Professional Documents
Culture Documents
Civil Law Bar Notes 2012
Civil Law Bar Notes 2012
College of Law
UCLASS Bar Operations
Civil Law Society
GENERAL PRINCIPLES
D. Mandatory or prohibitory laws
Art. 5. Acts executed against the provisions of
mandatory or prohibitory laws shall be void,
except when the law itself authorizes their
I. Effect and Application of Laws validity.
F. Repeal of laws
C. Retroactivity of Laws Laws are repealed only by subsequent
General Rule: Laws have no retroactive effect, ones, and their violation or non-observance shall
unless the contrary is provided. (Art. 4, NCC) not be excused by disuse or custom or practice to
Exceptions: the contrary. (Art. 7, NCC)
1. Expressly provided by the law;
2. Laws creating new rights; 1. In express repeal, the repeal of repealing law
3. Emergency laws; will not revive the old law.
4. Tax laws; 2. A law is impliedly repealed when the
5. Remedial statutes; provisions of the subsequent law are
6. Interpretative statutes; incompatible with those of the previous law.
7. Curative statutes; and However, for this tom occur, the following
8. Penal laws favorable to the accused who is must concur:
not a recidivist or a habitual delinquent; a. Both laws cover the same subject matter;
and
Exceptions to the Exceptions: b. The latter law is repugnant to the earlier
law.
1. Ex post facto laws; and
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Art. 10. In case of doubt in the interpretation or Administrative Rule and interpretation
application of laws, it is presumed that the distinguished –
lawmaking body intended right and justice to When an administrative agency promulgates
prevail. (n) rules and regulations, it “makes” a new law
with the force and effect of a valid law, while
Art. 11. Customs which are contrary to law, when it renders an opinion or gives a
public order or public policy shall not be statement of policy, it merely interprets a pre-
countenanced. (n) existing law. Rules promulgated to law are
binding on to the courts, even if they are not
Art. 12. A custom must be proved as a fact, in agreement. On the other hand,
according to the rules of evidence. (n) administrative interpretation of the law is at
best merely advisory, for it is the courts that
finally determine what the law means.
Terms & Principles in Interpretation and Stare Decisis - legal maxim which requires
Construction that past decisions of the court be followed in
the adjudication of cases.
Statutory construction
the act or process of discovering and Exception: Should not be applied when there
expounding the meaning and intention of the is conflict between the precedent and the law.
The duty of the court is to forsake and
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abandon any doctrine or rule found to be in purpose or object, or cover the same specific
violation of law in force. But this can only be or particular subject matter. If they cannot be
done by the Supreme Court and cannot be harmonized then the earlier one must yield to
done by an inferior court. the later one, it being a later expression of
legislative will.
Obiter Dictum - does not fall within the
doctrine of stare Decisis. It is an opinion Strictissimi Juris - laws which are strictly
expressed by a court upon some question of construed:
law which is not necessary to the decision of 1) Penal statutes
the case before it. 2) Tax exceptions
3) Statutes in derogation of rights
Spirit of the law prevails over the letter 4) Statutes authorizing authorizations
of the law. (Only applies when there is 5) Statutes granting privileges
ambiguity provided by the law itself) 6) Legislative grants to local government
units
Literal import must yield to intent. 7) Statutory grounds for removal of officials
8) Naturalization laws
Cessante ratione legis, cessate et ipsa 9) Statutes imposing taxes and construction
lex - when the reason for the law ceases the duties
law itself ceases 10) Statutes concerning the sovereign
11) Statutes authorizing suits against the
Ratio legis et anima- Reason of the law is government
its soul 12) Statutes prescribing the formalities of a
will
Surplusagum non noceat - surplusages
does not vitiate the statute Statutes liberally construed:
1) Social legislation (labor laws, land reform
Utile per inutile non vitiatur - the useful is laws, social security laws and tenacy
not vitiate by the non-useful laws)
2) General welfare clause (LGC)
Ibi quid generaliter conceditur; inest 3) Grant of power to the LGU’s-full autonomy
exception, si non aliquid sit contras jus of LGU’s
basque - Where anything is granted 4) Statutes granting taxing power
generally, this exception is implied; that 5) Statutes prescribing prescriptive period to
nothing shall be contrary to law and right. collect taxes
(Every rule is not without exception) 6) Statutes imposing penalties for non-
payment of taxes
Sumon jus, summa injuria - Rigor of the 7) Election laws
law would become the highest injustice 8) Amnesty procalamations (amnesty and
pardon are used synonymously in this
Nemo tenetur ad impposible - the law does sense)
not require that impossibility be done. 9) Statutes prescribing prescription of crimes
10) Adoption statutes
Impossibilium nulla onligatio est - no 11) Veteran and pension laws
obligation to do an impossible thing. 12) Rules of Court
13) Curative statutes
DOCTRINE OF NECESSARY IMPLICATION 14) Redemption laws
It is expressed in the maxim, ex necessitate 15) Warehouse receipts laws
legis which means that every statutory grant 16) Probation laws
of power, right or privilege is deemed to 17) Statutes granting power of agency
include all incidental power, right and
privilege.
Except: Authority to charge against public Mandatory and directory statues, generally
funds may not be implied unless a statute
expressly provides so. Mandatory statutes is a statue which commands
either positively that something be done, or
Statutes in Pari material - they relate to performed in a particular way, or negatively
the same person or thing, or have the same that something be not done, leaving the
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Rule if the last day falls on a Sunday or a Exception: When a marriage between a Filipino
legal holiday? citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by
Depends: If the act to be performed wihin the the alien spouse capacitating him/ her to remarry,
period is: the Filipino spouse shall likewise have the
capacity to remarry under Philippine law. (Art.
1) Prescribed or allowed by the: 26[2], Family Code).
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Mullane v. Central Hanover Bank & Trust Co., First Philippine International Bank (Formerly
339 U.S. 306 (1950). Producers Bank Of The Philippines) And Mercurio
Rivera vs. CA
Margarita Romualdez-Licaros Vs. Abelardo B.
Licaros, G.R. No. 150656. April 29, 2003 PATRICIA S. VILLAREAL, for herself and as
guardian of her minor children, CLAIRE HOPE and
Idonah Slade Perkins Vs. Mamerto Roxas TRICIA, both surnamed VILLAREAL vs. CA
William F. Gemperle vs. Helen Schenker and Paul -Llantino v. Co liong chong (188 SCRA 592)
Schenker. 19 SCRA 45, Jan. 23, 1967 A contract is the law between the contracting
parties and when there is nothing in it which is
contrary to law, morals, customs, public policy or
National Grains Authority vs. IAC , 157 SCRA public order the contract is sustained.
380, Jan. 28, 1988
Puyat vs. Zabarte, 352 SCRA 738 - Extrinsic and Intrinsic Validity of
conveyances
Valmonte vs. Court Of Appeals, 252 SCRA 92,
1/22/96 GENERAL RULE: The formalities of a contract
to convey property are likewise governed
Shaffer vs. Heitner, 433 U.S 186 (1997) by the Lex Situs.
EXCEPTIONS:
Vicente Caluag et al. vs. CFI Judge Pecson, 82 -Where he transaction does not affect
Phil 8 (10/29/48) transfer of the title to or ownership of the
land. (lex intentionis or Lex Voluntatis is
Spouses Patrick And Rafaela Jose vs. Spouses the governing law.)
Helen And Romeo Boyon -Where real property is offered by way of
G.R. No. 147369. October 23, 2003 a security for the performance of an
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3) Intrinsic validy The proper law of the b) Capacity of c) loci voluntatis or loci
(including contract-the lex contractus parties intentionis
interpretation of (lex loci voluntatis or the c) intrinsic
instruments and lex loci intentionis) validity
amount of damages 4) Contract of 4) fixed situs of carrier
for breach) common carrier of except d) law of
goods destination
Note: The other a) extrinsic validity
theories are: b) capacity of
parties c)
a) Lex loci intrinsic validity
celebrationis d) liability of loss,
b) Lex nationalii
destruction, or
c) Lex loci deterioration of
solutionis (law of goods in transitu
the place of the 5) Contract of 5) a) lex loci
perfomance)
agency celebrationis
d) Prof. Minor's a) extrinsic b) national law of the
solution validity parties except when
1) Perfection of b) capacity of the agency deals
the contract (lex
parties to be with the conveyance
loci celebrationis)
principal or or encumbrance of
) Cause or consideration- agent property-lex situs
(lex loci c) intrinsic c) lex loci voluntatis
Considerationis) validity
3) performance-
lex loci solutionis
6) Simple loan 6) a) lex loci
defect: this theory a) extrinsic validity celebrationis
combines the b) capacity of the b) national law
defects of the
parties c) lex loci volutatis or
others
c) intrinsic validity lex loci intentionis
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SYNOPSIS OF CONFLICTS
RULES FOR TORTS
HUMAN RELATIONS
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Exclude: Independent Civil Actions and prejudicial Thoughtless extravagance in expenses for
questions which will be covered by the pleasure or display during a period of acute public
examinations in Remedial Law want or emergency may be stopped by order of
the courts at the instance of any government or
private charitable institution.
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Art. 32. Any public officer or employee, or any In any of the cases referred to in this article,
private individual, who directly or indirectly whether or not the defendant's act or omission
obstructs, defeats, violates or in any manner constitutes a criminal offense, the aggrieved party
impedes or impairs any of the following rights and has a right to commence an entirely separate and
liberties of another person shall be liable to the distinct civil action for damages, and for other
latter for damages: relief. Such civil action shall proceed
(1) Freedom of religion; independently of any criminal prosecution (if the
(2) Freedom of speech; latter be instituted), and may be proved by a
(3) Freedom to write for the press or to maintain preponderance of evidence.
a periodical publication;
(4) Freedom from arbitrary or illegal detention; The indemnity shall include moral damages.
(5) Freedom of suffrage; Exemplary damages may also be adjudicated.
(6) The right against deprivation of property The responsibility herein set forth is not
without due process of law; demandable from a judge unless his act or
(7) The right to a just compensation when private omission constitutes a violation of the Penal Code
property is taken for public use; or other penal statute.
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, Art. 33. In cases of defamation, fraud, and
papers, and effects against unreasonable physical injuries, a civil action for damages,
searches and seizures; entirely separate and distinct from the criminal
action, may be brought by the injured party. Such
(10) The liberty of abode and of changing the
civil action shall proceed independently of the
same;
criminal prosecution, and shall require only a
(11) The privacy of communication and
preponderance of evidence.
correspondence;
(12) The right to become a member of
associations or societies for purposes not
contrary to law;
Art. 34. When a member of a city or municipal
(13) The right to take part in peaceable assembly
police force refuses or fails to render aid or
to petition the Government for redress of
protection to any person in case of danger to life
grievances;
or property, such peace officer shall be primarily
(14) The right to be free from involuntary liable for damages, and the city or municipality
servitude in any form;
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shall be subsidiarily responsible therefor. The civil motion, the court may require the plaintiff to file a
action herein recognized shall be independent of bond to indemnify the defendant in case the
any criminal proceedings, and a preponderance of complaint should be found to be malicious.
evidence shall suffice to support such action. If during the pendency of the civil action, an
information should be presented by the
prosecuting attorney, the civil action shall be
Rule 111, Sec. 2. Institution of separate civil suspended until the termination of the criminal
action. - Except in the cases provided for in proceedings.
Section 3 hereof, after the criminal action has
been commenced, the civil action which has been
reserved cannot be instituted until final judgment Art. 36. Prejudicial questions, which must be
has been rendered in the criminal action. decided before any criminal prosecution may be
instituted or may proceed, shall be governed by
(a) Whenever the offended party shall have rules of court which the Supreme Court shall
instituted the civil action (arising from the promulgate and which shall not be in conflict with
crime ) as provided for in the first paragraph the provisions of this Code.
of section 1 hereof before the filing of the
criminal action is subsequently commenced,
the pending civil action shall be suspended, in Rule 111, Sec. 5. Elements of prejudicial
whatever stage before final judgment it may question. - The two (2) essential elements of a
be found, until final judgment in the criminal prejudicial question are:
action has been rendered. However, if no final (a) the civil action involves an issue similar or
judgment has been rendered by the trial court intimately related to the issue raised in the
in the civil action, the same may be criminal action;
consolidated with the criminal action upon (b) the resolution of such issue determines
application with the court trying the criminal whether or not the criminal action may
action. If the application is granted, the proceed. (Rules of Court.)
evidence presented and admitted in the civil
action shall be deemed automatically
reproduced in the criminal action, without
prejudice to the admission of additional Rule 111, Sec. 6. Suspension by reason of
evidence that any party may wish to present. prejudicial question. - A petition for suspension
In case of consolidation, both the criminal and of the criminal action based upon the pendency of
the civil actions shall be tried and decided a prejudicial question in a civil action may be filed
jointly. in the office of the fiscal or the court conducting
the preliminary investigation. When the criminal
(b) Extinction of the penal action does not carry
action has been filed in court for trial, the petition
with it extinction of the civil, unless the
to suspend shall be filed in the same criminal
extinction proceeds from a declaration (need
action any time before the prosecution rests.
not be an express declaration- Baltic) in a
(ibid.)
final judgment that the fact from which the
civil might arise did not exist. (Rules of
Court.)
Bigamy - Art. 349, RPC. Contracting of second or
subsequent marriage:
a. before legal dissolution of first marriage
Art. 35. When a person, claimining to be injured b. before declaration of presumptive death of
by a criminal offense, charges another with the absent spouse.
same, for which no independent civil action is
granted in this Code or any special law, but the
justice of the peace finds no reasonable ground to
believe that a crime has been committed, or the
prosecuting attorney refuses or fails to institute
criminal proceedings, the complainant may bring
a civil action for damages against the alleged
offender. Such civil action may be supported by a
preponderance of evidence. Upon the defendant's
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LAW ON MARRIAGE
(Family Code)
B. DOMICILE and RESIDENCE A. Nature of MARRIAGE – is a special contract of
(Art. 50-51) permanent union between a man and a woman
entered into in accordance with the law for the
RESIDENCE DOMICILE establishment of conjugal and family life.
Used to indicate a Denotes a FIXED
◘ As stated, mere breach of promise to marry is
PLACE OF ABODE, PERMANENT
not an actionable wrong. But to formally se a
whether permanent or RESIDENCE, which
wedding and to go thru all the above-described
temporary when absent, one has
preparation and publicity, only to walk out of it
the intention of
when the matrimony is about to be solemnized, is
returning
quite different. This is palpably and unjustifiably
There can be several There can only be
contrary to good customs for which the defendant
places of residence ONE place of domicile
must be made answerable for damages in
accordance with Art. 21 of the New Civil Code
(Wassmer vs. Velez, 12 SCRA 648)
Elements of Domicile
a. Physical presence in a fixed place
b. Intention to remain permanently (animus REQUISITES OF VALID MARRIAGE
manendi) Kinds of Requisites
1.1 Essential Requisites (Art. 5)
Kinds of Domicile
a. Legal capacity of the contracting
1. Domicile of Origin – received by person at parties,
birth.
b. male and female; (age) and
2. Domicile of choice – the place freely
c. Consent freely given in the
chosen by a person sui juris.
d. presence of the solemnizing
3. Constructive Domicile – assigned o a child
officer. (consent)
by law at the time of his birth.
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1. He or she must be a military commander of a Art. 9. A marriage license shall be issued by the
unit; local civil registrar of the city or municipality
2. He or she must be a commissioned officer (his where either contracting party habitually resides,
rank should start from a second lieutenant, except in marriages where no license is required
ensign and above); in accordance with Chapter 2 of this Title. (58a)
3. A chaplain must be assigned to such unit;
4. The said chaplain must be absent at the time of
marriage;
5. The marriage must be one in ariculo mortis;
6. The contracting parties, whether members of Art. 11. Where a marriage license is required,
the armed forces or civilians, must be within each of the contracting parties shall file separately
the zone of military operation. a sworn application for such license with the
proper local civil registrar which shall specify the
E. Consul-General, Consul or Vice Consul following:
* They can solemnize marriage abroad only when (1) Full name of the contracting party;
the contracting parties are both Filipino citizens. (2) Place of birth;
* When the marriage, which in itself is a special (3) Age and date of birth;
type of contract, it to solemnized by the consul-
(4) Civil status;
general, consul or vice-consul abroad or,
specifically in his place of assignment, the (5) If previously married, how, when and where
solemnities established by Philippine laws shall be the previous marriage was dissolved or
observed in their execution (Article 17 of the Civil annulled;
Code) (6) Present residence and citizenship;
(7) Degree of relationship of the contracting
parties;
(8) Full name, residence and citizenship of the
F. Mayor father;
* Pursuant to the Local Government Code, (9) Full name, residence and citizenship of the
the mayor of a city or municipality, within mother; and
their exclusive jurisdiction, is now (10) Full name, residence and citizenship of the
empowered to solemnize a marriage. guardian or person having charge, in case the
contracting party has neither father nor
a) Exception – Art. 35 (2) mother and is under the age of twenty-one
Art. 35. The following marriages shall be void years.
from the beginning: The applicants, their parents or guardians shall
xxxx not be required to exhibit their residence
(2) Those solemnized by any person not legally certificates in any formality in connection with
authorized to perform marriages unless such the securing of the marriage license.
marriages were contracted with either or both
parties believing in good faith that the
solemnizing officer had the legal authority to do
so.
Art. 20. The license shall be valid in any part of
the Philippines for a period of one hundred twenty
days from the date of issue, and shall be deemed
automatically canceled at the expiration of the
8. License Required – Arts 3 (2), 9, 11, 20, said period if the contracting parties have not
26) made use of it. The expiry date shall be stamped
in bold characters on the face of every license
issued. (65a)
Art. 3. The formal requisites of marriage are:
(1) xxx;
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Art. 31. A marriage in articulo mortis between EXCLUDE: Duties of a Civil Registrar, Arts.
passengers or crew members may also be 12-19, 23-25
solemnized by a ship captain or by an airplane
pilot not only while the ship is at sea or the plane
is in flight, but also during stopovers at ports of
call.
B. Effect of Marriage celebrated abroad and
foreign divorce
◘ ARTICLE 26
Art. 32. A military commander of a unit, who is a General Rule: Where a marriage between a
commissioned officer, shall likewise have Filipino citizen and a foreigner is validly celebrated
authority to solemnize marriages in articulo and a divorce is thereafter validly obtained abroad
mortis between persons within the zone of by the alien spouse shall likewise have the
military operation, whether members of the capacity to remarry.
armed forces or civilians.
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* Psychological incapacity, to perform the and lack of support, and his preference to spend
essential marital obligations, must be present at more time with his band mates than his family,
the time of the marriage ceremony, but can be are not rooted on some debilitating psychological
manifested later on during the marriage. Such a condition but a mere refusal or unwillingness to
marriage cannot be cured by cohabitation assume the essential obligations of marriage.
considering that it is void and, therefore, (Perez-Ferrariz vs. Ferrariz, GR No. 162368, July
ratification cannot apply. 17, 2006, 495 SCRA 396)
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Exception: When the following conditions concur, Reappearance, unless the previous marriage has
the subsequent bigamous marriage shall be valid: been annulled or declared void ab initio.
a. Absence of other spouse must have been for
four consecutive years, or two yeas where * Declaration of nullity of marriage carries ipso
there was danger of death. facto, a judgment for the liquidation of property,
b. Well-founded belief of the present spouse that custody and support of children and others. There
absent spouse was already dead. is no need for filing a separate civil action for such
c. Judicial declaration of presumptive death. purposes.
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b. Children born of
Additional Requirements for Annulment or subsequent marriage
Declaration of Nullity (Art. 53)
1. Prosecuting attorney or fiscal should: As to how marriage may be impugned
a. Take steps to prevent collusion between a. May be attacked a. Cannot be attacked
the parties directly of collaterally collaterally, only
b. Take care that evidence is not fabricated or but for the purpose of directly, i.e. there
suppressed. remarriage, there must be a decree of
must be judicial annulment
2. The following must be accomplished: declaration of nullity
a. Partition and distribution of the properties b. Can no longer be
of the spouses b. Can still be impugned after death
b. Delivery of the children’s presumptive impugned even after of one of the parties
legitimes death of parties
c. Recording of the judgment of annulment or
absolute nullity
6.Presence of prosecutor, Art. 48
Drug Addiction as a Ground for Declaration
of Nullity of Marriage: Art. 48. In all cases of annulment or declaration
1. The drug addition must amount to of absolute nullity of marriage, the Court shall
psychological incapacity to comply with the order the prosecuting attorney or fiscal assigned
essential obligation of marriage; to it to appear on behalf of the State to take steps
2. It must be antecedent (existing at the time of to prevent collusion between the parties and to
marriage), grave and incurable; take care that evidence is not fabricated or
3. The case must be filed before August 1, 1998. suppressed.
VOID VOIDABLE
As to nature
Inexistent from the Valid until annulled
time of performance
As to susceptibility to ratification
Cannot be ratified Can be ratified either
be free cohabitation or
prescription
As to effect on property
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Art. 49. During the pendency of the action and in value of the properties already received under the
the absence of adequate provisions in a written decree of annulment or absolute nullity shall be
agreement between the spouses, the Court shall considered as advances on their legitime. (n)
provide for the support of the spouses and the
custody and support of their common children.
The Court shall give paramount consideration to
the moral and material welfare of said children
and their choice of the parent with whom they Art. 52. The judgment of annulment or of
wish to remain as provided to in Title IX. It shall absolute nullity of the marriage, the partition and
also provide for appropriate visitation rights of the distribution of the properties of the spouses and
other parent. (n) the delivery of the children's presumptive
legitimes shall be recorded in the appropriate civil
registry and registries of property; otherwise, the
Effects of nullity, Arts. 50-54 same shall not affect third persons. (n)
Art. 50. The effects provided for by paragraphs Art. 53. Either of the former spouses may marry
(2), (3), (4) and (5) of Article 43 and by Article again after compliance with the requirements of
44 shall also apply in the proper cases to the immediately preceding Article; otherwise, the
marriages which are declared ab initio or annulled subsequent marriage shall be null and void.
by final judgment under Articles 40 and 45.
The final judgment in such cases shall provide Art. 54. Children conceived or born before the
for the liquidation, partition and distribution of judgment of annulment or absolute nullity of the
the properties of the spouses, the custody marriage under Article 36 has become final and
and support of the common children, and the executory shall be considered legitimate. Children
delivery of third presumptive legitimes, unless conceived or born of the subsequent marriage
such matters had been adjudicated in under Article 53 shall likewise be legitimate.
previous judicial proceedings.
All creditors of the spouses as well as of the
absolute community or the conjugal 7. Pendency of action (Art. 49)
partnership shall be notified of the
proceedings for liquidation.
In the partition, the conjugal dwelling and the 8. Effects of nullity (Arts. 50-54)
lot on which it is situated shall be adjudicated
in accordance with the provisions of Articles Exclude:
102 and 129. A.M. No. 02-11-10-SC, Rule on Declaration
of Absolute Nullity of Void Marriages and
Annulment of Voidable Marriages;
R.A. 6955, entitled “An Act to Declare
Unlawful the Practice of Matching Filipino
Art. 51. In said partition, the value of the Women for Marriage to Foreign Nationals on
presumptive legitimes of all common children, a Mail Order Basis and Other Similar
computed as of the date of the final judgment of Practices…”;
the trial court, shall be delivered in cash, property R.A. 9208 or the Anti-Trafficking in Persons
or sound securities, unless the parties, by mutual Act of 2003.
agreement judicially approved, had already
provided for such matters.
The children or their guardian or the trustee of
their property may ask for the enforcement of the II. Action for annulment
judgment.
The delivery of the presumptive legitimes herein Art. 47. The action for annulment of marriage
prescribed shall in no way prejudice the ultimate must be filed by the following persons and within
successional rights of the children accruing upon the periods indicated herein:
the death of either of both of the parents; but the
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(1) For causes mentioned in number 1 of Article Issue: WON it was proper?
45 by the party whose parent or guardian did
not give his or her consent, within five years Held: YES, Art. 88 and Art. 101 expresses a
after attaining the age of twenty-one, or by prohibition of the aforesaid laws and rules is
the parent or guardian or person having legal predicated on the fat that the institutions of
charge of the minor, at any time before such marriage and of the family are sacred and
party has reached the age of twenty-one; therefore are as much the concern of the state as
of the spouses; because the state and public have
(2) For causes mentioned in number 2 of Article vital interest in the maintenance and the
45, by the same spouse, who had no preservation of these social institutions against
knowledge of the other's insanity; or by any desecration by collusion between the parties or by
relative or guardian or person having legal fabricating evidence. It stresses the fact that the
charge of the insane, at any time before the marriage is more than a mere contract between
death of either party, or by the insane spouse the parties.
during a lucid interval or after regaining
sanity;
Jocson v. Robles
(3) For causes mentioned in number 3 of Article The court found indications of collusion between
45, by the injured party, within five years the parties in their attempt to secure the
after the discovery of the fraud; nullification of the said marriage. The court
correctly denied the motion for summary
judgment based on the first paragraph of Art. 88
(4) For causes mentioned in number 4 of Article
and 101 of the Civil code of the Philippines.
45, by the injured party, within five years
from the time the force, intimidation or undue
influence disappeared or ceased;
III. Effects of Annulment
(5) For causes mentioned in number 5 and 6 of
Article 45, by the injured party, within five
Art. 50. The effects provided for by paragraphs
years after the marriage. (87a)
(2), (3), (4) and (5) of Article 43 and by Article
44 shall also apply in the proper cases to
marriages which are declared ab initio or annulled
Art. 48. In all cases of annulment or declaration by final judgment under Articles 40 and 45.
of absolute nullity of marriage, the Court shall
order the prosecuting attorney or fiscal assigned
The final judgment in such cases shall provide for
to it to appear on behalf of the State to take
the liquidation, partition and distribution of the
steps to prevent collusion between the parties and properties of the spouses, the custody and
to take care that evidence is not fabricated or support of the common children, and the delivery
suppressed. of third presumptive legitimes, unless such
matters had been adjudicated in previous judicial
In the cases referred to in the preceding proceedings.
paragraph, no judgment shall be based upon a
stipulation of facts or confession of judgment. All creditors of the spouses as well as of the
(88a) absolute community or the conjugal partnership
shall be notified of the proceedings for liquidation.
Facts: Petitioner refused to submit himself for Art. 51. In said partition, the value of the
interrogation by the city fiscal which was the presumptive legitimes of all common children,
reason for the dismissal of the case for annulment computed as of the date of the final judgment of
of marriage. the trial court, shall be delivered in cash, property
or sound securities, unless the parties, by mutual
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agreement judicially approved, had already representation before said court from asserting
provided for such matters. his right over the alleged conjugal property.
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3. Connivance between the parties in the ◘ An agreement between the parties that they will
commission of the offense or the act not object to the other’s act of sexual infidelity,
constituting the ground for legal separation; adultery or concubinage has been declared as
4. Collusion between the parties to obtain the void, but, though void, is nevertheless an
decree of the legal separation; expression of their clear consent to the
commission of the sexual infidelity. (People vs.
5. Mutual guilt;
Schneckenburger, 73 Phil 413)
6. Prescription.
◘ The act of giving money to an erring wife and Effects of the Decree of Legal Separation:
the fact that no action was taken against her 1. Spouses entitled to live separately but the
before the courts of justice are sufficient to marriage bond shall not be severed.
establish forgiveness amounting to Condonation, 2. Liquidation of conjugal properties but share of
for Condonation is the forgiveness of the one of the offending spouse shall have no right to the
the married parties of an offense which he knows net profits, such will be forfeited according to
the other has committed against the other and, at Art. 43(2) of the Family Code. (Macadangdang
any rate, pardon or Condonation does not require vs. CA, 108 SCRA 314)
sexual intercourse and it may be express or 3. Custody of the minor children shall be awarded
implied (Almacen vs. Baltazar, 103 Phil 1147) to the innocent spouse subject to the
provisions of Art. 213 of the Code. (Tonog vs.
Recrimination or Equal Guilt – A Daguimol, GR No. 122906 Feb 7, 2002)
counterchange in a suit for divorce or legal 4. Disqualification of the offending spouse to
separation that the petitioner is also guilty of an inherit from the innocent spouse by intestate
offense constituting a ground for divorce of legal succession and the provisions in favor of the
separation. This is based on the maxim that a offending spouse made in the will of the
person must come to court with clean hands. innocent spouse shall be revoked by operation
of law.
5. Innocent spouse may revoked the donations
made by him/her in favor of the offending
spouse, as well as the designation of the latter
Consent as beneficiary in any insurance policy, even if
* There is consent when either of the spouses the designation be irrevocable.
agreed to or did not object, despite full
knowledge, to the act, giving rise to a ground for
legal separation, before such act was in fact
Drug Addiction as a Ground for Legal
committed.
Separation:
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DISTINCTIONS
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b. Insanity
i. By sane spouse or
guardian – before
death of either party
ii. Insane spouse –
during lucid interval,
after gaining sanity or
before the death of
either spouse
c. Fraud/force – within
5 years of discovery of
fraud or cessation of
cause
d. Impotence/STD –
within 5 years after the
marriage
Effect of Filing / In absence of or a. Spouses are entitled
Pending Decree inadequacy in a written to live separately from
agreement by spouses, each other
the court shall provide
for support of common b. The court, in the
children; it shall also absence of written
provide for appropriate agreement between
visitation rights spouses, shall
designate either of
them or a 3rd party to
administer the ACP or
CPG
c. Court shall provide
for support of the
spouses & custody &
support of common
children; it shall
provide for appropriate
visitation rights
Effect on Children Illegitimate, except Legitimate if conceived Legitimate
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b. Insanity – sane or
insane spouse,
guardian of insane
spouse
Held: Marriage was valid because lack of (4) Final judgment sentencing the respondent to
ecclesiastical authorization from the parish priest imprisonment of more than six years, even if
by Canon Law, is irrelevant to our civil law. pardoned;
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(1) Where the aggrieved party has condoned the Contreras V. Macaraig
offense or act complained of; Issue: When did knowledge of the ground occur as
(2) Where the aggrieved party has consented to basis for the prescription period to start tolling?
the commission of the offense or act The time the wife heard via hearsay the infidelity
complained of; or the time when the husband admitted to her that
he was living with and would no longer leave his
concubine?
(3) Where there is connivance between the parties
in the commission of the offense or act Held: The latter case. The first time, the wife was
constituting the ground for legal separation; hurt but it was merely hearsay. The only time she
was cognizant of the infidelity of her husband was
in the early part of Dec. 1963 only when defendant
(4) Where both parties have given ground for legal
informed the wife he could no longer leave Lily Ann
separation;
and refused to return to the legitimate family.
II. Limitation of Action Art. 59. No legal separation may be decreed unless
the Court has taken steps toward the reconciliation
Art. 57. An action for legal separation shall be filed of the spouses and is fully satisfied, despite such
within five years from the time of the occurrence of efforts, that reconciliation is highly improbable. (n)
the cause.
Art. 60. No decree of legal separation shall be
People V. Sensano based upon a stipulation of facts or a confession of
The husband showed that he consented to the judgment.
adulterous relations existing between the accused Ramos V. Vamenta
and therefore is not authorized by law to institute The 6 month period stated in Art. 103 of the Civil
the criminal proceeding. We cannot accept the Code that bars the proceedings for legal separation
argument that it was impossible for the husband to does not bar the ancillary writ for preliminary
take any action against the accused during the injunction.
whole 7 years. (The husband abandoned his wife
and child and during such time she met another
Araneta V. Concepcion
man and he took her and her child to live with
him.) Evidence can still be presented and trial be had on
the question of support pendente lite and custody
for children notwithstanding that 6 months have
Bugayong V. Ginez
not yet elapsed since the filing of the case for legal
The fact that the husband slept with his wife separation.
convinces us that there was reconciliation between
them. A single voluntary by the innocent spouse
I. Rights and obligations of the parties
after discovery of the offense is ordinarily sufficient
to constitute condonation, especially as against the
Art. 61. After the filing of the petition for legal
husband.
separation, the spouses shall be entitled to live
separately from each other.
Matubis v. Praxedes
The complaint for legal separation was filed outside
The court, in the absence of a written agreement
the period provided under Art. 102 of the NCC.
between the spouses, shall designate either of
(one year) By the very admission of the plaintiff,
them or a third person to administer the absolute
she found out of the ground (concubinage) was in
community or conjugal partnership property. The
January 1955 and filed a complaint only on April
administrator appointed by the court shall have the
24, 1956.
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same powers and duties as those of a guardian (1) The spouses shall be entitled to live separately
under the Rules of Court. (104a) from each other, but the marriage bonds shall
not be severed;
Art. 62. During the pendency of the action for legal (2) The absolute community or the conjugal
separation, the provisions of Article 49 shall partnership shall be dissolved and liquidated but
likewise apply to the support of the spouses and the offending spouse shall have no right to any
the custody and support of the common children. share of the net profits earned by the absolute
community or the conjugal partnership, which
Reyes V. Ines-Luciano shall be forfeited in accordance with the
It is true the adultery is defense against support provisions of Article 43(2);
penedente lite but must be established by
competent evidence which the petitioner failed to (3) The custody of the minor children shall be
present any evidence. The complaint for legal awarded to the innocent spouse, subject to the
separation contains allegations showing that at provisions of Article 213 of this Code; and
least two occasion the defendant, petitioner, has
made attempts to kill private respondent. (4) The offending spouse shall be disqualified from
inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the
II. Effect of Death of a spouse offending spouse made in the will of the
innocent spouse shall be revoked by operation
Lapuz V. Eufemio Sy-uy of law. (106a)
Legal separation is purely personal and it follows
that the death of one party to the action causes
the death of the action relief-actio personalis
moritur cum persona. Art. 64. After the finality of the decree of legal
separation, the innocent spouse may revoke the
Other rights that are personal: donations made by him or by her in favor of the
1) Right to dissolution of the conjugal partnership offending spouse, as well as the designation of the
of gains or of (ACP); latter as beneficiary in any insurance policy, even if
2) Loss of the right of the offending party spouse such designation be stipulated as irrevocable. The
to share of the profits earned by the partnership revocation of the donations shall be recorded in
or community; the registries of property in the places where the
3) Disqualification to inherit by intestacy from the properties are located. Alienations, liens and
innocent spouse encumbrances registered in good faith before the
4) Revocation of testamentary provisions in favor recording of the complaint for revocation in the
of the offending spouse made by the innocent registries of property shall be respected. The
one. revocation of or change in the designation of the
insurance beneficiary shall take effect upon written
They are vested exclusively in the prsons of the notification thereof to the insured.
spouses and such claims and disabilities are The action to revoke the donation under this Article
difficult to concelive as assignable and must be brought within five years from the time
transmissible. the decree of legal separation become final. (107a)
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(1) The legal separation proceedings, if still proceeding for legal separation, with copies of both
pending, shall thereby be terminated at furnished to the creditors named therein. After due
whatever stage; and hearing, the court shall, in its order, take measure
(2) The final decree of legal separation shall be set to protect the interest of creditors and such order
aside, but the separation of property and any shall be recorded in the proper registries of
forfeiture of the share of the guilty spouse properties.
already effected shall subsist, unless the The recording of the ordering in the registries of
spouses agree to revive their former property property shall not prejudice any creditor not listed
regime. or not notified, unless the debtor-spouse has
sufficient separate properties to satisfy the
The court's order containing the foregoing shall be creditor's claim.
recorded in the proper civil registries. (108a)
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Support, Art. 70
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DONATIONS BY REASON OF
MARRIAGE
One-fifth Limitation
* If there is a marriage settlement providing for a
particular regime other than the absolute
community of property, such as the conjugal
partnership of gains or the separation of property
regime, and there is also a donation proper nuptias
not included in a marriage settlement but
contained in a separate deed, the “not more than
one-fifth” limitation will not apply. Instead, the
general rules on donations contained in Title III of
Book II of the Civil Code shall govern, providing
that:
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A. SYSTEM OF ABSOLUTE
COMMUNITY
The only exceptions to this rule are onerous and
remuneratory donations, insofar as they do not
exceed the value of the charge imposed, which are
General Rule: Community property shall consist
then governed by the rules on contracts, and those
of all property owned by the spouses at the time of
which are to take effect upon the donor’s death,
the marriage or acquired thereafter:
which are governed by the rules established for
testamentary succession.
Exceptions:
Marriage in DPN is rather a resolutory condition
1. Property acquired during the marriage by
which presupposes the existence of the obligation
gratuitous title by either spouse, its fruits and
which may be resolved or revoked, and it is not a
income, if any, unless it is expressly otherwise
condition necessary for the birth of the obligation.
provided by the donor, testator or grantor.
2. For personal and exclusive use, except jewelry;
3. Before the marriage by either spouse who has
Mateo V. Lagua
legitimate descendants by a former marriage
Before there could be any conclusion about the
including the fruits and income.
legal share due to a compulsory heir may be
Charges Upon and Obligations of Absolute 2. Debts and obligations, which must have been
Community Property and Conjugal Property contracted in any of the following cases: by
administrator, spouse, for the benefit of the
1. Support for family except for illegitimate family; by both spouses; one spouse with the
children of their spouses; consent of the other;
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3. Debts without marital consent, provided the the possibility for reconciliation is highly
family was benefited; improbable.
4. Value of what is donated or promised by both
spouses in favor of their common legitimate
children for education or self-improvement;
5. Ante-nuptial debts not falling under number 8 of
this enumeration; support of illegitimate
children of other spouse; and liabilities
incurred by the other spouse by reason of a Procedure for Liquidation of Absolute
crime or quasi-delict in case of insolvency of Community of Property
exclusive property of debtor spouse, payment
of which shall be advanced by the ACP subject 1. Inventory
to deduction from the share of the debtor ◘ It is error to determine the amount to be
spouse; divided by adding up the profits which has been
6. All taxes and expenses for mere preservation made on each year of the community’s
made during the marriage upon separate continuance and saying that the result thereof is
property of either spouses used by the family. that amount (De la Rama vs. De la Rama, 7 Phil
7. Expenses of litigation between spouses unless 754).
found to be groundless; ◘ In the appraisal of the properties, it is
8. Ante-nuptial debts of either spouse in so far as not the purchase price but the market price or, in
they have redounded to the benefit of the default, the assessed value at the time of the
family; liquidation that must be taken into account (Prado
9. All taxes, liens, charges and expenses, including vs. Natividad, 47 Phil 775)
major or minor repairs upon community or
conjugal property; 2. Payment of Debts
10. Expenses for education or self-improvement of * After the inventory, all debts for which the
either spouse. absolute community property is liable must be
paid.
* If CP is insufficient to cover liabilities, spouses * In case of insufficiency of the absolute
shall be solidarily liable for unpaid balance with community property and/or obligations of the
their separate properties. same for which the separate properties were made
solidary liable for the unpaid balance with their
separate properties.
* Gambler-spouse bears losses, but the winnings
shall go to the ACP. 3. Delivery of Exclusive Properties
* After payment of the advances made by the
absolute community property and/or the
Grounds for Dissolution of Absolute obligations of the same for which the separate
Community/Conjugal Partnership properties were made solidary liable, the next step
is to deliver whatever remains of the exclusive
1. Decree of legal separation; properties of the spouses to each of them.
2. Annulment;
4. Partition of Net Assets
3. Declaration of nullity of marriage;
* The interest of the parties is limited to the net
4. Death of either spouse;
assets or net remainder.
5. Judicial Separation of property on the ground * Equal sharing will not apply if there is a different
of: proportion of division agreed upon in the marriage
a) Civil interdiction; settlement, or unless there has been a voluntary
b) Declared absentee; waiver of such share as provided for by the law.
c) Loss of parental authority; ◘ Until a liquidation has been made, it is impossible
to say whether or not there will be a net remainder
d) Abandonment and failure to comply with
to be divided between the parties (Nable Jose vs.
the obligations to the family;
Nable Jose, 41 Phil 713)
e) Abuse of power of administration;
f) At the time of the petition, spouses are 5. Delivery of the Presumptive Legitime
separated in fact for at least 1 year and * The presumptive legitime is delivered only after
the finality of a judicial decree of annulment on
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grounds provided in Art. 45 or of nullity of a * Property bought on installments paid partly from
subsequent void marriage under Art. 40 in relation exclusive funds of the spouses and partly from
to Arts. 52 and 53. conjugal funds:
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Not formed It is formed for profit. presupposes a valid civil marriage, not a bigamous
particularly to profit. marriage or a common-law relationship. The
Profits are divided Profits are divided presumption that properties acquired during the
equally. according to previous marriage are conjugal properties is inapplicable
agreement; if there is because at the time he acquired the properties, he
no previous decedent was married to four women. If they were
agreement, in indeed conjugal properties they should have been
proportion to the registered in he names of both petitioner and the
amount contributed. decedent. (Malang vs. Moson, 338 SCRA 393)
There are few grounds There are many
for dissolution. grounds for Revival of Conjugal Partnership of Gains
dissolution. 1. Civil interdiction terminates;
There will be no There may be division 2. Spouse who has left conjugal home resumes
liquidation or giving of of profits even without common life with the other;
profits till after dissolution. 3. Absentee spouse reappears;
dissolution. 4. Court satisfied that guilty spouse would not
again abuse power of administration;
Wong vs. Intermediate Appellate Court 5. Parental authority judicially restored;
6. Spouses who have separated in fact for at after
200 SCRA 792
voluntary dissolution of ACP or CPG, spouses
agree to revive former regime.
Facts: Romarico and Katrina are married. They
have three children but they have been living
separately from each other most of the time.
During the marriage, Romarico acquired a parcel of
land. While in Hong Kong, Katrina entered into a C. REGIME OF SEPARATION
contract with Anita Wong, whereby she consigned
to her pieces of jewelry. Anita demanded payment OF PROPERTY
where Katrina issued a check that bounced. She
was sued criminally and judgment was rendered
against her. The lot was levied upon and sold at Spouses retain the ownership,
public auction. management and control of their properties before
Issues: Whether the property is conjugal or not; the marriage and those acquired after the
whether the property is liable for the indebtedness marriage (includes earnings and fruits)
of Katrina.
Ruling: Having been acquired during the marriage,
the property is presumed to belong to the conjugal Grounds for Judicial Separation of Property
partnership even though they have been living
separately. 1. Sentenced with a penalty which carries with it
The property is not liable for her civil interdiction;
indebtedness. The conjugal nature of the 2. Loss of parental authority as decreed by the
properties notwithstanding Katrina’s indebtedness court;
may not be paid for with her obligation not having
3. Judicially declared an absentee;
been shown by petitioners to be one of the charges
4. Abandonment by the petitioner’s spouse and
against the conjugal partnership. In addition, to
failure to comply with the obligations to the
the fact that her rights over the properties are
family;
merely inchoate prior to the liquidation of the
conjugal partnership, the consent of her husband 5. Abuse of power of administration granted in
and her authority to incur such indebtedness had marriage settlement; and
not been alleged in the complaint and proven at 6. Separated in fact for at least one year and the
trial. It cannot be even said that such loan was possibility for reconciliation is highly
necessary for the support of the family. improbable.
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Share of Parties in Property Facts: Antonio Valdes and Consuelo Gomez were
1. Wages and salaries are owned in equal shares. married. Begotten during the marriage were five
2. De Facto Co-ownership – With respect to children. Valdes sought the declaration of nullity of
property acquired by both through work and the marriage pursuant to Art. 36 of the Family
industry, rules on co-ownership shall apply. Code. The trial court granted the petition.
3. Care and maintenance of the family and Consuelo sought a clarification of that portion of
household are deemed to be joined and equal. the decision directing compliance with Arts. 50, 51,
4. Parties cannot encumber or dispose by acts inter and 52 of the Family Code. She alleged that the
vivos their share in the property acquired during Family Code contained no provisions on the
their cohabitation and owned in common, procedure for the liquidation of the common
without consent of the other, until after property in “unions without marriage.”
termination of cohabitation. Petitioner moved for a reconsideration of the order.
5. In cases of void marriages, if only one party is He alleges that Art. 147 does not apply to cases
in good faith, the share of the spouse who is in where the parties are psychologically
bad faith shall be forfeited: incapacitated.
a) In favor of their common children; Issue: What article between 147 & 148 shall
b) In case of default of or waiver by any or all apply?
of the common children of their descendants,
each vacant share shall belong to the Ruling: Art. 147 shall apply in this case. Property
respective surviving descendants. acquired by both spouses through their work and
c) In the absence of such descendants, such industry shall be governed by the rules on equal
share belongs to the innocent party. co-ownership. A party who did not participate in
the acquisition of the property shall still be
considered as having contributed thereto jointly if
Unions Governed by Art. 148 said party’s efforts consisted in the care and
1. Bigamous marriages maintenance of the family household.”
2. Adulterous relationship
3. Relationships in a state of concubinage
4. Relationships where both man and woman are ART. 147 ART. 148
married to other persons. Applicability
5. Multiple alliances of the same married man 1. Without legal 1. With legal
impediment to marry. impediment to marry.
2. Void marriages due 2. Adulterous
NOTES: to absence of formal relationships
* Only properties acquired by the parties through requisite 3. Bigamous or
their actual joint contribution of money, polygamous marriages
property or industry shall be owned in common 4. Incestuous void
in proportion to their respective contributions. marriages under Art.
* In the absence of proof to the contrary 37
contributions and the share to the parties to
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funds would lie. 3.2nd & 3rd payments by loans Facts: Husband entered into a contract of lease
guaranteed by mortgage: since they were made to and conditional sale with Philamlife over a house
both spouses as joint borrowers, loan thus became and lot. He was married at that time and when the
obligations of conjugal partnership & loan money wife died, he married another woman. During the
became part of conjugal property. Securing subsistence of the second marriage, the lease
mortgage on wife’s paraphernal prop is mere amounts having been paid, Philamlife executed a
accessory oblig w/c lenders can waive if they wish deed of absolute sale to the husband and the latter
to do so w/o affecting principal debt owed by donated to herein petitioners all his rights, title and
conjugal partnership & w/c creditors can enforce interest over the lot and bungalow before he died.
against latter if they so desire. The second wife claimed that the land belonged to
the conjugal partnership.
If money borrowed by husband upon credit of Held: The conditional sale agreement in said
wife’s prop became CP & when reinvested in contract is, therefore, also in the nature of contract
construction of house, such became CP & was to sellm as contradistinguished from contract of
liable for husband’s debt (Palanca v. Smith Bell & sale. The former case, ownership is not transferred
Co.) then all the more that a loan obtained by both upon delivery of the property but upon full
spouses should be conjugal. Court likewise ruled in payment of the purchase price. The property
Lim Queco vs. Cartagena that when wife borrows belonged to the conjugal partnership of the second
money guaranteed w/mortgage on her paraphernal marriage. But since it pertained to the second wife,
prop, money loaned & property acquired w/such she is still liable to pay the corresponding
will still be her exclusive prop even if husband reimbursements to the petitioners who helped pay
consented to such. Reason is that she is not the the amortization of the house and lot. Remember
qualified administrator of CP. Creditor can only 118 of the FCP on the property bought on
demand repayment from her & her properties. installments, whre ownership vested during the
Palanca ruling applies, thus, property is partly marriage, such shall belong to the conjugal
paraphernal by virtue of first payment & partly partnership.
conjugal by virtue of 2nd & 3rd payments. It
belongs to both patrimonies – 1/6 paraphernal +
5/6 CP of Castillo & Pasco. 4.If Pasco paid
mortgages with her private funds, her share is not
increased. Instead, common funds can repay the
Vitug v. Montemayor
amount she has advanced.
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Issue:
WON the property was conjugal; and Calimlim-Canullas v. Fortun
WON the construction of the house on the
exclusive property of one of the spouses at the Facts: Husband abandoned his family and was
expense of the common fund makes it convicted for concubinage. In 1980 he sold the
automatically conjugal. land he inherited from his deceased father during
the marriage to his concubine. The concubine
Held: Both issues, NO. initiated a complaint to quiet title and damages
against the legal wife.
The presumption of conjugality under Art. 160 of
the civil code refers to property acquired during
the marriage. But in the instant case, there is no Held: The alienation of the property without the
showing as to when the property in question was consent of the legal wife was not valid because the
acquired and hence the fact that the tile is in the contract of sale was null and void for being
wife’s name alone is determinative. Furthermore, contrary to morals and public policy. (Art. 1409 of
appellant said that the property was paraphernal. the NCC)
The construction of a house at conjugal expense on Both the land and the building belong to the
the exclusive property of one of the spouses does conjugal partnership but the conjugal partnership
not automatically make it conjugal. The ownership is indebted to the husband for the
of the land remains the same until the value value of the land and so the husband is entitled for
thereof is paid, and this payment can only be reimbursement at the time of the liquidation of the
demanded in the liquidation of the partnership. conjugal partnership.
There is no
Luzon surety V. De Garcua
showing that there was already liquidation and so Conjugal partnership is only liable for such debts
the property being separate property cannot be and obligations contracted by the husband for the
made to answer for the liability of the other benefit of the conjugal partnership, There is none
defendant. in this case. This particular codal provision in
question rightfully emphasized the responsibility of
Dominado v. Darayunan the husband as administrator. He is supposed o
conserve and, if possible, augment the funds for
conjugal partnership, not dissipate them. If out of
Held: Par 2 of Art. 1404 of the Civil code provides
friendship and misplaced generosity on his part the
that building constructed during the marriage, on
conjugal partnership would be saddled with
land belonging to one of the spouses, are conjugal
financial burden, then the family stands to suffer.
property, but the owner shall be entitled to credit
of the value of th land. The exception, however, is
limited to buildings and does not apply to crops Cobb-perez v. Lantin
and other improvements, with respect to which the
general rule applies. Expenses incurred in making In the NCC, Art. 160, the party who invokes this
such crops and improvements are conjugal presumption must first prove that the property in
expenses, for which the conjugal partnership must controversy was acquired during the marriage. In
be reimbursed. the case at bar, there is no evidence as to when
the shares of stocks were acquired, the fact that
they are registered in the name of the husband
Caltex V. Felias alone is an indication that the shares belong
exclusively to the said spouse.
Held: A lot belonging to the parents and later
donated by them to their daughter belonged to the Ayala V. CA
parphernal property and the building constructed
thereon before the donation follows the rule FACTS:
accessory follows the principal. The donation Philippine Blooming Mills (PBM) obtained
transmitted to her the rights of a landowner over P50,300,000.00 loan from petitioner Ayala
the building constructed on it. As such the lot and Investment and Development Corporation (AIDC).
the building are not answerable for the obligations Respondent Alfredo Ching, EVP of PBM, executed
of her husband. security agreements on December 1980 and March
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1981 making him jointly and severally answerable made liable for the surety agreement which was
with PBM’s indebtedness to AIDC. PBM failed to clearly for the benefit of PBM.
pay the loan hence filing of complaint against PBM
and Ching. The RTC rendered judgment ordering The court did not support the contention of the
PBM and Ching to jointly and severally pay AIDC petitioner that a benefit for the family may have
the principal amount with interests. Pending the resulted when the guarantee was in favor
appeal of the judgment, RTC issued writ of of Ching’s employment (prolonged tenure,
execution. Thereafter, Magsajo, appointed deputy appreciation of shares of stocks, prestige
sheriff, caused the issuance and service upon enhanced) since the benefits contemplated in Art.
respondent spouses of the notice of sheriff sale on 161 of the Civil Code must be one directly resulting
3 of their conjugal properties on May 1982. from the loan. It must not be a mere by product
Respondent spouses or a spin off of the loan itself.
filed injunction against petitioners on the ground
that subject loan did not redound to the benefit of
the said conjugal partnership. CA issued a TRP
enjoining lower court from enforcing its order Charges upon the Conjugal Partnership
paving way for the scheduled auction sale of (ART.122 [2])
respondent spouses conjugal properties. A
certificate of sale was issued to AIDC, being the
Carlos v. Abelardo
only bidder and was registered on July 1982.
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solidarily liable for the unpaid balance with their RTC decision was a definite disposition of the
separate properties. complaint for support but none of that for the
Defendant-husband cannot allege as a defense judicial separation of conjugal property. Jose
that the amount of US $25,000.00 was received as elevated the decision to CA which affirmed rulings
his share in the income or profits of the of the trial court. The complaint on the separation
corporation and not as a loan. Firstly, defendant- of property was dismissed for lack of cause of
husband does not appear to be a stockholder nor action on the ground that separation by agreement
an employee nor an agent of the corporation, H. L. was not covered in Art. 178 of the Civil Code.
Carlos Construction, Inc. Since he is not a Prima contested that the agreement between her
stockholder, he has no right to participate in the and Jose was for her to temporarily live with her
income or profits thereof. In the same manner that parents during the initial period of her pregnancy
as he is not an employee nor an agent of H. L. and for him to visit and support her. They never
Carlos Construction, Inc., he has no right to agreed to be separated permanently. She even
receive any salary or commission therefrom. returned to him but the latter refused to accept
Secondly, the amount advanced for the purchase her.
of the house and lot came from the personal
account of the plaintiff. If, indeed, it was to be ISSUE: WON there is abandonment on the part of
construed as defendant-husband’s share in the Jose Jo to warrant judicial separation of conjugal
profits of the corporation, the checks should come property.
from the corporation’s account and not from the
plaintiff’s personal account, considering that the HELD:
corporation has a personality separate and distinct
from that of its stockholders and officers.
SC is in the position that respondent court should
have made the necessary modification instead of
Garcia V. Manzano dismissing the case filed. For abandonment to
exist, there must be an absolute cessation of
The Lower court did not err in dismissing the marital relations, duties and rights, with the
complaint on the ground that the complaint does intention of perpetual separation. The fact that Jo
not warrant for a separation of property. Both the did not accept her demonstrates that he had no
old and new civil code require the separation of intention of resuming their conjugal relationship.
property shall not prevail unless expressly From 1968 until 1988, Jose refused to provide
stipulated in marriage settlements before the union financial support to Prima. Hence, the physical
is solemnized or by formal decree during the separation of the parties, coupled with the refusal
existence of the marriage and in the latter case, it by the private respondent to give support to the
may only be ordered by the court for causes petitioner, sufficed to constitute abandonment as a
specified in Art. 191 of the NCC. Such article must ground for the judicial separation of their conjugal
be limitative, in view of the Code’s restrictive property.
policy. Wherefore, the petition was granted and in favor
The remedy of the aggrieved spouse in case of the of the petitioner and that the court ordered the
maladministration of the other spouse is to revoke conjugal property of the spouses be divided
the power granted the other and resume the between them, share and share alike. The division
administration of the community property and to will be implemented after the determination of all
conduct the affairs of the conjugal partnership. the properties pertaining to the said conjugal
partnership including those that may have been
Partosa-Jo vs CA illegally registered in the name of the persons.
GR 82606, December 18, 1992
Lacson V. Jose-Lacson
FACTS:
The petitioner, Prima Partosa-Jo, is the legal wife We hold that the compromise agreement and the
of Jose Jo, herein private respondent. The latter judgment of the CFI grounded on the said
admitted to have cohabited with 3 agreement are valid with respect to the separation
women and fathered 15 children. Prima filed a of property of the spouses and the dissolution of
complaint against the husband for judicial the conjugal partnership.
separation of conjugal property in addition to an
earlier action for support which was consolidated.
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The law allows separation of property of the imprisonment and the (relative) divorce decree will
spouses and the dissolution of their conjugal ordinarily be sufficient punishment for her.
partnership provided judicial sanction is secured Moreover, her moral dereliction will not have any
beforehand. Thus the new Civil Code provides: effect upon the baby who is as yet unable to
understand the situation." (Report of the Code
In the absence of an express declaration in the Commission, p. 12).
marriage settlements, the separation of property
between spouses during the marriage shall not The use of the word shall2 in article 363 of the
take place save in virtue of a judicial order. (Art. Civil Code, coupled with the observations made by
190, emphasis supplied) the Code Commission in respect to the said legal
provision, underscores its mandatory character. It
The husband and the wife may agree upon the prohibits in no uncertain: terms the separation of a
dissolution of the conjugal partnership during the mother and her child below seven years, unless
marriage, subject to judicial approval. All the such separation is grounded upon compelling
creditors of the husband and of the wife, as well as reasons as determined by a court.
of the conjugal partnership, shall be notified of any
petition for judicial approval of the voluntary
dissolution of the conjugal partnership, so that any Yaptinchay v. Torres
such creditors may appear at the hearing to
safeguard his interests. Upon approval of the The common-law husband was already
petition for dissolution of the conjugal partnership, married and the common-law wife alleges that
the court shall take such measures as may protect the house in question was common property
the creditors and other third persons. (Art. 191, between them.
par. 4, emphasis supplied).
Held: She did not prove her actual
contribution of the house. She must prove her
In the case at bar, the spouses obtained judicial
contribution to prove the house was common
imprimatur of their separation of property and the
property. The presumption does not lie in her
dissolution of their conjugal partnership. It does
case.
not appeal that they have creditors who will be
prejudiced by the said arrangements.
However, in so approving the regime of separation
of property of the spouses and the dissolution of
their conjugal partnership, this Court does not
thereby accord recognition to nor legalize the de Maxey v. CA
facto separation of the spouses.
however, that the CFI erred in depriving the (This was a case of Common-law marriage because
mother, the respondent spouse, of the custody of the military style marriage of the spouses were not
the two older children (both then below the age of recognized. There was no legal impediment for
7). them to marry. The issue was WON The properties
in question were eXCLUSIVE PROPERTIES OF THE
The Civil Code specifically commands in the second LATE MELBOURNE MAXEY, TO THE EXCLUSION OF
sentence of its article 363 that "No mother shall be HIS WIFE REGINA MORALES, BECAUSE THE
separated from her child under seven years of age, MENTIONED PROPERTIES WERE ACTUALLY
unless the court finds compelling reasons for such ACQUIRED BY THE JOINT EFFORTS AND INDUSTRY
measure." The rationale of this new provision was OF BOTH OF THEM AND THEREFORE, THESE
explained by the Code Commission thus: PROPERTIES ARE COMMON PROPERTIES)
The general rule is recommended in order to avoid The provisions of the Civil Code are premised on
many a tragedy where a mother has seen her baby the traditional and existing, the normal and
torn away from her. No man can sound the deep customary gender roles of Filipino men and
sorrows of a mother who is deprived of her child of women. No matter how large the income of a
tender age. The exception allowed by the rule has working wife compared to that of her husband, the
to be for "compelling reasons" for the good of the major, if not the full responsibility of running the
child: those cases must indeed be rare, if the household remains with the woman. She is the
mother's heart is not to be unduly hurt. If she has administrator of the household. The fact that the
erred, as in cases of adultery, the penalty of two involved in this case were not legally married
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at the time does not change the nature of their obtained through their joint efforts. A party who
respective roles. It is the woman who traditionally did not participate in the acquisition of the
holds the family purse even if she does not property shall be considered as having contributed
contribute to filling that purse with funds. As thereto jointly if said party’s efforts consisted in
pointed out by Dean Irene R. Cortes of the the care and maintenance of the family.
University of the Philippines, "in the Filipino family,
the wife holds the purse, husbands hand over their Carino v. Carino
pay checks and get an allowance in return and the
wife manages the affairs of the household. . . . And In 1969 SPO4 Santiago Carino married Susan
the famous statement attributed to Governor Nicdao Carino. He had 2 children with her. In
General Leonard Wood is repeated: In the 1992, SPO4 contracted a second marriage, this
Philippines, the best man is the woman." (Cortes, time with Susan Yee Carino. In 1988, prior to his
"Womens Rights Under the New Constitution". second marriage, SPO4 is already bedridden and
WOMAN AND THE LAW, U.P. Law Center, p. 10.) he was under the care of Yee. In 1992, he died 13
days after his marriage with Yee. Thereafter, the
The "real contribution" to the acquisition of spouses went on to claim the benefits of SPO4.
property mentioned in Yaptinchay vs. Torres (28 Nicdao was able to claim a total of P140,000.00
SCRA 489) must include not only the earnings of a while Yee was able to collect a total of P21,000.00.
woman from a profession, occupation, or business In 1993, Yee filed an action for collection of sum of
but also her contribution to the family's material money against Nicdao. She wanted to have half of
and spiritual goods through caring for the children, the P140k. Yee admitted that her marriage with
administering the household, husbanding scarce SPO4 was solemnized during the subsistence of
resources, freeing her husband from household the marriage b/n SPO4 and Nicdao but the said
tasks, and otherwise performing the traditional marriage between Nicdao and SPO4 is null and
duties of a housewife. void due to the absence of a valid marriage license
as certified by the local civil registrar. Yee also
Valdes vs. RTC claimed that she only found out about the previous
260 SCRA 221 marriage on SPO4’s funeral.
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3. He has reasonable ground to believe that the ISSUE: Whether or not the property in dispute is
family home is worth more than the maximum deemed to be a family home.
amount fixed in Art. 157.
HELD:The contention of petitioner that it should be
considered a family home from the time it was
EXCLUDE: Arts. 157, 161 and 162 occupied by petitioner and his family in 1969 is not
well- taken. Under Article 162 of the Family Code,
Case: it is provided that "the provisions of this Chapter
shall also govern existing family residences insofar
MODEQUILLO VS. BREVA as said provisions are applicable." It does not
mean that Articles 152 and 153 of said Code have
FACTS: On July 7, 1988, the sheriff levied on a a retroactive effect such that all existing family
parcel of residential land located at Poblacion residences are deemed to have been constituted as
Malalag, Davao del Sur containing an area of 600 family homes at the time of their occupation prior
square meters with a market value of P34,550.00 to the effectivity of the Family Code and are
and assessed value of P7,570.00 per Tax exempt from execution for the payment of
Declaration No. 87008-01359, registered in the obligations incurred before the effectivity of the
name of Jose Modequillo in the office of the Family Code. Article 162 simply means that all
Provincial Assessor of Davao del Sur; and a parcel existing family residences at the time of the
of agricultural land located at Dalagbong Bulacan, effectivity of the Family Code, are considered
Malalag, Davao del Sur containing an area of 3 family homes and are prospectively entitled to the
hectares with a market value of P24,130.00 and benefits accorded to a family home under the
assessed value of P9,650.00 per Tax Declaration Family Code. Article 162 does not state that the
No. 87-08-01848 registered in the name of Jose provisions of Chapter 2, Title V have a retroactive
Modequillo in the office of the Provincial Assessor effect. Is the family home of petitioner exempt
of Davao del Sur. A motion to quash and/or to set from execution of the money judgment aforecited?
aside levy of execution was filed by defendant Jose No. The debt or liability which was the basis of the
Modequillo alleging therein that the residential land judgment arose or was incurred at the time of the
located at Poblacion Malalag is where the family vehicular accident on March 16, 1976 and the
home is built since 1969 prior to the money judgment arising therefrom was rendered
commencement of this case and as such is exempt by the appellate court on January 29, 1988. Both
from execution, forced sale or attachment under preceded the effectivity of the Family Code on
Articles 152 and 153 of the Family Code except for August 3, 1988. This case does not fall under the
liabilities mentioned in Article 155 thereof, and that exemptions from execution provided in the Family
the judgment debt sought to be enforced against Code. As to the agricultural land subject of the
the family home of defendant is not one of those execution, the trial court correctly ruled that the
enumerated under Article 155 of the Family Code. levy to be made by the sheriff shall be on
As to the agricultural land although it is declared in whatever rights the petitioner may have on the
the name of defendant it is alleged to be still part land.
of the public land and the transfer in his favor by
the original possessor and applicant who was a Petition is DISMISSED for lack of merit.
member of a cultural minority was not approved by
the proper government agency. An opposition
thereto was filed by the plaintiffs. In the present
case, the residential house and lot of petitioner
was not constituted as a family home whether
judicially or extrajudicially under the Civil Code. It
became a family home by operation of law only VII. PATERNITY AND
under
Article 153 of the Family Code. It is deemed FILIATION
constituted as a family home upon the effectivity
of the Family Code on August 3, 1988 not August
4, one year after its publication in the Manila A. Legitimate children (Arts. 163-171)
Chronicle on August 4, 1987 (1988 being a leap B. Proof of filiation (Arts. 172-174)
year). C. Illegitimate children (Art. 175 and Art. 176 as
amended by R.A. 9255 allowing illegitimate
children to use the surname of their father)
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4. The written instrument is recorded in civil 1. One year, from knowledge of borth recording in
registry together with the birth certificate of the civil register, if husband or heirs lives in the
the child. same city/municipality.
2. Two years, if residing in the Philippines.
3. Three years, if abroad.
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2. Admission of
legitimate filiation in a
public document or
private handwritten
instrument and signed
by parent concerned.
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* Secondary
1. Open and continuous
possession of the status
of a legitimate child.
To establish status * May be brought by a * In the same way and *Acknowledgment not
child during his or her on the same evidence needed: marriage of
lifetime and should be as a legitimate child. parents enough.
transmitted to the heirs
id the child dies during * Same period, except * If parents who
minority or in a state of if action is based on contract marriage do
insanity. Art. 172, par. 2 it must not accept child as their
be filed within the child must prove
* Heirs shall have 5 lifetime of the alleged filiation by the means
years within which to parent. provided in Arts. 172,
institute the action. 173, 175.
Ground for 1. Physical impossibility 1. Subsequent
Impugning of husband to have marriage of parents
sexual intercourse with void.
his wife within first 120
days of the 300 days 2. Child really not a
immediately preceding child of the parents.
birth.
3. Child legitimated is
2. Biological and not a natural child.
scientific reason.
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or municipality.
* 3 years if husband is
abroad and birth is here
or recorded here, or vice
versa.
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the time, and such right can no longer be The Court dismissed the case for lack of merit.
prejudiced or impaired by the enactment of a new The mere registration of a child in his or her birth
law. certificate as the child of the supposed parents is
not a valid adoption. It does not confer upon the
Even assuming ex gratia argumenti that the child the status of an adopted child and her legal
provision of the Family Code in question is rights. Such act amounts to simulation of the
procedural in nature, the rule that a statutory child's birth or falsification of his or her birth
change in matters of procedure may affect pending certificate, which is a public document.
actions and proceedings, unless the language of
the act excludes them from its operation, is not so It is worthy to note that Vicente and brother of the
pervasive that it may be used to validate or deceased wife executed a Deed of Extra-Judicial
invalidate proceedings taken before it goes into Settlement of the Estate of the latter. In the
effective, since procedure must be governed by the notarized document, they stated that they were
law regulating it at the time the question of the sole heirs of the deceased because “she died
procedure arises especially where vested rights without descendants and ascendants”. In
may be prejudiced. Accordingly, Article 175 of the executing such deed, Vicente effectively repudiated
Family Code finds no proper application to the the Certificate of Live Birth of the petitioner where
instant case since it will ineluctably affect it appeared that the was the petitioner’s father.
adversely a right of private respondent and,
consequentially, of the mind child she represents, Rodriguez v. CA
both of which have been vested with the filing of
the complaint in court. The trial court is therefore, A mother cannot impugn the legitimacy of the
correct in applying the provisions of Article 285 of child.
the Civil Code and in holding that private Can a mother testify as to the legitimacy of the
respondent's cause of action has not yet child? That depends. Voluntarily, Generally, NO
prescribed. (Expn) Compulsory as to compel the father to
recognize the child (Ex. Rape)
Benitez v. CA
FACTS: We find that had the appellate court sanctioned the
trial court's disallowance of the testimony of
Spouses Vicente Benitez and Isabel Chipongian
plaintiff's mother, private respondent would have
were owners of various properties located in
been deprived of a speedy and adequate remedy
Laguna. Isabel died in 1982 while his husband
considering the importance of said testimony and
died in 1989. Vicente’s sister and nephew filed a
the erroneous resolution of the trial court.
complaint for the issuance of letters of
administration of Vicente’s estate in favor of the
On the merits of his petition, petitioner contended
nephew, herein private respondent. The
that Felicitas Agbulos Haber should not be allowed
petitioner, Marissa Benitez-Badua, was raised and
to reveal the name of the father of private
cared by the deceased spouses since childhood,
respondent because such revelation was prohibited
though not related to them by blood, nor legally
by Article 280 of the Civil Code of the Philippines.
adopted. The latter to prove that she is the only
Said Article provided:
legitimate child of the spouses submitted
documents such as her certificate of live birth
When the father or the mother makes the
where the spouses name were reflected as her
recognition separately, he or she shall not reveal
parents. She even testified that said spouses
he name of the person with whom he or she had
continuously treated her as their legitimate
the child; neither shall he or she state any
daughter. On the other hand, the relatives of
circumstance whereby the other party may be
Vicente declared that said spouses were unable to
identified.
physically procreate hence the petitioner cannot be
the biological child. Trial court decided in favor of
On the other hand, private respondent argued that
the petitioner as the legitimate daughter and sole
his mother should be allowed to testify on the
heir of the spouses.
identity of his father, pursuant to paragraph 4,
Article 283 of the Civil Code of the Philippines and
ISSUE: WON petitioner’s certificate of live birth will Section 30, Rule 130 of the Revised Rules of Court.
suffice to establish her legitimacy.
Article 283 of the Civil Code of the Philippines
HELD: provided:
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(3) When the child was conceived during the time Article 132 was found in Section I
when the mother cohabited with the supposed (Acknowledgment of Natural Children), Chapter IV
father; (Illegitimate Children), Title V (Paternity and
Filiation), Book First (Persons) of the Spanish Civil
(4) When the child has in his favor any evidence or Code of 1889.
proof that the defendant is his father.
The first article in said Section provided:
Section 30, Rule 130 of the Revised Rules of Court
provides: Art. 129 — A natural child may be acknowledged
by the father and mother jointly or by either of
Testimony generally confined to personal them alone.
knowledge; hearsay excluded. — A witness can
testify only to those facts which he knows of his The next article provided:
own knowledge, that is, which are derived from his
own perception, except as otherwise provided in Art. 130 — In case the acknowledgment is made
these rules. by only one of the parents, it shall be presumed
that the child is a natural one if the parent
Private respondent cannot invoke our decision in acknowledging it was, at the time of the
Navarro v. Bacalla, 15 SCRA 114 (1965). While we conception, legally competent to contract
ruled in Navarro that the testimony of the mother marriage.
of the plaintiff in said case, could be used to
establish his paternity, such testimony was The article immediately preceding Article 132
admitted during the trial without objection and the provided:
defendant accepted the finding of the trial court
that he was the father of the plaintiff. Art. 131 — The acknowledgment of a natural child
must be made in the record of birth, in a will, or in
In the case at bench, petitioner timely objected to some other public document.
the calling of the mother of private respondent to
the witness stand to name petitioner as the father Article 132 of the Spanish Civil Code provided:
of said respondent.
When the acknowledgment is made separately by
Likewise, in Navarro we clearly stated: the father or the mother, the name of the child's
other parent shall not be revealed by the parent
We are not ruling whether the mere testimony of acknowledging it, nor shall any circumstance be
the mother, without more, is sufficient to prove the mentioned by which such person might be
paternity of the child. Neither are we ruling on the recognized.
scope of Art. 280, New Civil Code which enjoins
the mother in making a separate and voluntary No public officer shall authenticate any document
recognition of a child from revealing the name of drawn in violation of this provision and should he
the father, specifically, as to whether the mother's do so notwithstanding this prohibition shall be
testimony identifying the father is admissible in an liable to a fine of from 125 to 500 pesetas, and the
action to compel recognition if and when a timely words containing such revelation shall be striken
objection to such oral evidence is interposed (at p. out.
117).
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Article 280 of the Civil Code of the Philippines was "any evidence or proof that the defendant is his
found in Section 1 (Recognition of Natural father."
Children), Chapter 4 (Illegitimate Children), Title
VIII (Paternity and Filiation) of said Code. The WHEREFORE, the Decision of the Court of Appeals
whole section was repealed by the Family Code. is AFFIRMED. The trial court is DIRECTED to
PROCEED with dispatch in the disposition of the
The first article of this section was Article 276 action for compulsory recognition.
which was a reproduction of Article 129 of the
Spanish Civil Code. The second article was Article
277 which was a reproduction of Article 130 of the RULE ON ADOPTION BY SPOUSES
Spanish Civil Code. The third article was Article
278 which was a reproduction of Article 131 of the General Rule: The husband and the wife shall
Spanish Civil Code. jointly adopt.
However, unlike in the Spanish Civil Code, wherein
the progenitor of Article 280 followed immediately Exceptions:
the progenitor of Article 278, a new provision was 1. One spouse seeks to adopt the legitimate
inserted to separate Article 280 from Article 278. son/daughter of the other;
The new provision, Article 279, provided: 2. One spouse seeks to adopt his/her own
illegitimate son/daughter;
A minor who may contract marriage without 3. If the spouses are legally separated.
parental consent cannot acknowledge a natural
child, unless the parent or guardian approves the
acknowledgment, or unless the recognition is made
in the will.
WHO MAY BE ADOPTED
If the sequencing of the provisions in the Spanish
Civil Code were maintained in the Civil Code of the
Philippines, and Article 280 was numbered Article 1. Person below 18 years of age who has been
279, it becomes clear that the prohibition against administratively/judicially declared available for
the identification by the parent acknowledging a adoption;
child of the latter's other parent refers to the 2. Legitimate son/daughter of one of the spouse by
voluntary recognition provided for in Article 278. other spouse;
Under Article 172 of the Family Code, filiation of
legitimate children is by any of the following: 3. Illegitimate son/daughter by a qualified adopter
to improve his/her status to that of legitimacy;
The filiation of legitimate children is 4. Any person of legal age, if, prior, to the
established by any of the following: adoption said person has been consistently
considered by the adopter(s) as his/her own
(1) The record of birth appearing in the civil
child since minority;
register or a final judgment; or
5. Child whose adoption has been previously
(2) An admission of legitimate filiation in a public rescinded;
document or a private handwritten instrument 6. Child whose biological/adoptive parent(s) has
and signed by the parent concerned. died.
In the absence of the foregoing evidence, the
legitimate filiation shall be proved by: Persons Who May Not Be Adopted
(1) The open and continuous possession of the 1. Person o f legal age, except:
status of a legitimate child; or a. If adopted is a child by nature of adopter or
his spouse; or
(2) Any other means allowed by the Rules of Court
b.Adopted has been consistently considered and
and special laws. (265a, 266a, 267a)
treated by adopter as his or her own child
during minority;
Of interest is that Article 172 of the Family Code
adopts the rule in Article 283 of the Civil Code of
the Philippines, that filiation may be proven by
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2. Alien whose government the Philippines has no 5. When only the adopters survive, they shall inherit
diplomatic relations; and the entire estate.
6. When only collateral blood relatives of the adopted
survive, then the ordinary rules.
3. Person who has been previously adopted, unless
such adoption has been revoked or rescinded.
Rights of an adopted child – include FC, Arts.
189 and 190 on successional rights
RULE ON ADOPTION BY SPOUSES
Art. 189. Adoption shall have the following effects:
1. All legal ties between the biological parents and (1) For civil purposes, the adopted shall be
the adoptee shall be severed and the same shall deemed to be a legitimate child of the adopters
be vested in the adopters. and both shall acquire the reciprocal rights and
Except when biological parent is the spouse of obligations arising from the relationship of
the adopter. parent and child, including the right of the
2. Adoptee shall be considered a legitimate child of adopted to use the surname of the adopters;
the adopter for all the intents and purposes; (2) The parental authority of the parents by nature
3. In legal and intestate succession, the adoptee over the adopted shall terminate and be
and adopters shall have reciprocal rights of vested in the adopters, except that if the adopter
succession without distinction from legal is the spouse of the parent by nature of the
filiation. However, if a will was left, the rules on adopted, parental authority over the adopted
testamentary succession shall be followed. shall be exercised jointly by both spouses; and
(3) The adopted shall remain an intestate heir of
his parents and other blood relatives.
Grounds for Rescission of Adoption
1. Repeated physical/verbal maltreatment by the Art. 190. Legal or intestate succession to the
adopter(s); estate of the adopted shall be governed by the
2. Attempt on the life of the adoptee; following rules:
3. Sexual assault or violence;
4. Abandonment or failure to comply with the (1) Legitimate and illegitimate children and
parental obligations. descendants and the surviving spouse of the
adopted shall inherit from the adopted, in
Rules for Legal or Intestate Succession to the accordance with the ordinary rules of legal or
Estate of the Adopted intestate succession;
1. Legitimate and illegitimate children and (2) When the parents, legitimate or illegitimate, or
descendants and the surviving spouse of the the legitimate ascendants of the adopted
adopted, in accordance with the ordinary rules of concur with the adopter, they shall divide the
legal or intestate succession. entire estate, one-half to be inherited by the
2. When the parents, legitimate or illegitimate, or the parents or ascendants and the other half, by
legitimate ascendants of the adopted concur with the adopters;
the adopter, they shall divide the entire estate, (3) When the surviving spouse or the illegitimate
one-half to be inherited by the parents or children of the adopted concur with the
ascendants and the other half, by the adopters. adopters, they shall divide the entire estate in
3. When the surviving spouse or the illegitimate equal shares, one-half to be inherited by the
children of the adopted concur with the adopters, spouse or the illegitimate children of the
they shall divide the entire estate equal shares, adopted and the other half, by the adopters.
one-half to be inherited by the spouse or the (4) When the adopters concur with the illegitimate
illegitimate children of the adopted and the other children and the surviving spouse of the
half, by the adopters. adopted, they shall divide the entire estate in
4. When the adopters concur with the illegitimate equal shares, one-third to be inherited by the
children and the surviving spouse of the adopted, illegitimate children, one-third by the surviving
they shall divide the entire estate in equal shares, spouse, and one-third by the adopters;
one-third to be inherited by the illegitimate (5) When only the adopters survive, they shall
children, one-third by the surviving spouse, and inherit the entire estate; and
one-third by the surviving spouse and one-third by
the adopters.
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(6) When only collateral blood relatives of the 1. The adopter is not a Filipino citizen but a
adopted survive, then the ordinary rules of natural born citizen of USA;
legal or intestate succession shall apply. 2. The adopter is neither his relative by
(39(4)a, PD 603) consanguinity not the legitimate child of the
other spouse;
3. When the adopters jointly filed the petition to
adopt, the other spouse is no longer a Filipino
Sec. 18. Succession. — In legal and intestate citizen. (Republic vs. Toledano, 233 SCRA 9)
succession, the adopter(s) and the adoptee shall
have reciprocal rights of succession without
distinction from legitimate filiation. However, if the Who May Adopt:
adoptee and his/her biological parent(s) had left a
will, the law on testamentary succession shall Any alien or Filipino citizen permanently residing
govern. abroad may file an application for inter-country
adoption of a Filipino child if he/she:
EXCLUDE: AM No. 02-6-02-S.C. (Aug. 22, 1. Is at least 27 years of age and at least 16 years
2002), RA9523 – requiring certification of the older than the child to be adopted, at the time
department of DSWD to declare a “child of the application unless the adopter is the
legally available for adoption” parent by nature of the child to be adopted or
the spouse of such parent.
2. If married, his/her spouse must jointly file for
the adoption.
3. Has the capacity to act and assume all rights
and responsibilities of parental authority under
B. INTER-COUNTRY his national laws, and has undergone the
appropriate counseling in his/her country.
ADOPTION (1995) REPUBLIC 4. Has not been convicted of a crime involving
moral turpitude.
ACT NO. 8043 5. Is eligible to adopt under his/her national law.
6. Is in a position to provide the proper care and
support and to give the necessary moral values
and example to all his children, including the
Inter-Country Adoption
child to be adopted.
* The socio-legal process of adopting a Filipino
7. Agrees to uphold the basic rights of the child as
child by a foreigner or a Filipino citizen
embodied under Philippine laws, the UN
permanently residing abroad where the petition is
convention on the Rights of the Child, and to
filed, the supervised trial custody is undertaken,
abide by the rules and regulations issued to
and the decree of adoption is issued outside the
implement the Inter-country Adoption Act
Philippines.
8. Comes from a country with whom the
* The child must first be placed under adoption in
Philippines has diplomatic relations and whose
the Philippines before he is placed for inter-country
government maintains a similarly authorized
adoption.
and credited agency and that adoption is
allowed under his/her national laws.
9. Possesses all the qualifications and none of the
Who May Be Adopted:
disqualifications under the Inter-country
* Only a “legally-free child” (a child who has been
adoption act and other applicable Philippine
voluntarily committed to the DSWD of the
laws
Philippines, in accordance with the Child Youth
Welfare Code).
An alien qualified to adopt under the Child Youth
Inter-Country Adoption Board
and Welfare Code, which was in force at the time
* Acts as the central authority in matters relating
of the filing of the petition, acquired a vested right,
to inter-country adoption.
which could not be affected by the subsequent
* The Board shall ensure that all possibilities for
enactment of a new law disqualifying him.
the adoption of the child under the Family Code
(Republic vs. Miller, 306 SCRA 183)
have been exhausted and that inter-country
adoption is in the best interest of the child.
Spouses Clause cannot adopt under any
exceptional cases in the provision because:
Trial Custody:
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◘ 6 months from the time of placement 2. The adopting parent(s) shall submit to the
1. Starts upon actual physical transfer of the child governmental agency or authorized and accredited
to the applicant who, as actual custodian, shall agency, which shall in turn transmit a copy of the
exercise substitute parental authority over the Board, a progress report of the child’s adjustment.
person of the child.
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must jointly adopt, except in the following cases: of a final judgment declaring the existence or
(1) When one spouse seeks to adopt his own non-existence of the marriage, nothing exist
illegitimate child; or (2) When one spouse seeks except the allegation of marriage and a denial
to adopt the legitimate child of the other. As thereof (Yangco vs. Rohde, 1 Phil 404).
amended by Executive Order 91, Presidential
Decree No. 603, had thus made it mandatory for 2. Legitimate ascendants and descendants;
both the spouses to jointly adopt when one of A husband may validly refuse to support a child
them was an alien. The law was silent when both who is a fruit of an adulterous relationship
spouses were of the same nationality. The Family (Sanchez vs. Zulueta, 68 Phil 11).
Code has resolved any possible uncertainty.
Article 185 thereof now expresses the necessity 3. Parents and their legitimate children and the
for joint adoption by the spouses except in only legitimate and illegitimate children of the latter;
two instances: (1) When one spouse seeks to
adopt his own legitimate child; or (2) When one 4. Parents and their illegitimate children and the
spouse seeks to adopt the legitimate child of the legitimate and illegitimate children of the latter;
other. It is in the foregoing cases when Article * The persons obliged to support each other are
186 of the Code, on the subject of parental limited from the grandparents to the
authority, can aptly find governance. Article 186. grandchildren only and vice versa.
In case husband and wife jointly adopt or one
spouse adopts the legitimate child of the other, If in a hearing for support pendente lite, the
joint parental authority shall be exercised by the status of the child is at issue, the alleged child can
spouses in accordance with this Code. get support in the meantime while the case is
pending from the alleged parent is his status as
such has been proven provisionally.
(Mangulabnan vs. IAC, 185 SCRA 760)
Cases:
Luna v. IAC 5. Legitimate brothers and sisters whether of the
The SC rules that in all questions relating to the full or half-blood.
care, custody and education and property of the * The right to receive support under this Title as
children, the latter’s welfare is paramount. This well as any money or property obtained as such
means that the best interest of the minor can support shall not be levied upon on attachment or
override procedural rules and even the rights of execution. (Art. 205)
the parents to the custody of their children. The
desire and preference of the child to stay with her
grandparents instead of her biological parents and
who had signified her intention to kill herself and Order of Liability if Two or More Are Obliged
run away from home if she should be separated to Support
from her grandparents and forced to live with her 1. Spouse
biological parents should prevail over procedural 2. Descendants in nearest degree
rules.
3. Ascendants in nearest degree
4. Brothers and sisters
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will not be entitled to On May 18, 1988, Julia left for the United States
support. If the spouses (US) to work as nurse despite Leouel’s
are under conjugal protestations. Seven months thereafter or on
partnership of gains, January 1, 1989, she called up from the US with
support is considered an the promise of returning home soon, but she
advance of such spouses’ never did. Given the chance, Leouel went to the
share; the rule does not US for a training program sponsored by the
apply if the spouses are Armed Forces of the Philippines (AFP) from April
under absolute to August 1990. He desperately tried to locate
community of property, her there but failed.
based on Art. 153.
After Litigation He then filed with the Regional Trial Court (RTC)
No obligation to support for the nullification of their marriage under Article
except is there is legal 36 of the Family Code, on the ground of
separation, in which case psychological incapacity. Summons was served
the court may require by publication in a newspaper of general
the guilty spouse to give circulation in Negros Oriental. In her answer,
support. Julia claimed that it was Leouel who was
irresponsible and incompetent. The RTC in
Where a spouse obtained a sum of money on November 1991 dismissed the case for lack of
different occasions from her sister, and where the merit. On appeal, the Court of Appeals (CA)
sister and the husband sued the husband of the affirmed the RTC decision.
said spouse for reimbursement under Art. 206, for
one to recover, it must be alleged and proved, ISSUE: Whether or not the marriage may be
first, that support has been furnished a dependent declared a nullity prusuant to Artcile 36 of the
of one bound to give support but who fails to do Family Code.
so; second that the support was given without the
knowledge of the person charged with the duty. HELD:
The negative qualification is when the support is
given without the expectation of recovering it. (De Article 36 cannot be taken and construed
Marcaida vs. Redfern, 49 Phil 849) independently, but must stand in conjunction with
The right to receive support can neither be existing precepts of laws on marriage. Thus
renounced nor transmitted to a third person. correlated, “psychological incapacity” should refer
Neither can it be compensated with what the no less than a mental (not physical) incapacity
recipient owes the obligator. Further, future that causes a party to be truly incognitive of the
support cannot be the subject of compromise. (De basic marital covenants that concomitantly must
Asis vs. CA, 303 SCRA 176) be assumed and discharged by the parties to the
Case: marriage which, as so expressed by Article 68 of
the Family Code, include their mutual obligations
to live together, observe love, respect and fidelity
and render help and support. There is hardly any
Leouel Santos vs. Court of Appeals and Santos doubt that the intendment of the law has been to
GR No. 112019 / 58 SCAD 17 confine the meaning of psychological incapacity to
Januray 4, 1995 the most serious cases of personality disorders
clearly demonstrative of an utter insensitivity or
FACTS: inability to give meaning and significance to the
marriage. This psychological condition must exist
Lt. Leouel Santos married private respondent Julia at the time the marriage is celebrated. The law
Bedia on Sept. 20, 1986 in Illoilo MTC and later does not evidently envision an inability of the
by church wedding. They lived with the latter’s spouse to have sexual relations with the other.
parents and eventually gave birth to Leouel This conclusion is implicit under Article 54 of the
Santos, Jr. on July 18, 1987. The relationship Family Code which considers children conceived
turned sour when they began quarelling over prior to the judicial declaration of nullity of the
frequent interferrence of Julia’s parents and the void marriage to be legitimate.
issue of liveing independently from the in-laws.
The well-considered opinions of psychiatrists,
psychologists and persons with expertise in
psychological disciplines might be helpful or even
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Marriage is not just and adventure but a lifetime Payment shall be made within the first five days
commitment. We should continue to be reminded of each corresponding month or when the
that innate in our society, then enshrined in the recipient dies, his heirs shall not be obliged to
Civil Code, and even now still indelible in Section return what he has received in advance.
1 of the Family Code…the Constitution is no less
emphatic. Options, Art. 204
The latter’s wealth is not a deciding factor Art. 204. The person obliged to give support shall
particularly that there is no proof that petitioner is have the option to fulfill the obligation either by
in no position to support the boy. The fact that he paying the allowance fixed, or by receiving and
was unable to provide financial support for his maintaining in the family dwelling the person who
minor son from birth up to over 3 years when he has a right to receive support. The latter
took the boy fro his in-laws without permission, alternative cannot be availed of in case there is a
should not be sufficient reason to strip him of his moral or legal obstacle thereto.
permanent right to the child’s custody.
Attachment, Art. 205
Art. 205. The right to receive support under this
Title as well as any money or property obtained
Support during marriage litigation, Art. 198 as such support shall not be levied upon on
attachment or execution.
Art. 198. During the proceedings for legal
separation or for annulment of marriage, and for
declaration of nullity of marriage, the spouses and VI
their children shall be supported from the
properties of the absolute community or the II. PARENTAL AUTHORITY
conjugal partnership. After the final judgment
granting the petition, the obligation of mutual Rules as to the exercise of PA:
support between the spouses ceases. However, in
case of legal separation, the court may order that 1. The father and the mother shall JOINTLY
the guilty spouse shall give support to the exercise penalty authority over the persons of
innocent one, specifying the terms of such order. their common children. In case of disagreement,
the father’s decision shall prevail unless there is a
Amount, Arts. 201-202 judicial order to the contrary/
Art. 201. The amount of support, in the cases 2. If the child is illegitimate, parental authority is
referred to in Articles 195 and 196, shall be in with the mother.
proportion to the resources or means of the giver
and to the necessities of the recipient. (296a) Parental preference rule
* The natural parent, who are of good character
Art. 202. Support in the cases referred to in the and who can reasonably provide for the child are
preceding article shall be reduced or ordinarily entitled to custody as against all
increased proportionately, according to the persons
reduction or increase of the necessities of the
recipient and the resources or means of the General Rule: No child under 7 years of age shall
person obliged to furnish the same. be separated from the mother. (Espiritu vs. CA,
242 SCRA 362; Maternal Preference Rule)
When Demandable, Art. 203 Exception: When the court finds compelling
reason to order otherwise.
Art. 203. The obligation to give support shall be What constitutes compelling reason must be
demandable from the time the person who has a
clearly shown by positive and clear evidence of
right to receive the same needs it for the unfitness of the mother and its determination
maintenance, but it shall not be paid except from
is left to the sound judgment of the courts
the date of judicial or extra-judicial demand. (Medina vs. Makabali, 27 SCRA 502).
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proper court of the place where the child resides, country, in the proper court of the place where
for an order providing for disciplinary measures the property or any part thereof is situated.
over the child. The child shall be entitled to the The petition shall be docketed as a summary
assistance of counsel, either of his choice or special proceeding in which all incidents and
appointed by the court, and a summary hearing issues regarding the performance of the
shall be conducted wherein the petitioner and the obligations referred to in the second paragraph of
child shall be heard. this Article shall be heard and resolved.
However, if in the same proceeding the court The ordinary rules on guardianship shall be
finds the petitioner at fault, irrespective of the merely suppletory except when the child is under
merits of the petition, or when the circumstances substitute parental authority, or the guardian is a
so warrant, the court may also order the stranger, or a parent has remarried, in which case
deprivation or suspension of parental authority or the ordinary rules on guardianship shall apply.
adopt such other measures as it may deem just
and proper. (318a)
Art. 225. The father and the mother shall jointly EXCLUDE: RA 9231 – Child Labor Law (to be
exercise legal guardianship over the property of covered by Labor
the unemancipated common child without the Law)
necessity of a court appointment. In case of
disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary.
Where the market value of the property or the
annual income of the child exceeds P50,000, the Suspension or Termination of Parental
parent concerned shall be required to furnish a Authority, Arts. 228-233
bond in such amount as the court may determine,
but not less than ten per centum (10%) of the Art. 228. Parental authority terminates
value of the property or annual income, to permanently:
guarantee the performance of the obligations (1) Upon the death of the parents;
prescribed for general guardians.
(2) Upon the death of the child; or
A verified petition for approval of the bond shall
(3) Upon emancipation of the child. (327a)
be filed in the proper court of the place where the
child resides, or, if the child resides in a foreign
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Grounds for Judicial Suspension of Parental (1) By the marriage of the minor; or
Authority
1. Excessive harshness or cruelty on the child; (2) By the recording in the Civil Register of an
2. Gives the child corrupting orders, counsel for agreement in a public instrument executed by
example; the parent exercising parental authority and
the minor at least eighteen years of age. Such
3. Compels the child to beg;
emancipation shall be irrevocable. (397a,
4. Subjects the child or allows him/her to be
398a, 400a, 401a)
subjected to acts of lasciviousness;
5. Conviction of a crime with the penalty of civil
interdiction. Art. 235. The provisions governing emancipation
by recorded agreement shall also apply to an
orphan minor and the person exercising parental
Custody may even be granted to persons who
authority but the agreement must be approved by
are strangers to the family if such award would
the court before it is recorded. (n)
best serve the paramount interest of the child.
(Balatbat vs. Balatbat, 98 Phil 998)
Where the custody of the child was awarded to Art. 236. Emancipation for any cause shall
the grandparents by the lower court, but was terminate parental authority over the person and
reversed by the Court of Appeals and was property of the child who shall then be qualified
affirmed by the Supreme Court, such decision by and responsible for all acts of civil life.
the Supreme Court can be set aside when, after
the decision the child manifested the she would
kill herself if she were delivered to her natural Summary Judicial Proceedings in the Family
parents instead of letting her stay with her Law
grandparents. The decision of the lower court, as
held by the Supreme Court, in a subsequent case,
should be maintained. (Luna vs. IAC, 137 SCRA Final Provisions – Retroactive effect, Art.
256
Cases Where Parental Authority May Be Art. 256. This Code shall have retroactive effect
revived insofar as it does not prejudice or impair vested
1. Adoption of Child or acquired rights in accordance with the Civil
2. Appointment of general abandonment Code or other laws.
3. Judicial declaration of abandonment
4. Final judgment divesting parental authority EXCLUDE: Arts. 254-255, 257
5. Judicial declaration of absence or incapacity or
person exercising parental authority. Funeral, NCC Arts. 305-301
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A. Ordinary Absence
Calderon v. Republic
1. 7 years – it being unknown whether or not the
A petition to change the name of the infant to absentee still lives, he is presumed dead for all
the surname of her stepfather, as in this case, purposes except for those of succession.
should be granted where to do so is clearly for 2. 10 years – for purposes of opening succession.
the best interest of the child it appearing that 3. Disappearance after the age of 75 – an
such change would promote the personality of absence of 5 years is sufficient.
the child and remove the stigma of illegitimacy
as long as it does not cause prejudice or injury A judicial declaration of absence is necessary for
to the interest of the State or of other interested persons to be able to protect their
persons. The stepfather already agreed.
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1. The spouse present; Art. 381. When a person disappears from his
domicile, his whereabouts being unknown, and
2. The heirs instituted in a will, who may present
without leaving an agent to administer his
an authentic copy of the same;
property, the judge, at the instance of an
3. The relatives who may succeed by the law of
interested party, a relative, or a friend, may
intestacy;
appoint a person to represent him in all that may
4. Those who may have over the property of the be necessary.
absentee some right subordinated to the
This same rule shall be observed when under
condition of his death.
similar circumstances the power conferred by the
absentee has expired. (181a)
B. Qualified/Extra-Ordinary Absence:
1. On board vessel lost during a sea voyage or an
airplane which is missing; period is counted
from the loss of the vessel or airplane; Art. 382. The appointment referred to in the
2. In the armed forces who has taken part in war; preceding article having been made, the judge
3. In danger of death under other circumstances shall take the necessary measures to safeguard
and his existence has not been known. the rights and interests of the absentee and shall
specify the powers, obligations and remuneration
of his representative, regulating them, according
NCC Art. 43. If there is a doubt, as between to the circumstances, by the rules concerning
two or more persons who are called to guardians. (182)
succeed each other, as to which of them died
first, whoever alleges the death of one prior
to the other, shall prove the same; in the
absence of proof, it is presumed that they
died at the same time and there shall be no Art. 383. In the appointment of a representative,
transmission of rights from one to the other. the spouse present shall be preferred when there
is no legal separation.
If the absentee left no spouse, or if the spouse
FC Art. 41. A marriage contracted by any
present is a minor, any competent person may be
person during subsistence of a previous
appointed by the court.
marriage shall be null and void, unless
before the celebration of the subsequent
marriage, the prior spouse had been absent
for four consecutive years and the spouse Declaration of Absence, Arts. 384-389
present has a well-founded belief that the
absent spouse was already dead. In case of Art. 384. Two years having elapsed without any
disappearance where there is danger of news about the absentee or since the receipt of
death under the circumstances set forth in the last news, and five years in case the absentee
the provisions of Article 391 of the Civil has left a person in charge of the administration
Code, an absence of only two years shall be of his property, his absence may be declared.
sufficient. (184)
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University of Cebu College of Law UCLASS Bar Operations: Civil Law Society
(3) The relatives who may succeed by the law of Art. 389. The administration shall cease in any of
intestacy; the following cases:
(4) Those who may have over the property of the (1) When the absentee appears personally or by
absentee some right subordinated to the means of an agent;
condition of his death. (185) (2) When the death of the absentee is proved and
his testate or intestate heirs appear;
(3) When a third person appears, showing by a
Art. 386. The judicial declaration of absence shall proper document that he has acquired the
not take effect until six months after its absentee's property by purchase or other
publication in a newspaper of general circulation. title.
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Civil Law Bar Notes
University of Cebu College of Law UCLASS Bar Operations: Civil Law Society
*Extraordinary absence
– 4 years (2 years for
purposes of remarriage)
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Civil Law Bar Notes
University of Cebu College of Law UCLASS Bar Operations: Civil Law Society
Held: Where the facts, known to be knowable, marriage, that the spouse present does not know
from which a rational conclusion can be made, the his or her former spouse to he living, that such
presumption of absence does not step in, and the former spouse is generally reputed to be dead and
rule of preponderance of evidence controls. the spouse present so believes at the time of the
celebration of the marriage (section III, paragraph
Reyes v. Alejandro 2, General Orders, No. 68). (On page 183).
Considering that neither the petition alleges, nor The need to have a person judicially declared an
the evidence shows, that Roberto L. Reyes has any absentee is when he has properties which have to
rights, interest or property in the Philippines, there be taken cared of or administered by a
is no point in judicially declaring him an absentee. representative appointed by the Court (Article 384,
Civil Code); the spouse of the absentee is asking
... For the purposes of the civil marriage law, it is
for separation of property (Article 191, Civil Code)
not necessary to have the former spouse judicially
or his wife is asking the Court that the
declared an absentee. The declaration of absence
administration of an classes of property in the
made in accordance with the provisions of the Civil
marriage be transferred to her (Article 196, Civil
Code has for its sole purpose to enable the taking
Code). The petition to declare the husband an
of the necessary precautions for the administration
absentee and the petition to place the
of the estate of the absentee. For the celebration
management of the conjugal properties in the
of civil marriage, however, the law only requires
hands of the wife may be combined and
that the former spouse has been absent for seven
adjudicated in the same proceedings, Peyer vs.
consecutive years at the time of the second
Martinez, 88 Phil. 72, 80).
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Civil Registrar
Art. 412. No entry in a civil register shall be
A. Arts. 407-413 changed or corrected, without a judicial order.
(n)
Art. 407. Acts, events and judicial decrees Art. 413. All other matters pertaining to the
concerning the civil status of persons shall be registration of civil status shall be governed by
recorded in the civil register. (325a) special laws. (n)
B. RA 9048-clerical errors
Art. 408. The following shall be entered in the
civil register:
C. Rule 108, Rules of Court
(1) Births;
(2) marriages;
(3) deaths;
EXCLUDE: Act. No. 375, IRR of RA 9048
(4) legal separations;
(5) annulments of marriage;
(6) judgments declaring marriages void from
Cases:
the
beginning;
Republic v. Macliing
(7) legitimations;
(8) adoptions;
The principal ground relied upon in this appeal
(9) acknowledgments of natural children;
is that Rule 108 of the Rules of Court upon
(10) naturalization;
whichprivate respondents anchor their Petition
(11) loss, or (12) recovery of citizenship;
is applicable only to changes contemplated in
(13) civil interdiction;
Article 412of the Civil Code, which are clerical
(14) judicial determination of filiation;
or innocuous errors, or to corrections that are
(15) voluntary emancipation of a minor; and
notcontroversial and are supported by
(16) changes of name.
indubitable evidence. (Tiong v. Republic, 15
SCRA 262[1965]). It is true that the change
from Esteban Sy to Sy Piao would necessarily
Art. 409. In cases of legal separation, affect the Identity of thefather. (Barillo v.
adoption, naturalization and other judicial Republic, 3 SCRA 725 [1961]) In that sense, it
orders mentioned in the preceding article, it can be said to be substantial. However, we find
shall be the duty of the clerk of the court which indubitable evidence to support the correction
issued the decree to ascertain whether the prayed for. . . . xxx xxx xxxIn the case of Ty
same has been registered, and if this has not Kong Tin v. Republic, 94 Phil. 321 (1954), as
been done, to send a copy of said decree to well as subsequent casespredicated thereon,
the civil registry of the city or municipality we forbade only the entering of material
where the court is functioning. (n) corrections in the record of birth by virtue of a
judgment in a summary action. the
proceedings below, although filed under Rule
Art. 410. The books making up the civil 108 of the Rules of Court, were not summary.
register and all documents relating thereto The Petition was published by order of the
shall be considered public documents and shall lower Courtonce a week for three consecutive
be prima facie evidence of the facts therein weeks in a newspaper of general circulation in
contained. (n) accordance withlaw. The Solicitor General was
served with copy of the Petition as well as with
notices of hearings.He filed his Opposition to
the Petition. The Local Civil Registrar of the
Art. 411. Every civil registrar shall be civilly City of Baguio was likewiseduly served with
responsible for any unauthorized alteration copy of the Petition. A Fiscal was always in
made in any civil register, to any person attendance at the hearings inrepresentation of
suffering damage thereby. However, the civil the Solicitor General. He participated actively
registrar may exempt himself from such in the proceedings, particularly, inthe cross-
liability if he proves that he has taken every examination of witnesses. And,
reasonable precaution to prevent the unlawful notwithstanding that all interested persons
alteration. (n) were cited toappear to show cause why the
petition should not be granted, no one one involving nationality or citizenship, which
appeared to oppose exceptthe State through is indisputably substantial as well as
the Solicitor General. But neither did the State controverted, affirmative relief cannot be
present evidence in support of its granted in a proceedings summary in nature.
Opposition.To follow the petitioner's argument However, it is also true that a f ight in law
that Rule 108 is not an appropriate proceeding may be enforced and a wrong maybe remedied
without in anyway intimating what is the as long as the appropr iate remedy is used.
correct proceeding or if such a proceeding
exists at all, would result in manifest injustice. Where SC held that even substantial errors in a
civil registry may be corrected and the true
FACTS: In this case, the father wanted to facts established under Rule 108 provided the
correct the birthcertificates of is sons In one bi parties aggrieved by the error avail themselves
r th certificate, the father's name is being of the appropriate adversary proceeding. An
corrected f rom 'Esteban Sy" to "Sy Piao" whi appropriate adversary suit or proceeding is one
le in another bi r th certificate. the son's name where the trial court has conducted
is being cor rected from "Noe" to "Joe" proceedings where all relevant facts have been
fully and properly developed, where opposing
RULING: ' In the case of Ty Kong Tin vs• counsel have been given opportunity to
Republic, 94 Phil 321 (7954), as well as demolish the opposite party’s case, and where
subsequent cases predicated thereon, we the evidence has been thoroughly weighed and
forbade only the entering of material considered.
corrections in the record of birth by virtue of a
judgment in a summary action The
proceedings below, although filed under Rule
108 of the Rules of Court, were not summary Kumala v. Abubakar
The Petition was published by order of the
lower court FACTS: The correction sought here was to
once a week for three consecutive weeks in a change the ent ry of the sex f rom' M" to 'F" in
newspaper of general circulation in accordance the bi r th certificate of the minor female
with law. The Solicitor General was served wi
th the copy of the Petition as well as the RULING: "'Nor would it be the first time that a
notices of hearings He filed his opposition to procedure, of this character did suf f ice for the
the Petition. The Local Civil Registrar of the correction of an error in the records of Civil
City of Baguio was likewise duly served a copy Registrar In Malicden vs. Republic [1964], this
of the Petition. A Fiscal was always in at Court ruled that test imonial evidence may
tendance at the hearings in representat ion of override an erroneous entry Thereafter, in
the Solicitor General. He part icipated actively Alioso vs. Lastimoso [1965), this court ruled
in the proceedings, particularly. In the cross that an unauthorized false entry may be
examination of witnesses And, not cancelled by the Court through an act ion of
withstanding that all interested persons were ci this nature Matias vs. Republic [1969], the
ted to appear to show cause why the petit ion opinion being penned by then Acting Chief
should not be granted, no one appeared to Justice JBL Reyes. is even more in point."
oppose except the State through the Solicitor Thus: "Granting that the supplying of a name
General But neither did the State present that was left in blank in the original recording
evidence in support of its opposition" of the birth does not constitute, as contended
by the Solicitor General a rectification of a
mere clerical error. It is well to observe that
Republic V. Valencia the doct r ine of the case of Ty King Tin vs.
Republic 94 Phil 321, and subsequent
FACTS: In this case, the pet i t ioner wish to adjudications predicated thereon forbade only
correct the following in her children's birth the entering of material corrections or
certificates: citizenship from Chinese to amendments in the record of bi r th by virtue
Filipino; status from legitimate to illegitimate; of a judgment in a summary action against the
and mother's status f rom married to single. Civil Registrar In the case of the petitioner
herein. However, the proceedings were not
It is undoubtedly t rue that if the subject mat summary, considerIng the publication of the
ter pet i t ion made by order of the court in order
of a petition is not for correction of clerical to give not ice to any person that might be
error of a harmless and innocuous nature but
interested, including direct service on the
Solicitor General himself " PROPERTY,
OWNERSHIP, & ITS
Leonor v. CA
MODIFICATIONS
Facts: Husband gave grounds for cancellation
of the registration of the marriage because it PROPERTY is that branch of civil law which
was a nullity due to the non-observance of the classifies and defines the different kinds
legal requirements of a valid marriage. appropriable objects, provides for their
(Registration of the marriage license was not a acquisition and loss, and in general, treats of
formal nor essential requisite for marriage) the nature and consequences of real rights.
CLASSIFICATIONS OF
PROPERTY
6. Animal houses, pigeon-houses,
KINDS OF IMMOVABLES beehives, fishponds or breeding places
of similar nature, in case their owner
1. Mobility or non-mobility: movable/personal has placed them or preserves them
or immovable/real with the intention to have them
2. Ownership: public or private dominion permanently attached to the land,
3. Alienability: within the commerce of man or and forming a permanent part of it;
outside the commerce of man the animals in these places are
4. Materiality: tangible/corporeal or included;
intangible /incorporeal 7. Fertilizer actually used on a piece of
5. Capability of substitution: fungible or non- land;
fungible 8. Mines, quarries, and slag dumps, while
the matter thereof forms part of the
bed, and waters either running or
A. IMMOVABLE PROPERTY (Art. 415) stagnant;
1. Land, buildings, roads and constructions of 9. Docks and structures which, though
all kinds adhered to the soil; floating, are intended by their nature
2. Trees, plants, and growing fruits, while and object to remain at a fixed place
attached to the land or form an integral on a river, lake or coast;
part of an immovable; 10. Contracts for public works, and
3. Everything attached to an immovable in a servitudes and other real rights over
fixed manner (it cannot be separated immovable property.
therefrom without breaking the material or
deterioration of the object; ◘ The mere fact that the parties decided to
4. Statues, relief, paintings or other objects deal with the building, as personal property not
for use or ornamentation, places in change its character as real property. Thus,
buildings or on lands by the owner of the neither the original registry in the chattel
immovable (intent is to attach them mortgage registry, nor the annotation in said
permanently to the tenements); registry of the sale of the mortgaged property
5. Machinery, receptacles, instruments or had any effect on the building. However, since
implements intended by the owner of the the land and the building had first been
tenement for an industry or works which purchased by defendant ahead of petitioner,
may be carried on in a building or on a and this fact was known to the latter, it follows
piece of land, and which tend directly to that he was not a purchasee in good faith and
meet the needs of the industry or works; should not be entitled to the property.
Defendant, thus, has a better right to the
property. (Leung Yee vs. Strong Machinery
Requisites:
Co., 37 Phil 644).
◘ As a rule, the machinery should be
5.1. Placing must be made by the owner, his
considered as personal, since it was not placed
agent, or duly authorized legal
on the land by the owner of said land.
representative;
Immobilization by destination or purpose can
not generally be made by a person whose
5.2. Industry or work must be carried on in a
possession of the property is only temporary.
building or on the land;
Otherwise, we will be forces to presume that
he intended to give the property permanently
5.3. Machines must tend directly to meet the
away in favor of the owner of the premises
needs of said industry or works;
(Davao Sawmill Co. vs. Castillo, 61 Phil 709).
5.4. Machines must be essential and principal
and not merely incidental. ACADEMIC CLASSIFICATION OF REAL
PROPERTY
A house built on a rental land can be a. Real property by nature (trees and plants)
the object of real mortgage. It may even be b. Real property by incorporation (buildings)
the subject of a chattel mortgage provided; 1) c. Real property by destination or purpose
consent of the parties are obtained; 2) no d. Real property by analogy
innocent third person will be prejudiced.
Cases:
complaint claiming that the action was within
NAVARRO V. PINEDA the exclusive (original) jurisdiction of the
9 SCRA 631 Justice of the Peace Court of Lagangilang,
Abra.
FACTS:
Pineda and his mother executed real estate The Supreme Court affirmed the order
and chattel mortgages in favor of Navarro, to appealed. Having been admitted in forma
secure a loan they got from the latter. The pauperis, no costs were adjudged.
REM covered a parcel of land owned by the
mother while the chattel mortgage covered a ISSUE:
residential house. Due to the failure to Whether or not the house is immovable
pay the loan, they asked for property even if it is on the land of another
extensions to pay for the loan. On the second
extension, Pineda executed a PROMISE RULING:
wherein in case of default in payment, he Yes.
wouldn’t ask for any additional extension and
there would be no need for any formal House is immovable property even if situated
demand. In spite of this, they still failed to on land belonging to a different owner;
pay. Exception, when demolished.
Navarro then filed for the foreclosure of the
mortgages. The court decided in his favor. A house is classified as immovable property by
reason of its adherence to the soil on which it
HELD: is built (Article 415, paragraph 1, Civil Code).
Where a house stands on a rented land This classification holds true regardless of the
belonging to another person, it may be the fact that the house may be situated on land
subject matter of a chattel mortgage as belonging to a different owner. But once the
personal property if so stipulated in the house is demolished, as in this case, it ceases
document of mortgage, and in an action by the to exist as such and hence its character as an
mortgagee for the foreclosure, the validity of immovable likewise ceases.
the chattel mortgage cannot be assailed
by one of the parties to the contract of DAVAO SAW MILL CO. VS. CASTILLO
mortgage. 61 SCRA 709
FACTS: HELD:
The machinery must be classified as personal
The Bicerras are supposedly the owners of the property.
house (PhP 20,000) built on a lot owned by
them in Lagangilang, Abra; which the Tenezas The lessee placed the machinery in the
forcibly demolished in January 1957, claiming building erected on land belonging to another,
to be the owners thereof. The materials of the with the understanding that the machinery was
house were placed in the custody of the barrio not included in the improvements which would
lieutenant. The Bicerras filed a complaint pass to the lessor on the expiration of the
claiming actual damages of P200, moral and lease agreement. The lessee also treated
consequential damages amounting to P600, the machinery as personal
and the costs. The CFI Abra dismissed the
property in executing chattel mortgages in 4. Those movables susceptible of appropriation
favor of third persons. The machinery was which are not included in the enumeration
levied upon by the sheriff as personalty of immovable;
pursuant to a writ of execution obtained 5. Forces of nature, which is brought under
without any protest being registered. control by science;
6. Shares of stock of agricultural, commercial
Furthermore, machinery only becomes and industrial entities, although they may
immobilized when placed in a plant by the have real estate.
owner of the property or plant, but not when
so placed by a tenant, usufructuary, or any A share in the partnership is considered a
person having temporary right, unless such personal property, as a matter of fact, all
person acted as the agent of the owner. shares in all juridical persons should be
considered personal property for there is no
MINDANAO BUS COMPANY V. CITY reason to discriminate between shares in a
ASSESSOR AND TREASURER corporation and shares in other juridical
6 SCRA 197 persons.
FACTS:
Petitioner is engaged in a public utility
business, solely engaged in transporting TESTS TO DETERMINE WHETHER
passengers and cargoes by motor trucks, over PROPERTY IS MOVABLE
its authorized lines in Mindanao. It owns a a. By exclusion: movables are everything not
main office and branch offices. To be found in included in Art. 415
their offices are machineries and equipment, b. By description: an object is movable if it
which were assessed by the City Assessor as possesses
real properties. 1. capable of being carried from place to
place
HELD: 2. change in location can be made
Movable equipments to be immobilized in without injuring the real property to
contemplation of law must first be essential which it is attached
and principal elements of an industry or works
without which such industry or works would
be unable to function or carry on the Cases:
industrial purpose for which it was
established. We may here distinguish RICARDO PRESBITERO vs, FERNANDEZ
those movables, which are essential and (Immovable – Calinisan)
principal elements of an industry, from those Facts: 1) ESPERIDION Presbitero failed to
which may not be so considered furnish Nava the value of the properties under
immobilized by destination because they are litigation. 2) Presbitero was ordered by the
merely incidental, not essential and principal. lower court to pay Nava to settle his debts. 3)
In the case at bar, the tools and equipments in Nava's counsel still tried to settle this case with
question are by their nature not essential and Presbitero, out of court. But to no avail. 4)
principal elements of petitioner’s business of Thereafter, the sheriff levied upon and
transporting passengers and cargoes by motor garnished the sugar quotas allotted to the
trucks. They are merely incidentals. plantation and adhered to the Ma-ao Mill
District and registered in the name of
Presbitero as the original plantation owner. 5)
The sheriff was not able to present for
registration thererof to the Registry of Deeds.
B. MOVABLE PROPERTY (Art. 416 & 417)
6) The court then ordered Presbitero to
1. Real property which by any provision of law
segregate the portion of Lot 608 pertaining to
is considered as personality;
Nava from the mass of properties belonging to
2. Obligations and actions which have for their
the defendant within a period to expire on
object movables or demandable sums;
August 1960. 7) Bottomline, Presbitero did not
3. In general, all things which can be
meet his obligations, and the auction sale was
transported from place to place without
scheduled. 8) Presbitero died after. 9)
impairment of the real property to which
RICARDO Presbitero, the estate administrator,
they are fixed;
then petitioned that the sheriff desist in
holding the auction sale on the ground that the
levy on the sugar quotas was invalid because c) For purposes of attachment and execution
the notice thereof was not registered with the and for purposes of the Chattel Mortgage
Registry of Deeds. Law, ungathered products have the nature
of personal property. (Sibal vs. Valdez, 50
Issue: W/N the sugar quotas are real Phil, 512).
(immovable) or personal properties. d) The human body, whether alive or dead, is
neither real nor personal property, for it is
Held: 1) They are real properties. 2) Legal not even property at all, in that it generally
bases: a) The Sugar Limitation Law xxx cannot be appropriated. Under certain
attaching to the land xxx (p 631) b) RA 1825 conditions, the body of a person or parts
xxx to be an improvement attaching to the thereof may be subject matter of a
land xxx (p 631) c) EO # 873 "plantation" xxx transaction. (See RA No. 349, RA No.
to which is attached an allotment of centrifugal 7170, RA No. 7719).
sugar. 3) Under the express provisions of law, e) What is the effect of temporary separation
the sugar quota allocations are accessories to of movables from the immovables to which
the land, and cannot have independent they have been attached?
existence away from a plantation. 4) Since the 2 Views:
levy is invalid for non-compliance with law, xxx
the levy amount to no levy at all 1) They continue to be regarded as
immovables.
2) Fact of separation determines the
BOARD OF ASSESSMENT APPEALS V. condition of the objects thus
MANILA ELECTRIC COMPANY recovering their condition as
10 SCRA 68 movables.
* the latter view is supported by Paras and
FACTS: Tolentino who maintains that the failure of
City Assessor of QC declared the steel towers the codifiers to reproduce the provision of
for real property tax under Tax Declarations. the partidas on the matter is an indication
After denying the respondent’s petition to
that they did not intend the rule to
cancel these declarations, an appeal was taken
with the CTA which held that the steel towers continue.
come under the exception of “poles” under
the franchise given to MERALCO; the steel f) A building that is to be sold or mortgaged
towers are personal properties; and the City and which would be immediately demolished
Treasurer is liable for the refund of the amount may be considered personal property and the
paid. sale or mortgage thereof would be a sale of
chattel, or a chattel mortgage respectively, for
HELD:
the true object of the contract would be the
The steel towers of an electric company don’t
materials.
constitute real property for the purposes of
real property tax.
PROPERTY OF PUBLIC
IMPORTANT DOCTRINES/PRINCIPLES ON
DOMINION
IMMOVABLE AND MOVABLE PROPERTIES:
2. Accion publiciana
- It is a plenary action in an ordinary
civil proceeding before the RTC
intended for the recovery of the
better right to possess.
- The action must be brought within
a period of ten (10) years
- The issue is possession de jure.
- There are two kinds of accion
publiciana:
a. That were the entry was not
obtained thru FISTS (this can
be brought as soon as the
dispossession takes place,
without waiting for the lapse of
one year); and
b. That were the one (1) – year
period for bringing forcible
entry or unlawful detainer has
already expired
3. Accion reivindicatoria
(reivindicatory action)
- An action to recover ownership
over real property and must be
brought in the RTC where the real
estate is situated.
- It must be brought within 10 years
or 30 years as the case may be
(depending on whether the other
party seeks to obtain ownership by
ACCION
REPLEVIN FORCIBLE ENTRY UNLAWFUL DETAINER ACCION PUBLICIANA
REIVINDICATORIA
Definition An action or provisional A summary action to Action brought when It is a plenary action in an An action to recover
remedy where the recover material or possession by a landlord, ordinary civil proceeding ownership over real
complainant prays for the physical possession of vendor or vendee or other before the RTC intended property and must be
recovery of the real property when a person of any land or for the recovery of the brought in the RTC where
possession of real person originally in building is being better right to possess. the real estate is situated.
property. possession was deprived unlawfully withheld after There are two (2) kinds of
thereof by force, the termination or accion publiciana:
intimidation, strategy, expiration of the right to
threat, or stealth hold possession, by a. That were the entry
(FISTS). virture of a contract, was not obtained thru
express or implied.D5 E2FISTS (this can be
brought as soon as the
dispossession takes place,
without waiting for the
lapse of one year); and
Issue Recovery of possession of Material or mere physical Material or mere physical Better right of possession Ownership of real
involved personal property possession of real possession of real of real property property
property (possession de property (possession de (possession de jure)
facto) facto)
Where to file MTC or RTC depending on
the amount of money MTC MTC RTC RTC
involved
Prescription one (1) year one (1) year from the 10 years 10 or 30 years depending
dispossession (FIT - from time the possession on whether it is ordinary
dispossession, SS - from became unlawful - receipt or extraordinary
discovery) of last demand or letter of
demand
Type of
in personam quasi in rem quasi in rem quasi in rem quasi in rem
Action
Others Steps: 1) complaint is May be brought against If there's a fixed period of It can be filed
filed at commencement or the owner in some cases, - one (1) year from the simultaneously with
at any time before such as lease. Complaint expiration of the lease. If forcible entry. Judgment
answer of other party 2) must state FISTS or else the reason is non- of ownership usually
complaint should allege it would just be an accion payment of rent or non- includes the right of
OWTA (owner, wrongfully publiciana which should fulfillment of the possession. Should
taken, taken against the be filed with the RTC conditions of the lease - remember Article 434. In
law) 3) pay bond double one (1) year from the an action to recover
the amount of property 4) receipt of last demand or ownership, the property
sheriff takes property 5) letter of demand to must be identified, and
doors broken if necessary vacate. Complaint filed 5 the plaintiff must rely on
Defendant's remedy: a) days after demand the strength of his title
File a bond double the (buildings) or 15 days and not on the weakness
amount; and b) Give copy (land). Refers to any kind of the defendant's claim.
to plaintiff Stranger's of land. It should be
remedy - File a third alleged that the right to
party claim possess had been
terminated and that the
continued possession was
unlawful. Not the remedy
if what is sought is
specific performance.
Necessity of demand -
necessary: if there is a
breach not necessary - if
the fixef period just
expires
interference is necessary to avert an imminent
danger and the threatened damage, compared
◘ HIDDEN TREASURE to the damage arising to the owner from the
By treasure is understood, for legal purposes, interference, is much greater. The owner may
any hidden and unknown deposit of money, demand from the person benefited indemnity
jewelry, or other precious objects, the lawful for the damage to him. (Art. 432)
ownership of which the doer not appear. (Art.
439, NCC) TWO (2) REQUIREMENT DISPUTABLE
If the ownership of the treasure is known, but PRESUMPTION OF OWNERSHIP:
the owner is already dead, same will not be 1. actual possession; and
considered “hidden treasure” and must
2. claim of ownership.
therefore go to the owner’s rightful heirs.
REQUISITES IN ACTION TO RECOVER
1. Identity of the property
General Rule: Belongs to the owner of the land, 2. Strength of plaintiff's title (e.g. Torrens
buildings or other property on which it is found. certificate, Titles granted by the Spanish
Government, long and actual possession,
Exceptions: Finder is entitled to ½ of the occupation of a building for a long time without
treasure if:
rentals therefor, testimony of adverse and
1. Made in the property of another or the state or
exclusive possession of ownership corroborated
any of its subdivision;
2. Made by chance; and by tax declaration of properties)
3. The finder is not a trespasser/agent of the
landowner.
ACCESSION
described in the complaint.
2. Accession Continua
a. rent of buildings
b. price of leases of lands and other property
NATURAL FRUITS
c. amount of perpetual or life annuities or
General Rule: To the owner belong to the natural, other similar income
industrial and civil fruits.
Exceptions:
If the thing is:
NOTE: Bonus granted as a reward or as
1. In possession of a possessor in good faith;
compensation to a person who mortgaged and
2. Subject to usufruct;
thus risks his land to secure another’s
3. Leased or pledged;
indebtedness is not considered as Civil Fruits
4. In possession of an antichretic creditor
NOTE: A Mortgagee is not entitled to the fruits if
the mortgaged land/
ACCESSION DISCRETA
RIGHT TO THE FRUITS
Arts. 442-444
Basic Principles of Accession Continua:
RIGHTS OF ACCESSION BADONG-E
HELD:
Article 448 doesn't apply to a case where the
owner of the land is the builder who then later
loses ownership of the land by sale or auction.
Nevertheless, the provision therein on REASONS WHY ALLUVIUM IS GRANTED THE
indemnity may be applied by analogy considering RIPARIAN OWNER
that the primary intent of this provision is to avoid a. to compensate him for the loss he may suffer
a state of forced ownership. due to ersion or the destructive force of the water
The current market value of the and danger from floods
improvements which should be made the basis
of reimbursement to the builder in good faith
The right to retain the improvements b. to compensate him because the property is
while the corresponding indemnity is not paid subject to encumbrances and legal easements
implies the tenancy or possession in fact of the
land on which it is built, planted or sown and c. the interest of agriculture require that the soil be
retention of ownership of the improvements, given to the person who is in the best position to
and necessarily, the income therefrom. cultivate the same
since after all, it cannot be said with certainty from
whom the soil came
Reasons Why Alluvium is Granted the
Riparian Owner
1. To compensate him for the loss he may
suffer due to erosion or the destructive Vda. De Nazareno vs. CA
force of the water and danger from floods.
257 SCRA 589
2. To compensate him because the property is
subject to encumbrances and legal Facts: The subject land is located in Cagayan de
easements. Oro. Said land was formed as a result of sawdust
dumped into the dried up Balancanas Creek and
3. The interests of agriculture require that the along the banks of Cagatan River. In 1979, private
soil be given to the person who is in the respondent Salasalan and Rabaya leased the said
best position to cultivate the same. lots on which their houses stood from Antonio,
petitioner’s predecessor in interest. In 1982,
4. Since after all, it cannot be said with private respondent stopped paying rentals. Antonio
certainty from whom the soil came, it may and petitioner filed an ejectment suit and they
just as well be logically given to him can were ejected. Before Antonio died, he caused the
best utilize the property. approval by the Bureau of Lands the survey plan to
perfect his title over the accretion area claimed by
him. Private respondent however protested. The
District Land officer ordered the cancellation of the
survey plan form Antonio and directed private
respondent to file public land applications.
Issue: Whether the subject land is public land or
private land being an accretion to petitioner’s titled
property applying Article 457 of the New Civil
Code.
Ruling: Since the accretion was for med by the
Requisites of Alluvium: dumping of boulders, soil, sawdust and other filing
materials, it cannot be claimed that the
1. Deposit of soil or sediment be gradual and accumulation of such was gradual and
imperceptible. imperceptible. The deposit was not also due to the
effect of current water. The article excludes all
deposits caused by human intervention. Alluvium
must be the exclusive work of nature. The Whether or not the land forms part of the public
accretion in this case is man-made hence part of domain
the public domain. HELD: YES
HELD:
According to the Law of Waters, the natural bed or
basin of lakes, ponds, or pools is the covered
by their waters when at their highest ordinary
depth—regular, common, natural, which occurs
almost or most of the time during the year.
ISSUE:
B. Avulsion – process whereby the current of General Rule: River bends abandoned through
a river, creek, and torrent segregates from an natural change in the course of the water ipso
estate on its bank a known portion of land and facto belongs to owners whose lands are occupied
transfer it to another state. by the new course in Proportion to Areas Lost.
A: WAB
1. Separation Without injury
2. Accessory is more precious than the principal
3. Owner of the principal acted in Bad faith. (Art.
469, NCC)
1. Acquire 1. Receive
accessory and pay owner payment for value of
of the accessory for its accessory; OR
value; OR 2. GR: Demand
2. Demand separation provided the
separation provided the thing suffers no injury
thing suffers no injury.
XPN: If accessory is more
precious than principal,
he may demand
separation w/ or w/o
injury to the thing.
B. Mixture – combination or union of materials b. If the WORKER is in Bad Faith, the owner
where with respective identities of the component of the material has an option; he-
elements are lost. 1. Can appropriate the work without
paying for the labor;
2. Or he can demand indemnity for the
Two Kinds of Mixture : ComCon material plus damages
a. COMMIXTION- solids are mixed Exception: The option of appropriation is not
b. CONFUSION- liquids are mixed available if the value of the resultant work is more
valuable for artistic and scientific reasons
Two Instances where the action to quiet title Regarding the reliefs given:
or remove a cloud may be Used:
1. Unauthorized mortgages may be cancelled
a. When the contract, instrument, or other 2. In ordinary case, the defendant may in his
obligation has been extinguished or counter-claim ask for quieting of title as
terminated against the plaintiff.
b. When the action is barred by extinctive 3. Injunction may be availed of such as
prescription prohibition to destroy certain properties.
Duty of Plaintiff to make Certain When the action to quiet title will not prosper
Reimbursement 1. It is merely an action to settle dispute
concerning boundaries
2. It involves the proper interpretation and
- The plaintiff must return to the defendant
meaning of a contract or document
all benefits he may have received from the
3. The plaintiff has no title, either legal or
defendant, or reimburse him for expenses
equitable
that may have redounded to the plaintiff’s
4. The action has prescribed and the plaintiff
benefit.
is not in possession of the property
5. The contract, instrument, etc. is void on its
If Plaintiff is in If Plaintiff is out of
face
Possession Possession
6. It is a mere claim or assertion
a.Period does not a. Period prescribes
prescribe b. The right to remove
b.Only right is to cloud, he may also bring
CASES:
remove or prevent the ordinary actions of
cloud ejectment, publiciana or
Gallar vs. Hussain
reivindicatoria within the
L-20954, May 24, 1967
proper prescriptive
periods.
Facts:
Hussain sold a retro in a private
instrument, a parcel of land protected by a Torrens
Title to Chichirita, but the right to purchase was
-principles of the general law on the quieting of never exercised. The buyer sold the land to
title are hereby adopted insofar as they are not in another who in turn sold and delivered the
conflict with Civil Code property in 1919 to Gallar. These subsequent sales
were in private instruments. Gallar who had been
in possession since 1919 sued in 1960 the heirs of
Hussain to compel them to execute a fomal deed 1444). Sps Bucton argues that as owners in actual,
of conveyance so that Gallar could obtain a TCT. continuous and physical possession of the land
The heirs interposed the defense of prescription. since its purchase, their right of action did not
prescribe.
Issues:
a. Is the suit one for specific performance or Issue; WON Sps Bucton’s right of action to compel
quieting of title? Sps Gabar to execute a formal deed of conveyance
b. Has the action prescribed? in their favor, has prescribed.
c. If the heirs of Hussain had been the possessors
of the property would the answer be the same? Held: No.
We find that the "notice of embargo" annotated in HELD: No. The inclusion of Juliana’s land in De
1964 on Jalandoni's title is no longer enforceable Vera’s title was erroneously done. It was shown
and has become a cloud upon his title. Following that Juliana, an unlettered woman, agreed to have
the rule in the Ansaldo case, he and his heirs have Mariano de Vera borrow her title for the purposes
a good cause of action under article 476 of the of Mariano obtaining a loan during de Vera’s
Civil Code for the removal of that state lifetime; that when de Vera registered his portion
encumbrance. of land adjoined to that of Juliana, the latter’s land
was erroneously included.
Moreover, article 478 of the Civil Code provides
that "there may also be an action to quiet title or The error is highlighted by the fact that de Vera’s
remove a cloud therefrom when the contract, widow, in her inventory before she died, attested
instrument or other obligation has been that de Vera’s portion of land is only 5417 sq. m.
extinguished or has terminated, or has been more or less. The discrepancy approximates the
barred by extinctive prescription". (See sec. 112 of portion of land actually being occupied by Juliana.
Act No. 496.) By that, the only portion that can be adjudged in
favor of de Vera’s estate is that which was being
A court of equity will remove a cloud cast upon claimed by the widow (in her inventory). A
title to property by a lien, interest, or title which recalculation must however be made to specify the
has become barred by reason of laches or the exact measure of land belonging to each: 3732 sq
running of the statute of limitations. ... m should be retained by Juliana (portion which she
actually occupies) and 5020 sq. m. should go to de
Liens which were acquired by virtue of judgments Vera’s estate.
or levies of execution, and which have become
barred by limitations or by delay in enforcing
them, and sales based on such hens, have been
held to be removable as clouds. (65 Am Jur 2nd
163-164).
Sources of Co-ownership
1. Law
2. Contract
3. Chance
4. Occupation
5. Succession or will
What are the incidents of a condominium Can the common areas be partitioned?
grant? Under Sec. 7 of the law, except as provided in
Under Sec. 6 of the law, unless otherwise Sec. 8 of the law, the common areas shall
expressly provided in the enabling or master remain undivided, and there shall be no
deed or the declaration of restrictions, the judicial partition thereof.
incidents of a condominium grant are as
follows: When is judicial partition allowed of the
(a) The boundary of the unit granted are the common areas?
interior surfaces of the perimeter walls, floors, Per Sec. 8 of the law, where several persons
ceilings, windows and doors thereof. The own condominiums in a condominium project,
following are not part of the unit bearing walls, an action may be brought by one or more such
columns, floors, roofs, foundations and other persons for partition thereof by sale of the
common structural elements of the building; entire project, as if the owners of all of the
lobbies, stairways, hallways, and other areas of condominiums in such project were co-owners
common use, elevator equipment and shafts, of the entire project in the same proportion as
central heating, central refrigeration and their interests in the common areas: Provided,
central air-conditioning equipment, reservoirs, however, That a partition shall be made only
tanks, pumps and other central services and upon a showing:
facilities, pipes, ducts, flues, chutes, conduits, (a) That three years after damage or destruction
wires and other utility installations, wherever to the project which renders material part
located, except the outlets thereof when thereof unit for its use prior thereto, the
located within the unit. project has not been rebuilt or repaired
(b) There shall pass with the unit, as an substantially to its state prior to its damage or
appurtenance thereof, an exclusive easement destruction, or
for the use of the air space encompassed by (b) That damage or destruction to the project has
the boundaries of the unit as it exists at any rendered one-half or more of the units therein
particular time and as the unit may lawfully be untenantable and that condominium owners
altered or reconstructed from time to time. holding in aggregate more than thirty percent
Such easement shall be automatically interest in the common areas are opposed to
terminated in any air space upon destruction of repair or restoration of the project; or
the unit as to render it untenantable. (c) That the project has been in existence in
excess of fifty years, that it is obsolete and
uneconomic, and that condominium owners
holding in aggregate more than fifty percent (2) For maintenance of insurance policies,
interest in the common areas are opposed to insuring condominium owners against loss by
repair or restoration or remodeling or fire, casualty, liability, workmen’s
modernizing of the project; or compensation and other insurable risks, and
(d) That the project or a material part thereof has for bonding of the members of any
been condemned or expropriated and that the management body;
project is no longer viable, or that the (3) Provisions for maintenance, utility, gardening
condominium owners holding in aggregate and other services benefiting the common
more than seventy percent interest in the areas, for the employment of personnel
common areas are opposed to continuation of necessary for the operation of the building, and
the condominium regime after expropriation or legal, accounting and other professional and
condemnation of a material portion thereof; or technical services;
(e) That the conditions for such partition by sale (4) For purchase of materials, supplies and the
set forth in the declaration of restrictions, duly like needed by the common areas;
registered in accordance with the terms of the (5) For payment of taxes and special assessments
Act, have been met. which would be a lien upon the entire project
or common areas, and for discharge of any lien
When is the Declaration of Restrictions or encumbrance levied against the entire
binding? What is its effect? project or the common areas;
(6) For reconstruction of any portion or portions
Under Sec. 9 of the law, the owner of a of any damage to or destruction of the project;
condominium project shall, prior to the (7) The manner for delegation of its powers;
conveyance of any condominium therein, (8) For entry by its officers and agents into any
register a declaration of restrictions relating to unit when necessary in connection with the
such project, which restrictions shall constitute maintenance or construction for which such
a lien upon each condominium in the project, body is responsible;
and shall insure to and bind all condominium (9) For a power of attorney to the management
owners in the project. Such liens, unless body to sell the entire project for the benefit of
otherwise provided, may be enforced by any all of the owners thereof when partition of the
condominium owner in the project or by the project may be authorized under Section 8 of
management body of such project. The this Act, which said power shall be binding
Register of Deeds shall enter and annotate the upon all of the condominium owners regardless
declaration of restrictions upon the certificate of whether they assume the obligations of the
of title covering the land included within the restrictions or not.
project, if the land is patented or registered (b) The manner and procedure for amending such
under the Land Registration or Cadastral Acts. restrictions: Provided, That the vote of not less
than a majority in interest of the owners is
What does the Declaration of Restrictions obtained.
provide? (c) For independent audit of the accounts of the
The declaration of restrictions shall provide for management body;
the management of the project by anyone of (d) For reasonable assessments to meet
the following management bodies: a authorized expenditures, each condominium
condominium corporation, an association of the unit to be assessed separately for its share of
condominium owners, a board of governors such expenses in proportion (unless otherwise
elected by condominium owners, or a provided) to its owners fractional interest in
management agent elected by the owners or any common areas;
by the board named in the declaration. It shall (e) For the subordination of the liens securing
also provide for voting majorities quorums, such assessments to other liens either
notices, meeting date, and other rules generally or specifically described;
governing such body or bodies. (f) For conditions, other than those provided for in
Sections eight and thirteen of this Act, upon
Such declaration of restrictions, among other which partition of the project and dissolution of
things, may also provide: the condominium corporation may be made.
(a) As to any such management body; Such right to partition or dissolution may be
(1) For the powers thereof, including power to conditioned upon failure of the condominium
enforce the provisions of the declarations of owners to rebuild within a certain period or
restrictions; upon specified inadequacy of insurance
proceeds, or upon specified percentage of
damage to the building, or upon a decision of
an arbitrator, or upon any other reasonable members or stockholders in the corporation.
condition. After such transfer or conveyance, the
provisions of the Act governing undivided co-
What is the effect if the common areas in a ownership of, or undivided interest in, the
condominium project are held by a common areas in condominium projects shall
condominium corporation? fully apply.
Under Sec. 10 of the law, whenever the
common areas in a condominium project are While the enabling or master deed is not yet
held by a condominium corporation, such revoked, can the condominium corporation be
corporation shall constitute the management voluntarily dissolved?
body of the project. The corporate purposes of Under Sec. 13 of the law, until the enabling or
such a corporation shall be limited to the the master deed of the project, in which the
holding of the common areas, either in condominium corporation owns or holds the
ownership or any other interest in real common area, is revoked, the corporation shall
property recognized by law, to the not be voluntarily dissolved through an action
management of the project, and to such other for dissolution under Rule 104 of the Rules of
purposes as may be necessary, incidental or Court except upon a showing:
convenient to the accomplishment of said (a) That three years after damage or destruction
purposes. The articles of incorporation or by- to the project in which the corporation owns or
laws of the corporation shall not contain any holds the common areas, which damage or
provision contrary to or inconsistent with the destruction renders a material part thereof
provisions of the Act, the enabling or master unfit for its use prior thereto, the project has
deed, or the declaration of restrictions of the not been rebuilt or repaired substantially to its
project. state prior to its damage or destruction; or
(b) That damage or destruction to the project has
Is membership in a condominium project rendered one-half or more of the units therein
transferrable? untenantable and that more than thirty percent
Membership in a condominium corporation, of the members of the corporation, if non-
regardless of whether it is a stock or non-stock stock, or the shareholders representing more
corporation, shall not be transferable than thirty percent of the capital stock entitled
separately from the condominium unit of which to vote, if a stock corporation, are opposed to
it is an appurtenance. When a member or the repair or reconstruction of the project, or
stockholder ceases to own a unit in the project (c) That the project has been in existence in
in which the condominium corporation owns or excess of fifty years, that it is obsolete and
holds the common areas, he shall uneconomical, and that more than fifty percent
automatically cease to be a member or of the members of the corporation, if non-
stockholder of the condominium corporation. stock, or the stockholders representing more
than fifty percent of the capital stock entitled
What is the term of the condominium to vote, if a stock corporation, are opposed to
corporation? the repair or restoration or remodeling or
Per Sec. 11 of the law, the term of a modernizing of the project; or
condominium corporation shall be co-terminus (d) That the project or a material part thereof has
with the duration of the condominium project, been condemned or expropriated and that the
the provisions of the Corporation Law to the project is no longer viable, or that the
contrary notwithstanding. members holding in aggregate more than
seventy percent interest in the corporation, if
What happens to the common areas in the non-stock, or the stockholders representing
event of an involuntary dissolution? more than seventy percent of the capital stock
Per Sec. 12 of the law, in case of involuntary entitled to vote, if a stock corporation, are
dissolution of a condominium corporation for opposed to the continuation of the
any of the causes provided by law, the condominium regime after expropriation or
common areas owned or held by the condemnation of a material portion thereof; or
corporation shall, by way of liquidation, be (e) That the conditions for such a dissolution set
transferred pro-indiviso and in proportion to forth in the declaration of restrictions of the
their interest in the corporation to the project in which the corporation owns of holds
members or stockholders thereof, subject to the common areas, have been met.
the superior rights of the corporation creditors.
Such transfer or conveyance shall be deemed Under what other circumstance may a
to be a full liquidation of the interest of such condominium corporation be dissolved?
Under Sec. 14 of the law, the condominium
corporation may also be dissolved by the ◘ The buyer of a unit in a condominium acquires
affirmative vote of all the stockholders or ownership over the unit only after he has paid in
members thereof at a general or special full its purchase price. The ownership of a
meeting duly called for the purpose: Provided, condominium unit is the “separate interest” of the
That all the requirements of Section 62 of the owner which makes him automatically a
Corporation Law are complied with. shareholder in the condominium. (Condominium
Corp. vs. Campos, Jr., 104 SCRA 295).
May the condominium corporation sell or
dispose of the members’ separate interests? ◘ The act of a subdivision developer of mortgaging
Under Sec. 15 of the law, unless otherwise the subdivision without notifying an installment
provided for in the declaration of restrictions buyer is voilative of PD 957. Said case falls under
upon voluntary dissolution of a condominium the exclusive jurisdiction of the HLURB (Union
corporation in accordance with the provisions Bank vs. HLURB, 210 SCRA 558)
of Sections thirteen and fourteen of the Act,
the corporation shall be deemed to hold a ◘ A co-owner is an owner of the whole and over
power of attorney from all the members or the whole, he exercises the right of dominion, but
stockholders to sell and dispose of their he is, at the same time, the owner of a portion
separate interests in the project and liquidation which is truly abstract. (De Guia vs. CA GR
of the corporation shall be effected by a sale of 120864, October 8, 2003)
the entire project as if the corporation owned
the whole thereof, subject to the rights of the ◘ In co-ownership, sale by one of the co-owners
corporate and of individual condominium pertains to his share only. (Coronel vs. CA GR
creditors. 121069, February 7, 2003)
SUBTERRANEAN WATERS
P.D 1067
- A decree instituting a water code, thereby
- Domestic use (drinking, cooking) revising and consolidating the laws governing the
- Agricultural use or power development ownership, appropriation, exploitation,
for agricultural purposes development, conservation and protection of water
resources.
- Industrial uses
Art. 507 Use of waters of private ownership - Water from rainfall either artificial or
natural
RIPARIAN RIGHTS
- Water from agricultural runoff, seepage
A. Right to the natural flow of the waters and drainage
B. Right of access to and use of the waters
e. Atmospheric water Duration of Marks
A. Injunction
B. Seizure and destruction of all necessary
a. Continuous or intermittent waters rising on
paraphernalia
such lands
b. Lakes and lagoons naturally occurring on C. Damages, which consist of
such lands
c. Rain water falling on such lands (i) Reasonable profit the complainant
would have made
d. Subterranean or ground waters
(ii) Actual profit which inringer made
e. Waters in swamps and marshes
2. MINERALS A. Abandonment
B. Registration is fraudulent or illegal
POSSESSION
The holding of a thing or the enjoyment of a right DEGREES OF POSSESSION
(Art. 523) either by material occupation or by the
fact of subjecting the thing or right to the action of 1. Possession with No right or title‐ possessor
our will. knows that his possession is wrongful,
4.With a title in fee Simple ‐ springs from Q: Is it possible for a person who has been
ownership; highest degree of possession. declared as the owner of a certain property
not to be entitled to its possession?
DISTINCTION BETWEEN GOOD FAITH & BAD -Only the possession acquired and enjoyed in the
FAITH IN POSSESSION concept of owner. (Art. 540, NCC)
EFFECTS OF POSSESSION
Characteristics
1. real right of use and enjoyment USUFRUCT EASEMENT
of property owned by another Includes all uses of Limited to a specific
2. of a temporary duration the property and for use.
3. transmissible all purposes, including
4. may be constituted on real or jus fruendi.
personal property, on tangibles Constituted on an Constituted on an
or intangibles immovable property. immovable property.
Extinguished by the Not extinguished by
death of the the death of the
usufructuary, unless owner of the dominant
◘ DISTINCTION BETWEEN USUFRUCT AND contrary intention estate.
LEASE appears.
1. As to nature of right - Usufruct is always a Contemplates only Contemplates two
real right, whereas lease becomes a real right one property (real or estates belonging to
only when registered; personal) whereby the two different owners.
2. As to constitution – Usufruct is constituted by usufructuary uses and
law, by the will of private persons expressed in enjoys the property as
acts inter vivos or in a last will or testament, well as its fruits, while
and by prescription; whereas lease is a rule another owns the
constituted by contract; naked title during the
3. As to the person constituting it - In period of the usufruct.
usufruct, the person constituting it is the Usufruct may be Cannot be alienated
owner, whereas in lease the person alienated separately separately from the
constituting it need not be the owner; from the property to property to which it
4. As to extent – Usufruct includes the right to which it attaches. attaches.
use and to enjoy the fruits (jus utendi and jus
fruendi) of the thing, whereas lease is more
limited; Art. 564
5. As to duration – There is no limitation to the CLASSIFICATION OF USUFRUCT ACCORDING
duration of a usufructuary right, whereas there TO QUANTITY OR EXTENT (OF FRUITS OR
is a limitation to the duration of a lease right; OBJECT)
6. As to repairs – The usufructuary is responsible a. As to fruits – total or partial
for ordinary repairs, whereas the lessee is not; b. As to object – universal (if entire
and patriomony) or singular or particular (if
7. As to taxes – The usufructuary is responsible only individual things)
for taxes on the fruits, whereas in lease, the
lessee is not.
CLASSIFICATION OF USUFRUCT AS TO THE
NUMBER OF PERSONS ENJOYING THE RIGHT
a. Simple – if only one Usufructuary
enjoys
OBJECT OF USUFRUCT b. Multiple – if several usufructuaries
a. May be real or personal property enjoy
b. May be sterile or productive (fruitful 1. Simultaneous – at the same time
things) 2. Successive – one after another
c. May be created over a right (as long as it
is not strictly personal or intransmissible,
and as long as it has an independent Classification of usufruct as to the QUALITY
existence). or KIND of OBJECTS involved
a. Usufruct over rights
b. Usufruct over things 3. Rights to transfer usufructuary but is co-
-normal terminus with the term of usufruct. (Art. 572)
-abnormal he may alienate (sell, donate,
bequeath, or devise) the usufructuary
RIGHT (except a legal usufruct)
he may pledge or mortgage the
ABNORMAL USUFRUCT usufructuary right BUT he cannot
Those where the usufructuary does not have the pledge or mortgage the thing itself
obligation of preserving the form and the because he does not own the thing.
substance of the property which is the object of
the usufruct, 4. Right to exempt from execution and can be sold
at public auction by the owner.
How Constituted:
6. Naked owner still have rights but without
prejudiced to the usufructuary; may still
1. By law exercise rights of ownership.
2. By will of private persons in act inter vivos
3. By will of private persons expressed in the last 7. Rights to fruits growing at time of usufructuary;
will and testament growing fruits at termination of usufruct
4. By prescription. belongs to owner. (Art. 567)
Fruits pending at the beginning of the
usufruct belong to the usufructuary,
CAUCION JURATORIA with no obligation to refund the
a sworn duly to take good care of the property of expenses of the owner
another and return same as the end of the But, if expenses for production were
usufruct. incurred by third persons, they must
Requisites: be reimbursed
1. Proper court petition. Fruits growing at the time of the
2. Necessity for delivery of furniture, termination of the usufruct belong to
implements or house the owner, but the usufructuary must
3. Approval of the court be reimbursed from the proceeds of
4. Sworn promise such fruits for his production expenses.
Note: This does not apply if usufructuary is 8. Right to necessary expenses from cultivation at
exempted from giving security. end of usufruct.
18. Right to demand the increase in value of DOUBLE SALE BY NAKED OWNER
property if owner did not spend for The naked owner is ordinarily not allowed
extraordinary repairs when urgent and to sell the usufructuary to another after
necessary for preservation of thing (Art. 594). having sold it first to the usufructuary; but
if he does so, Art. 1544 relating to double
sale applies. Thus, if the second buyer in
As a rule, the lease executed by the good faith registers the usufruct, he can
usufructuary should terminate at the end of the oust the first buyer who did not register,
usufruct or earlier, except in the case of leases of even though the latter be in the
rural lands (Art. 572), because in said case, if the possession. The right of the first
usufruct ends earlier than the lease, it continues usufructuary would be to proceed against
for the remainder of the agricultural year. the naked owner for breach of the
warranty against eviction.
It is not the naked owner, but the usufructuary
that has the right to choose the tenant.
Requisites:
1. No constructions can be built or plantings made 1. No proprietor shall make such excavations upon
near fortified places or fortresses without his land as to deprive any adjacent land or
compliance with the conditions required in bilding of sufficient lateral or subjacent
special laws, ordinances, and regulations support.
relating thereto.
2. Any stipulation or testamentary provision
Reason: public safety. allowing excavations that cause danger to an
adjacent land or building shall be void.
2. In the construction of any aqueduct, well,
sewer, furnace, forge, chimney, etc. The 3. Not only for buildings standing at the time of
person building shall follow the distances excavations, but also for constructions that
prescribed by the regulations (ordinances) and may be erected.
customs, if there be any, otherwise take
precautions.
◘ MODES OF ACQUIRING EASEMENTS:
3. No trees shall be planted near a tenement or
piece of land belonging to another, except 1. By the title ;
when authorized by: 2. by prescription of 10 years (continuous and
a. ordinances apparent easements);
b. customs a. Positive – counted from the time of the
c. civil code opening of the window. If it is through a
1) Tall trees – 2 meters from boundary party wall.
b. Negative – counted from the formal
line to center of tree
prohibition on the servient owner
2) Small trees or shrubs – 50 cm from 3. by deed of recognition;
boundary line to center of tree or shrub 4. by final judgment; and
5. by apparent sign established by the owner of
4. Intrusions or Extensions of Branches and Roots the two adjoining estates.
REGISTRY OF
PROPERTY
2. INTELLECTUAL
IMPORTANT DOCTRINES/PRINCIPLES:
*A thing that has been lost or taken by force is not CREATION
ipso facto converted to res nullius for it to
belong to the person who takes possession of Mode where the author acquires ownership over
the same without the necessity of proving the the products of his intellect and consists,
mode of his acquisition and it may thus be fundamentally, in the power to authorize or refuse
recovered by the original owner (See Art. 559). the publication or production of such creations or
Such thing cannot be acquired by prescription products (Please read the notes on Commercial
even if extraordinary. Law: Intellectual Property Rights)
*Land cannot be the object of occupation because
when land is without an owner, it pertains to
The following persons acquire ownership by virtue
the State (Report of Code Commission).
of intellectual creation (Art. 721):
REQUISITES:
1. Donor must have capacity to make the
WHEN OWNERSHIP IS ACQUIRED donation
2. He must have donative intent (animus
donandi)
The author, the composer, the painter, the 3. There must be delivery
sculptor or other artists, the scientists and the 4. Donee must accept or consent to the
inventors acquire ownership over their works from donation
the moment of creation, even before the same are
published, copyrighted or patented. (Art. 721-722, ESSENTIAL FEATURES/ELEMENTS OF A TRUE
NCC) DONATION:
a. Consent, subject matter, cause (as in other
Being the owner thereof, the creator has contracts)
b. The necessary form (including delivery in
absolute control over his work and he may do some cases)
anything with it as he pleases, including the right to c. Consent or acceptance by donee during
share it with others. He also enjoys the exclusive donor’s lifetime
right to its publication—but this exclusive right is d. Irrevocability by the donor (except for legal
causes)
limited only to the first publication. (Santos v.
c. Intent to benefit the donee (Animus
McCullough Printing, 12 SCRA 321) donandi)
d. Consequent impoverishment of the donor
Ownership of Letters - With respect to the (diminution of his assets)
ownership of letters and other private
communications in writing, a distinction must be CLASSIFICATION of DONATIONS:
made between the material or physical object (the 1. As to their effectivity:
letter itself) and the ideas or thoughts contained in a. Donations inter vivos
the letter (its contents). (Art. 723) b. Donation morits causa
c. Donation propter nuptias 7. Acceptance by donee mortis causa can only be
done after the donor’s death; any prior
2. As to perfection or extinguishment: acceptance is immaterial or void;
a. Pure (immediately demandable) 8. Always revocable at any time and for any reason
b. With condition before the donor’s death;
c. With term 9. Subject to estate tax.
3. As to consideration:
a. Simple - gratuitous
b. Remuneratory or compensatory –
FORMALITIES IN DONATIONS:
made on account of donee’s merits
1. Formalities of movable property
c. Modal–impose upon the donee a burden
a. With simultaneous delivery of property
which is less than the value of the thing
donated:
donated.
i. if value is P5,000.00 or less – may
be made orally or in writing.
ii. if value exceeds P5,000 - shall be
DONATIONS INTER VIVOS & MORTIS CAUSA made in writing; otherwise, it shall
DISTINCTIONS AS TO FORM AND EFFECT be void.
INOFFICIOUS DONATIONS
1. Those referred to in Articles 760 and 761 (where
the donor at the time of donation either had no
children or thought he had no more).
2. Those referred to in Art. 771-772 (where the
donor had at least one child already at the
time he made the donation). 4. PRESCRIPTION
ACTS OF INGRATITUDE (ART. 765) Acquisition of ownership and other real rights
1. If the donee should commit some offense through the lapse of time in the manner and under
against the person, the honor or property of the conditions laid down by law
the donor, or of his wife or children under his
In the same way, “rights and actions are lost by
parental authority;
prescription” (Art. 1106, NCC)
2. He imputes to the donor any criminal offense,
or any act involving moral turpitude, even
though he should prove it, unless the crime or Persons with capacity to alienate property may
the act has been committed against the donee renounce prescription already obtained, but not
himself, his wife or children under his the right to prescribe in the future. Prescription is
authority; and deemed to have been tacitly renounced when the
3. He unduly refuses him support when the renunciation results from acts which imply the
donee is legally or morally bound to give abandonment of the right acquired. (Art. 1112,
support to the donor. NCC)
Who May Acquire By Prescription 1. Just title is proved
1. Person who is capable of acquiring property by 2. Within the time fixed by law (10 years for
other legal modes movables, 30 years for immovables)
2. State 3. In the concept of an owner
3. Minors – through guardians
4. Public, peaceful and uninterrupted
Against Whom Prescription Run
1. Minors and incapacitated person who have
guardians
2. Absentees who have administrators 2. Extinctive prescription – rights and actions
3. Persons living abroad who have administrators are lost through the lapse of time.
4. Juridical persons except the state with regards
to property not patrimonial in character GOOD FAITH
5. Between husband and wife Reasonable belief that a person who
6. Between guardian and children (during transferred thing is the owner and could validly
minority/insanity) transmit ownership (Positive Aspect, Art. 1127,
7. Between guardian and ward (during NCC)
guardianship) Ignorance of the possessor of any flaw of
8. Between co-heirs/co-owners acquisition (Negative Aspect, Arts. 1128, 526,
9. Between owner of property and person in NCC)
possession of property in concept of holder It must exist throughout the entire period
required for prescription
All things within the commerce of man. Such as
patrimonial property and patrimonial property of JUST TITLE
the state, are subject to prescription/ There is just title when the adverse claimant came
Public domain, intransmissible rights, movables into the possession of the property through one of
possessed through a crime and registered land are the modes recognized by law for the acquisition of
not subject to prescription. ownership or other real right, but the grantor was
not the owner or could not transmit any right.
Requisites:
◘ KINDS OF PRESCRIPTION 1. It must be proved and never presumed;
2. Capacity to acquire prescription;
1) Acquisitive Prescription – one acquires 3. The object must be susceptible of prescription;
ownership and other real rights through the lapse 4. The possession must be in concept of owner,
of time. public, peaceful, continuous, and uninterrupted;
and
a. Ordinary Acquisitive Prescription – requires 5. The period of possession must be 8 years if the
possession of things in good faith and with just object is movable or 30 years if it is immovable.
title for the time fixed by law;
◘ INTERRUPTION OF PRESCRIPTION
Requisites: 1. Naturally – when through any cause, the
possession shall cease for more than one year
(Arts. 1120, 1121, NCC) if the interruption is
1. Possession in good faith for only one year or less, the time elapsed
2. Just title shall be counted in favor of the prescription.
3. Within the time fixed by law (4 years for (Art. 1122)
movables and 8 years for immovables) 2. Civilly – when there is a judicial summons to
4. In the concept of an owner the possessor. (Art. 1123)
5. It must be public, peaceful and uninterrupted Exceptions:
a) If it should be void for lack of legal
b. Extraordinary Acquisitive Prescription - solemnities
acquisition of ownership and other real rights b) If the plaintiff should desist from the
without need of title or of good faith or any other complaint or should allow the proceedings
condition; to lapse; and
c) If the possessor should be absolved from
the complaint
Requisites:
3 Express or tacit recognition by the possessor of
the owner’s right. Possession in wartime.
adverse, peaceful and
uninterrupted.
OBLIGATIONS AND
A. GENERAL PRINCIPLES
CONTRACTS Obligation
SOURCES OF OBLIGATION
I. OBLIGATIONS 1. Law
Must be expressly or impliedly set forth and cannot
be presumed.
2. Contract 2) Damages exclusive or in addition to the
Must be complied with in good faith. remedy at the option of the creditor
The law between the parties B. Generic Obligations
Parties are allowed to enter into any stipulations, 1) Specific performance
provided they are not contrary to law, morals, 2) To demand that obligation be complied
good customs, public order or public policy. with at the expense of the debtor, and
3) Damages
3. Quasi-Contract
Juridical relations resulting from a lawful, voluntary Obligations of the Debtor
and unilateral act, and which has for its purpose, A. Determinate Obligations:
the payment of indemnity to the end that no one 1) Specific performance
shall be unjustly enriched r benefited at the 2) Take care of the thing with proper diligence
expense at the expense of another. 3) Deliver all accessions and accessories
4) Pay for damages in case of breach by
reason of delay, fraud, negligence or
Two Kinds of Quasi-Contracts contravention of the tenor thereof
a. Negotiorum Gestio
Unauthorized management; this takes place when B. Generic Obligations:
a person voluntarily takes charge of another’s 1) Deliver the thing which is neither of
abandoned business or property without the superior nor inferior quality; and
owner’s authority. 2) Pay damages in case of breach of
b. Solutio Indebiti obligation.
Undue payment; this tales place when something
is received when there is no right to demand it, ◘ BREACH OF OBLIGATIONS
and it was unduly delivered thru mistake. 1. Voluntary – debtor, in the performance of the
obligation, is guilty of:
4. Delict a. default (mora)
See appropriate provisions of the Revised Penal b. fraud (dolo)
Code (Art. 100 RPC). c. negligence (culpa)
Civil liability arising from crimes include restitution, d. contravention of the tenor of the obligation
reparation of damage caused and indemnity for Note: debtor is liable for damages
consequential damages.
Effect Of Acquittal: if acquittal is due to 2. Involuntary – debtor is unable to comply with
reasonable doubt, there is no civil liability. If the his obligation because of fortuitous event
acquittal is due to exempting circumstance or Note: debtor is not liable for damages
there is preponderance of evidence, there is civil
liability.
◘ DELAY (MORA) – Incurred from the moment the
5. Quasi-Delict obligee judicially or extra-judicially demands the
It is a fault or act of negligence which causes fulfillment of the obligation.
damage to another, there being no pre-existing
contractual relations between the parties. General Rule: There must be a demand before
delay may be incurred.
Requisites of Obligation Exceptions:
1. Juridical tie (vinculum juris) 1. Time is of the essence
2. Active subject (obligee or creditor) 2. Obligation or law expressly declares
3. Passive subject (obligor or debtor) 3. Demand is useless as when obligor has
4. Prestation (object of the obligation) rendered it beyond his power to perform
4. There is an acknowledgement of default
Accessory Obligations
1. Exercise due diligence/preserve the thing
2. Delivery of fruits Classification of Delay (MORA)
3. Delivery of accessories and accessions 1. Mora solvendi (delay of the debtor)
Mora sovendi ex person – demand is
necessary.
Rights of the Creditor: Mora sovendi ex re – demand is not
A. Determinate Obligations: necessary.
1) Specific performance and 2. Mora accepiendi (delay of the creditor)
3. Compensatio morae (mutual delay of the Essential Characteristics of a Fortuitous Event
parties); has the effect of canceling the 1. Cause is independent of the will of the debtor;
liabilities of the parties. 2. Impossibility of foreseeing or impossibility of
avoiding it to be foreseen even if foreseen;
Fraud (DOLO) – Must be present during the 3. Occurrence renders it impossible for debtor to
performance of the obligation and not fraud at the fulfill his obligation in a normal manner; and
time of the birth of the obligation (CAUSAL OR 4. Debtor is free from any participation in the
INCIDENTAL FRAUD). aggravation of the injury to the creditor.
Negligence (CULPA) – Consists in the omission of The lessee failed to employ reasonable foresight,
that diligence which is required by the nature of diligence and care that would have exempted it
the circumstances of the persons of the time and from liability resulting from the burning of the
of the place. truck. Negligence as commonly understood, is that
conduct that naturally or reasonably creates undue
Diligence Required risk or harm to others. It may be a failure to
1. That agreed upon by the parties; observe that degree of care, precaution or
2. In the absence of stipulation, that required by vigilance that the circumstances justly demand.
law in the particular case; and (Valenzuela vs. CA, 253 SCRA 303; Quibal vs.
3. If both the contract and law are silent, Sandiganbayan, 244 SCRA 224; Citibank vs.
diligence of a good father of a family. Gatchalian, 240 SCRA 212) or to do any other act
that would be done by a prudent and reasonable
Incidental Fraud Causal Fraud person, who is guided by consideration that
(Dolo Incidente) (Dolo Causante) ordinarily regulate the conduct of human affairs.
Present during the Present during the (Layuga vs. IAC, 167 SCRA 363; Buillan vs. COA,
performance of a pre- time of birth of the 300 SCRA 445; Minder Resources Development vs.
existing obligation. obligation Morillo, GR 138123, March 2002)
Purpose is to evade Purpose is to secure
the normal fulfillment the consent of the In order that a common carrier may be absolved
of the obligation. other to enter into a from liability where the loss, destruction or
contract. deterioration or the goods is due to a natural
Results in the non- Results in the vitiation disaster or calamity, it must further be shown that
fulfillment or breach of consent. such natural disaster or calamity was the
of the obligation. proximate and only cause of the loss (Art. 1739,
Gives rise to a right of Gives rise to a right of NCC). There must be an entire exclusion of human
the creditor to recover an innocent party to agency from the cause of the injury or the loss.
damages from the annul the contract. Moreover, even in cases where natural disaster is
debtor. the proximate and only cause of the loss, a
common carrier is still required to exercise due
diligence to prevent or minimize loss before, during
and after the occurrence of the natural disaster, for
◘ FORTUITOUS EVENT – an event which could not it to be exempt from liability under the law for the
be foreseen, or which, though foreseen is loss of the goods (Art. 1739, NCC). If a common
inevitable. carrier fails to exercise due diligence or that
ordinary care which the occasion of a natural
General Rule: No liability in case of fortuitous disaster, it will be deemed to have been negligent
event. and the loss will not be considered as having been
Exceptions: due to a natural disaster under Article 1734
1. By contrary stipulation in the contract; (Philippine American General insurance Co. vs.
2. Declared by law; MGG Marine Services, Inc., GR 135645, Mar. 8,
E.g. Art. 552(2), 1165(3), 1268, 1942, 2147, 2002)
2148 and 2159 of the Civil Code.
3. Nature of the obligation requires assumption of
risk when expressly declared by law
4. When the obligor is in default or has promised B. KINDS OF OBLIGATION
to deliver the same thing to 2 or more persons 1) Pure and Conditional
who do not have the same interest (Art. 2) Obligation with a period
1165(3)). 3) Alternative and Facultative
4) Joint and Solidary
5) Divisible and indivisible 2. Upon fulfillment of the
6) Obligation with a penal clause condition, the parties shall return to each other
what they received including the fruits.
◘ PURE OBLIGATION
Loss, Deterioration and Improvement (During
the Pendency of the Condition)
Effectivity or extinguishment does not depend 1. Loss
upon the fulfillment or non-fulfillment of a Without debtor’s fault – obligation is
condition or upon the expiration of a term or extinguished.
period. With debtor’s fault – debtor pays damages.
2. Deterioration
CONDITIONAL OBLIGATION Without debtor’s fault – obligation is
extinguished.
With debtor’s fault – creditor may
Effectivity is subordinate to the fulfillment or non- choose between the rescission of the obligation
fulfillment of a future and uncertain fact of event. and its fulfillment with indemnity for damages
in either case.
Kinds of Conditions: 3. Improvements
1) Suspensive – fulfillment of the condition By the thing’s nature or by time –
results in the acquisition of rights arising out of improvement shall inure to the benefit of the
the obligation creditor
2) Resolutory - fulfillment of the condition At the debtor’s expense – debtor shall have no
results in the extinguishments of rights arising other right that that granted to a usufructuary
out of the obligation
3) Potestative - fulfillment of the condition
depends upon the will of a party to the A Thing is Lost when it:
obligation
4) Casual – fulfillment of the condition depends 1. Perishes;
upon chance and/or upon the will of a third 2. Goes out of commerce (selling children as
person slaves, prohibited by law);
5) Mixed – fulfillment of the condition depends 3. Disappears in such a way that its existence is
partly upon chance and/or the will of a third unknown or it cannot be recovered (cargo
person sinks with ship).
6) Possible – condition is capable of realization
according to nature, law, public policy and
good customs Reciprocal Obligations
7) Impossible – condition is not capable of Those which are created or
realization according to nature, law, public established at the same time, out of the same
policy and good customs cause, and which result in mutual relationships of
8) Positive – condition involves the performance creditor & debtor between the parties
of an act
9) Negative – condition is susceptible of partial
realization TACIT RESOLUTORY CONDITION
10) Divisible – condition is susceptible of partial If one of the parties fails to comply
realization with what is incumbent upon him, there is a right
11) Indivisible – condition is not susceptible of on the part of the other to rescind the obligation.
partial realization
12) Conjunctive – where there are several Right to Rescind
conditions, all of which must be realized General Rule: The right to rescind needs judicial
13) Alternative – where there are several approval.
conditions but only one must be realized. Exceptions:
1. If there is an express stipulation of automatic
Rule in Potestative Conditions rescission
1. Before the fulfillment of 2. When the debtor voluntarily retuned the thing
the condition, the right which the creditor has
already acquired by virtue of the obligation is
required by virtue of the obligation is subject
to a threat of extinction.
◘ OBLIGATION WITH A PERIOD
Consequences are subjected in one ◘ ALTERNATIVE OBLIGATION –
way or another to the expiration of the period or Debtor may give the creditor wither one of several
term. prestations (to give, to do, or not to do).
Compensation Payment
Requisites: Takes place ipso jure. Takes effect by act of
the parties.
Characters of creditors and debtors must Capacity to give and Capacity to give and
be in the same person. acquire not essential. acquire is essential.
Take place in the person of either the As a rules, partial. As a rule, couple are
principal creditor or the principal debtor. indivisible.
Complete and definite.
Compensation Confusion
There must be two There is only one
persons who, in their person in whom is
Kinds: own right, are creditor merged the qualities of
1. As to cause or constitution and debtors with each creditor and debtor.
Inter Vivos – constituted by agreement of the other.
parties. Must be at least two. There is only one.
Mortis Causa – by succession.
2. As to extent or effect:
Total – if it results in the extinguishment of the Kinds of Compensation
entire obligation.
Partial – only a part is extinguished. A. As to cause:
1. Legal – take effect by operation of law from the
moment all requisites are present.
2. Voluntary – parties who are mutually creditor
and debtors agreed to compensate their
respective obligation, even though requisites
are not present.
3. Judicial – takes effect by judicial decree
B. As to effect:
◘ COMPENSATION 1. Total – debts are equal in amount.
2. Partial – not equal in amount.
Extinguishment in the concurrent amount
of the obligation of those persons who are
reciprocally debtors and creditors of each Right of Guarantor to Set up Compensation
other. Exception for the rule that principal debtor
can only set up compensation with the creditor
for what the latter owes to him. (Art. 1279 in
relation to 1278)
Requisites: The guarantor, in case the payment of the
debt was demanded from him, may set up
1. Two parties, who, in their own right, are compensation, not only for what such creditor
principal creditors and principal debtors of owes him, but also for what such creditor owes
each other. the principal debtor.
2. Both debts must: Basis: Bond of the guarantor cannot be
a. Consists in money or of the same kind resorted to as long as the debtor can pay
and quality. although it may be in the abbreviated form or
b. Due, liquidated and demandable. compensation and also on the fact that if the
3. No retention or controversy commenced by principal obligation is extinguished, the
3rd persons over either of the debts and accessory obligation of the guarantor is also
communicated in due time to the debtor. extinguished since it is subordinated thereto.
4. Not prohibited by law.
Judicial Compensation
In reality, what is set up with the other party is
a counterclaim.
A counterclaim must be pleaded to be Compensation with Knowledge but Without
effectual; whereas compensation takes place Consent of Debtor
by mere operation of law. 1. If notification preceded the assignment, the
Hence, counterclaim defined by Rules of Court effects of the assignment are produced from
is not the legal compensation contemplated by the time it is made and not from the time the
the Code. notification is given. Consequently, debtor can
Reason: The very nature of counter claim can set up the defense of compensation of debts
have no effect unless it is pleaded. contracted prior to the assignment.
2. If made simultaneously, debtor can set up a
defense of compensation.
Rules in Case of Rescissible or Voidable Debts 3. Of notification is made after the assignment
(Art. 1284) had already made, it is evident that the
Above rule is an exception to the general rule assignment must have been effected without
of demandability in order that compensation the knowledge and consent of the debtor in
shall take place. which case the provision of Article 1285 is
Justified by the fact that rescissible or voidable applicable.
obligations are considered demandable while
the vices with which they are tainted are not
yet judicially declared. Debts Not Susceptible of Compensation
Consequently, if the action for rescission or 1. Arising from contract of deposit.
annulment is not exercised, or is renounced, or 2. Arising from contracts of commodatum
if the debts are ratified the obligation or 3. Claims for support due by gratuitous title.
obligations are susceptible of compensation. 4. Obligation arising from criminal acts.
5. Certain obligations in favor of government
If the assignment is made before the Substitution or change in the obligation by another
compensation took place, this would depend: resulting in the extinguishment or modification
a. if the assignment was made with consent of either by:
the debtor, he is estopped unless he reserves 1. Changing the object or principal conditions
his right and gave notice to the assignee; (Objective)
b. if the assignment was with knowledge but 2. Substituting another in place of the debtor
without consent of the debtor, the (passive subjective)
compensation may be set up as to debts
3. By subrogating another person in the rights of
maturing prior to the assignment;
the creditor.
c. if the assignment was without knowledge, the
compensation may be set-up on all debts prior
to his knowledge.
Requisites of Novation Subjective or Personal Novation – Refers to the
substitution of the person of the third person in
the rights of the creditor.
1. Previous valid obligation;
2. Agreement of the parties to the new obligation;
2. As to Form and Constitution:
3. Extinguishment of the old obligation; and Express Novation
4. Validity of the new obligation. - Declared in unequivocal terms that the old is
extinguished by a new one and is incompatible
with each other at every point.
- Takes effect only when the intention to effect a
Distinction Between Extinctive & Modificatory Novation clearly results from the terms and
Novation agreement or is shown by full discharge of the
original debtor.
Extinctive Novation Modificatory
Novation Implied or Tacit Novation
The old obligation is Old obligation subsists – When the old obligation and the new one are
terminated by the to the extent it incompatible with each other at every point.
creation of a new remains compatible - There are no express declarations that the old
obligation that takes with the amendatory obligation is extinguished by the new one.
place of the former agreement However, the old and the new obligations are
Results either by The unmodified potion incompatible on every material point such that
changing the object or of the obligation they cannot co-exist
principal conditions remains effective
(objective or real), or by In case of doubt on 3. As to Extent or Effect:
substituting the person whether the Novation Total Novation – there is absolute
of the debtor or is extinctive or extinguishment
subrogating a third modificatory, it is
person in the rights of presumed that it is Partial Novation – Merely a modification
the creditor (subjective only Modificatory.
or personal)
Novation in Case of an Obligation with a Term
or Period
Distinction must be made by the effect of any
Requisites of Extinctive Novation subsequent change of the term or period.
Changes that breed incompatibility must be
A previous valid obligation; essential in nature and not merely accidental.
An agreement of all parties concerned to a Incompatibility must take place in any
new contract; essential element, otherwise a change would
The extinguishment of the old obligation; and only be Modificatory
The birth of a valid new obligation.
2. Natural Elements – Those derived from the General Rule: Contracts, being consensual in
nature of the contract and ordinarily accompany nature (except real contracts), are perfected from
the same. They are presumed to exist unless the the moment there is a manifestation of
contrary has been stipulated. concurrence between the offer and the acceptance
regarding the object and the cause.
3. Accidental Elements – those which exist only
when the parties expressly provide for them for Exception: Acceptance by letter or telegram,
the purpose of limiting or modifying the normal which does not bind the offeror except from the
effects of the contract. time it came to his knowledge.
◘ CHARACTERISTICS OF CONTRACTS
1. Autonomy – The parties are free to stipulate
◘ CONSENT
anything they deem convenient provided that
they are not contrary to law, morals, good
Manifested by the meeting of the offer and
Requisites:upon the thing and the cause customs, public order and public policy. (Art.
acceptance
1306, NCC)
which are to constitute the contract.
Legal capacity of the contracting parties; 2. Mutuality – The contract must bind both
Manifestation of the conformity of the parties; its validity or compliance must not be
contracting parties; left to the will of one of them. (Art. 1308, NCC)
The parties’ conformity to the object, 3. Obligatoriness – Contracts are perfected by
cause, and the terms and conditions of mere consent and from the moment, the
the contract must be intelligent,
spontaneous and free from all vices of
consent;
The said conformity must be real, and
not simulated or fictitious.
parties are bound not only to the fulfillment of
what has been expressly stipulated but also to
all consequences which, according to their
nature may be in keeping with good faith,
usage and law. (Art. 1315, NCC)
4. Relativity – Contracts take effect only between
parties, their assigns and heirs. (Art. 1311,
NCC)
RELATIVITY OF CONTRACTS
Requisites:
1. The cause should be in existence at the time of
SIMULATION OF CONTRACTS the celebration of the contract.
1. Absolute simulation – no real transaction is 2. The cause should be licit, or lawful.
intended. 3. The cause should be true.
Effect: Simulated contract is inexistent.
2. Relative simulation – the real contract is
void but the hidden contract is valid if it is Effects of Absence, Falsity, Illegality or
lawful and has the necessary requisites. Inadequacy of Cause
Effect as to third persons with notice: The 1. Absence of cause – there is no perfected
apparent contract is valid on the principle of contract; thus, it produces no effect
estoppel. whatsoever. (Art. 135, NCC)
2. Falsity of cause – the contract is void. (Art.
1353, NCC)
3. Illegality of cause – the contract is void.
(Art. 1353, NCC)
4. Inadequacy of cause – it shall not invalidate
a contract, unless there has been fraud,
OBJECT mistake or undue influence (Art. 1353, NCC)
F. UNENFORCEABLE CONTRACTS
Those which cannot be enforced by proper action
in court unless they are ratified.
G. VOID OR INEXISTENT General Rule: When the defect of a void contract
CONTRACTS consists in the illegality of the cause or object of
the contract and both of the parties are at fault or
in pari delicto, the law refuses them every remedy
VOID CONTRACTS and leaves them where they are.
Void contracts are those were all of the
requisites of a contract are present but the Exceptions:
cause, object, or purpose is contrary to law, 1. Payment of usurious interest.
morals, good customs, public order or public 2. Payment of money or delivery of property for
policy, or contract itself is prohibited or declared an illegal purpose, where the party who paid or
void by law. delivered repudiates the contract before the
purpose has been accomplished, or before any
damage has been caused to a 3rd person.
3. Payment of money or delivery of property
made by an incapacitated person.
4. Agreement or contract which is not illegal per
Kinds of Void Contracts:
se & the prohibition is designed for the
protection of the plaintiff.
1. Those whose cause, object or purpose is 5. Payment of any amount in excess of the
contrary to law, morals, good customs, public maximum price of any article or commodity
order or public policy; fixed by law or regulation by competent
2. Those whose object is outside the commerce of authority.
man; 6. Contract whereby a laborer undertake to work
3. Those which contemplate an impossible service; longer than the maximum number of hours
4. Those where the intention of the parties relative fixed by law.
to the principal object of the contract cannot be 7. Contract whereby a laborer accepts a wage
ascertained; and lower than the minimum number of hours fixed
5. Those expressly prohibited or declared void by by law.
law. 8. One who lost in gambling because of
fraudulent schemes practiced on him is allowed
to recover his losses [(Art. 315, 3(b), RPC]
even if gambling is a prohibited one.
effect.
OBLIGATIONS
rule produce any legal until they are annulled
by a competent court.
until they are rescinded a proper action in
by a competent court. court.
Action for the Action for annulment or Action for rescission Corresponding action
declaration or nullity or defense of annulability may prescribe. for recovery, if there
inexistence or defense may prescribes. was total or partial
of nullity or inexistence performance of the
does
Civil not prescribe.
obligations give a right of action to compel Problem: unenforceable contract
their performance. under No. 1 or 3 of
Suppose in the problemArticle 1403
above, maythere was
prescribe.
Natural obligations, not being based on positive payment of X’s obligation in 1986 by a friend,
Not cured
law but onby
equity and naturalCured bydo
law, prescription
not grant a Cured by prescription Not cured by
A, without his knowledge and consent. Can A,
prescription
right of action to enforce their performance, but prescription
the friend who made the payment, ask for
Cannot be ratified.
after voluntary Canthe
fulfillment by beobligor,
ratified.they Need not be ratified. Can be ratified.
reimbursement from X? Can A recover from
authorize the retention of what has been delivered X? Why?
or rendered
Assailed not by reason
only by a thereof. (Art.only
Assailed 1423, NCC).
by a Assailed not only by a Assailed only by a
contracting party but contracting party. contracting party but
Ans: No. Under the contracting
law, when party.
without the
even
Basicby a third person
distinctions between civil and natural even by a third person
knowledge or against the will of the debtor, a
whose
obligations: us
interest who is prejudiced or
third person pays a debt which the obligor is
directly
1. Civil affected.
obligations derive their binding force from damaged by the
not legally bound to pay because the action
contract.
positive law; while natural obligations derive
Assailed directly force
or thereon
directly has
only. prescribed,
Assailed but theor debtor
their binding fromAssailed directly
equity and or
justice; Assailed directly
collaterally. voluntarily reimburses the third person, the
2. Civil obligations can collaterally.
be enforced by court collaterally.
obligor cannot recover what he has paid.
action; while natural obligations cannot be
(Art. 1425, NCC).
enforced by court action but depends
exclusively upon the good conscience of the
debtor.
Problem:
Problem:
X, the father of Y, was indebted to Z in the amount
X contracted a loan with the DBP in 1965 but of PIM during his lifetime. He died without paying
failed to pay, hence, in 1966, the obligation it. Y inherited from X properties worth only
became due and demandable. In 1987, the DBP P400,000.00. Y paid Z the amount of PlM one
month after X's death. Can Y ask for the refund of
unearthed his obligation and demanded
what he paid to Z? Why?
payment. Upon receipt of the demand letter, X
paid the obligation together with its interest. Ans: No. Under the law, when a testate or
Advised that the action has already prescribed, intestate heir voluntarily pays a debt of the
he sued DBP for reimbursement of whatever he decedent exceeding the value of the property
had paid. Will the action prosper? Why? which he received by will or by the law of intestacy
from the estate of the deceased, the payment is
valid and cannot be rescinded by the payer. (Art.
1429, NCC).
Ans: No, because when a right to sue upon a
civil obligation has lapsed by extinctive Problem:
prescription, the obligor who voluntarily
performs the contract cannot recover what he
has delivered or the value of the service he has
rendered. (Art. 1424, NCC; DBP vs. Adil, G.R.
No. L-48889, May 11, 1988).
Suppose in the problem above X executed a will 1. Has lack of knowledge and of the means of
but it was declared void and the heirs paid a legacy knowledge of the facts in question;
to a friend of his father, can Y revoke it or ask for 2. Has relied, in good faith, on the conduct or
a refund? Why? statement of the party to be estopped;
3. Has acted or refrained from acting based in
Ans: No, because when a will is declared void such conduct or statement as to change the
because it has not been executed in accordance position or status of the party claiming the
estoppels, to his injury, detriment or prejudiced.
with the formalities required by law, but one of the
intestate heirs, after the settlement of the debts of
the deceased, pays a legacy in compliance with a
2. Technical Estoppel
clause in the defective will, the payment is effec- a. Estoppel by deed – a party to a deed and his
tive and irrevocable. (Art. 1430, NCC). privies are precluded from asserting as against
the other party and his privies any right or title
in designation of the deed, or from denying any
material fact asserted therein.
b. Estoppel by record – a party and his privies
are precluded from denying the truth of matters
set forth in a record whether judicial or
legislative.
ESTOPPEL
3. Estoppel by Judgment – the party to a case is
precluded from denying the facts adjudicated by
Estoppel is a condition or state by virtue of a court of competent jurisdiction.
which an admission or representation is
rendered conclusive upon the person making
it and cannot be denied or disproved as 4. Estoppel by Laches – one which arises when a
against the person relying thereon. party, knowing his rights as against another,
takes no step or delays in enforcing then until
the condition of the latter, who has no
knowledge or notices that the former would
Kinds Of Estoppel:
assert such rights, has become so changed that
he cannot without injury or prejudiced, be
1. Estoppel In Pais restores to his former state.
2. Technical Estoppel
3. Estoppel by Record
4. Estoppel by Judgment
CONTRACT TO SELL
TRANSFER OF OWNERSHIP
BARTER
General Rule: While the contract of sale is
One of the parties binds himself to give one
consensual, ownership of the thing sold is acquired
thing in consideration of the other’s promise to
only upon its delivery, actual or constructive, to
give another thing.
the buyer. (Daus v. Sps. De Leon, 16 June 2003)
The only point of difference between contract
Exceptions:
of sale and barter in the element which is
1. Contrary stipulation or Pactum reservati
present in sale but not in barter, namely: price
dominli (contractual reservation of title) – a
certain money or its equivalent.
stipulation, usually in sales by installment,
whereby, despite delivery of the property sold,
ownership remains with the seller until full
payment of the price is made.
PRICE
2. Contract to sell
The sum stipulated as the equivalent of the
3. Contract of insurance – a perfected contract of
thing sold and also every incident taken into
sale, even without delivery, vests in the vendee
consideration for the fixing of the price, put to the
an equitable title, an existing interest over the
debt of the vendee and agreed to by him.
goods sufficient to be the subject of insurance.
Characteristics of Price:
1. Certainty;
2. Real, not fictitious;
3. In some cases, must not be grossly inferior
Effect of Promise Treated under Art. 1479
to the value of the thing sold.
Civil Code:
1. Accepted unilateral promise to sell or buy
a. Only one makes the promise, this promise
is accepted by the other.
Effect of Gross Inadequacy of Price:
b. Does not bind the promissory even if
accepted and may be withdrawn anytime.
1. Voluntary Sales
General Rule: Mere inadequacy of the price does
Pending notice of its withdrawn, the accepted
not affect validity of the sale
promise partakes the nature of an offer to sell
which if accepted, results in a perfected contract of
Exceptions:
sale. (Sanchez v. Rigos 45 SCRA 368)
a. Low price indicates vice of consent, sale may
be annulled;
If the promise is supported by a consideration
b. Price is so low as to be “shocking to
distinct and separate from the price (option
conscience,” sale may be set aside
money), its acceptance will give rise to perfected 1381 (3) of the Civil Code, a contract otherwise
contract. valid may nonetheless be subsequently rescinded
by reason of injury to their persons, like creditors.
2. Bilateral promise to buy and sell The status of creditors could be validly accorded
One party accepts the other’s promise to buy parties for they had substantial interests that were
and the latter, the former promise to sell a prejudiced by the sale of the subject property to
determinate thing for a price certain. another without recognizing their right of first
Reciprocally demandable. priority under the Contract of Lease.
Effect of Violation:
1. With respect to nos. 1, 2, and 3, the sale is
voidable.
Reason: Only private rights, which are subject
to ratification, are violated. a. Legal Formalities – delivery by the
2. With respect to nos. 4, 5 and 6, the sale is null execution of a public instrument (Boy v. CA
and void. GR 125088, April 14, 2004)
Reason: Violation of public policy cannot be
subject to ratification. Notwithstanding the presence of illegal
occupants on the subject property, transfer of
ownership by symbolic delivery can still be
E. OBLIGATIONS OF THE VENDOR effected through the execution of the deed of
1. Deliver the thing sold; conveyance. (Art. 1498, NCC) It is well-settled
rule that the key word is control not possession
2. Warranties;
of the subject properly. The rule is true
3. Transfer of Ownership;
especially if the deed of conveyance does not
4. Take care of the thing, pending delivery, with stipulate or inter that the buyers could not
proper diligence; and exercise control over the said property, delivery
5. Pay for the expenses of the deed of sale unless can be effected through the mere execution of
there is a stipulation to the contrary. said deed. (Power Commercial and Industrial
Corporation v. CA, 274 SCRA 597)
Under the law, when the sale is made
through a public instrument, the execution
thereof shall be equivalent to the delivery of the
F. OBLIGATIONS OF THE VENDEE object of the contract, if, from the deed, the
contrary does not appear or cannot be inferred.
A. Principal Obligations Possession is also transferred along with
1. To accept delivery; and ownership thereof to the petitioners by virtue of
2. To pay the price of the thing sold in legal tender the deed of conveyance. (Ong Ching v. 239
unless another mode has been agreed upon. SCRA 741: Article 1498, NCC)
B. Other Obligations It was also said that since the execution of
1. To take care of the goods without the obligation the deed of conveyance is deemed equivalent to
to return where the goods are delivered to the delivery, prior physical delivery or possession is
buyer and he rightfully refuses to accept; not legally required. (Dulay Enterprise Inc. v.
2. To be liable as depositary if he voluntarily CA 225 SCRA 678: Garcia v. CA 312 SCRA 180)
constituted himself as such; and
3. To pay interest for the period between delivery b. Traditio Symbolica – to effect delivery, the
of the thing and the payment of the price in the parties makes use of a token or symbol to
following cases: represent the thing delivered.
a. Should it have been stipulated c. Traditio Longa Manu – seller pointing out
b. Should the thing sold and delivered produce to the buyer the things, which are,
fruits or income transferred which at the time must be in
c. Should he be in default, from the time of sight.
judicial or extra-judicial demand for the d. Tradition Brevi Manu – buyer already had
payment of the price. the property in his possession for any other
reason than ownership.
Sale Or Return
Property is sold, but the buyer, who becomes the PLACE OR DELIVERY (In Order of Priority)
owner of the property on delivery, has the option 1. That was agreed upon;
to return the same to the seller instead of paying 2. Place determined by usage of trade;
the price. 3. Seller’s place;
4. Seller’s residence; or
5. In case of specific goods where they can be
found.
Sale On Trial, Approval, or Satisfaction
A contract in the nature of an option to purchase
is the goods prove to be satisfactory, the approval Time of Delivery:
of the buyer being a condition precedent. 1. Stipulated time; or
Rules: 2. In the absence thereof, within a reasonable
1. Title remains in the seller time.
2. Risk of loss remains with seller except when the
buyer is at fault or has agreed to bear the loss
3. Buyer must give goods a trial, except where it is DELIVERY TO THE CARRIER
evident that is cannot perform the work. General Rule: Where the seller is authorized or
required to send the goods to the buyer, delivery
to the carrier is delivery to the buyer.
Exceptions:
1. When a contrary intention appears
DISTINCTION BETWEEN SALE/RETURN & 2. Implied reservation of ownership under pars.
SALE ON TRIAL 1, 2, 3 of Art. 1503
When Lost:
Note: This right the seller shall refund to the
buyer the cash surrender value of the payments
1. Delivery of the goods to an agent or bailee of
on the property equivalent to 50% of the total
the buyer without reserving ownership or right of
payments made. After five (5) years but not to
possession;
exceed 90% of the total payments made.
2. Buyer lawfully obtains possession of the goods
by waiver of the lien; and
3. By waiver.
3) The buyer shall have the right to sell his rights
or assign the same to another person OR to
reinstate the contract by updating the account
during the grace period and before actual STOPPAGE OF GOODS IN TRANSITU:
cancellation of the contract
4) The buyer shall have the right to pay in advance Requisites:
any installment or thefull-unpaid balance of the
purchase price any time without interest and to 1. Unpaid seller;
have such full payment of the purchase price
2. Insolvent buyer;
annotated in the certificate of title covering the
property. 3. Goods must be in transit;
4. Seller must either actually take possession of
B. If Buyer has paid less than 2 years of the goods sold or give notice to his claim to the
installments. carrier or other person in possession;
1) The seller shall give the buyer a grace period of 5. Seller must surrender the negotiable document
NOT less than 60 days from the date the of title, it any issued by the carrier or bailee;
installment became due. If the buyer fails to and
pay the installments due at the expiration of the 6. Seller must bear the expenses of the delivery of
grace period, the seller may cancel the contract the goods after the exercise of the right.
after 30 days from receipt by the buyer of the
2. Remedies of buyer for breach of warranty
by seller (Art. 1599):
RESCISSION a. Recoupment – accept the goods and set up the
Types: seller’s breach to reduce or extinguish the price
1. Special Right to Surrender Under Art. 1534 – if b. Accept the goods and maintain an action for
the seller has either the right of lien OR a right damages for breach of warranty
to stop the goods in transitu AND under either c. Refuse to accept the goods and maintain an
of 2 situations: action for damages for breach of warranty
a. Where the right to rescind on default has d. Rescind the contract by returning ot offering the
been expressly reserved return of the goods, and recover the price of
b. Where the buyer has been in default for an any part thereof
unreasonable time
2. Under Art/ 1597 (“technical rescission”)
Where the goods have not been delivered to the NOTE: These are alternative remedies.
buyer, and the buyer has repudiated the
contract of sale, or has manifested his inability When Rescission By buyer Not Allowed:
to perform his obligations thereunder, the seller 1. If the buyer accepted the goods knowing of the
may totally rescind the contract of sale by breach of warranty without protest
giving notice of his election so to do to the 2. If he fails to notify the seller within a reasonable
buyer time of his election to rescind
3. If he fails to return or offer to return the goods
ACTION FOR THE PRICE in substantially as good condition as they were
When may be exercised: in at the time of the transfer of ownership to
1. Where the ownership has passed to the him.
buyer AND he wrongfully neglects OR refuses
to pay for the price Note: These are alternative remedies.
2. Where the price is payable on a day certain
AND he wrongfully neglects OR refuses to pay
for the price, irrespective of the delivery or
transfer of title G. EXTINGUISHMENT OF SALE
3. Where the goods cannot readily be resold
for a reasonable price AND the buyer Same causes as in all other obligations
wrongfully refuses to accept them even before Conventional redemption
the ownership of the goods has passed, if Art. Legal redemption
1596 is inapplicable
a. Under the Civil Code (legal redemption) Tender of payment is sufficient to compel
b. Sale of the co-owner by his share to a stranger redemption, but is not in itself a payment that
(Art. 1620, NCC) relieves the vendor from his liability to pay the
c. When a credit or other incorporeal right in redemption price (Paez vs. Magno, GR L-793, April
litigation is sold (Art. 1634, NCC) 27, 1949).
d. Sale of an heir of his hereditary rights to a
stranger (Art. 1088, NCC)
e. Sale of adjacent rural lands not exceeding 1
hectare (Art. 1621, NCC)
f. Sale of adjacent small urban lands bought H. ASSIGNMENT OF CREDITS
merely for speculation (Art. 1622, NCC)
An agreement by virtue of which the owner of a
credit, known as the assignor, by a legal cause,
such a sale, dacion en pago, exchange or
Under Special Laws donation, and without the consent of the
1. Equity of redemption in case of judicial debtor, transfers his credit and accessory rights
foreclosures to another, known as the assignee, who
2. A right of redemption in cases of extra-judicial acquired the power to enforce it to the same
foreclosures. extent as the assignor could enforce it against
the debtor.
A creditor may validly assign his credit and its DEVISEE or HEIRS
accessories without the debtor’s consent (NIDC v. LEGATEES
De Los Angeles, 40 SCRA 289) Always called to Called to succeed to
succeed to individual an indeterminate or
items of property aliquot portion of the
decendent’s
hereditary estate.
Called to succeed by Called to succeed
means of a will either by a will or by
operation of law
SUCCESSION
Instances Where the Distinction between
Heirs and Devisees/Legatees are important
1. Preterition
SUCCESSION The effect is to annul entirely the institution of
A mode of acquisition by virtue of which the heirs, but legacies and devisees shall be valid in
property rights and obligation to the extent of the so far as they are not inofficious
value of the inheritance of a person, are 2. Defective disinheritance
transmitted through his death to another or others The effect is to annul the institution of heirs to
by his will or by operation at law (Art. 774 NCC). the extent that the legitimes of the disinherited
heir is prejudiced, but legacies and devisees
shall be valid insofar as they are not inofficious.
An heir may sell his shares of the estate even 3. After-acquired properties
before partition and even without the consent of As a rule, are not included, unless it should
the others heirs because his hereditary share expressly appear in the will itself that such was
has already been transmitted to him from the the testator’s intention. This rule is applicable
moment of the death of the predecessor (De only to legacies and devisees and not to
Borja vs. De Borja, 46 SCRA 577) institution of heirs.
TESTAMENTARY
Requistites: SUCCESSION
1. Death of the predecessor;
2. Existence and capacity of the successor; A. WILLS IN GENERAL
3. Provision of the law or will granting the right of
succession; Wills – An act whereby a person is permitted, with
4. Acceptance by the successor; the formalities prescribed by law, to control to a
5. Successor did not predecease the predecessor certain degree the disposition of his estate, to
take effect after his death.
Kinds of Succession
1. Testamentary Elements of a Will
2. Intestate 1. Written instrument
3. Mixed 2. Duly executed and attested
3. By a competent person
Heir – A person called to the succession either by 4. Voluntary disposition of property of a person
the provision of a will or by operation of law (Art. 5. In favor of another competent person
782, NCC) 6. To take effect after the maker’s death
7. Meantime being revocable.
B. TESTAMENTARY CAPACITY AND INTENT
Inheritance Include:
1. Property, rights and obligations not ◘ FORMALITIES OF WILLS
extinguished by his death.
2. All which have accrued thereto since the
opening of succession. (Art. 781) Common Formalities of Wills:
1. Must be written;
INTERPRETATION OF WILLS 2. In a language or dialect known to the
* The testator’s intent (animus testandi), as well testator.
as giving effect to such intent, is primodial. It is
sometimes said that the supreme law in succession
is the intent of the testator. All rules of Special Formalities of NOTARIAL WILLS:
construction are designed to ascertain and give
effect to that intention. It is only when the 1. Subscribed at the end thereof by testator
intention of the testator is contrary to law, morals, himself or by testator’s name written by person
or public policy that it cannot be given effect. in his presence and express direction.
(Subscription)
2. Attested and subscribed by 3 or more credible
witnesses in the presence of the testator and of If a witness to the will merely turned his back, the
one another. (Attestation and Subscription by 3 signing is still considered in his presence. What is
witnesses) important is that, the witnesses and the testator
3. Signature of testator and his witnesses on the had the opportunity to have seen the signing of the
left margin of each and every page. (Marginal document (Jaboneta vs. Gustillo, 5 Phil 241).
Signatures)
4. Pages numbered correlatively in letters placed
on the upper part of each page. (Page ADDITIONAL FORMALITIES OF NOTARIAL
Numberings) WILLS IN SPECIAL CASES
5. Contain an attestation clause. a. Deaf or Deaf-Mute Testator:
* As a rule, if the attestation clause does not state 1) Personally read the will, if able to do so; or
that the will was signed by the testator in the 2) Designate two persons to read and
presence of the witnesses, it is void unless if communicate to him, the contents thereof.
such statement is made in some other part of (Art. 807)
the will. b. Blind Testator (Art. 808)
6. Acknowledged before a notary public by the Will shall be read to him twice; once, by one of
testator and his witnesses. An indispensable the subscribing witnesses, and again, by the
requisite for the validity of the will. notary public before whom the will is
(Acknowledgement) acknowledged (Alvarado vs. Gaviola, GR 74695,
September 14, 1993).
ATTESTATION CLAUSE
Special Formalities of HOLOGRAPHIC Wills
A memorandum or record of facts wherein the (Art. 810)
witnesses certify that the will has been executed
before them, and that it has been executed in 1. Written by the hand of the testator;
accordance 2. Dated by the hand of the testator;
3. Signed by the hand of the testator;
JOINT WILLS
D. WITNESS TO THE WILLS A single testamentary instrument which contains
the wills of two or more persons, jointly executed
by them, either for their reciprocal benefit of for
Requirements for Witnesses to Wills the benefit of for the benefit of the third person.
* This is prohibited under Art. 818.
1. Domiciled in the Philippines;
2. Able to read and write;
3. Not blind, deaf or dumb;
4. At least 18 years of age;
5. Has not been convicted of falsification of F. REVOCATION OF WILLS AND
a document, perjury, or false testimony; TESTAMENTARY DISPOSITIONS
6. Of sound mind.
REVOCATION OF WILLS
A. By Implication of law:
1. Legal separation
2. Preterition
The notary public cannot be considered as a 3. Bringing action for the recovery of credit
witness since he could not have acknowledged 4. Transformation, alienation or loss of bequeathed
before himself his having signed the will. He property
cannot split his personality into two so that one will 5. Unworthiness
appear before the other to acknowledge his 6. Marriage in bad faith
participation in the marking of the will. To permit 7. Void/annulled marriage
such a situation to obtain would be sanctioning
sheer absurdity (Cruz vs. Villasor, 54 SCRA 31) B. By some will, codicil or other writing.
Requisites of Republication
Prescriptive Period to Probate a Will?
The statute of limitations is not applicable to the
probate of wills.
As a general rule, courts in probate
proceedings are limited only to passing upon
the extrinsic validity of the will sought to the
probated and the compliance with the
requisites or solemnities prescribed by law.
(Nufable vs. Nufable, 309 SCRA 692)
J. PRETERITION
Preterition is the Omission in the testator’s will Instances When Substitution is Extinguished
of one, some or all of the compulsory heirs in 1. When the substitute predeceases the testator
the direct line, whether living at the time of the 2. When the substitute is incapacitated
execution of the will or born after the death of 3. When the substitute renounces the inheritance
the testator. (Art. 854) 4. When the institution of heir is annulled
The institution is VOID (not really “annulled” as 5. When the institution or the substitution is revoked
stated in the law), automatically without need by the testator
of court order) 6. When a will is void or disallowed or revoked
If the only provision in the will is the institution
of an heir/heirs totally preteriting one or some
compulsory heirs, the entire will is void; hence, KINDS OF SUBSTITUTION
if there is a petition for probate of that will, the
petition should be dismissed and the court
1. Simple – testator designates one or more
should not proceed with the probate of the will
persons to substitute the heir/s in case such
(because it is already void).
heir/s die before him or should not wish or
If there are clear provisions for legacies and
should be incapacitated to inherit.
devises (not just universal institution without
designating the amount or property), these 2. Brief – two or more persons are designated to
provisions are valid provided they are not (not substitute for only one heir.
annulled as in the law) automatically without 3. Compendious – only one person is designated
need of court order) inofficious – reducible if to substitute for two or more heirs.
need be. 4. Reciprocal – two or more persons are not only
If the heir was given a share, even if very small or instituted but are also designated mutually as
minimal, there is no Preterition. All he has to do is substitutes for each other.
ask for the completion of his share. (Art. 906, 5. Fideicommissary – takes place when the
Reyes vs. Barreto-Datu, 19 SCRA 85) fiduciary or first heir instituted is entrusted with
the obligation to preserve and to transmit to the
second heir the whole or part of the inheritance,
provided such substitution does not go beyond
one degree from the heir originally instituted
and provided further and the second heir are
living at the time of the death of the testator.
Requisites:
Heir omitted must be a Compulsory Causes When Simple or Common Substitution
heir in the direct line. May Take Place:
Omission must be complete and total 1. Instituted heir dies before the testator.
in character in such a way that the
omitted heir does not and has not
receive anything at all from the
testator by any title whatsoever; and
Compulsory heir omitted must survive
the testator.
2. He repudiates the inheritance testator or of any other person shall be void. (Art.
3. He is incapacitated to succeed. 875, NCC)
DISPOSITION CAPTATORIA –
L. LEGITIME
Disposition made upon the condition that the heir
shall make some provision in his will in favor of the
That part of the testator’s property which he
cannot dispose of because the law has reserved it
for certain heirs, who are, therefore, called would be reduced pro rata without
compulsory heirs. (Art. 886, NCC) preference among them.
Legend:
LC – Legitimate Children
IC – Illegitimate Children
SS – Surviving Spouse
IP – Illegitimate Parents
LPA – Legitimate Parents/ Ascendants
CH – Compulsory Heirs
If testator knew that the thing did not belong to him but did not order
its acquisition – code is silent but disposition should be considered valid there is
an implied order to acquire and doubts must be resolved in favor of intestacy.
Thing already owned to if thing already belonged to legate/devisee at the time of execution of will –
the legatee/devisee. legacy/devisee is void.
If thing was owned by another person at time of making the will and thereafter
if it is acquired by legate/devisee –
1) If testator erroneously believed that he owned the thing – legacy/devise
is void.
2) If testator was not in error –
i. if thing was acquired onerously by legatee/devisee – legatee/devisee
II. LEGAL OR is entitled to be reimbursed;
ii. if thing was acquired gratuitously by legatee/devisee – nothing is due;
INTESTATE SUCCESSION iii. if thing was owned by testator at time will was made and
legatee/devisee acquired the thing from him thereafter – law is silent.
6 LA (GP) alone - Whole estate; divide equally if both are alive, and
987 observing in proper cases the rule of equal division by
line (paternal & maternal, if surviving).
NOTE: There is no representation in the ascending line.
7 LP - 1/2
991 IC - 1/2
8 - LPA - 1/2
997 - SS - 1/2*
NOTE: In case of partial intestacy where there is legacy
or devise, the Legacy or devise shall be charged against
the share of the SS, provided the legitime of the SS
(1/4) shall not be reduced.
(Please see Paras: discussion # 2 in Art. 1000 on partial
intestacy. See also Tolentino, Pineda, De Leon & Mison)
9 LPA - 1/2
1000 SS - 1/4*
IC - 1/4
FC 176 * NOTE: In case of partial intestacy where there is
Legacy or Devise, the Legacy or Devise shall be charged
(NOTE: Apply by analogy against the share of the SS, provided the legitime of the
to # 34, specially in case SS (1/8) shall not be reduced.
of partial intestacy) (Please see Paras: discussion # 2 in Art. 1000 on partial
intestacy. See also Tolentino, Pineda, De Leon & Mison)
11 998 IC - 1/2*
FC 176 SS - 1/2 *
13 Only by SS - 1/2*
analogy IP - 1/2*
with
997, in
relation
to 993,
994, &
903 on
their
legitimes
14 SS - 1/2
1001 Legitimate Brothers, - 1/2 *
Sisters / Nephews, Nieces
(BSNN) NOTE:
If all brothers and sisters are alive, to be divided equally
Note: These are per capita -- nieces & nephews excluded.
collateral relatives within
2nd and/or 3rd degree. If one or more brothers/sisters predeceased/
(994 par 2, 1001) disinherited/ incapacitated, the corresponding
nieces/nephews will inherit by representation per
stirpes that share which was supposed to that bro/sis.
If there are half blood, they will get 1/2 of the share
of the full blood.
NOTE:
Legitimate and illegitimate descendants (LD & ID) of an
IC can represent the latter – Reason: The Bar Rule or
Iron Curtain Rule DOES NOT APPLY BETWEEN TWO
ILLEGITIMATE FAMILIES – the law is very explicit on the
use of the words ID of a LC
- In proper cases of
representation, the
nephews/nieces (per
stirpes)
will inherit together
with bros/sis
(per capita)
(970) (2) If one or more brothers./sisters
(972) predeceased/disinherited/
incapacitated, the corresponding nieces/nephews will
inherit by representation per stirpes that share which
was supposed to go to that bro/sis. (Arts. 970, 972)
(969) (5) But if all bros/sis repudiated, all nieces and nephews
(977) will inherit in their own right directly from the deceased
– not from their repudiating parents -- per capita or
equally, not per stirpes. (Art. 969, ref Art. 977 last
sentence.)
(1006) (6) If there are half blood, they will get ½ of the share
of the full blood. (Art. 1006)
21 cf. 965 - Nephews & Nieces - The whole estate for nephews and nieces, to be
975 last (inheriting in their own divided equally;
sentence right) - if full blood and half blood concur, one half blood
will get 1/2 of the share of one full blood (2:1
inferred Note: Applying the ratio)
from principle of the - if all are half blood, the estate
1009 nearer excludes the will be divided equally
farther; the nieces/
nephews are nearer and NOTE: Hence, Uncles and Aunts of decedent are
more direct to the excluded (Bacayo v. Borromeo, 145 SCRA 986 in 1986)
common bloodline of the
parents of both the
decedent and his bros/sis
– who are the parents of
the nieces/nephews
inheriting in their own
right, per capita – than
the decedent’s
uncles/aunts
22 Cf. 1004 - Illegitimate Brothers - Whole estate, observing 2:1 proportion of full-blood
&1006 & Sisters alone and half- blood fraternity (by analogy with No.19)
25 1009 & OCR (Other Collateral - Whole estate, per capita, observing the rule: the
1010 Relatives from the 3rd - nearer in degree excluding the more remote.
Uncles & Aunts, but not
BSNN -, 4th & to 5th civil NB: The rule: the nearer excludes the farther (but
degree without distinction as to collateral lines & full blood
relations) still applies; Hence, the 40 is preferred before
NB: This applies if the 50 (without representation); in the absence of the
decedent is legitimate and 40, then the 50 will inherit (also without representation).
the OCR are also
legitimate. This does not [Ofelia Hernando Bagunu vs. Pastora Piedad, GR
apply if decedent is 140975, Dec. 8, 2000]
illegitimate, in which case
the 40 & 50 collateral
relatives are excluded, as
implied by Art. 994 par.
2, and De Guzman v.
Sevilla, 47 Phil 991.
NOTE:
AC remains a compulsory heir of his natural/blood
parents – Tolentino- aside from being an intestate heir of
his parents and other blood relatives – FC 189(3)
Although the FC mentions the Adopted Child remaining
an intestate heir of his parents and other blood relatives,
Tolentino opines the AC can’t be deprived of his legitime
which is an integral part of a child’s intestate share.
1 FC - Legitimate Children (LC) - LC’ s share must not be less than 1/2
190 - Illegitimate Children (IC) - SS is considered as 1 LC.
(1) - Surviving Spouse (SS) - The Illegitimate Child’s share is equal to
1/2 of the share of 1 LC, but the
legitime of the LC must not be reduced
(which may take place when there are
many IC)
7 FC 190 - Collateral Relatives of adopted (up to - Collateral relatives of adopted will get
(6) the 5th civil degree) the whole estate – applying the
ordinary rules in legal or intestate
succession
NOTE: Apply the ordinary rules in legal succession in all other combinations, if any.
INTESTATE ESTATE OF ADOPTER
1 RA
8552 - Adopted Child (AC) - Whole estate
Arts
17-18
2 980 - Adopted Child/Children (AC) - Divide Estate by the total No. of AC and
FC 176 - Surviving Spouse (SS) SS
RA
8552 Reason: because the share of SS is equal to
Art. 17 the share of One AC or LC
3 979 NOTE: Generally, the adopted child - Adopted has the same share as that of
succeeds to the property of the adopter the legitimate child. Thus, by analogy, if
in the same manner as the legitimate he is alone, he will get the whole estate;
child. if he survives with SS only, he will get 1/2
The adopted has the same right as that while the SS will get the other 1/2.
of the legitimate child. Examples:
* What if one AC, IC & SS concur? - AC=1/2 , IC= 1/4 , SS= 1/4 (but may
also vary in certain situations)
* What if AC & IC concur? - 2:1 ratio (but may also vary in certain
situations, if legitime of AC is
reduced due the big number of IC)
NOTE 1:
The collateral relatives of the adopted cannot inherit from the adopter because they are not heirs by law.
Apply the ordinary rules in legal succession in all other combinations, if any. Be careful with partial
intestacy (where the will only provides for legacy or devise), most especially where the intestate share
affected is that of the heir whose legitime is lower than his/her intestate share – such as in Arts. 983,
991, 996, 997, 998, 1000, 1001 per discussion by Paras, Tolentino, Dy, Pineda, De Leon, Balane and
Mison).
NOTE 2:
Under Art. 189 (3) of the Family Code, the adopted shall remain as an intestate heir of his parents and
other blood relatives
NOTE:
1. In the absence of parents, ascendants inherit in proper cases. In the absence of children, other
descendants inherit in proper cases.
2. Memorize the tables of legitimes and intestate shares.
3. The effects of legitimation shall retroact to the time of the child's birth (Art. 180FC).
4. The legitimation of children who died before the celebration of the marriage shall benefit their
descendants (181FC).
5. The adoptee shall be considered the legitimate son/daughter of the adopter for all intents and purposes
and as such is entitled to all the rights and obligations provided by law to legitimate children born to
them without discrimination of any kind (17 RA8552).
6 In legal and intestate succession, the adopter and the adoptee shall have reciprocal rights of succession
without distinction from legitimate filiation (18 RA8552).
7. Order of intestate succession to the estate of a legitimate person.
8. Order of intestate succession to the estate of an illegitimate person.
A. RIGHT OF ACCRETION
A rights based in the presumed will of the
deceased that he prefers to give certain B. CAPACITY TO SUCCEED BY
properties to certain individuals, rather than to his
legal heirs
WILL OR INTESTACY
Requisites:
Requisites of Accretion
1. The heir, legatee/devisee must be living or in
existence at the moment the succession
1. Two or more persons be called to the same opens; and
inheritance, or to the same portion thereof, pro 2. He must not be incapacitated or disqualified
indiviso; by law to succeed.
2. One of the persons thus called die before the
testator, or renounce the inheritance, or be
incapacitated to receive it. THE FOLLOWING ARE INCAPABLE OF
SUCCEEDING:
A. Based on Undue Influence or Interest
SUMMARY OF RULES ON ACCRETION
A. Testamentary Succession 1. Priest/Minister who heard the confession or
1. Legitime: gave spiritual aid to testator during his last
illness.
a. In case of predeceased of an heir, there is 2. Individuals, associations, corporations, NOT
representation if there are children or remitted by law to inherit. Not by law to
descendants; if none, the others inherit in inherit.
their own right. 3. Guardian with respect to testamentary
b. In case of incapacity of an heir, the results dispositions given by a ward in his favor.
are the same as in predeceased (ie., . there is 4. Relatives of such priest or minister of the
representation if there are children or gospel within the fourth degree, the church,
descendants; if none, the others inherit in order, chapter, community, organization, or
their own right). institution to which such priest or minister
c. In case of disinheritance of an heir, the may belong;
results are the same as in predeceased (ie., . 5. Attesting witness to the execution of a will,
there is representation if there are children or the spouse, parents, or children; and
descendants; if none, the others inherit in 6. Physician, surgeon, nurse, health officer or
their own right). druggist who took care of the testator during
d. In case of repudiation by an heir, the other his last illness; (Art. 1027, NCC)
heirs inherit in their own right.
B. Based on Morality or Public Policy
2. Disposable Free Portion 1. Those made in favor of a person with whom
Accretion takes place when requisites stated the testator was guilty of adultery or
in Art. 1016 are present; but if such requisites concubinage at the time of the making of the
are not present, the other heirs inherit in their will.
own right. 2. Those made in consideration of a crime of
which both the testator and the beneficiary
have been found guilty.
Intestate Succession 3. Those made in favor of a public officer or his
1. In case of predecease, there is spouse, descendants and ascendants, by
representation if there are children or reason of his public office. (Article 739)
descendants; if none, the other heirs inherit in
their own right
C. Based on Acts of Unworthiness Note: If the heir should die without having
1. Parents who have Abandoned their children or accepted or repudiated the inheritance his right
induced their daughters to lead a corrupt or shall be transmitted to his heirs (Art. 1053, NCC)
immoral life, or attempted against their
virtue;
2. Person convicted of an Attempt against the Where Repudiation Made
life of the testator, his or her spouse, 1. Public instrument
descendants, or ascendants; 2. Authentic instrument
3. Person who has Accused the testator of a 3. Petition presented to the court having
crime for which the law prescribes jurisdiction over the testamentary or intestate
imprisonment for six years or more, if the proceedings.
accusation has been found groundless;
4. Person convicted of Adultery or concubinage The acceptance or repudiation of
with the spouse of the testator; an inheritance, once made, is irrevocable, and
5. Heir of full age who, having knowledge of the cannot be impugned, except when it was made
violent death of the testator, should Fail to through any of the causes that vitiate consent, or
report it to an officer of the law within a when an unknown will appears. (Art. 1056, NCC)
month, unless the authorities have already
taken action; this prohibition shall not apply
to cases wherein, according to law, there is no
obligation to make an accusation;
6. Person who by fraud, violence, intimidation, D. COLLATION
or undue influence should cause the testator
to make a will or to change one already Person Obliged to Collate:
made; General Rule: compulsory heirs
7. Person who Falsifies or forges a supposed will Exceptions:
of the decedent.
8. Person who by the same means Prevents a. When the testator should have so expressly
another from making a will, or from revoking provided; and
one already made, or who supplants, b. When the compulsory heir should have
conceals, or alters the latter’s will. (Art. 1032, repudiated his inheritance.
NCC)
When to Collate
PARDON – an act of the testator in condoning 1. Any property or right received by gratuitous
the cause of unworthiness and it must be in title during the testator’s lifetime
writing. 2. All that they may have received from the
decedent during his lifetime.
3. All that their parents would have brought to
collation if alive.
C. ACCEPTANCE AND
REPUDIATION
Properties Subject to Collation
Acceptance
Act by virtue of which 1. Property received by heir by way of donation
an heir, legatee or devisee manifests his desire in or gratuitous title (1061)
accordance with the formalities prescribed by law 2. In case of grandparent’s estate, the
to succeed to the inheritance legacy or devise. grandchildren shall bring into collation what
their parents received (1064-a) & what they
Repudiation (the grandchildren) likewise received (1064-
Act by virtue of which b) by donation or /gratuitous title from their
an heir, legatee or devise manifests his desire in grandparents
accordance with the formalities prescribed by law 3. Inofficious donations even if prohibited to be
not to succeed to the inheritance, legacy or collated by decedent (1063, 1064)
devise. 4. 1/2 of the property donated by parent to his
child & child’s spouse jointly – ½ refers to the
child’s share (1066)
5. Inofficious sums provided by parent for the when they exceed 1/10 of the sum disposable
child’s career - but the value which the child by will.
would have spent if he had lived with his 3. Proceeds of life insurance - Southern Luzon
parents shall be deducted from the said sum Employees Assn. vs. Gulpan, Oct. 30, 1954
(1068) 4. Donation expressly prohibited to be collated
6. Wedding gifts by parents to child exceeding by the donor, except when it is inofficious
1/10 of the disposable portion of estate (1063, 1064)
(1070) 5. The parent can’t collate in the grandparent’s
7. Sums paid by parent to satisfy child’s debts, inheritance the latter’s donation to the
election expenses, fines & similar expenses grandchildren (1065)
(1069) 6. Donation by parent to the child’s spouse
8. Fruits & interests of property to be collated (1066)
reckoned from the death of decedent (1075) 7. Expenses for support, education, medical
attendance, even in extraordinary illnesses,
NOTE: If donation is by both parents and one apprenticeship, ordinary equipment or
parent dies, only 1/2 of the value shall be customary gifts (1067)
collated (1072) 8. Expenses for child’s professional, vocational
or other career, not impairing the legitime
(1068)
9. Wedding gifts by parents to children (jewelry,
Properties Not Subject to Collation clothing, outfit) not exceeding 1/10 of the
Absolutely no collation (all concepts): sum disposable by will (1070)
10. Fruits & interests of property subject to
1. Expenses for support, education (elementary collation for the period from date of donation
and secondary only), medical attendance, until the death of decedent/donor (1075)
even in extraordinary illness, apprenticeship,
ordinary equipment, or customary gifts. (Art.
1067)
2. Wedding gifts by parents and ascendants
consisting of jewelry, clothing, outfit except
E. PARTITION
Requisites of Partnership
Liability for False Statement in Certificate 2. He knew the statement to be false at the time
he signed the certificate, or subsequently having
1. Any partner to the certificate containing a false sufficient time to cancel or amend it or file a
statement is liable to one who suffers loss by petition for its cancellation or amendment, he
reliance on such certificate provided the following failed to do so;
requisites are present:
3. The person seeking to enforce liability has relied a. All the liabilities of the partnership have
upon the false statement in transacting business been paid OR sufficient to pay partnership
with the partnership; liabilities; and
4. The person suffered a loss as a result of reliance b. The consent of all the members (general
upon such false statement. and limited partners) has been obtained.
Exception:
When the return of the contribution may be
Management of Limited Partnership
rightfully demanded:
◘ A general partner in a limited
1. On the dissolution of the partnership;
partnership is vested with the entire control of the
2. Upon the arrival of the date specified in the
firm’s business and has all the rights and powers
certificate for the return;
and is subject to all the liabilities and restrictions
3. After he has given 6 months notice in writing
of a partner in a general partnership.
to all other partners, if no time is specified in
◘ A general partner in a limited
the certificate for the return of the contribution
partnership however has no authority, without
or for the dissolution of the partnership.
written consent or ratification of all limited
c. The certificate is cancelled or so amended as to
partners, to:
set forth the withdrawal or reduction.
1. Do any act in contravention of the certificate;
2. Do any act which would make it impossible to
carry on the ordinary business of the
LIABILITIES OF A LIMITED PARTNER
partnership;
1. Liability for unpaid contribution
3. Confess judgment against the partnership;
a. For the difference between his contribution
4. Possess partnership property, or assign their
as actually made and that stated in the
rights in specific partnership property, for
certificate as having been made; AND
other that a partnership purpose;
b. For any unpaid contribution which he has
5. Admit a person as a general partner;
agreed in the certificate to make in the
6. Admit a person as a limited partner, unless the
future at the time and the conditions
right to do so is given in the certificate; or
stated in the certificate.
7. Continue the business with the partnership
2. Liability as trustee
property on the death, retirement, insanity,
a. Specific property stated in the certificate as
civil interdiction or insolvency of a general
contributed by him, but which was not
partner, unless the right to do so is given in
contributed or which has been wrongfully
the certificate.
returned; and
b. Money or other property wrongfully paid or
◘ A limited partner is liable as a
conveyed to him on account of his
general partner for the firm’s obligations if he
contribution.
takes part or interferes in the management of the
business.
Waiver of Liabilities of Limited Partner
These can be waived or compromised only
Rights of a Limited Partner
by consent of all the members.
1. To have the partnership books kept at the
principal place of business of the partnership
Substituted Limited Partner
2. To inspect, at a reasonable hour, partnership
◘ A person admitted to all the rights of a
books and copy any of them
limited partner who has died or has assigned his
3. To demand true and full information of the
interest in the partnership
things affecting the partnership
General Rule: He has all the rights and powers,
4. To demand a formal account of the partnership
and is subject to all the restrictions and liabilities
affairs whenever circumstances render it just
of his assignor.
and reasonable
Exception: Those liabilities, which he was ignorant
5. To ask for dissolution and winding up by
at the time, he became a limited partner and which
decree of court
could not be ascertained from the certificate.
6. To receive a share in the profits or other
compensation by way of income provided: that
Requisites in Order that the Assignee Mat
the partnership assets are in excess of
become a Substituted Limited Partner
partnership liabilities after such payment
1. All the members must consent to
7. To receive the return in his contribution
the assignee becoming a substituted limited
provided:
partner, OR the limited partner, being empowered
by the certificate must give the assignee the right
to become a limited partner. AGENCY
2. The certificate must be amended in
accordance with Art. 1865 (set forth clearly to
change in the certificate which it is desired to
make and signed and sworn to by all members, Contract of Agency
and an amendment substituting a limited partner
shall be signed also by the member to be A contract whereby a person (agent) binds himself
substituted or added, and when a limited partner is to render some service or to do something in
to be substituted, the amendment shall also be representation or on behalf of another (principal),
signed by the assigning limited partner. with the consent or authority of the later. (Article
3. The certificate as amended must 1868)
be registered in the Securities and Exchange
Commission. Parties
1. Principal – one whom the agent represents
and from he derives authority
Allowable Transactions of a Limited Partner 2. Agent – one who acts for and represents
Being merely a contributor to the partnership is another
not prohibited from:
a. granting loans to the partnership
b. transacting other business with the
partnership DISTINCTION BETWEEN AGENCY & LEASE OF
c. receiving a pro rata share of the
partnership assets with the general SERVICES
creditors if he is NOT also a general Agency Lease of Services
partner Principle of Principle of
representation is employment is
NOTE: In transacting a business with the applied. applied.
partnership as a non-member, the limited partner Extinguished at will of Concurrence of
is considered a non-partner creditor the principal. parties is necessary.
Agent exercise Employee exercise
discretionary power to ministerial functions
attain an end for which only
Prohibited Transaction of a Limited Partner he was appointed.
1. receiving or holding as collateral security any Preparatory Contract Principal Contract.
partnership property; or Agency to Sell Sale
2. receiving any payment, conveyance, or release Agent receives the The buyer receives
from liability if it will prejudice the partnership goods as the goods of goods as owner.
creditors the principal.
Agent delivers the Buyer pays the price.
NOTES: proceeds of the sale.
Violation of the prohibition will give rise to the Agent can return the The buyer, as a rule,
presumption that it has been made to defraud object in case he is cannot return the
partnership creditors. unable to sell the same. object sold.
The prohibition is NOT ABSOLUTE, there is no Bound to act according The buyer can deal
such prohibition if the partnership assets are to the instructions of his with the thing as he
sufficient to discharge partnership liabilities to principal. places being the
persons not claiming as general or limited owner.
partners.
Purpose of Agency
The purpose of agency is to extend the
personality of the principal through the facility of
the agent. It enables the activity of man which is
naturally limited in its exercise by the impositions
of his physiological conditions to be legally
extended by permitting him to be constructively
present in many different places and to perform
diverse juridical acts and carry on many different
activities through another when physical presence a) General – one which comprises all the
is impossible or inadvisable at the same time. (11 business of the principal;
Manresa 434) b) Special – one which comprises one or
more specific transactions.
4. As to authority conferred
a) couched in general terms – one which is
ELEMENTS OF AGENCY created in general terms and is deemed to
A. Consent comprise only acts of administration;
Any person or entity having b) couched in specific terms – one
juridical capacity and capacity to act and authorizing only the performance of a
not otherwise disqualified, may enter into specific act or acts.
an agency. 5. As to its nature and effects
But as regards the party with a) ostensible or representative – one
whom the agent acts or a contract, the where the agent acts in the name and in
legal capacity of the principal rather than representation of the principal.
the agent, is of the greater import. b) simple or commission – one where the
B. Object agent acts in his own name but for the
The services to be undertaken by the agent account of the principal.
may cover all acts pertaining to a business
of the principal (general agency) or one
or more specific transaction (special
agency) ACTS WHICH MAY BE DELEGATED TO AN
The extent of the agent’s authority to act, AGENT
whether it be a general or a special
agency, depends on how the agency is General Rule: What a man may do in person, he
couched. may do thru another.
C. Cause
May be onerous or gratuitous but Exceptions:
presumed for compensation 1. Personal acts – if personal performance is
required the doing of an act by a person on
Note: The agent may not be deprived of his right behalf of another does not constitute
to compensation by an unjustified revocation of the performance by the latter.
agency. a) Voting during an election;
b) Making a will;
c) Making statements which are required to
be done under oath;
KINDS OF AGENCY d) A member of the board of directors or
1. As to manner of creation trustees in a corporation cannot validly act
a) Express – one where the agent has been as such by proxy
actually authorized by the principal, either e) An agent cannot delegate to a sub-agent
orally or in writing; the performance of acts which he has been
a) Implied – one which is implied from the appointed to perform in person.
i. Acts of the principal – from his silence 2. Criminal acts or acts not allowed by law-
or lack of action, or his failure to there could be no agency in the perpetration if
repudiate the agency knowing that a crime or unlawful act.
another person is acting on his behalf a) An alien principal using an agent to acquire
without authority. lands;
ii. Acts of the agent – when he carries out b) Persons who, because of their position and
the agency, or from his silence or relation with the persons under control, are
inaction according to the prohibited from acquiring said property and
circumstances. cannot do so through an agent.
2. As to its character
a) Gratuitous – one where the agent
receives no compensation for his services.
b) Compensated or onerous – one where FORMS OF AGENCY
the agent receives compensation for his Agency may be express or implied from the acts
services. of the principal, from his silence or lack of action,
3. As to extent of business covered or his failure to repudiate the agency, knowing that
another person is acting on his behalf without 1. Universal Agent – one employed to do all acts
authority. (Article 1869, NCC) that the principal may personally do, and which
he can lawfully delegate to another the power
General Rule: There are not formal requirements of doing.
governing the appointment of an agent. The 2. General Agent – one employed to transact all
agent’s authority may be oral or written. It may be the business of the principal, or all the
in a public or private writing. business of a particular place, or in other
Exception: When the law requires a specific form words to do all acts, connected with a
particular trade, business or employment.
The equality of an agent to execute a 3. Special or Particular Agent – one authorized to
contract of sale of real estate must be conferred in act in one or more specific transactions, or to
writing and must give him specific authority, either do one or more specific acts, or to act upon a
to conduct the general business of the principal or particular occasion.
to execute a binding containing terms and
conditions which are the contract he did execute.
(Dizon et al. vs. CA et al., GR 124741, January 26, General Agent Special Agent
2003) 1. Scope of Authority
Usually authorized to Authorized to do only
do all acts connected acts in pursuance of
with the business or particular
Form of Acceptance by Agent employment in which instructions or with
Acceptance by the agent may also be express or he is engaged. restrictions
implied from his silence or inaction according to necessarily implied
the circumstances. from the acts to be
done.
2. Continuity
Conducts a series of Usually involves a
transactions single transactions or
KINDS OF IMPLIED ACCEPTANCE involving a continuity a series of
of service. transactions not
Where persons are present involving continuity.
Acceptance may be implied if: 3. Extent by which agent may bind
a. principal delivers his power of attorney to the principal.
agent and Binds his principal by Cannot bind his
b. agent receives it without any objection an act within the principal in a manner
scope of his authority beyond or outside
although it may be the specific acts
Where persons are absent contrary to his which he is
General Rule: Acceptance cannot be implied special instructions. authorized to
from silence of the agent perform on behalf of
Exception: the principal.
1. principal transmits his power of attorney to the 4. Termination of Authority
agent, who receives it without any objection; Apparent authority Mere revocation is
2. principal entrusts to him by letter or telegram does not terminate effective to terminate
a power of attorney with respect to the by the mere the authority as to
business in which he is habitually engaged as revocation of his third persons
an agent, and he did not reply to the letter or authority without because the third
telegram notice to the third person has a duty to
party. inquire.
Rule on Agency by Estoppel
5. Construction of Instruction of
On who clothes another with apparent authority
Principal
as his agent, and holds him out toe the public as
Statement of Authority of agent
such, cannot be permitted to deny the authority of
principal with respect must be strictly
such person in good faith, and in the honest belief
to the agent’s pursued.
that he is what he appears to be. (Cuison v. CA,
authority would
GR 88531, October 26, 1993)
ordinarily regarded
as advisory only.
◘ CLASSES AND KINDS OF AGENT
extent or scope of the agent’s authority, they are
not required to go beyond the terms of the written
power of attorney. Third persons cannot be
Special Power of Attorney (SPA)
adversely affected by an understanding between
An instrument in writing by which one
the principal and his agent as to the limits of the
person, as principal, appoints another as
latter’s authority. In the principal to his agent
his agent and confers upon him the
outside the written power of attorney. (Siredy
authority to perform certain specified acts
Enterprises, Inc. vs CA, et al. GR 129039,
or kinds of acts on behalf of the principal.
September 27, 2002)
Notes:
Instances Where SPA is Necessary SPA to sell does not include the power to
1. To make such payments as are not usually mortgage; and vice versa.
considered as acts of administration, SPA to mortgage includes the power to allow
2. To effect Novation which put an end obligations the extrajudicial foreclosure of the
already in existence at the time the agency mortgaged property;
was constituted; SPA to compromise does not authorize
3. To compromise, to submit questions to submission to arbitration
arbitration, to renounce the right to appeal
from a judgment, to waive objections to the SPA for an agent to institute any action in
venue of the action or to abandon a court to eject all persons in the principal could take
prescription already acquired; material possession thereof, and for this purpose,
4. To waive any obligation gratuitously; to appear at the pre-trial and enter into any
5. To enter into any contract by which the stipulation of facts and/or compromise agreement
ownership of an immovable is transmitted or but only insofar as this is protective of the rights
acquired either gratuitously or foe a valuable and interest of the principal in the property, does
consideration; not grant any power to the agent to sell the
6. To make gifts, except customary ones for subject property nor a portion thereof. (Cosmic
charity or those made to employees in the Lumber Corp. vs.CA 265 SCRA 168)
business managed by the agents;
7. To loan or borrow money, unless the latter’s
act be urgent and indispensable for the
preservation of the things which are under
administration; Effect of Lack of Spa Where One Is Required:
8. To lease any real property to another person Unenforceable
for more than one year; When principal Bound by Act of Agent
9. To bind the principal to render some service 1. Agent must act within the scope of his
without compensation; authority;
10. To bind the principal in a contract of 2. Agent must act in behalf of the principal.
partnership
11. To obligate the principal as guarantor or The limits of the agent’s authority shall not be
surety; considered exceeded should it have been
12. To create or convey real rights over immovable performed in a manner more advantageous to the
property; principal than that specified by him.
13. To accept or repudiate an inheritance;
14. To ratify or recognize obligations contracted
before the agency; When A Person Not Bound By Act of Another
15. Any other act of strict dominion. 1. Latter acts without or beyond the scope of
his authority in the former’s name; and
Note: A third person with whom the agent wishes 2. Latter acts within the scope of his authority but
to contact on behalf of the principal may require in his own name (UNDISCLOSED PRINCIPAL),
the presentation of the power of attorney or the except when the transaction involves a thing
instructions as regards the agency; except private belonging to the principal. In such case, the
or secret orders. contract is deemed as entered between the
principal and the third person.
The scope of the agent’s authority is what appears
in the written terms of the power of attorney.
While third person are bound to inquire into the EFFECTS OF AGENT’S ACTS
1. With Authority Specific:
A. In Principal’s Name – valid; principal is 1. To carry out the agency which he has
bound; agent not personally liable unless accepted;
he bound himself(article 1897) 2. To answer for damages which through his
B. In His Own Name – apply article 1883; performance the principal may suffer;
generally not binding on the principal; 3. To finish the business already begun on the
agent and stranger are the only parties, death of the principal should delay entail any
except regarding things belonging to the danger;
principal or when the principal ratifies the 4. To observe diligence of a good father of a
contract or derives benefit therefrom. family in the custody and preservation of the
2. Without Authority goods forwarded to him by the owner in case
A. In Principal’s Name – unauthorized he declines an agency, until an agent is
and unenforceable but may be ratified; appointed;
in which case, may be validated 5. To advance the necessary funds should there
retroactively from the beginning (Article be a stipulation to do so;
1407) 6. To act in accordance with the instructions of
B. In His Own Name – valid, whether or the principal, and in default thereof, to do all
not the subject matter belongs to the that a good father of a family would do;
principal, provided that at the time of 7. Not to carry out the agency if its execution
delivery, the “agent” can transfer legally would manifestly result in loss or damage to
the ownership of the thing otherwise, he the principal;
will be held liable for breach of warranty 8. To answer for damages if there being a conflict
against eviction; article 1883 does not between his interest and those of the principal,
apply he should prefer his own;
9. Not to loan to himself if he has been
authorized to lend money at interest;
10. To render an account of his transactions and to
Occasions When Principal Is Bound By Acts Of deliver to the principal whatever he may have
The Agent Beyond The Latter’s Powers received by virtue of the agency;
General Rule: The principal is not bound by the 11. To distinguish goods by countermarks and
acts of the agent beyond his limited powers. designate the merchandise respectively
Exceptions: belonging to each pri8ncipal, in the case of a
1. Where the principal’s acts have contributed to commission agent who handles goods of the
deceive the third person in good faith; same kind and mark which belong to different
2. Where the limitations upon the power created owners;
by him could not have been known by the third 12. To be responsible in certain cases for the acts
person; of the substitute appointed by him;
3. Where the principal has placed in the hands of 13. To pay interest on funds he has applied to his
the agent instruments signed by him in blank own use;
4. Where the principal has ratified the acts of the 14. To inform the principal, where an authorized
agent. sale of credit has been made, of such sale;
15. To bear the risk of collection, should he receive
also on sale, a guarantee commission;
DOCTRINE OF AGENCY BY NECESSITY 16. To indemnify the principal for damages for his
By virtue of the existence of an emergency, the failure to collect the credits of his principal at
authority of an agent is correspondingly enlarged the time that they become due; and
in order to cope with the exigencies or the 17. To be responsible for fraud or negligence.
necessities of the moment
General Rule: Knowledge of agent is knowledge
of the principal.
OBLIGATIONS OF AGENT TO PRINCIPAL Exceptions:
General: 1. Agent’s interest are adverse to those of the
1. To act with utmost good faith and loyalty for principal;
furtherance of principal’s interests; 2. Agent’s duty is not to disclose the information
2. To obey all lawful orders and instructions of (confidential information);
principal within the scope of the agency; and 3. Where the person claiming the benefit of the
3. To exercise reasonable care, skill and rule colludes with the agent to defraud the
diligence. principal.
purpose, has to be placed in his possession and
at his disposal.
SUB-AGENT If the commission agent received goods
A person to whom the agent delegates, as his consigned to him, he is responsible for any
agent, the performance of an act for the principal damage or deterioration suffered by the same in
which the agent has been empowered to perform the terms and conditions and as described in
through his representative. the consignment.
The commission agent who handles goods of
Instances When Agent Shall Be Responsible the same kind and mark, which belong to
for the Acts of the Substitute: different owners, shall distinguish them by
1. When he was not given the power to appoint; or countermarks, and designate the merchandise
2. When he is given such power but without respectively belonging to each principal.
designating the person and the person A commission agent can sell on credit only with
appointed was notoriously incompetent or the express or implied consent of the principal.
insolvent. If such sale is made without authority, the
principal is given two alternatives:
Note: In these two cases the principal may further i. He may require payment in cash, in which case
bring an action against the substitute with any interest or benefit from the sale on credit
respect to the obligations which the latter has shall belong to the agent since the principal
contracted under the substitution. cannot be allowed to enrich himself at the
agent’s expense;
ii. He may ratify the sale on credit in which case it
will have3 all the risks and advantages to him.
JOINT AGENTS
a. Agents appointed by one or more principals If the commission agent is authorized to sell on
under such circumstances as to induce the credit, he shall inform the principal with a
inference that it was the principal’s intent that statement of the names of the buyers. Without
all should act in conjunction in consummating such statement, the sale shall be deemed to be
the transaction for which they were appointed. for cash as far as the principal is concerned.
b. Their responsibility is joint; except if solidarity The commission agent who does not collect the
has been expressly stipulated. credits of his principal at the time when they
c. If solidarity has been agreed upon, each agent become due and demandable shall be liable for
is responsible for the: damages, unless he proves the exercise of due
d. non-fulfillment of the agency diligence for that purpose.
e. fault or negligence of his fellow agents; except
when the fellow agents acted beyond the scope
of their authority.
BROKER
Agent May Incur Personal Liability: A middleman or intermediary who, in behalf of
1. When the agent expressly binds himself others and for a commission or fee, negotiates
The individual liability of the agent can be contracts/transactions relating to real or personal
considered a further security in favor of the property.
creditor and does not affect or preclude the
liability of the principal; both are liable Factorage
2. When agent exceeds his authority Compensation of a factor or commission agent.
3. When agent by his acts prevents performance
on the part of the principal Ordinary Commission
4. When a person acts as an agent without Compensation for the sale of goods which are
authority or without a principal placed in his possession or at his disposal.
5. When a person who acts as an agent of an
incapacitated principal unless the third party Guaranty Commission
was aware of the incapacity at the time of the Fee that is given in return for the risk, which the
making of the contract agent has to bear in the collection of credits.
An agent with a del credere commission is liable to
the principal if the buyer fails to pay or is incapable
Factor/Commission Agent of paying.
One engaged in the purchase and sale for a
principal of personal property, which for this
former allowed the latter to act as though he had
OBLIGATIONS OF PRINCIPAL TO THE AGENT full powers.
A. General
Duties and liabilities of the principal are Joint Principals
primarily based upon the contract and the a. Two or more persons who appoint an agent for
validity of the contract between them. a common transaction or undertaking;
b. Liability: solidarily liable to the agent for all the
B. Specific consequences of the agency.
1. To comply with all the obligations which the
agent may have contracted within the scope of
his authority and in the name of the principal; Requisites of Solidary Liability:
2. To advance to the agent, should the latter so 1. There are two or more principals;
request, the sums necessary for the execution 2. The principals have all concurred in the
of the agency; appointment of the same agent; and
3. To reimburse the agent for what the latter has 3. The agent is appointed for a common
advanced (plus interest), even if the business transaction or undertaking.
was not successful, provided the agent was
free from fault; Rules on Double Sale by Principal and Agent
4. To indemnify the agent for all the damages, 1. When two persons contract with regard to the
which the execution of the agency may have same thing, one of them with the agent and the
caused the later without fault or negligence on other with the principal, and the two contracts
his part; Note: the agent may retain in pledge are incompatible with each other, that of prior
the things which are the object of the agency date shall be preferred, without prejudiced to
until the principal effects this reimbursement articles 1544 (double sale)
and pays the indemnity. 2. If the agent has acted in good faith, the
5. To pay the agent the compensation agreed principal shall be liable in damages to the third
upon, or if no compensation was specified, the person whose contract must be rejected. If the
reasonable value of the agent’s services. agent is in bad faith, he alone shall be
responsible.
Rule on Liability of Principal for Tort of Agent: Instances When Principal is Not Liable for the
The principal is civilly liable to third persons for Expenses Incurred by the Agent:
torts of an agent committed at the principal’s 1. If the agent acted in contravention of the
direction or in the course and within the scope of principal’s instructions, unless the latter should
the agent’s authority. wish to avail himself of the benefit derived
from the contract;
Reason for Liability: The rule is based upon the 2. When the expenses were due to the fault of
principle that he who does an act through another the agent;
does it himself. 3. When the agent incurred them with knowledge
that an unfavorable result would ensure, if the
principal was not aware thereof;
4. When it was stipulated that the expenses
Conditions for Ratification would be borne by the agent, or that the latter
1. Principal must have capacity and power to would be allowed only a certain sum.
ratify
2. Principal must have had knowledge of material
facts
3. Principal must ratify the acts in its entirety MODES OF EXTINGUISHMENT OF AGENCY
4. Act must be capable of ratify of ratification 1. Expiration of the period
5. Act must be done in behalf of the principal 2. Death, civil interdiction, insanity or insolvency
of the principal or of the agent
3. Withdrawal of the agent
Agent may withdraw by giving notice to the
Principal by Estoppel principal, but must indemnify the principal for
Even when the agent has exceeded his authority, damages that he may suffer by reason of such
the principal is solidarily liable with the agent if the withdrawal.
4. Accomplishment of the object or the purpose of the same business to another agent, where he
the agency had previously granted a general power of
5. Revocation attorney to one agent.
6. Dissolution of the firm or corporation, which
entrusted or accepted the agency.
TRUST
Revocation of agency by principal A legal relationship between one person having an
General Rule: agency is revocable at will of the equitable ownership in property and another
principal, regardless of the term of the agreement. owning the legal title to such property.
Exceptions: CLASSIFICATION
1. If a bilateral contact depends upon it; 1. Effectivity – from the viewpoint of whether
2. If it is the means of fulfilling an obligation they become effective after the death if the
already contracted; trustor or during his life, it may be either:
3. If a partner is appointed manager of a a. Testamentary Trust
partnership and his termination is unjustifiable; b. Trusts Inter Vivos (sometimes called
and “living trusts”)
4. If it is created not only for the interest of the 2. Creation – from the viewpoint of the creative
principal but also for the interest of third force bringing them into existence, it may be
persons, who have accepted the stipulation in either:
their favor. a. Express trust – created by the intention
of the trustor or of the parties
b. Implied Trust – one which comes into
Agency Coupled With an Interest being by operation of law. This may be
a. An agency wherein the agent has acquired either:
some interest of his own in the execution of 1) Resulting Trust – one which the
the authority granted to him, in addition to his intention to create a trust is presumed
mere interest in the contract of employment by law to exist from the transaction
with the resulting gains. and facts of the case
b. The agency becomes merely a part of another 2) Constructive trust – one imposed by
obligation or agreement, or an incidental law irrespective of and even contrary
element thereof so it cannot be unilaterally to the intention of the parties. It is
revoked. designed to promote justice, frustrate
fraud and prevent unjust enrichment.
Note: However, in Coleongco v. Claparals (10
SCRA 577), the SC made a sweeping statement
that coupled with an interest or not, the authority Persons Involved in the Creation of a Trust:
(agency) can certainly be revoked for a just cause. 1. Trustor – the one who intentionally creates a
trust
2. Trustee – the person who holds the legal title
Implied Revocation May Be Effected: to the trust property for the benefit of another
1. By the act of the principal in appointing and with certain powers and subject to certain
another agent for the same business or duties
transaction; 3. Beneficiary or the cestui que trust – the
2. By the act of the principal in directly managing one who has the equitable interest in the
the business entrusted to the agent; or property and enjoys the benefit of
3. By the act of the principal in subsequently administration by the trustee. He may be a
granting a special power of attorney as regards natural person or a legal entity. The trustor
may establish a trust with himself as the
beneficiary (usual case)
PROOF OF TRUST
Elements of Express Trust General Rule: Trust whether express or implied
1. Competent trustor and trustee; may be proved by parol or oral evidence
Exception: An express trusts over an immovable
2. Ascertainable trust res; and
property or any interest therein.
3. Sufficiently certain beneficiaries.
The 4-year prescriptive period under Art. 1391 Legal title to property purchased taken in one co-
applies only if the fraud does not give rise to owner. (Art. 1452, NCC)
an implied trust, and the action is to annul a Conveyance under a promise to hold for, or
voidable contract under Art. 1390. transfer to another. (Art. 1453)
Parties:
1. Bailor – the giver;one who delivers property.
2. Bailee – the recipient; one who receives the
custody or possession of the thing thus
delivered.
CREDIT
TRANSACTIONS
____________________________________
LOAN
Credit Transactions
A contract wherein one of the parties delivers to same for a certain time, then return it after using
another, either something not consumable so that the same.
the latter may use the same for a certain time and
return it or money or other consumable thing,
upon the condition that the same amount of the Kinds of Commodatum:
same kind and quality shall be paid. (Art. 1933, a. Ordinary Commodatum (Art. 1933
NCC) b. Precarium – one whereby the bailor may
A contract of loan is not consensual but real demand the thing loaned at will (Art. 1947,
contract. It is perfected only upon deliver of the NCC)
object of contract (Monte de Peidad v. Javier 35
OG 2176).
2. Mutuum or Simple Loan – contract where
one of the contracting parties delivers to the other
Characteristics: money or any other consumable thing subject to
1. Real Contract – delivery of the ting loaned is the condition that the same amount of the same
necessaryfor the perfection of the contract. kind and quality be paid and returned.
An accepted promise to make a future loan is a
consensual contract, and therefore binding upon “Consumable goods may be the subject of
the parties but it is only after delivery will the real commodatum if the purpose of the contract is not
contract of loan arise. (Art. 1934) the consumption of the object, as when it is merely
2. Unilateral Contract – once the subject matter for exhibition.” Thus, if consumable goods are
has been delivered, it creates obligations on the loaned only for purposes of exhibition, or when the
part of only one of the parties (i.e borrower) intention of the parties is to lend consumable
goods and to have the very same goods returned
Loan Credit at the end of the period agreed upon, the loan is a
Delivery by one party Ability of a person to commodatum and not a mutuum. (Producers Bank
and the receipt of borrow money or of the Phils. V. CA, Feb. 19, 2003, 397 SCRA 659).
other party of a things by virtue of
given sum of money the trust or
or other consumable confidence reposed Commodatum Mutuum
thing upon an by the lender that 1. Object
agreement, express the borrower will pay Non-consumable Consumable
or implied, to repay what he promised. 2. Cause
the same. Gratuitous Gratuitous or
Interest taken at the Interest is taken in onerous
expiration of the advance. 3. Purpose
credit. Use or temporary Consumption
Always on a double Always on a single possession
name paper (two name paper (i.e. 4. Subject Matter
signatures appear promissory note with Real or personal Only personal
with both parties no indorse-ment property property
held liable for other than the 5. Ownership of the thing
payment). maker). Retained by the Passes to the debtor
LOAN SALE bailor
Real contract Consensual contract. 6. Thing to be returned
Generally unilateral Bilateral and The exact thing Equal amount of the
because only reciprocal. loaned same kind and
borrower has quality
obligations. 7. Who bears the risk of loss?
Bailor Bailee
8. When to return?
In case of urgent Only after the
KINDS OF LOAN: need, even before expiration of the
the expiration of the term
term
1. Commodatum – contract where one of the
contracting parties delivers to another a non-
consumable thing so that the other may use the
c. When the thing loaned has been delivered
with appraisal of its value;
d. When, being able to save either of thing
borrowed or his own things, he chose to save
A. COMMODATUM (Art. 1935-1952) the latter; or
e. When the bailee devoted the thing for any
NATURE:
purposes different from that for which it has
1. Purpose: Bailee in commodatum acquires the
been loaned (Art. 1942, NCC)
temporary use of the thing but not its fruits (unless
3. To be liable for the deterioration of thing loaned,
stipulated as an incidental part of the contract)
the ff: requisites must concur
(Art. 1935)
a. If expressly stipulated;
Use must be temporary, otherwise the contract
b. If guilty of fault or negligence; or
may be a deposit
c. If he devotes the thing to any purpose
2. Cause: Essentially gratuitous; it ceases to be a
different from that for which it has been
commodatum of any compensation is to be paid by
loaned.
the borrower who acquires the use, in such case
4. To pay for extraordinary expenses arising from the
there arises a lease contract.
actual use of the thing by the bailee, which shall be
Similar to a donation in that it confers a benefit to
borne equally by both the bailor and the bailee,
the recipient. The presumption is that the bailor
even though the bailee acted without fault, unless
has loaned the thing for having no need therefore.
there is a stipulation to the contrary (Art. 1949
3. Subject Matter:
par. 2)
General Rule: Non-consumable whether real or
5. To return the thing loaned
personal
General Rule: The bailee has no right to retain
Exception: If the consumable goods are not for
the thing loaned as security for claims he has
consumption as when they are merely for
against the bailor even for extraordinary expenses.
exhibition, consumable goods may be the subject
Exception: for a claim for damages suffered
of the commodatum. (Art. 1936, NCC)
because of the flaws of the thing loaned.
4. Bailor need not be the owner of the thing owned
(Art. 1938, NCC) since by the loan, ownership does
Notes:
not pass to the borrower.
a. However, the bailee’s right extends no further
5. Purely Personal (Art. 1939):
than retention of the thing loaned until he is
a. Death of either party terminates the
reimbursed for the damages suffered to him.
contract unless by stipulation, the
b. He cannot lawfully sell the ting to satisfy such
commodatum is transmitted to the heirs of
damages without court’s approval.
either or both parties.
c. In case there are two or more bailees, their
b. A mere lessee or usufructuary may lend
obligation shall be solidary.
but the borrower or bailee himself may not
lend nor lease the thing loaned to him to a
third person. (Art. 1932[2])
c. Use of the thing loaned may extend to
OBLIGATIONS FO THE BAILOR (Art. 1946 –
members of the bailee’s household except:
Art. 1952):
a. Contrary stipulation;
1. To respect the
b. Nature of the thing forbids such use
duration of the loan
General Rule: Allow the bailee the use of
thing loaned for the duration of the period
OBLIGATIONS OF THE BAILEE: (Arts. 1941 –
stipulated or until the accomplishment of
1945)
the purpose for which the commodatum
1. To pay for the ordinary expenses for the use
was instituted.
and preservation of the thing loaned. (Art.
Exceptions:
1941)
a. In case of urgent need in which bailee may
2. To be liable for the loss of the thing even if it
demand its return or temporary use;
should be through a fortuitous event in the
b. The bailor may demand immediate return
following cases:
of the thing if the bailee commits any act
a. When he keeps it longer than the period
of ingratitude specified in Art. 765.
stipulated, or after the accomplishment for
2. To refund to the
which the commodatum was intended;
bailee extraordinary expenses for the
b. When he lends or leases it to third persons
preservation of the thing loaned, provided that
who are not members of his household
the bailee brings the same to the knowledge of
the bailor before incurring them, except when
they are so urgent that the reply to the held that the same must be equitably reduced for
notification cannot be awaited without danger. being iniquitous, unconscionable and exorbitant
3. To be liable to the (Spouses Solangon v. Salazar, G.R. No. 125944,
bailee for damages for known hidden flaws. June 29, 2001).
Requisites:
1. There is flaw or defect in the thing loaned; The obligation is “to pay” and not to return
because the consumption of the thing loaned is
2. The flaw or defect is hidden;
the distinguishing character of the contract of
3. The bailor is aware thereof;
mutuum from that of commodatum.
4. He does not advise the bailee of the same; and No estafa is committed by a person who
5. The bailee suffers damages by reason of said refuses to pay his debt or denies its existence.
flaw or defect.
Simple Rent
If the above requisites concur, the bailee has the Loan/Mutuum
right of retention for damages. Delivery of money or Delivery of some
The bailor cannot exempt himself from the some consumable non-consumable
payment of expenses or damages by abandoning thing with a promise order that the other
the thing of the bailee. to pay an equivalent may use it during a
of the same kind and certain period and
quality return it to the
former.
B. Simple Loan or Mutuum There is a transfer of
ownership of the
There is no transfer
of ownership of the
(Art. 1953 – 1961)
thing delivered thing delivered.
A contract whereby one party delivers to another,
money or other consumable thing with the
understanding that the same amount have the FORM OF PAYMENT (Art. 1995):
same kind and quality shall be paid. (Art. 1953) 1. if the thing loaned is money
General Rule: payment must be made in the
currency stipulated, if it is possible;
The mere issuance of the checks does otherwise it is payable in the currency which
not result in the perfection of the contract of loan. is legal tender in the Philippines
The Civil Code provides that the delivery of bills, of Exception: In case of extraordinary inflation or
exchange and mercantile documents, such as deflation, the basis of payment shall be the
checks, shall produce the effect of payment only value of the currency at the time of the
when they have been encashed (General vs. CA creation of the obligation.
218 SCRA 638). It is only after the checks have 2. If what was leaned is a fungible thing
produced the effect of payment that the contract of other than money – the borrower is under
loan may be deemed perfected. obligation to pay the lender another thing of the
same kind, quality and quantity. In case it is
CB cir. 905 cannot apply retroactively impossible to do so, the borrower shall pay its
to a contract executed prior to its effectively. CB value at the time of the perfection of the loan.
905 did not repeal nor in anyway amend the Usury
Law, but simply suspend the Latters effectively
(Medel v. CA, 299 SCRA 481)
DEPOSIT COMMODATUM
Purpose is Purpose is the
safekeeping. transfer of the use.
May be gratuitous Essentially and
always gratuitous
Movable/corporeal Both movable and
KINDS OF DEPOSIT:
A contract constituted from the moment a person 1. Judicial (sequestration) – when an
receives a thing belonging to another with the attachment or seizure of property in litigation
obligation of safely keeping it and returning the is ordered.
same. If the safekeeping of the thing delivers is 2. Extra-judicial
not the principal purpose of the contract, there is
no deposit but some other contract (Art. 1962) The prevailing rule is that the relation between a
bank renting out safety deposit boxes and its
customer with respect to the contents of the box is
that of a bailor and bailee, the bailment being for
hire and manual benefit (CA Agro-industrial
Development Corp. vs. Court of Appeals, Mar. 3,
Characteristics
1993, 219 SCRA 435)
1. Real Contract – contract is perfected by the
delivery of the subject matter
Judicial Extra-Judicial
2. Unilateral – only the depositary has an
1. Creation
obligation
3. Bilateral – gives rise to obligations on the part Will of the court Will of the parties
of both the depository and depositor or contract.
2. Purpose
DEPOSIT MUTUUM Security or to Custody and
1. Purpose insure the right of safekeeping.
a party to property
Principal purpose is Principal purpose is
or to recover in
safekeeping or consumption
case of favorable
custody
judgment.
2. When to return
Depositor can The latter must wait
demand the return of until the expiration of
the subject matter at the period granted to 3. Subject Matter
will the debtor. Movables or Movables only.
3. Subject Matter immovables, but
Subject matter may Subject matter is generally
be movable or only money or other immovables.
immovable property fungible thing
4. Relationship 4. Cause
Always onerous. May be person designated although he has not made
compensated or any demand for its return.
not, but generally
gratuitous.
5. When must the thing be returned
Upon order of the Upon demand of EXTINGUISHMENT OF VOLUNTARY DEPOSIT
court or when depositor. (Art 1995)
litigation is ended.
6. In whose behalf it is held a. loss or destruction of the thing deposited
Person who has a Depositor or third b. in case of gratuitous deposit, upon the death of
right. person designated. either the depositor or the depositary
c. other causes, such as return of the thing,
novation, merger, expiration of the fulfillment
General Rule: contract of deposit is gratuitous of the resolutory condition etc (Art 1231)
(Art 1965)
Exceptions:
1. When there is contrary stipulation; Necessary Deposits
2. Depositary is engaged in business of 1. made in compliance with a legal obligation;
storing goods; or 2. made on the occasion of any calamity such as
3. Property saved from destruction without fire, storm, flood, pillage, shipwreck or other
knowledge of the owner. similar events(deposito miserable)’ or
3. made by the travelers in hotels and inns or b
travelers with common carrier.
General Obligations of Depository And
Depositor:
Deposit by Travelers in Hotels and Inns:
Depository Depositor the keepers of hotels or inns shall be
1. Keep the thing safely; 1. If gratuitous- responsible as depositories for the deposit of
2. Not to use it, to reimburse effects made by travelers provided:
generally; the necessary expenses a. notice was given to them or to their employees
3. Keep the secret of the for preservation of the effects brought by the guest; and
deposit 2. If onerous- to pay b. the guests take the precautions which said
4. Return the thing with the price agreed upon hotel-keepers or their substitutes advised
all its products, generally, to reimburse relative to the care and vigilance of their
accessories upon the depository for loss effects.
demand even though imputable to the
a specified period of depositor Notes:
time has been fixed liability extends to vehicles, animals and
for such return articles which have been introduce or placed
in the annexes of the hotel.
Rule when there are two or More Depositors General rule: liability shall EXCLUDE losses
(Art 1965) which proceed from force majeure.
1. If thing deposited is divisible and depositors Exception: the act of a thief or robber is not
are not solidary. Each depositor can demand deemed force majeure unless done with the use of
only his proportionate share thereto. arms or irresistible force.
2. If obligation is solidary or if thing is not
divisible: Rules on active solidarity shall apply. The hotel-keeper cannot free himself from the
i.e. each one of the solidary depositors may do responsibility by posting notices to the effect
whatever may be useful to the others but not that he is not liable for the articles brought by
anything which may be prejudicial to the latter, the guest. Any stipulation to such effect shall
(Art. 1212) and the depository may return the be void.
thing to an one of the solidary depositors Notice is necessary only for suing civil liability
unless a demand, judicial or extrajudicial, for but not in criminal liability
its return has been made by one of them in
which case, delivery should be made to him.
3. Return to one of depositors stipulated. The
depositary is bound to return it only to the
c. Judicial – one which is required by a court
to guarantee the eventual right of one of the
parties in a case.
GUARANTY
3. As to Consideration
AND SURETYSHIP a. Gratuitous – the guarantor does not receive
any price or remuneration for acting as such.
b. Onerous – the guarantor receives valuable
consideration.
GUARANTY
4. As to the Person guaranteed
An accessory contract whereby a person, called the a. Single – one constituted solely to guarantee
guarantor, binds himself to the creditor to fulfill the or secure performance by the debtor of the
obligation of the principal debtor in case the latter principal obligation.
should fail to do so (Art. 2047, Par. 1, NCC) b. Double or sub-guaranty – one constituted
to secure the fulfillment by the guarantor or
& By guaranty a person, called the guarantor, binds a prior guaranty.
himself to the creditor to fulfill the obligation of the 5. As to Scope and Extent
principal debtor in case the latter should fail to do a. Definite – the guaranty is limited to the
so. When a person binds himself solidarily with the principal obligation only or to a specific
principal debtor, the contract is called suretyship. portion thereof.
Guaranty and surety are nearly related for there is b. Indefinite or simple – one which not only
a promise to answer for the debt or default or includes the principal obligation but also all
another. Surety is usually bound with his principal its accessories including judicial costs.
by the same contract of guaranty, guarantor’s own
separate undertaking often supported by a
consideration separate from the supporting the
contract of the principal, the original contract of his SURETYSHIP
principal is not his contract. (Phil. Export & A contract of guaranty where the guarantor binds
Guarantee v. VPEusebio Construction, Inc. G.R. himself solidarily with the principal debtor (Art.
no. 140047 July 13, 2004). 2047, Par. 2)
& While a surety is solidarily liable with the principal
debtor, his obligation to pay only arises upon the
principal debtor’s failure or refusal to pay. A
contract of surety is an accessory promise by Solidary liability is one of the primary
which a person binds himself for another already characteristics of surety contract, solidary
bound, and agrees with the creditor to satisfy the obligation proceed against any one of the
obligation if the debtor does not pay. A surety, as solidary debtors or some or all of them
an insurer of the debt, promises to pay the simultaneously. (Land & Company (Phils.)
principal’s debt if the principal will not pay (Babst Inc., el al., v. Metropolitan Bank & Trust
v. CA, G.R. No. 99398, January 26, 2001). Company, G.R. No. 159622, 07/30/2004).
INDORSEMENT GUARANTY
2. Subrogation
NOTES:
When Guarantor May Proceed Against
Principal Debtor Even Before Payment:
Judicial bonds constitute merely a special class of
contracts of guaranty by the fact that they are
1. Reasonable ground to fear that principal debtor given “in virtue… of a judicial order.”
will abscond;
If the person required to give a legal or judicial
2. After the lapse of ten years;
3. Period has expired; bond should not be able to do so, a pledge or
4. Imminent danger of debtor becoming mortgage sufficient to cover the obligation shall be
insolvent; admitted in lieu thereof (Art. 2083, NCC)
5. Debtor is insolvent;
6. Debt is already demandable; and A judicial bondsman and the sub-surety are NOT
7. Sued for payment. entitled to the benefit of excussion because they
are not mere guarantors, but sureties whose
liability is primary and solidary. (Art 2084, NCC)
Extinguishment of Guaranty
Bond
Essential Requirements of Pledge and
An undertaking that is sufficiently secured, and not Mortgage
cash or currency
1. Constituted to secure the fulfillment of a
principal obligation;
2. Pledgor or mortgagor is the absolute owner of If there are reasonable grounds to feat the
the thing pledged or mortgaged; destruction or impairment of the thing pledged,
3. Persons constituting the pledge or mortgage without the fault of the pledge, the pledgor may
have the free disposal of their property, or demand the return of the thing, upon offering
legally authorized for the purpose; another thing in pledge, provided the latter is of
4. When the principal obligation becomes due, the same kind as the former and not of inferior
the things in which the pledge or mortgage quality, and without prejudice to the right of the
consists may be alienated for the payment of pledge under the provisions of the following article.
the creditor; The pledge is bound to advise the pledgor,
5. Thing pledged must be delivered to the without delay, of any danger to the thing pledged.
creditor or to a third person by common
agreement.
Extinguishment of Pledge:
1. Thing pledged returned to pledgor;
2. Statement in writing by pledge that pledge is
Pactum Commissorium
renounced or abandoned; or
3. Public sale of thing when credit not satisfied in
A stipulation whereby the thing pledged or due time.
mortgaged or under antichresis shall automatically 4.
become the property of the creditor in the event of
nonpayment of the debt within the term fixed.
Such is forbidden by law and declared null and RIGHTS AND OBLIGATIONS OF A PLEDGOR
void.
Rights Obligations
1. Judicial
2. Extrajudicial
Extent of Mortgage:
Future property cannot be an object of a Order of court cuts off Foreclosure does not
contract of mortgage (Art 2085[2], NCC) all rights of the parties cut off right of all
However, a stipulation subjecting to the impleaded. parties involved.
mortgage the mortgagor may subsequently
acquire install, or use in connection with real There is equity of There is a right of
property already mortgaged belonging to the redemption except on redemption.
mortgagor is valid (People’s Bank and Trust banks which provides
Co.,20 SCRA 84)
for a right of
Special rights: redemption.
Preference of Lien
Conventional subrogation requires an agreement emergence of a new one. A clause in a lease
among the three parties concerned – the original providing for a renewal merely creates an
creditor, the debtor and the new creditor. It is a obligation to execute a new lease contract for the
additional term. As renewal of the contract
new contractual relation based on the mutual
contemplates the cessation of the old contract,
agreement among all the necessary parties. Thus, then it is necessary that a new one be executed
Art. 1301 of the Civil Code explicitly states that the between the parties. (Buce v. CA, GR No. 136913,
“conventional subrogation of a third person May 12, 2000)
requires the consent of the original parties and of
the third person” (Licaros vs. Gatmaitan, GR No.
142838, August 9, 2001) Characteristics or Requisites for Lease of
Things
1. Consensual
Reflectionary Credit
2. Principal
3. Nominate
Primarily indebtedness incurred in the repair or 4. Purpose is allow to enjoyment or
reconstruction of something previously made such use of a thing (the person to enjoy is the
repair or construction being made necessary by the lessee; the person allowing the enjoyment by
deterioration or destruction of the things as it another is the lessor)
formerly existed. 5. Subject matter must be within the
commerce of man
6. Purpose to which the thing will be
devoted should not be immoral
7. Onerous (there must be rent or
TWO – TIER ORDER OF PREFERENCE price certain)
8. Period is temporary (not perpetual,
◘ Articles 2241 and 2242, jointly with hence, the longest period is 99 years)
Article 2246 to 2249, established a two-tier order 9. Period is either definite or
of preference. The first tier includes only taxes, indefinite
duties and fees due on a specific movable or
immovable property. All other special preferred If no term is fixed, we
(non-tax) credits stand on the second-tier to be should apply Art. 1682 (for rural leases) and
satisfied pari passu and pro rata, out of any Art. 1687 (for urban lessee)
residual value of the specific property to which If the term is fixed but
such other credits relate. indefinite, the court will fix the term under the
law of obligations and contracts
10. Lessor need not be the owner.
A usufructuary may thus lease the premises in
favor of a stranger, such lease to end at the
time that the usufruct itself ends.
LEASE Rent
The compensation either in money,
provisions, chattels, or labor, received by the
lessor from the lessee
Lease When a student boards and lodged in a
A consensual, bilateral, onerous and dormitory, there is no contract of lease. The
commutative contract by virtue of which contract is not designated specifically in the Civil
one person binds himself to grant Code. It is an innominate contract. It is however;
temporarily the use of the thing or to believe that the contract can be denominated as
render some service to another who the contract of board and lodging.
undertakes to pay some rent. There is a contract of lease when the
use and enjoyment of a safety deposit box in a
bank is given for a price certain. This is certainly
not a contract of deposit.
Generally, the renewal of a contract connotes
the death of the old contract, and the birth or LEASE SALES
Only use or enjoyment Ownership is subletting in the contract itself. To bar the lessee
is transferred. transferred from subletting, the contract of lease must
Transfer is temporary Transfer is permanent expressly stipulate the prohibition on subletting.
Lessor need not be Seller must be the (Mon v. Court of Appeals, et al., G.R. No. 118292,
theowner owner at the time the 04/14/204)
property is delivered
The price of the object, Usually, the selling When Lessee may Suspend the Payment of
distinguished from the price is mentioned Rent:
rent, is usually not 1) Lessor fails to undertake necessary repairs.
mentioned 2) Lessor fails to maintain the lessee in peaceful
and adequate enjoyment of the property
leased.
LEASE OF THINGS LEASE OF SERVICES When the period of lease has expired, there was
Object of contract is a Object is some work or no longer any lease has expired, there was no
thing service longer any lease that could be extended by the
Lessor has to deliver Lessor has to perform court. Hence when the court extended it, it in
the thing leased some work or service effect, made a new contract for the parties, a
In case of breach, In case of breach, no power it did not have (Henson v. IAC, 148 SCRA
11).
there can be an action action for specific
for specific performance
Lease for an indefinite period is one with a
performance
resolutory condition. In this case, the contract
provided that the lease period shall continue for an
indefinite period provided that the lessee is up-to-
date in the payment of his monthly rentals.
(Jespajo Realty Corp. v. CA et al., GR 113626,
LEASE OF SERVICES CONTRACT FOR A
September 27, 2002).
(location operatum) PIECE
(location operas)
SUBLEASE ASSIGNMENT OF
The important object is The important object is
LEASE
the labor performed by the work done
There are two leases There is only one
the lessor
and two distinct juridical relationship,
The result is generally The result is generally
juridical relationships that of the lessor and
not important, hence important; generally,
although immediately the assignee, who is
the laborer is entitled the price is not payable
connected and related converted into a
to be paid even if there until the work is
to each other lessee
is destruction of the completed, and said
The personality of the The personality of the
work through price cannot be
lessee does not lessee disappears
fortuitous event lawfully demanded if
disappear
the work is destroyed
The lessee does not The lessee transmits
before it is finished and
transmit absolutely his absolutely his rights
accepted
rights and obligations to to the assignee
the sublessee
The sublessee, The assignee has a
generally, does not direct action against
SUBLEASE have any direct action the lessor
against the lessor
A separate and distinct contract of lease
wherein the original lessee becomes a
sublessor to a sublessee. Rights of Lessor if Sublease Prohibited but
Allowed unless expressly prohibited. Entered into by Lessee:
The sublessee is subsidiarily liable for any rent 1) Rescission and damages;
due. The lessor has a direct action against the 2) Damages only (Contract will be allowed to
sublessee for unpaid rentals and improper use remain in force); or
of the object. 3) Ejectment.
Registration of Deeds
Constitutes a public repository of records of
instruments affecting registered or
unregistered lands and chattel mortgages in
the province or city wherein such office is
situated.
LAND TITLES & DEEDS
The function of a Register of Deeds with
reference to the registration of deeds,
encumbrances, instruments and the like is
Ordinary registration of title
ministered in nature (Baranda vs. Gustillo, 167
SCRA 757).
TORRENS TITLE
Certificate of ownership issued under the Torrens Registration and Transfer
System of registration by the government, through
We have consistently held that the Torrens
System is not a means of acquiring titles to An amendment consisting in the inclusion of an
lands. (Sps. Del Rosario vs. Montana, et al., area not originally applied for registration must be
G.R. No. 134433, May 28, 2004) published. Without new publication the registration
court cannot acquire jurisdiction over the area
When Stronghold registered its notice of covered by the application (Benin vs. Tuason, 57
attachment, it did not know that the land being SCRA 531)
attached had been sold to petitioner. It had no
such knowledge precisely because the sale,
unlike the attachment, had not been registered. Probative Value of Torrens Title – Torrens Title
It is settled that a person dealing with should be received as evidence in all the court of
registered property may rely on the title and be the Philippines, and shall be conclusive as to all
charged with notice of only such burdens and matters contained therein principally, the identity
claims as annotated thereon. (Dy vs. of the owner of the covered thereby except so far
Stronghold Insurance Co., Inc., G.R. No. as provided in the Land Registration Act.
156580, June 14, 2004)
3. Appeal
RECONSTITUTION OF TITLE
4. Petition For Review, requisites:
a. Petitioner has a real and dominical right;
b. He has been deprived thereof; Restoration of the instrument which is supposed to
c. Through actual fraud; have been lost or destroyed in its original form and
d. Petition is filed within one year from issuance condition.
of the decree;
e. Property has not yet passed to an innocent
purchaser for value.
CLASSIFICATION OF LANDS
5. Action For Reconveyance, grounds: 1. Forest
a. Fraud (within four years from discover of 2. Agricultural
fraud); 3. Mineral
b. Implied or constructive trust; 4. Public Parks
c. Express trust;
d. Void contract.
3. Unfair Competition.
NEGLIGENCE
Unfair Competition in agricultural, commercial, or
industrial enterprises, or in labor, through the use
The omission of that degree of diligence, which
of force, intimidation, deceit, machination or any
is required by the nature of the obligation and
unjust or oppressive or highhanded method shall
corresponding to the circumstances of person,
give rise to a right of action by a person who
time and place (Article 1173 Civil Code)
thereby suffers damage. (Article 27, Civil Code)
It is the omission to do something which a
reasonable man, guided by those
considerations, which ordinarily regulates the
Cases included:
conduct of human affairs, would do or the
doing of something which a prudent and
a. Passing off and disparagement of products; reasonable man would not do.
b. Interference; Involve voluntary acts or omissions which
c. Misappropriation; result in injury to others without intending to
d. Monopolies and predatory pricing. cause the same or because the actor fails to
exercise due care in performing such acts or
omissions.
4. Securities Related Torts
Kinds:
a. Fraudulent transactions; GROSS NEGLIGENCE
b. Misstatements or omission of
statement of a material fact required to be Negligence where there is “want of even slight care
stated. and diligence.”
1. Time
Requisites of Res Ipsa Loquitor:
2. Place
1. The concurrence must not be a normal 3. Emergency
occurrence;
4. Gravity of Harm to be avoided
2. There is a failure to explain the 5. Alternative Course of Action
extraordinary occurrence.
6. Social value or utility of activity
7. Person exposed to the risk
IMPUTED NEGLIGENCE – One who did not DEFENSE FOR 1-6: Observance of diligence of a
commit the act or omission causing damage to good father of family to prevent damage.
another can still be civilly liable directly or
subsidiarily.
DEFENSE OF EMPLOYERS:
1. Exercise of due diligence in control and
Article 2180- liability for acts or omission of those supervision.
persons for whom one is responsible, the
employer, parents, guardians, teachers and heads Where the security agency recruits, hires
of schools of Arts and Trade (however, now it and assigns the works of its watchmen or
applies to all kinds of schools), and the owner and security guards to a client, the employer of
manager of establishments are solidarily liable. such agency, and not the client, since the
However under the Revised Penal Code, the latter has no hand in selecting the security
employer is subsidiarily liable that is, only if the guards. Thus, the duty to observe the diligence
employee is insolvent. of a good father of a family cannot be
demanded from the said client. A client or
customer of a security agency has no hand in
selecting who among the pool of security
LIABILITY FOR ACTS OR OMISSION OF THOSE guards or watchmen employed by the agency
PERSONS FOR WHOM ONE IS RESPONSIBLE: shall be assigned to it; he duty to observe the
1. Father, or in case of death or incapacity, diligence of a good father of a family in the
the mother: selection of guards cannot, in the ordinary
a. Damage caused by minor children; course of events, be demanded from the client
b. Living in their company. whose premises or property are protected by
2. Guardian the security guards. The fact that a client
a. For minors or incapacitated; company may give instructions or directions to
b. Under their Authority; the security guards assigned to it, does not, by
c. Living in their company. itself, render the client responsible as an
3. Owners and manager of establishments; employer of the security guards concerned and
1. For their employees; liable for their wrongful acts or omissions.
2. In the service of the branches in which they (Mercury Drug Corporation v. Libunao, G.R.
are employed; or No. 144458, 07/14/2004)
3. On the occasion of their functions. 2. Act was done outside working hours and in
4. Employers violation of the company’s rules and
a. For employees and household helpers; regulations.
of the loan extended to respondents. Exemplary
damages, are intended to serve as an example or
a correction for the public good. Courts may award
LIABILITY WITHOUT FAULT: them if the defendant is found to have acted in a
INTENT OR NEGLIGENCE IS IMMATERIAL: wanton, fraudulent, reckless, oppressive, or
malevolent manner. (Philippine National Bank v.
1. A possessor of an animal or whomever may RBL Enterprise, Inc. et al., G.R. No. 149569,
make use of the same for damages it may cause. 05/28/2004)
Defenses:
a. Force majeure;
b. Fault of the person suffering the damage;
and
c. Act of third persons.
DAMAGES
2. Product liability of manufacture and
processor of foodstuff, drinks, toilet articles and A sum of money, which the law awards or
similar goods, for death or injuries caused by any imposes as pecuniary compensation,
noxious or harmful substances used, although no recompense or satisfaction, for an injury
contractual relation exists between them and done or a wrong sustained as a consequence
consumers. of the breach of some duty or violation of
There is prima facie presumption of some right (PNB v. RBL Enterprise, G.R. No.
negligence on the part of the defendant if 149589, May 28, 2004)
the death or injury results from his
possession of dangerous weapon or
substances EXCEPT when the possession or
use is indispensable to his occupation or
KINDS OF DAMAGES
business.
3. Proprietor of a building or structure –
damages resulting from its total or partial 1. ACTUAL DAMAGES
collapse, if it should be due to lack of Those recoverable for pecuniary loss
necessary repairs. General Rule: The actual value of the loss
4. Head of a family living in a building – must be proved for recovery.
damages caused by things thrown or failing Exceptions:
from the same. a. Stipulation of the parties.
5. Breach of implied warranties b. When provided by law.
6. Consumer’s Act (R.A. 7394) – any Filipino
or foreign manufacturer, producer and The award of actual damages cannot be
importer, independently of fault shall be liable based on the allegation of a witness without
for redress, for damages caused to consumers any tangible document to support such claim.
by defects resulting from: In determining actual damages, courts cannot
a. Design; rely on mere speculations, but must depend
b. Manufacture; on competent proof. (Bank of the Philippines
c. Construction; Islands vs. ALS Management & Development
d. Assembly and erection; Corp., G.R. No. 151621, April 14, 2004).
e. Formulas and handling and making up;
f. Presentation or packing of their products as There is Need to:
well as for the insufficient or inadequate a. Stipulation of the parties.
information on the use and hazards thereof. b. When provided by law.
Earning Capacity
Ordinary Damages x Life Expectancy (in months)
That which is generally an inherent breach of Damages Recoverable By Heirs
typical contract.
4. TEMPERATE (MODERATE)
DAMAGES Guidelines in the Award of Exemplary
Compensation more than nominal but less than Damages:
compensatory damages awarded when court 1. Exemplary or corrective damages are imposed,
finds that offended party suffered some by way of example or correction for the public
pecuniary loss not ascertainable. good, in addition to the moral, temperate,
liquidated or compensatory damages (Article
2229, NCC)
Requisites: 2. In criminal offenses, exemplary damages as
part of the civil liability may be imposed when
1. Some pecuniary losses; the crime was committed with one or more
2. Loss is incapable of pecuniary estimation; aggravating circumstances. Such damages are
3. Must be reasonable. separate and distinct from fines and shall be
paid of the offended party (Article 2232, NCC)
3. In quasi-delicts, exemplary damages may be
granted if the defendant acted with gross
negligence (Article 2232, NCC)
4. In contacts and quasi-contracts, the court may
5. LIQUIDATED DAMAGES award exemplary damages if the defendant
Those agreed upon by parties to be paid in case of acted in a wanton, fraudulent, reckless,
breach of contract. It is in the nature of penalty. oppressive or malevolent (Article 2232, New
Civil Code)
5. Exemplary damages cannot be recovered as a
6. EXEMPLARY DAMAGES matter of right; the court will decide whether
Imposed by way of example or correction for public or not they should. Be adjudicated (Article
good in addition to the moral, temperate, 2233, NCC)
liquidated or compensatory damages. 6. While the amount of the exemplary damages
need not be proved, the plaintiff must show
that he is entitled to moral, temperate or
Pre – Requisite: claimant must prove that he is compensatory damages before the court may
entitled to moral, temperate or compensatory consider the question, of whether or not
exemplary damages should be awarded. In
case liquidated damages have been agreed
upon, although no proof of loss is necessary in Dispositions)
order that such liquidated damages may be 3. As to applicability
recovered, nevertheless, before the court may Governs rights and Deals with rights and
consider the question of granting exemplary obligations of States obligations of private
damages in addition to the liquidated and their relationships individuals and their
damages, the plaintiff must show that he among themselves private transactions
would be entitled to moral, temperate or which involve a foreign
compensatory damages were it not far the element
stipulation for liquidated damages (Article 4. As to persons involved
2234, NCC) Governs only states Governs individuals or
7. A stipulation whereby exemplary damages are and internationally corporations
renounced in advance shall be null and void recognized
(article 2235, New Civil Code) organizations
5. As to transactions
Recognized Assumes control over
transactions in which transactions strictly
sovereign States are private in nature
interested
6. As to remedies
DEFINITION OF TERMS:
Double Renvoi – occurs when the local court, Lex Loci - law of the place
in adopting the foreign court theory, discovers that
the foreign court accepts the renvoi. Lex Nationalii – Law of one’s nationality; in
Transmission – the process of applying the conflicts, the law of one’s domicile is applied in the
law of foreign state through the law of a second choice of law questions.
foreign state.
Lex Patriae - National law
Remission – a kind of renvoi where the
reference is made back to the law of the forum. Long Arm Statutes – statutes specifying the
kinds of contracts upon which jurisdiction will be
Lex Fori (law of the forum) – the positive asserted. A state must show that there are
law of the state, country or jurisdiction, of whose minimum contracts between the non-resident
judicial system of the court where the suit is defendant and the forum to justify the exercise of
brought or remedy is sought, is an integral part. jurisdiction.
Lex loci contractus – the law of the place Nationality - theory by virtue of which the
where the contract was made or law of the place status and capacity of an individual are generally
where the contract is to be governed which may governed by the law of his nationality. This is
not be the same as that of the place where it was principally adopted in the RP.
made.
Particularism - maintains the view that each
Lex loci rei sitae – law of the place where the State creates its own unique norms of Conflict of
thing or subject matters is situated. Questions of Laws pursuing its own policy.
real property can be affected only by the law of the
place where it is situated. Universalism - considers Conflict of Laws as a
part of international Law, claiming that its norms
Lex situs – law of the place where property is are uniform, universal and obligatory for all states.
situated; the general rule is that lands and other
immovables are governed by the law of the state
where they are situated.
Private international law "sensu stricto" - state of mind - i.e., that they do not believe that it
comprises conflict of laws rules which determine will fail.
the law of which country (state) is applicable to
specific relations. Talaq – the muslim divorce.
Note: The husband may initiate the divorce
Private international law "sensu largo" - process by pronouncing the talaq, the formula of
comprises private international law "sensu stricto" repudiation, three times. The first two times the
(conflict of laws rules) and material legal norms talaq is pronounced, it may be withdrawn. But the
(the applicable specific municipal law of a state, third time it is pronounced, the divorce is
whether of the forum or foreign) which have direct irrevocable. There are a range of systems
extraterritorial character and are imperatively specifying the requisite formalities to complete an
applied (eg., regulations on real property, irrevocable divorce, i.e., whether some period of
consumer law, currency control regulations, time must elapse between each pronouncement of
insurance and banking regulations). talaq, whether there must be mediation, or the
Doli incapax - a principle which raises an need for witnesses. For example, in Pakistan,
irrebuttable presumption in criminal law that an section 7 Muslim Family Laws Ordinance 1961
infant is incapable of committing a crime. requires the following steps: