appreciably later in
voluntary and no unjust time than that of the other, or when it is

107. Under the doctrine of
supervening negligence, the
antecedent negligence of a
telephone company is not
providing warning signs on
excavations would not make it
liable if P had a clear chance to
avoid the accident.
108. Volonti non fit injuria not apply if
a person, aware of possible
danger, takes some risks in order
to preserve life.
109. Doctrine of imputed negligence
110. x
111. Burden of proof is the same in
action ciulpa contractual and
culpa acquillana.
112. Res ipsa loquitor
113. x
114. PH law recognizes the strict
liability in torts rule.
115. Liability may be created even if
there is no fault or negligence.
116. If driver and owner of cargo truck T
which figured in a road mishap
were found liable for torts, their
liability is solidary.
117. A subsidiary writ of execution
may be issued against ER of an
accused even if the formed did
not participate in the criminal
impossible to determine whose fault or
negligence should be attributed to the
incident, the one who had the last clear
opportunity to avoid the impending harm
and failed to do so is liable.
T 120. Not authorized by owner.
T
Obligation under 2176 is demandable not
only for one's acts or omissions but also for
those of persons for whom one is
responsible.
F 135. Civil interdiction
Culpa aquiliana - rests on plaintiff
Culpa contractual – defendant to present
proof of contract and non-performance is
sufficient
The thing itself speaks. One is presumed to
be negligent if he had exclusive control of
whatever caused the injury even though
there is no specific evidence of an act of
negligence, and without negligence the
accident would not have happened.
T 142. NG is the management of affairs T
T consent, whether implied or
T
proceedings.
118. Voluntarily assumption or REQS OF NEGOROTIUM GESTIO
management of business or
property
119. Abandoned or neglected.
121. No contract
122. GF
123. Unjust enrichment
124. Risky operations GESTOR LIABLE FOR FORTUITIOUS
125. Prefferd his own interested EVENT
126. Fail to return upon demand
127. BF
128. Unfit to carry on
129. Intervened and prevented more
competent person
130. Delegate to another
131. Stipulation
132. Repudiation EXTINGUISHMENT OF NG
133. Withdrawal
134. Death
136. Insanity
137. Insolvency
138. Death, civil interdiciton of owner
139. Insanity, insolvency of owner
140. If payor was in doubt whether T
debt is due, he may recover
upon prood that it was not due.
141. NG and SI may apply in 1 and F
the same situtation Different
or property of anotehr w/o latter's
express and for his benefit
143. A person who receives in GF a T
payment made erroneously by
the payor shall only answer for
the thing and its accessories to
the extent of his enrichment
144. Delivery to a payee REQS OF SOLUTIO INDEBITI
145. No right to demand what was
delivered
146. Mistake
147. ???Receipt
148. If a thing paid to payee in GF
was thereafter alienated, payee
may restore the price or assign
the action to collect it.
149. Payee in BF must restore the
capital w/ interest, or thing with
fruits which were received or
should have been received, if
thing produces fruits plus
damages.
150. Payee in BF can demand
reimbursement for necessary
and useful exepnses w/ right to
retention.
151. If thing paid belongs to 3rd
person, payee who fines out the
true owner must notify the latter
to claim the thing w/in 60 days.
152. Liability of 2 or more payees in
SI is joint unless solidary is
stipulated.
153. A stranger who gives support
has a right to claim from the one
legally bound unless he gave it
out of piety and w/o intent to be
paid.
154. When trhough an accident, a
person was injured and treated
or helped by another while not in Unless service rendered out of pure
a condition to give consnet, he
shall be liable to pay for the
services rendered him even if
they were rendered on pure
generosity.
155. Exceptionally, a crime of rape
may be considered QD.
156. Act or ommission
157. Damage is caused
158. Fault or negligence
159. No pre-existing contractual
relation between parties
160. Culpa contractual and culpa T
aquilliana both give rise to an
obligation to indemnify.
T
161. As a general rule, QD covers all T
negligent or culpable acts or
ommissions whether punished
by law or not so long as they dod
F not constiute breach of contract.
162. Factors affecting negligence are T
person, time, place and skills.
163. Person may be held responsible T
for the acts and negligence of
F others under his control and
supervision as in injury caused
He can demand for necessary expenses but by stray animals.
no right of retention.
164. Parents PERSONS RESPONSIBLE FOR HTE
F 165. Guardians ACTS OF OTHERS
166. School, administrators, teachers
Claim the thing within 1 month. 167. Employers
168. State
F 169. Head of families that live in T
buildings or parts thereof shall be
Solidary. liable for damages caused by
things thrown or falling frm the
T
same and no proof of negligence
is required to hold them liable.
170. Damages recoverable for QD T
include damnum emergens and
lucrumcessans
F
171. Fault must be the proximate and F
need to be the only cause for
generosity. daamge in order to recover Negligence/Coontributory negligence/strict
indemnification. liability
172. Actual damages are reparation T
of pecuniary losses.
F 173. Moral damages are reparation T
Quasi-delict for non-pecuniary losses.
REQS OF QD
174. Liquidated damages must be F
proveb ny claimant. No need for proof.
175. Exemplary damages are for T
deterring future violations.
176. Fixing amount of indemnity may F 199. With reference to specific F
only be by law or courts. Agreement of parties as to liquidated movable property, claim of EE of
damages. the owner now enjoy preference Real preference only with respect to taxes.
over taxes.
177. Crimes and QD EXTENT OF COMPENSATORY DAMAGES
178. Breach of contract 200. With respect to specific T
immovable property, only taxes
179. Pleading and proof of loss REQS FOR RECOVERY OF ACTUAL
enjoy absolute preference and
180. Proven with reasonable certainty LOSS other preferred credits must be
181. Fact of death, if deaath resulted divided pro rata..
182. Equitable mitigtion of damages
may be decreed if loss would T
have resulted in any even if there
was no breach by defendant
183. No interest may be recovered on T
unliqiudated claim of damages,
except when damend can be
established w/ reasonable
certainty at court's discretion.
184. Exemplary damages are WHEN ATTY FEES CAN BE
awarded RECOCVERED
185. Malicious prosecution
186. Unfounded civil action or
proceedings
187. Legal support
188. Malicious prosecution WHEN MORAL DAMAGES BE
189. Adultery or concubinage RECOVERED
190. Illegal search
191. Libel
192. Seduciton
193. Agreed upon by parties CHARACTERISTICS OF LIQUIDATED
194. Equitably reduced if iniquitous or DAMAGES
unconscionable
195. When breach is not the one
stipulated, law will determine the
measure of damages.
196. LD are those damages agreed F
upon by parties and may not be May be reduced if iniquitous or
equitable reduced. unconscionable.

197. ED cannot be awarded alone. T

198. Preference under 2241 can only T
be applied if there is an
insolvency proceeding.