. LEX PARETO NOTES “VOLUME 11” 2010 Edition, oe - OMe LAW / TAXATION "Law By Zigfred Diaz* Alrey Quano* Louella | Matsumoto. *.Ma. Salud Barillo* Danelt Fernandez * Nolito, Dayanan Maria Patricla Katrina De Guia* Hetenytte Yu “a onward ee ABELARDO Tr DoMoNBON'. oe ” # Proce! Revower “sen 971-1 -2019-01'5. J. Vital few... tivial many *%q DITION Allrights reserved 2010 . ad in is Publication reproduced i any form without permission fram the authors ..» All rights reserved. No {orn o by any means, ectrone 6 foxing without written permis: om the authors. ina photocapying or rasan" it pare aie, cxaminations; ‘neither shall they be ; Alrey D ano = Louetla Matsumoto Maria Patricia Katrina De Guia Hel e t Helenytte Yu. Danell Femandez Nolito Dayanai 4 en book may be reproduced in any. Approximately...” 20% of criminals account for 80% of crime: : 20% of motorists account for 80% of accidents’ 20% of married individuals account for 80% of divorces 20% of streats account for 80% of the traffic ©" °° “ 20% of product flaws account for 80% of problems. : 30% of clients usually account for 80% of an organization's profits 20% of the clothes in your closet are worn 80% of the time ~ «and the ist could go on and on... Now with ihe Lex Pareto notes sig toven that, 8 % of the.bar exam. questions are derived from - 20 % of the law, hence you need to spend 80% of your time with 20 % of the law as pointed out in the Lex Pareto Notes. “Things which matter most must never Bo at the mercy of things that matter least.” . . . = Goethe “The reasonable man adapts hiniself to the world. The unreasonable one persists ia trying to adapt ihe world to fimsolt, Therefore, all progress depends on the unreasonable man.” : ~ George Bérnard Shaw =the few things that work fantastically well should be identified, cultivated, nurtured, and multiplied.” sey . = Richard Koch THINK 80/20: STUDY SMARTER NOT HARDER“This is a break- nh inciple been constceatiesurcoos sich cers Fl Sie a i th miltary scionce, and portfolio investment. We awe a lot to the authors. fer -_, Bite Manuel R, Riguera Review Director, Jurists Bar Review Canter wnw Juristsbar.com.ph ‘Undersigned wishes to congratulate those who are responsible for the . making of this project ~ THE LEX PARETO NOTES. Needless to Say, this can , Prof, Jonah S. Viltagonzalo Ber Exam revi Dean Emeritus, Southwastern University, Sehoeror fey “Superbil! One of istic reviewer tabgr ON he best statistical, bar problem-based, codar-based 6 70h place, 1901 Bar exams, dar rams He “Very well researched, the foose ends oF one's revi” ONTIN® 20 HEN. very lp tol in ying up Prof. Associate Dean, San Sabestian Collead of Lak Bar exam reviewer GRO Wo RD “There is no such thing as chance, only patterns we do not understand” So said the famous author Harlan Elison. For years | had been lacturing students about studying the pattern of frequently asked questions in tha bar exams. Those seeds | have planted in the minds of the students fell on several “grounds.” Some fall on the wayside that Is they had just been ignored which rasulted in consequences for some of these students. Others fell on “thomy grounds,” the traditional methods and’ approach. of reviewing for the bar soon choked the seeds that is about to grow artd soon It withered away, Yet some fell on good ground and it bore fru. ‘This work is an example of the sead that has been planted that fell.on| good ground, The authors of this work have not merely opted to listen and wait for somebody else to do something, but rather they were pro-active end to take the challenge I had been posing throughout the years. That is that, “The bar exam is not that hard, you only need to find out the pattern frequently asked questions and master these key concepts. “ This is all thats needed to pass or even top the bar exams. | myself am living testimony to the truth of this principle. | concur with the statement of Hart Elson. There Is no such thing as chance, only patiems we do not understand Gur Creator has created world that runs on a set of rules and principles. To make use of this “order is to bring glory to His name. To disregard this order ie, in the words of Scripture “ . . . him that knoweth to do good, and dosth it not, tc ‘him itis sin.” May this book aid you in your pursuit for the noblest profession, Fe Domondor 4° placer, 1985 Bar Examinations Law professor, Author, & Bar exam reviewer htip:/www.primusinfo.blogspot com!Fhis Aurnble. work ts dedicated to To the source of all knowledge and divine wisdom, God Almighty. To all our loved ones and family members, Thanks for your support. To our respective law deans, law professors, Bar Exam reviewers, coaches and mentors. We extend our thanks as well to all book authors, the U.P law complex, the Phitippine Association of Law Schools and all bar review centers. Thanks to all of you for being the source of our fegal knowledge. Special thanks to the management team of Jurist Bar review center, Prof. Getar Lutian, Atty. Gina Lutian, Prof. Manny Riguera and Atty. Hazel Riguera, who has played a very important part in guiding us through the rough seas of preparing for the bar exams. This goos also to the Bar reviewers of the Lex review and seminars and the Primus pre-bar review division, To Archt. Jose Baftez, former department head at the Cebu Institute of Technology, Industrial Engineering department. There Is no other person that | personally know that can explain and apply in the real world the Pareto concept se simply than this man, . To Prof, Abelardo Domondon, who believed in us and who ignited the fire within us to start this project. Without him this project would not have materialized. He has inspired us to "Think out of the box.” He is the original proponent of the idea that the bar exam has a pattern. Our words of appreciation are not enough to thank this man who has helped countless number of students who became lawyers or who would become Jewyers bocause of his inspiration. . To aif who patronized the Lex Pareto Notes and bought original copies. We could not have sold thousands of copies of the 2007 edition without youl Thank you so much for your support! The Lex Pareto Team ‘July 2010 www lexparetonotes.zdiaz.com Ear [conten Ss ert sction to the Lex Pareto notes ‘Whats the “Lex Pareto notes” and why call is called such? «+ Who is Pareto anyway ? ple" . so So what does the “Pareto principle’ really MeAN?. renee How ean observing the Pareto principle in the bar exam Ia you str Since we afe talking about the bar exams is the Lex pareto notes senior students only ? What the Lex Pareto notes i NOt... Does the Lex Pareto nates cover the 8 bar subjects ? .. work 2, tne Lex Pareto Notes really won ite new othe 2010 ean apter I a iction to the bar exams far Remedial law ... arr tenon rear though suse ar Exarin He Vital 20... -Frequety asked afides inthe 23 €X2M en ceed cneneny how! Goctines that coud be the basis for their answers} Chapter l= Taxation Jaw, ical exercises - rction to the bar exams fer legal ethics & practi ' lar rin Freshmen, ‘Breeze through” student, Bar Exarninees N= Vital 20 oo a 255 ‘in the bar exarns ........ ar eae commonly known doctines et could be the basis fr their Answers)A famous bar reviewer once said, that only 25 % of the articles in the Civil cade are gding to be asked in the bar exams, The rest of the 75% will never be asked or if they will be, they will seldom be asked. He quipped “Magiging ka tawa-tawa ang bar exam. pag kinuha sa 75 % sa civil code ang mga questions.” Prof, Abelardo Domondon said that one of the réasons why he became a bar exam topnotcher is because he studied the previous bar exam questions and saw a “pattern® in the questions that were being asked. He even showed evidence concerning this matter. This is what the Lex Pareto Notes is all about. The Lex Pareto Notes is based on the foundation laid down by Italian economist Vilfredo Pareto. If Pareto were alive today he could say that 20 % of the law are the questions that will most ly be asked in the bar exams, while approximately 80 % ofit will rarely be asked or never asked at al. Parato at Vilfredo Pareto is an italian economist. In 1806 he observed that twenty percent of the people owned eighty percent of the wealth. Through that he created a mathematical formula to describe the unequal distribution of wealth in his country. After Pareto made his observation and created his formula, many others ‘observed similar phenomena in their own areas of expertise. In the lale 1940s, Dr. Joseph M. Juran a quality management pioneer ‘based in the U.S attributed the 80/20 Rule to Pareto, calling it Pareto's Principle. Or, Juran reduced this universal principle ing and gave another term for it, the "Vital few, trivial many" prineple. Chapter | - introduction to the Lex Pareto Notes 1vowume I The €0/20 Rule means that in anything, and many (80 percent) are trivial For The value of the Paret i remind to Principle for a bar i il reminds you wire to focus your study on. Of all the ioe that ya 4 20'pertont rene Lo ercont realy matier in the bar exams Those meee mee le bar exam questions Wi it ee fidate should spend 80 % of his time studying the vital Some people say yy that we sho study smart. Definitely that is serena more important to study smart idy hard but suo, however we should rementen fen on the right things. ‘emember thal it is P Senior faw students are the ones who want 1 Rey concepts as they will be soon facing the bar ‘sto notes are very much useful for freshmen . as it gives “ A Chapter | - Introduction to the Lex Pareto Noles and nery 60 Pareto # meant 30 pct fa owned 80 percent of ' e wenticd 70 porvent of we ee tof oe, wealth In Juren's work he identified 20 in fact the earlier you master these key concepts, the better. The freshmen years are the best time in the world wherein you should master these vital articles. All successful bar examinees agree that the bar exams is all about mastery and mastery cannot be gained without _constant repetition. For the senior law students, it works in two ways. For those who have gained “mastery” in the vitals it just makes thei review such instead of doing the summarizing thems those who seems to have breezed through law school (‘Breeze through student’) and suddenly realized that they will be taking the bar exams the next year, fret not!!! The Lex Pareto notes comes to your rescue as it helps you to do "cramming" in ofder to achieve @ misnomer “mastery.” In “helps* the unprepared it should definitely work for the prepered, rehensive commentary. - It is not a substitute to codals, reviewers or commentaries. A law student is expected to learn everything about the law. This is done during 1* year to 3 year. The Lex Pareto notes is not suggesting thal you only read ‘and understand about the key concepts during your 1 year until your 3° year. You are to read and understand everyt bout the law during these years. The Lex Pareto notes merely points out the key concepts that are being frequently asked during the bar exams. The Lex Pareto notes does not promote indolence in studying nor does it promote that it is possible for you to become a lawyer without truly understanding the spirit of the law and knowing its fundamental doctrines. The Lex Pareto notes is a mere supplement to your study of the law. It is advisable for bar candidates to focus reading the Lex Pareto notes during the pre- month and pre-week. Six months before the bar exams you should be reading the reviewers and the codals. 1) Lis nota oo Chapter | - Introduction to the Lex Pareto Notes 3the bar and the 4" reer goes “A e trivial 80 % could the 10" place and 11h ne 3.) It does not guarantee your the key concepts, Passin: by is Pareto notes You co ar ee oauites More than shinee lu Fase go Gt3®: You could memorize the vital 20 % bul you may fe c ip the scale.” A questi the difference between a 4crg eae place ora74.90 anda 7s, or 8 50. Passing the bar requi four areas. wes thet you have adequate skills in these Language - clearly express readable and con wise een answers in plain, Logie - Ability to find out o what the examiner is as| nswering the question responsively and ecsorebiy Law. ' ‘aw - Supporting your answer with the sppropriate legal provision, Layout ~ Refers the : 4,35 legibly” of hanowring, *opeeneton ot indontona, een Paragraphing, neatness & cleanliness among other things. Proper Chapter | -Introducticn to the Lex Pareto ‘The Lex Pareto notes merely gives you a hint on what are the expected areas wherein the bar exam questions might be directed at. ‘At best, the Lex Pareto notes can be likened to a weather forecast it does not 100 % ensure the weather for the day, it merely gives you an idea onwhat the weather would be like, ‘Yes, The Lex Pareto notes consist of 4 volumes. Each volume consist of two subjects corresponding to the order as they will be given during the bar exams. Volume 1 is Pol Civil law and Tax, Volu is on Mercantile law and Criminal law, while 1.) Read the introduction carefully in order that you might get an idea on how to attack the subject. raphe carefully and know them by heart This will give ure as to which subjects or topics has been the focus the articles mentioned in the Pareto notes that has been nly asked by Bar examiners. Put a your codal if you want, This will remind you that such codal provision has been a subject of bar exam questions. Give a special marking to those asked more than once. 3.) Using the Vital 20, hi 4,) During your review, give careful attention to this marked codals, memorize the doctrines connected t you can dig through jurisprudence in relation to those provisions it would be much better, that is if you have the time. : Chapter | - Introduction to the Lex Pareto Notes $sOf course it does! Although as said before, no promises are made as to guarantee your passing the bar if you use the Lex Pareto Notes, one thing is for sure, the Lex Pareto Notes will simply help you study much smarter rather than harder! Knowing what are the majority of the possible sources of questions in the bar exams will certainly help and give you more confidence in preparing for the bar exams. The testimonies of law students who have successfully passed the bar exams using the Lex Pareto Noles proves how useful it is in their preparation for the bar éxams, Add to this are the endorsements by bar exam top notchers, reviewers, law professors and authors. To show you that the Lex Pareto Notes really works, we did a study for the 2007 Civil law bar exams. Our study revealed that out of a total of 23 questions, about 61% of the questions has already bean taken from iaws and concepts asked before (Based on 2007 edition 16 years survey). Only 9 questions were taken from laws and concepts-not asked within the 18 year period. For the 2008 Civil law bar exams, more or less we got the same results. Out of 53 questions, only 14 questions were based on questions nol asked before. (Based on 2007 edition 16 years survey) This means that about 74 % of the questions were based on laws or concepls that have been repeatedly asked before. Not much has changed in the 2010 except for few updates and some editing. The major changes are the inclusion of the 2007 & 2008 bar exams, a new cover and some additions and deletions especially in the introduction and in other parts of the book. Chapter | - Introduction to the Lex Pareto Notes _ CIVIL LAW _ Veen www.lexparetonotes.zdiaz.comCHAPTER II = CIVIL LAW CHAPTERI= oN 1- INTRODUCTION TO BAR EXAMS FOR CIVIL LAW For Freshmen students: Civil Law basically includes the Civil Code, the Family Code, he Conflict of Laws | stage of your study of law, establish a sturdy foundation by taking your study of Book 1 - Persons and Family i ‘questions asked in the bar even if directly or indirectly relate to the at there is a mastery of the Family Family Code. It Code. . Do not take short cuts. It pays to read and comprehend the annotations in your textbook. Never make “constraint of time” an easy excuse for you to skip reading the pages of your textbook. You will likely regret it once you will be in your civil law review class in the fourth year because this tima, indeed, time constraint becomes a biting reality Articles ly Code. These articles private international law. closely interface with the prin Hence, its application is almost Bock IV on Obligations and Contracts/Special contr too important. You need to have a good understanding of the inciples of obligations and contacts. You will realize its importance once you start to take up your subjects in sales, credit transactions and other special contracts. a Chapter I! — Civil Law 7+ Itis worthy to note that at an average of 30% of all provisions taken up from the Civil Code in the bar examinations were taken from special contracts, For the breeze through student * East facts * At this slage you must have been able to identify your weak area in Jaw. Do something about it promptly. + #f you are an incoming fourth year student, make your summer vacation a productive one by setting aside at least two to three hours of study focusing first on the subject which you fee! you have insufficient knowledge. * Sel a realistic target. Realistic in the sense that, at your own self- assessed pace coupled with a resolve to be consistent in your efforts, that set targel is achievable. For example, in a $00-page textbook in Obligations and Contract, you can read an average of 18 pages per hour which means that in a three hour daily reading you can finish 45 pages a day. Therefore, the whole book will take you 20 days to finish. For some this may sound rigid but the bottom e is, if you want to prepare yourself to take the ber examinations right after you graduate, you must have that confident feeling that your last year of study is absolutely a review not anymore a “first view" + Hf there are concepts in civil law in which you have a vague understanding, consuit your professor, But before doing so. make sure you have done some research or reading so you can have an effective discussion with your professor. * Do not disregard the laws on land filles and deeds, For the past 15 years, there had been an average of two questions on land titles and deeds in every bar examinations. + Bar examination questions for Civil Law is not all too confined or restricied, Understanding of the basic principles in Political Law i.e., Chapter It — Civil Law e 2010 Exit Volume Hi Lex Pareto Notes - 2010 Edition Volume Hh limitations on the ownership of lands, in Remedial Law, etc. will ou @ lot in your answers. | . beige procrastinate. You still have other equally important bar subjects to attend to. For Bar examinees: + Usually given on the 2nd Sunday of September Usually given in the morning + ‘Aftemgcn exam schedule i rom 8:00 a.m, to12pm, * You have about 4 hours to answer the questions, . When answering make sure you take note of the following: -For a question worth 1 point, you have 2 Minutes & 24 Seconds to answer - For a question worth 2 points you have 4 Minutes & 48 Seconds to answer - - For a question worth 3 points,you have,7 Minutes & 12 Seconds to answer - - For a question worth § Points you have 12 Minutes 1o ans ' bar review methods: A * Taken from Prof, Abelerde Comondon's lecture “Effective bar _ mathe A systems approach.” Used with permission. We highly recommend his book Review Methods" * Usually goes together with Taxation in the afternoon. » Has a weight of 15 % of the total bar exams Chapter Il — Civil LawLex rarero Notes - 2010 Edition Volume It A) -SOURCES OF BAR EXAM QUESTIONS TAKEN FROM THE CIVIL (By books) for the past 18 years Bookl 21% Book, 12% Graph 1, It has been observed that during the last 18 years, tions that touched on the provisions Civil Cod approximately 402 artic! les. In totality, this o1 if the Code, Nevertheless, itis safe and practical to assume that a good grasp and mastery of the 20% of the Code is indispensable’ to “supplement” your preparation for the bar examinations, . has been likewise observed that significance of the dale of effectivity of certain laws or its retroactive application found its way on a number of bar questions. A good example is the date of effectivity of the Family Code and the Domestic Adoption Act. Its relevance is well strated in our jurisprudence owing to the principle of vested rights. Other laws covering the civil law are, as expected, scattered in the bar examination questions. Even questions that call for the application of remedial Jaw and constitutional law, among others, were found to have been applied. te Chapter i Civil Law 0 Lex Pareto Notes - 2010 Edition BOOK 1: PERSONS AND FAMILY RELATIONS Title 1. 8% Family Code, Title XIV. 2% 79% + Graph > it 371 articles, 1.) Book | including the Family Code has about 2.) Out of these 371 articles, only about 24 % have been asked. 3.) Almost 80% of the questions were focused on the Family Code. : PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS BOOK Tite. Ctagoiicstion ‘of Property. Se tHe ownership, Ese Tite ut. Com Ownership. Tene 1.) Book Il about 298 articles 2} Out of these 298 articles, only about 17% have been asked 3.) Majority of the questions were derived from Titles I!, V, and Vit. Chapter i- Civil LawTitle, Succession, ‘Graph 4 Book Il has about 444 articles 2.) Out of these 444 articles, only about 20% of 3 ssked, 3.) Book Ill has 5 Titles, Almost 90 % fons are foeasoaea aa Tile XIV. Compromise and Arbitration, Title Vi. Banter of Exchange: Tile XV. Guaranty Title XK. Concurrence and Prelerence.. Titlelv. Ctoppet Natural Obligations. Aleatory Contracts Tile V.Trusts Title Xi. Deposit 1 questions are focused les. These ave Titles IV and Title IN, en two 1.) Book \V has about 1115 articles 2.) Out of these 1115 articles, about 16% of Book IV has been asked. es, More than 80 % of the questions are focused on VI, XVII, XVI , XVI, 1X, and X.. Chapter i) Civil Law iz Chater GualLaw iFeto Notes - 2010 Edition BOOK 1 PERSONS THLE T= CIVIL PERSONALITY Aaa PRESUMPTION OF SURVIVORSHIP 5 Art,4l_| WHEN A CHILD IS CONSIDERED BORN 4 CIVIL CODE “Art.40 WHEN CIVIL PERSORALITY BEGINS IN a4 DOCTRII NATURAL PERSONS, . I NE feet ‘it'37 | JURIDICAL CAPACITY vs. CAPACITY TO i ACT : INTRODUCTORY CHAPTER asked i TITLE XIV - ABSENCE ° i Artis PRELIMINARY TITLE . ‘Art.390 | PRESUMPTION OF DEATH - ORDINARY 1 Ana? LEX REISITAE (1° Pary_ 7 \ ‘ABSENCE J Be LEX LOGI CELEBRATIONIS 1¢ "an.381” | PRESUMPTION OF DEATH-QUALIFIEDOR} 1 NATIONALITY PRINCIPLE/LEX 42 | EXTRAORDINARY ABSENCE ! NATIONAL aie ‘ACTS CONTRARY TO MORALS z . : JUSTICE: EVERYONE HS BOE CESEAGI og | THEFAMy cope | TY aNd S000 FAITH MARRIAGE SOLEMNIZED / DIVORCE 11 3 OBTAINED ABROAD. TION IN CIVIL LAW 3 -— JUDICIAL DECISIONS As PART OF 3 GROUNDS FOR ANNULMENT OF 8 LArt.20 INDENNETCAY SYSTEM Art.$5 GROUNDS FOR LEGAL SEPARATION a ‘Art.10 | PRESUMPTION RILLEGAL ACTS 2 ‘Art.36 | PSYCHOLOGICAL INCAPACITY ASA 7 INTERPRE TAN OM ooo! BT INTHE 1 { GROUND FOR NULLITY OF MARRIAGE Art3” IGNORANCE OF THE ns ‘Art4s— [LIMITED CONCEPT OF FRAUD AS GROUND] 6 OR MIST > GNORANCE 7 FOR ANNULMENT OF MARRIAGE 1 Art. INDEPEND. ‘Art.148 | PROPERTY REGIME OF UNIONS WITHOUT 6 we GNDEFENDENT CWML ACTION 7 SME OF UN TUBSURT TO RENDER 1 Arta EFFECTS i there is ABSENCE OF OR 5 DEFECTIVE REQUISITE Arty SOLEMNIZING OFFICER 5 Chapter it~ Civil Law Chapter it — Civil Law 15, = 2010 Edi Volume Ht {Art.35 MARRIAGES VOID AB INITIO RULE ON CHILDREN BORN BEFORE 2 ‘Ar.117 | CONJUGAL PARTNERSHIP PROPERTIES: $ ans ULE NULLITY OF MARRIAGE... Art.175 HOW ILLEGITIMATE CHILOREN MAY 5 Bit.56 GROUNDS FOR THE DENIAL OF A 2 | ESTABLISH THEIR FILIATION PETITION FOR LEGAL SEPARATION Art.d0 RULE ON ABSOLUTE NULLITY OF A a AaB? |} PRESCRIPTIVE PERIOD TO FILE LEGAL 2 PREVIOUS MARRIAGE SEPARATION ArtL75 | PROPERTY REGIME BETWEEN HUSBAND 4 Ariga- | RULE ON DONATIONS BY REASON OF 2 AND WIFE MARRIAGE. Ant77 ENFORCEABILITY OF MARRIAGE a Vartet SYSTEM OF ABSOLUTE COMMUNITY 2 SETTLEMENTS ANO THEIR MODIFICATION ‘Art.93 PROPERTY ACQUIRED DURING 2 Art. 106 CONJUGAL PARTNERSHIP OF GAINS a MARRIAGE 4 Art.147_| PROPERTY REGIME OF UNIONS WITHOUT 4 [ArtA0T ABANDONMENT OF THE CONJUGAL 2 Ld. MARRIAGE DWELLING Art177 RIGHTS OF LEGITIMATED CHILDREN [4 | Art. 122. TEWY ON CONJUGAL PARTNERSHIP 2 Art.38 VOID MARRIAGES BY REASONS OF 3 Ai iat | DISPOSITION OR ENCUMBRANCE OF 2 “ PUBLIC POLICY ‘CONJUGAL PROPERTY. Art-39 | ACTION FOR DECLARATION OF ABSOLUTE f 3 mare | PROOF OF FILIATION 2 L NULLITY _ ‘Arcii4 | _ RIGHTS OF THE LEGITIMATE 2 Art.aT RULE ON MARRIAGE CONTRACTED 3 . CHILDREN DURING EFFECTIVITY OF PREVIOUS AAGTS | “What. 2) CHILD UNDER SEVEN (7) YEARS 2 } HAGE ‘OLD pArtLa7 PERSONS WHO MAY SUE FOR. 3 Art.236, -TrERAINATION OF PARENTAL AUTHORITY / 2 ANNULMENT OF THE MARRIAGE AND RESPONSIBILITY OF PARENTS FOR PRESCRIPTIVE PERIOD CHILDREN BELOW TWENTY-ONE (21) Art 52 MARRIAGES CONTRACTED DURING 3 YEARS OF AGE _EFFECTIVITY OF PREVIOUS MARRIAGE ° Are? ESSENTIAL REQUISITES OF MARRIAGE a cana PRESUMPTION OF LEGITIMACY [3 Art3 FORMAL REQUISITES OF A MARRIAGE i Bets RIGHTS OF ILLEGITIMATE CHILDREN| 3 __—| ‘Art.27 | MARRIAGES EXCEPTED FROM MARRIAGE 4 Art.218 SPECIAL PARENTAL AUTHORITY [3 LICENSE ‘Art.255 LIMITED RETROACTIVE EFFECT 3 AiksO | DELIVERY OF PRESUMPTIVE LEGITIMES i Art.34 MARRIAGE IN ARTICULO MORTIS_ 2 DURING THE LIFETIME OF THE PARENTS DURING VOYAGE . Artst PARTITION ANO DELIVERY OF 1 Art.34 | LEGAL RATIFICATION OF COHABITATION 2 ___ PRESUMPTIVE LEGITIMES —___|___-_— Art.53 NON-COMPLIANCE WITH RECORDING 2 A76 REQUISITES IN MODIFICATION OF & 1 EFFECTS UPON SUBSEQUENT MARRIAGE. 1 MARRIAGE SETTLEMENT. Chapter tt — Civil Law 16 Chapter i - Civil LawLex Pareto Notes - 2010 Edition ARE ‘GROUNDS FOR REVOCATION OF 1 AUTHORITY. = { 7 DONATION PROPTER NUPTIAS. hema CINIL LIABILITY OF THOSE EXERCISING Art.a7 DONATION BETWEEN SPOUSES i PARENTAL AUTHORITY ; ‘Art80 | RULES ON CO-OWNERSHIP SUPPLETORY 1 Anas GROUNDS FOR SUSPENSION OF (ACP) PARENTAL AUTHORITY Anz PROPERTY EXCLUDED FROM 7 COMMUNITY OF PROPERTY (ACP) : penn Aros OBLIGATIONS OF THE ABSOLUTE 7 . FT BOOK tl ND COMMUNITY . ‘Y, OWNERSHIP, Al i TArtt0: PROPERTY, OWNERSHIP, AND AR7O9_| EXCLUSIVE PROPERTY OF EACH SPOUSE 7 ITS MODIFICATION a Art.135 | GROUNDS FOR JUDICIAL SEPARATION OF i Anas RIGHTS AND OBLIGATIONS OF THE PROPERTY LANDOWNER AND THE SUILDER, Art.136” | VOLUNTARY DISSOLUTION OF CONJUGAL 1 PLANTER AND SOWER é PARTNERSHIP OF GAINS OR ABSOLUTE AnAsT ALLUVIUM e COMMUNITY ‘Art.694 NUISANCE $ Artis FAMILY HOME 7 Anais TMMOVABLE PROPERTY 2 Artt6T | ONE-FAMILY HOME RULE TO AVAIL OF 1 ‘Ar546 | NECESSARY AND USEFUL EXPENSES I i BENEFITS. (relate lo Art.448)- t 5 Arties ICLEGTTIMATE CHILDREN 1 An.685 [PUBLIC NUISANCE / PRIVATE NUISANCE § , Art168 | STATUS OF CHILDREN BORN WITHIN 300 7 ‘Art.649 REQUISITES FOR AN EASEMENT OF DAYS FOLLOWING TERMINATION OF RIGHT OF WAY 5 MARRIAGE Art.438 FINDER OF HIDDEN TREASURE IS I Art.174_]IMPUGNING THE LEGITIMACGY OF A CHILD 7 ENTITLEO TO ‘4 1F 5 A173} ACTION TO CLAIM LEGITIMACY OF THE 7 Wrt.454 | RULE WHEN LANDOWNER IS IN BAD FAITH CHILO but the BUILDER, PLANTER or SOWER Ark.t7é LEGITIMATION 7 : PROCEEDED oN soon FAITH 3 Ant195" | WHO ARE OBLIGED TO SUPPORT EACH 7 493 SALE BY CO- 7 OTHER . Aas WHEN NO PRESCRIPTION SHALL RUN IN 3 Ar.208 PARENTAL PREFERENCE RULE i FAVOR OF A CO-OWNER AGAINST HIS CO- Ar.216 | SUBSTITUTE PARENTAL AUTHORITY 1 OWNERS Art.213 LIABILITY OF THOSE EXERCISING 1 Art 559 POSSESSION OF MOVABLES 3 = SPECIAL PARENTAL AUTHORITY at e62 USUFRUCT NGF 2 Art RIGHTS ANO DUTIES OF PARENTS OR 7 iG LOATH THOSE EXERCISING PARENTAL ‘An.650_| BASIS IN ESTABLISHIN = | tHose exercisnerarenran || An.659___BASIS NES Crepes t= Glia 5 Chapter Il — Civil Lawie Volume It Volume it Lex Pareto Notes - 2010 Edition i EASEMENT OF RIGHT OF WAY eteaa POSSESSION OF REAL PROPERTY 4 TREASURE 3 ead POSSESSORIN GOOD i BUILDER IN BAD FATTH 2 Art. 545 Co EOE USEFUL 1 NUMBER OF CO-OWNERS WHO MUST {> 2 Art.547 FINO MENTS CONSENT 4 ADMINISTRATION and SETTER 2 F Areb64_| WHEN USUFRUCT MAY BE PONSTITUTED | ENJOYMENT, Ar.574 SEP THE USUFRUCTUARY | 1 POSSESSION 2 ‘ArLSTS | IMPROVEMENTS OF THE USU Sra MAY SET OFF 1 NO USE OF FORCE OR INTIMIDATE USUFRUCTUARY MAY ACQUIRE POSSESSION “ON 'O , Ane | _ nwpROVENENTS AGAINST THE TE 1 PENDING FRUITS 2 Bt605 | USUFRUCT GRANTED FORTHE TE | EASEMENT THAT MAY ELAPSE BEFORE Mee KINDS OF EASEMENTS 2] PERSON ATTAINS A CERTANCE 7 MOVABLE PROPERTY i Ar616 POSITIVENEGATIVE EASEMENTS To ACTUAL POSSESSION UNDER CLAIM OF rT] Art.617 INSEPARABILTY OF EASEMENTS 1 OWNERSHIP r.622, | EASEMENTS THAT HAY BE AC eo RIGHTS AND OBLIGATIONS OF THE 7 eR OA TS 1 OWNER OF THE LAND WHO USES THE | Amtsit_|""MODE OF EXTINGUISHING EASEMENT 1 Le MATERIALS OF ANOTHER [Art.637_| EASEMENTS RELATING TO wae OF 4 [ BUILDER IN BAD FAITH 7 \Art.651 | WIDTH OF THE PATH IN EASE! RIGHTS WHEN BOTH THE LANDOWNER 7 RENT OF NUISANCE 4 AND THE BUILDER, PLANTER OR SOWER Ark.697 ABATEMENT OF NUISAN' - ACTED IN BAD FAITH oe —pookili TY ‘AVULSION i : TT BOOK Il SHARES IN BEREETTS AND CHARGES OF 1 DIFFERENT MODES oF EXPENSES FOR PRESERVATION 7 ACQUIRING ones 7 ALTERATIONS IN THE THING OWNED IN 1 An.887 — COMPULSORY HEIRS __ 6 COMMON Artes4 to EON pte OR PARTITION BY CO-OWNERS 1 \Ar.992 | BARRIER PRINCIPLE/ PRINCI Pt WHO IS DEEMED A POSSESSOR IN GOOD. i 4 Fi SPOUSE CONCURRING WITH ~] FAITH [Aet007 | SURVIVIN POSSESSION IN THE CONCEPT OFA 7 aw BROTHERS AND SISTERS OR THEIR MERE HOLDER . —— 2 Chapter li ~ Civil Law 20 Chapter it — Civil LawLex Pareto Notes - 2010 CHILDREN 975 WHEN CHILDREN OF ONE OR MORE 2. 1 ‘Art 748_|~ DONATION OF A MOVABLE PROPERTY a a BROTHERS OR SISTERS OF THE [Art.605 TEST OF PRESENCE 4 DECEASED SURVIVED [Ark 764 REVOCATION OF DONATION 3 Arke83 } SHARES OF ILLEGITIMATE CHILDREN 2 Art. 888 LEGITIME OF LEGITIMATE CHILDREN 3 CONCURRING WITH LEGITIMATE i | | Art.g9s | LEGITIME_OF ILLEGITIMATE CHILDREN 3. ____CHILDREN 5 An. 918 INEFFECTIVE DISINHERITANCE 3 {Art896 | SURVIVING SPOUSE CONCURRING WITH z CAnS77 ‘ONE WHO RENOUNCES CANNOT BE 3 LEGITIMATE CHILOREN _ - REPRESENTED Art.1039 CAPACITY TO SUCCEED 2 ee t OCCUPATION 2 Artti17 ACQUISITIVE PRESCRIPTION 2 AnT2B DONATIONS MORTIS CAUSA 2 Anite CONCEPT OF POSSESSION 2 VOID DONATIONS: 2 ACQUISITIVE PRESCRIPTION Art 746 ‘WHEN ACCEPTANCE 1S TO BE MADE. 2 Art.743_ | DONATION OF AN IMMOVABLE PROPERTY 2z Anri2 HOW OWNERSHIP IS ACQUIRED + Art.806 NOTARIAL WILL 2 Art.719 RULE WHEN ONE FINDS A MOVABLE 1 Art.608 TWO READING RULE Zz An727 ‘SIMPLE AND RENUMERATORY 1 Ar.811 PROBATE OF HOLOGRAPHIC WILLS DONATIONS 4 ‘Art816_ | FORMALITIES OF WILLS EXECUTED BY 2 Art733 ONEROUS DONATION i FILIPINOS ABROAD ‘Ark.734_| WHEN DONATION IS DEEMED PERFECTED 1 ‘Art.816 | WHEN A WILL, EXECUTED BY ALIENS 2 ‘Ar751_| __ DONATION OF A FUTURE PROPERTY 1 ABROAD, MAY BE GIVEN EFFECT IN THE ‘Art 765 | DONATIONS WITH RESERVATIONS ON 1 PHILIPPINES. THE RIGHT TO DISPOSE Ar817 | WHEN AWILL EXECUTED BY AN ALIEN IN z An.T77 TRANSMISSION OF SUCCESSIONAL 7 ___| THE PHILIPPINES MAY BE GIVEN EFFECT | RIGHTS Art B18 JOINT WILL 2 Art.793 PROPERTY ACQUIRED AFTER THE 7 Art.830_[ MODES OF REVOCATION OF WILLS 2 MAKING OF A WILL. Art.839 DISALLOWANCE OF A WILL. 2 ‘Art.797 TESTAMENTARY CAPACITY 4 ‘Art.863 | FIDEICOMMISSARY SUBSTITUTION (Art. 798 TESTAMENTARY CAPACITY 1 ‘Art.870 TESTAMENTARY DISPOSITION. 2 ‘Art.804 FORM OF WiLL 4 Art.382 MODAL INSTITUTION 2 ‘Art.814 RULE IN CASES OF INSERTION, 1 Art.891 RESERVA TRONCAL 2 CANCELLATION, ERASURE OR Art. S19 ‘GROUNDS FOR DISINHERITANCE 2 ALTERATION ‘Art.962__ | LEGAL OR INTESTATE SUCCESSION as to 2 Ar819 PROHIBITION OF JOINT WILL 1 ____|____ RELATIVES NEARER IN DEGREE. ‘Art. 820 ‘WITNESSES TO WILLS 4 [an.e46 INSTITUTION OF HEIRS 1 Chapter i! — Civil Law Chapter i= Civil Law 23ArLEET SUBSTITUTION OF HEIRS LEGITIMATE CHILDREN AND ILLEGITIMATE | ‘Art.859 SIMPLE SUBSTITUTION OF HEIRS ST Art.866 FIDEICOMMISSARY SUBSTITUTION 1 Fit.1004 | SHARES OF BROTHERS AND SISTERS i Art.871 INSTITUTION OF HEIRS 1 ‘Art.1005 PER CAPITA AND PER STIRPES 1 ‘Art.886 LEGITIME + ‘Art.1006 | _ FULL BLOOD BROTHERS AND SISTERS 1 Art.692 | LEGITIME OF THE SURVIVING SPOUSE 3 SURVIVING a AES Omens Art.906 [RIGHT OF COMPULSORY HEIR TO HIS 7 AOS SU TECHIRE Arit028 CAPACITY TO SUCCEED. 1 Ant 308 RULE ON DONATIONS 7 ‘Art.4028 | APPLICABILITY OF VOID DONATIONS 1 Art915" | ~ WHEN MAY A COMPULSORY HEIR BE 7 INTER VIVOS _ DEPRIVED OF HIS LEGITIME Art 1061 co i Artois HOW. DISINHERITANCE CAN BE [J ‘Art. 1078 BEFORE PARTITION OF ESTATE 1 EFFECTED Art.1129 JUST TITLE 4 Art.973 RIGHT OF REPRESENTATION 1 ‘Art.1134 | ACQUISITION OF OWNERSHIP OVER 1 Art.979 | CAPACITY TO SUCCEED BY THE ADOPTEE 7 IMMOVABLE PROPERTY BY CEED PRESCRIPTION Art.980 INHERITANCE BY CHILDREN i rt 1147 "PRESCRIPTION OF A MORTGAGE ACTION 1 ‘Art.S81 RULE WHEN CHILDREN OF THE i ‘Art.1144 | ACTIONS THAT PRESCRIBE AFTER TEN 7 DECEASED SURVIVED WITHTHE {10) YEARS ame DESCENDANTS OF OTHER CHILDREN x RITANCE BY GRANDCHILDREN = ‘Art.880 |” HEREDITARY RIGHTS OF ILLEGITIMATE i BOOK NIRECTS CHILDREN WITH ILLEGITIMATE ee ‘Art.981 Fe DESCENDANTS: . ‘Art.2160 | LIABILITY OF NEGLIGENCE meee ° zx REDITARY RIGHTS OF | ASCENDANTS WITH ILLEGITIMATE . ; ‘Art.2085 | REQUISITES OF PLEDGE AND MORTGAGE i AR98 DESCENDANTS Fe EN A OMenAMLE : 995 | SURVIVING SPOUSE sTOPPEL USE WHEN SURVIVING 7 . Art 1433 ESTOPPEL/LACHES. 8 Ar. 997 SURVIVING SPOUSE CONCURRING Ty ane TON WiTHEOTE WITH PARENTS/ASCENDANTS Arte) OBLIGATO Ae : _ OND! ‘Art.998 SURVIVING SPOUSE CONCH RING WITH 1 ‘Art.1207 JOINT & oe Ont CATE 4 | EDI Art999_| SURVIVING SPOUSE CONCURRING WITH 1 AVIS] _ AROGEED IN SOLIDARY OBLIGATIONS Ca call Chapter lt Civil Law 4 “ Chapter Hl — Civil LawSee wise = uty EOTTION Volume ti Lex Pareto Noles - 2010 Edition voume it Art.1308 MUTUALITY OF CONTRACTS a Artk2132 ANTICHRESIS Art1324 OPTION CONTRACT Ant. 2140 CRATTEL MORTGAGE, 3 Art.1620 |” RIGHT OF LEGAL REDEMPTION OF GO. 4 ‘Art.2154 SOLUTIO INDESIT [3 f OWNER: ‘Art.2164 PRESUMPTION OF NEGLIGENCE 3 Art.1813 | EFFECT OF CONVEYANCE BY A PARTNER 7 ‘Art.2199 | ACTUAL OR COMPENSATORY DAMAGES 3 OF HIS WHOLE INTEREST IN THE ‘Art.2206 | DAMAGES FOR DEATH CAUSED BY A 3 PARTNERSHIP CRIME OR QUASI-DELICT Art. 1933 COMMODATUM 4 ‘Art.2208 | CONCEPT OF ATTORNEY'S FEES AS 3 ‘Art.2088 PROHIBITION AGAINST PACTUM 4 DAMAGES. aaa COMMISSORIUM Art.2217 AWARD OF MORAL DAMAGES 3 . NEGOTIORUM GESTIO. “4 ‘Art.2220 | WILLFUL INJURY TO PROPERTY AND 3 Art2176 QUASI-DELICT 4 BREACHES OF CONTRACTS . A.1197 | RULE ON OBLIGATION WITHOUT A PERIOD | ~~ Ani 2271 AWARD OF NOMINAL DAMAGES: 3 Art.1222 |" DEFENSES AVAILABLE TO A SOLIDARY | a ‘Art.1157 SOURCES OF OBLIGATIONS: 2 DEBTOR Art.4159 OBLIGATIONS EX-CONTRACTU. 2 Art.1279 |" REQUISITES OF A VALID COMPENSATION 3 An1474 FORTUITOUS EVENTS: 2 Art.1311 RELATIVITY OF CONTRACTS 3 ‘Art.1180 | WHEN DURATION OF PERIOD DEPENDS. 2 ‘Art.1409 VOID OR INEXISTENT CONTRACTS: 3 UPON THE WILL OF DEBTOR Art.1458 | CONTRACT OF SALE / CONTRACT TO SELL 3 Ar.1183 | RULE ON IMPOSSIBLE CONDITION 2 Art.1475 |" NATURE AND FORM OF THE CONTRACT z ‘Art1191 | _ POWER TO RESCIND OBLIGATIONS 2 Art.1479, OPTION CONTRACT - 3 Art.1217 ‘EFFECT OF PAYMENT BY SOLIDARY 2 Art.1482 EARNEST MONEY 3 DEBTOR (PASSIVE SOLIDARITY Art.1484 ‘SALE BY INSTALLMENTS 3 ‘Art.1292 IMPLIED REAL NOVATION 2 Art. 1582, RESCISSION OF SALE OF REAL 3 | Art.1293 | 2 FORMS OF SUBSTITUTION OF DEBTORS 2 PROPERTY, {NOVATION) Art.1649) ASSIGNMENT OF THE LEASE 3 Art-1306 AUTONOMY OF CONTRACTS 2 Art.1650 RIGHT OF LESSEE TO SUBLEASE 3 [Ark 1314 TORTIOUS INTERFERENCE. 2 Ant.1870 | TACITA RECONDUCCION IMPLIED NEW 3 . [Arn1315 CONSENSUAL CONTRACTS: 2 Reiter LEASE Art1319 CONSENT 2 THE LESSEE OF THE LAND 3 ‘Art.1381 | PRESCRIPTIVE PERIOD FOR ANNULMENT 2 ‘An.1755 | EXTRAORDINARY DILIGENCE BY COMMON | ——s OF VOIDABLE CONTRACTS: CARRIERS ‘Art.4448 | PURCHASE OF PROPERTY WHERE TITLE 2 ‘Art.1830 CAUSES OF DISSOLUTION OF 3 1§ NOT GIVEN TO PAYER BUT TO PARTNERSHIP . ANOTHER, oem oo Chepter I! — Civil Law : % Chapter I~ Civil Law 7Art.1456 | IMPLIED TRUST- PROPERTY ACQUIRED 2 IN CASE OF FORTUITOUS EVENT. THROUGH MISTAKE OR FRAUD. ‘Art.2149 | EFFECT OF RATIFICATION BY THE OWNER 2 ‘Art. 1497 REAL OR ACTUAL DELIVERY 2 OF THE BUSINESS Art.1583, CONTRACT OF SALE BY STATED 2 ‘Art 2160 | SPECIFIC LIABILITIES OF THE OWNER 2 INSTALLMENTS, EVEN IF THERE IS NO RATIFICATION Art.1602 | "REQUISITES OF EQUITABLE MORTGAGE 2 Ark2477 | CIVIL LIABILITY ARISING FROM QUASI- | 2 Art.1623 RIGHT OF LEGAL REDEMPTION [2] DELICT An1657 LIABILITY OF THE SUBLESSEE 2 ‘Arc2190 | LIABILITY OF PROPRIETOR IF A BUILDING 2 Art.1673 |" GROUNDS FOR WHICH LESSOR MAY 2 ‘OR STRUCTURE COLLAPSES JUDICIALLY EJECT LESSEE Ark2229 EXEMPLARY DAMAGES 2 Art.1700 CONTRACT OF LABOR 2 ‘Art.1169|_“sWHEN DELAY IS INCURRED. ‘Art.1702 CONSTRUCTION OF LABOR 2 Art.i170 GROUNDS FOR LIABILITY IN THE 1 LEGISLATIONS PERFORMANCE OF OBLIGATIONS An1756 PRESUMPTION OF NEGLIGENCE 2 “AeL1178 | OBLIGATION WITH A RESOLUTORY 1 ‘Art.1764 | WHEN COMMON CARRIER LIABLE FOR 2 CONDITION MORAL DAMAGES © ‘Art.1481 | ACQUISITION AND EXTINGUISHMENT OF 7 Art.1818 |” PARTNERSHIP IS A CONTRACT OF z RIGHTS IN CONDITIONAL OBLIGATIONS L “MUTUAL AGENCY" [it.1185 | OBLIGATION SUBJECT TO ANEGATIVE 7 Ark 1868 CONTRACT OF AGENCY 2 SUSPENSIVE CONDITION Art.1878 | INSTANCES WHERE SPECIAL POWER OF 73 Art.14187 | EFFECT OF CONDITIONAL OBLIGATIONS, 1 ATTORNEY IS NECESSARY ‘Art.1219 | EFFECT OF REMISSION IN FAVOR OF ONE 1 Art.1938 [CONTRACT OF COMMODATUM ISA 2 OF THE SOLIDARY DEBTORS | ke PERSONAL CONTRACT ‘Art.1232 | PAYMENT AS A MODE OF EXTINGUISHING 7 Art.1941 ORDINARY. EXPENSES 2 4 AN OBLIGATION ‘Art.1849 EXTRAORDINARY EXPENSES i, Aa1233 COMPLETENESS OF PAYMENT i ‘Art.1953, NATURE OF MUTUUM 2 Art.1250 EXTRAORDINARY INFLATION AND. 7 Art.1960 |"" ~~ NATURE OF BANK DEPOSITS ~~ DEFLATION ‘Art. 2047 GUARANTY AND SURETYSHIP 2 FUR TOSS GF THE THING DUE i Art.2134 7 SPECIFIC FORM FOR THE VALIDITY OF AN 2 ‘Ar.1267 | EFFECT OF DIFFICULTY BEYOND THE | 7 ANTICHRESIS CONTRACT PARTIES CONTEMPLATION Art.2148 |" DILIGENCE REQUIRED OF AN OFFICIOUS z Arkt270 CTONDONATION AS A MODE OF 1 MANAGER IN DEALING WITH THE EXTINGUISHING AN OBLIGATION PROPERTY UNDER HIS MANAGEMENT Ai 1278 COMPENSATION AS A MODE OF i ‘Art2147 |" LIABILITIES OF AN OFFICIOUS MANAGER 2 EXTINGUISHING AN OBLIGATION A ‘Art.1287 | DEBTS NOT SUBJECT TO COMPENSATION 4 Chepter i - Civil Law 3B Chapter il ~ Civil Law »-cuty ramon VENDOR TO REDEEM PROPERTY ‘Art1286 | EFFECT ON ACCESSORY OBLIGATION IN NOVATION. ° ' ‘Arti624 | ASSIGNMENT OF CREDITS AND RIGHTS. ‘Art.1307 NOMINATE CONTRACTS 7 ‘Art.1642 LEASE. Art.1316 REAL CONTRACTS 7 ‘Art. 1652 SUBSIDIARY LIABILITY OF THE Art.1318 REQUISITES OF A CONTRACT SUBLESSEE ‘Art.1327 | WHO CANNOT GIVE CONSENT TOA 7 Art.1654 OBLIGATIONS OF THE LESSOR: CONTRACT Art 1655 EFFECT OF TOTAL OR PARTIAL 7 ‘Art.1387 | RIGHT OF PARTIES TO COMPEL EACH 7 DESTRUCTION OF THE THING LEASED OTHER TO OBSERVE PROPER FORM OF Arei669 | EFFECT OF FAILURE TO COMPLY WITH 1 ie CONTRACT THE OBLIGATIONS SET FORTH 5 . RESCISSIBLE CONTRACT 76.1680 TEASE OF RURAL. Art1384 RESCISSIBLE CONTRACTS t ie eet GENERAL RULES IF DURATION OF LEASE 1 ‘Art.1390 VOIDABLE CONTRACTS 4 1S NOT FIXED Art-1397 | ACTION FOR ANNULMENT OF CONTRACTS 1 ArATSS | DEGREE OF CARE TO BE EXERCISED BY 1 Ark.1410. VOID OR INEXISTENT CONTRACT 7 COMMON CARRIERS {| Art.1416 WHEN AGREEMENT IS MERELY 1 Art.1759 ABSOLUTE LIABILITY OF COMMON 7 PROHIBITED, NOT ILLEGAL PER SE CARRIERS FOR THE ACTS OF ITS Are1423 NATURAL OBLIGATION AND CIVIL 7 EMPLOYEES OBLIGATION ‘Brt.i76a | WHO CANNOT ENTER INTO UNIVERSAL 1 ‘Art.1434 | ACQUIRING OWNERSHIP BY ESTOPPEL T PARTNERSHIP Art.1443 EXPRESS TRUSTS 1 Ar. 1769 INDUSTRIAL PARTNER {4 Art1481 IMPLIED TRUST- WHEN TITLE TO 4 ‘Art.1801 | OBLIGATION OF THE PARTNERS AMONG 1 INHERITED LAND IS NOT IN OWNER’S THEMSELVES NAME ‘Art. 1808 CAPITALIST PARTNER 1 Art. 1496 DOCTRINE OF RES PERIT DOMINO 7 Art.1816 OBLIGATIONS OF PARTNERS WITH 4 Art.1504 RES PERIT DOMINO 1 REGARD TO THIRD PERSONS Art1545 CONDITIONS AND WARRANTIES: 1 ‘Art.1829 DISSOLUTION 4 Art.1604 PRESUMPTION OF EQUITABLE 7 ‘Ari.1877 | AGENCY COUCHED IN GENERAL TERMS 4 MORTGAGE ‘Art. 1892 ‘SUB-AGENCY _ Art.1605 REMEDY OF THE APPARENT VENDOR 7 ‘Art.1800 CONTRACT OF AGENCY AS TOS 4 WHEN EQUITABLE PROVEN Noe arisor GUARANTEE COMMISSION 1 ‘Art,1606 TIME WITHIN WHICH TO-REDEEM. Art.1910 OBLIGATIONS OF THE PRINCIPAL 4 ‘Art.1607 | EFFECTS OF THE FAILURE OF THE ‘Ari.1819 | MODES OF EXTINGUISHMENT OF AGENCY 4 ee Chapter it~ Civil Law 30 Chepter 1) - Civil Law 31eee Yotume it Lex Pareto Notes -201U taution j “ - THE OFFICIOUS [Ant.1927 | WHEN AGENCY CANNOT BE REVOKED 7 Arto162 PERSONAL UAB OT PERSON Art.1935 NATURE OF COMMODATUM 7 aN iTY OF PROPRIETORS 1 Art.1936 | “SUBJECT MATTER OF COMMODATUM i Ar2191 ITY OF DEBTOR IN CONTRACTS AND 1 Art.1937 | PROPERTIES THAT MAY BE THE OBJECT 1 arvznat | RBI QUASI-CONTRACTS _ + 7 OF COMMODATUM SS OF EARNI | Art. 4938 BAILOR NEED NOT BE THE OWNER 1 “Art.2205 DAMAGES: FOR sty ‘ Art.1942 LIABILITY FOR LOSS DUE TO A 1 ST ON DAMAGES FOR BREACH OF L FORTUITOUS EVENT ‘Art.2210 | INFERE! CONTRACT 7 Art 1946 RETURN OF THE THING 1 [TEREST AS PART OF DAMAGES Art.1956 DEMANDABILITY OF INTEREST 1 Art 2214 IN TEMPERATE OR MODERATE 1 Art.1979 LIABILITY FOR LOSS THROUGH 1 ‘Art.2224 | AWARD OF DAMAGES: 7 FORTUITOUS EVENT UNT OF EXEMPLARY DAMAGES NEED Art1990 | RULE OF DEPOSITARY WHEN THING LOST 7 ‘Art.2234 | AMO NOLBE PROVED. 7 BY FORCE MAJEURE LIE Art 1996 NECESSARY GREOST 1 Art.2241 PR TENGE SEM EGIFIG MOVABLE Art.2014 GAME OF CHANCE 1 PROPERTY. Art.2016, THE LOSER IN A GAME OF CHANCE, 4 Art-2094 SUBJECT OF PLEDGE 1] [Art 2i2g OBJECT OF A CONTRACT OF MORTGAGE 1 . Ar.2125 CONTRACT OF MORTGAGE MUST BE 1 | RECORDED : Art.2131 APPLICATION OF SUPPLETORY LAWS 1 L GOVERNING MORTGAGE Art.2135 OBLIGATION OF THE CREDITOR IN 1 ANTICHRESIS, Art.2136 REACQUISITION OF AN IMMOVABLE BY A 1 | | DEBTOR IN A CONTRACT OF | ANTICHRESIS. 1 Art.2146 | OBLIGATION OF AN OFFICIOUS MANAGER 1 | IF HE DELEGATES TO ANOTHER HIS DUTIES Art.2748 LIABILTY FOR FORTUITOUS EVENTS 1 ‘Ar.2167 | LIABILITY OF THE OWNER EVEN IF NO 1 : BENEFIT OR DANGER Chapter Civil Law 32 Chapter it - Civit Law ceVolume I Volume If Lex Pareto Notes - 2010 Eaition _. i 5 4 ———— i 58 jepublic Act No, 16: ; Authorizing Municipalities and Chartered Cities to Reclaim Foreshore Lan: &. On ADOPTION and Related Laws _ restore Lane 7 - ne Cadastral Act Republic 8552 78 The Cadastral 7 ‘The Domestic Adoption Act of 1998 (approved February ‘See aad of the Administrative Code as-am Act No. 2837 and Act No, 3344 r Hiubieas ne 2048 3 (System of Reoottng for Unegtred RealEstate) ; tha Rot Authorizing the City or Municipal Civi Registrar or Ler ee NO. 1O78 ical : the Consul General to Correct a Clerical or Typosrephicel Sunt inperdoct Tie Error in an Entry and/or Change of First Name or . rial Decree Ne 887 7 egulating the Sales of Subdivisions and Condominiums bet) | Trove Maren 22, ~ Republic Act No. 4376 1 Republic Act No. 8043 1 ____ An Act amending P.D. er 7 An Act Establishing the Rules to Govern Inter-Country ~ _ Real Property Tax Code ino Children, and for other Purposes and Youth Welfare Code i c, On SALES AND MORTGAGE . - Republic Act No.6552_ ct 4 b, On LAND TITLES AND DEEDS ‘The Reaity Installment Buyer Protection z Presidential Decree No.967 | ———Feaidenne pee. — le of Subdivision Lots Presidential Decree No, 1525 oF Reguleting the Sal ; The Property Registration Act _ Lr Condominiums, Providing Peatis for Vitations Thereof | _ I Commonwealth Act No, 141 5 Ce ra sage (es amended) The Public Land Act (a8 amended) fo | Extrajudicial Foreclosure of Mortgage ( Presidential Decree No.2 74 Discontinuance of the Spanish Mortgage System of | d. Others | ‘on and of the Use of Spanish Titles as Evidence i 6 in Land Registration Proceedings —_ id Republic Act No. 36 | 5 An Act providing a special procedure for the ‘on of Torrens Certificate of Title lost or 2 destroyed _ 55 Chapter Il ~ Civil Law u Chapter Il~ Civil LawLex Parete = 2010 Edi vok ss fol The intellectual Properly Cade fl. FREQUENTLY ASKED ARTIC! JN THE BAR Together with commonly known doctrines that could be the Code ' basis for their answers = Questi OF THE PHILIPPINES co fet No. 529, "The Uniform CIVIL CODE ¥ L {took effect on August 30, 1950) eee ‘aie DOCTRINE Year | Gues- — cle asked | -tion# G.) CONFLICT OF LAWS PRELIMINARY TITLE f _ | Are WHEN LAWS TAKE EFFECT 4990 | XIV-a Conf awe . 2 1990 | XIV-b Hetot 16 > GENERAL RULE: Laws take effect 15 | 1990 | XIV days following the completion of its publication. : > EXCEPTION: “unless othemise provided | by the law’ This refers to the date of effectivity and not to the requirement of event be omitted. Publi indispensable in every cas legislature may in its discretion pro that the usual 18-day period shall shortened or extended. (Taflada v. Tuvere, 146 SCRA 446) (Umall vs, Estanislao, 209 SCRA 446) Alright reserved 2010 This publieton may net be reproduced In any partux In any form without permision fom tne suthens By: Diaz* Quano” Matsumoto Barite* Femandez * Daysnant De Gula* www Jexparetonotes.zdiaz.com ” oll Peo Porta - 7 Er. 10:31 sete Chapter i Civil Law %6 Chapter I= Civil Low 724 Pareto Notes - 2010 Volume 1 —____Volume 41; LEGAL EFFECT OF IGNORANCE OF THE 7 g LAW 1986 [Et Philippines. IGNORANCE OF | IGNORANCE OR the decisions of the Supreme Court THE LAW jurisprudence or doctrines in this " FOS AKE OF jurisdiction, thus decisions of subordinate courts nase RPE, ‘are only persuasive in nature and can have no Sy MS ory effect. However, this rule does not 5; fe against the fact that a conclusion or Ren thelega | onsltutes an excuse pronounesment of the Court of Appeals which conser or and is a legal covers a point of law still undecided in the | consequences ofris| defense Philippines may serve as judicial gui the this refe ~ may vitiate consent in inferior courts. (Miranda v. Imperial, 77 Phil mistakes watt a convract and 1066), (Buatis, J. v. PP., GR. No.142509, makes it voidable 3 . repartee ~ eimingen wold Jun.28, 2006), (Givi! Cade, Paras) "astence of the law. intent as long as Obiter dictum and opinions are not necessary to i lere is NO the determination of a case, They are not | negligence binding and cannot have the ‘force of official precedents. (Civil Code, Paras} -mistake upon a doubtful or difficult ae es A decision of a division of the Supreme Court y co Staoed tae may be sel aside by the Supreme Court siting en banc : a Supreme Court decision may be sel aside by a contrary rutng of the Supreme Court itssif or by a corrective legislative act of Congress, although said laws cannot adversely affect those favored prior to the Supreme Gourt decision. (Civil Code, Paras) question law, it may be the (Ar.526, CC), or may render a 7 T ant. | JUDICIAL DECISIONS AS PART OFLEGAL |7804 |W " pow ee SDGMENT ORENDER 8 SYSTEM 1994 | Iv-2 * Judicial decisions —_ appl ‘eet | 8 > (eltewin next te) | Interpreting laws or the Const Art PRESUMPTION IN CASE OF DOUBTIN | 2003 [I - form a part of the legal syst 40 THE INTERPRETATION OF LAWS: Chapter I! - Civil Law 38 Chapter 1) Civil Law *Lex Pareto Notes - 2010 Eamon. % In case of doubt in the interpr application of laws, it is presume tawmaking body intended right and justice to prevail, “El Fe Law is 2 long standing principle that equi Jaw. Courts exercising equity juris bound by rules of law and have no discretion to disregard them. (Arsenal v. IAC, 143 SCRA 40) As for equity, which has been aptly described as islice outside legality’, this is applied only in the absence of but never against statutory law. (Zabat, Jr. v. CA, 226 Phil 489) {Toyola Motor Phil, V. CA, 216 SCRA 236) {Phil Rabbit Bus Lines, Inc. vs. Arciaga, GR 29701, March 16, 1987) (Reyes v, Lim, GR No,134241, Aug. 11, 2003) NATIONALITY THEORY/LEX NATIONALI Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon the citizens of the Philippines, even though living abroad. A divorce obtained abroad by a couple, who are both aliens, may be recognized in the , provided it is consistent with their Jr, 139 SCRA 139, 1985) Chapter it — Civil Law capacity to contract marrage is Sermived by the national law of the party {Garcia v. Recio, G.R. No. 198322, Oct.2, 2001) HEORY : 2 conflict of law DOM tua ef uivoh a priest mallet affecting a person, such as tis personal status, js determined by and/or subject to jurisdiction of the law of his domicile, ule for Absol Divorce: pif the action is brought in @ FOREIGN COURT; between foreigners, the foreigh! decree of absolute divorce wil be recognizes as valid here only if the following two val ° core ioreign court must have had "jurisdiction to grant the absolute divorce i alid . the divorce must be recognized as v ; by the nationatlaw of the parties. i Family : In the application of At28 of the idle the reckoning point is not the citizenship of the patties at the time of the celebration of marriage, but their‘citizenship at the time a valid dvoree i obtaiied abioed by M the alien itating the latter to remarry. Pv. Croeeida, G.R.No. 154380, Oct.5, 2005) ar 1991 Art. LEX REI SITAE (1* Par.) 4991 16 1995 GENERAL RULE: (1° par.) 1995 Che Real property as well as personal property is apter Il - Civil Lawx Pareto Notes - 2010 Edition Lex Pareto Notes - 2040 Eaition Subject to tha law of the count it inal founel located. ry where it is 1335 we i part The & and solemnities of 1997 | VI-B Z | > (par forms jemni Sema 3 || 7 ER inert the national law en eee Ris 3038 M4 : laws of the country in which they were Suecassion is under eorisideration that shall executed, (LEX LOCI CONTRACTUS) applied, regardless of the nature and ion of the property, with respect to the > (par.3) Prohibitive laws concerning persons, their acts or property, and 1. order of succession; : those which have for their object 2. amount of successional rights: \ public order, public policy and good 3. intrinsic validity of will; and customs shall not be rendered 4. capacity to succeed ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. te Renvoi Ds ferally means a “referring back” this doctrine ; usually pertinent where the deced national of one: ‘country, and a comica ° another, and the issue involved i with regard to: () the order of succes ot successional right the provisions of the succeed, (Aznar v, Christe Jan.31, 1863) nsen Gracia, GR No, 1-16749, the capaci Doctrine of Processual Presumption According to the doctrine of lex loci contractus, as a general rule, the law of the place where a contract is made or entered into governs with respect to its nature and validity, obligation and interpretation. This has been said to be the rule even though the place where the contract was made is different from the place where it is to be performed, and particularly So, if the place of the making and the place of performance are absence of pleading and pro tr ne th Zi Court of Appeals, 2 jof, the e same. (Zalanea vs. Court of Appeals, 228 tne eounty or slate, wil be procured ta ba SCRA 28 (1993). 8 our own local or domesti L mesic law ‘Art. | ACTING WITH JUSTICE, GIVING EVERYONE | 1996 i LAWS GOVERNING THE FORMS AND —] 75 49. | HIS DUE AND OBSERVANCE OF HONESTY | 1998 |X SOLEMNITIES OF CONTRACTS/LEX LOCI toon AND GOOD FAITH 2006 | W-4 EBRATION! S 4891 {_Vil-A Every person must, in the exercise of his ‘er i Civit Law ee az a3 Chapter il - Civil Lawtights and in the act with justice, Performance of his duties, give everyone his due, and observe honesty and good faith, it. | INDEMNIFICATION FOR TLUEGAL ACTS | 1658-1] Every person who, contrary to law, willfully mms | Ns | or negligently causes damage to another shall indemnify the latter for the same.” | we ‘ACTIONABLE ACTS 7886 ty 1998 ny person who willfully causes loss or | 2006 injury to another in a mani shall compensate the I ner that is cor to morals, good customs or public poly latter for the damage. not arising from the the latter. INDEPENDENT CIVIL ACTION action is based on an obli jation i act or omissioy complained of as a felony, such civil action May proceed independently of the ori Proceedings and regardless of the result of inal 2000 XV-a PREJUDICIAL QUESTION IN CIVIL arises in @ cai connected with it that it d innocence of the accused. Mernines the LAW CONCEPT : A prejudicial question is one which se the resolution of which is a timately, guilt or 1997 1997 1997 } apter i! Civil Law 44 REQUISITES : For a civil action to be considered prejudicial to a criminal case as to cause the suspension of the criminal proceedings until the final resolution of the civ the following requisites must be prese (1) the civil case involves facts intimately related fo those upon which the criminal prosecution ion of the issue or issues raised or innocence of the accused would necessarily be determined; ang (8) jurisdiction to try said question must be jodged in another tribunal. CONSEQUENCES : The existence of a prejudidal question suspends the criminal action. The rationale behind the principle of suspending a criminal case in view prejudicial question is to avoid {wo cor decisions. ing The outcome of the civil case for annuiment of | petitioner's marriage to private respondent had no bearing upon the determination of petitioner's innocence ar gui 1 the criminal case for |bigamy, because all that is required fo charge of bigamy to prosper is that the first marriage be subsisting at the time the second marriage is contracted. A marriage, even one deemed valid {Tev. CA, GRNo. 126746, Nov,29, 2000) OO Chapter I= Civil Law: E > i 7 pian = jot be invoked fo, obtain r ~ BOOKT- PERSONS ea oan: behalf of an. aborted: child pp > ‘| f@eluz v. CA, 28CRA 807 (1969)).- TITLE T~ CIVIL PER. i 1 RES EORN rt | JURIDICAL CAPACITY vs. CAPACITY TO 1986 ‘Art| WHENTIS CHILD CONSIDERED BORN, . 37. : MOE ee Melee ele ste : JURIDICAL] CAPACITY To ACT : “s ~ capacity" | , finess to be the | power fo do adi with ‘subject of legal... | tegaleffect I relations * less than seven (7) month: finherent in every [merely acquired in bom ifit dies wihin twent natural person every natural person complete delivery from womb, . Tost only through Tost through death. ! * P : death > and other causes |* art PRESUMPTION OF SURVIVORSHI : passive active 43 eet eed ‘can ex cannot exist without | When Wo Or more oe ns Sh | Capacity toact | juridical capacity each otver, ded! and there is doubts te, who cannot be limited or i | among them died first, in the ebsér = sama restrided . shall be presumed that they died at - linited reste! 7 sor | WHEN CIVIL PERSONALITY BEGINS IN 11655 1-7 {rom one to the other. jor to the 40 NATURAL PERSONS 2003.) Iv Whoever allegss the desih fone Fr | 2} 208°] Ike other shall have the burdan of proof. ‘The provision that *Birth determings personality’ tion to the above) under the hes already boen superseded by" AS, PD. Beet TBORDEN, OF” PROOF AnD No.603 (The Child end Youth Welfare Code), BRESUMPTIONS) Sex.34)) of the Rules of which provides that "The civil personality of tke Court, except for purposes of succession, when child shall .commence from ‘the conception, for all purposes favor subject fo the requirements of Art.4 Code.“ . Exception. ‘: The “concept ‘of “provisional “Chapter i= Civil Law 466 7 47 “Chapter t!- Givit Law_TITLE N= CITIZENSHIP AND DOMICILE THLE il 1X (Repeated by The Family Code} THE FAMILY CODE. ~ (EO No. 209, as. amended). 4, incumbent member of Judiciary within the THLE 1— MARRIAGE ESSEW h the presence of SRE essential requisites | voidable irregularity in any | Does not affect the, of the format valicity of the marriage requisites but th ing parties, the solemnizing officer and at least two witnesses of legal age. “ Art. EFFECTS if there ie: 1995 4 : 1996 ‘Absence of The marriage is void —] | 1996 essential or formal ‘)-ab initio - 1999 requisites 1 1999 Defectin any ofthe | the mariage is 2008 SOLEMNIZING OFFICER - ‘court's jurisdiction ; may’ not affect the idity oe the -matriage, may, subj the} tn il to administrative ti [. ihoero “Tom aotoy, 259 SCRA 129 (1995). (Aranes v. Occiano, A.M.No.MTJ-02-1390) “| SOLEMNIZED ABROAD ~~ y cE RIAGE SOLEMINIZEDIDIVOR eR OBTAINED ABROAD :(par.1) VALIDITY OF MARRIAGES. sélemnized outside if! solemnized in Chapter'Nl— Civil Law.EXCEPTIONS: EXCEPTED FROM MARRIAGE minors [Art.35(1)]; Ad MARRIAG Soe REQUIREMENT 1. bigamous or polygamous marriages (Art.35(4)]; 2. inarticulo mortis, 2. those contracted through b. ina remote pisce; mistake of one contracting ¢_ of people who have cohabited for S Party as to the identity of the years atleast, other [Art,35(5)], d. marriage between pagans oF 3. subsequent marriages that are Monammedans who live in non-Christian void [Art.35(6)]: provinces end who married in accordance 4, marciages contracted by any with their customs. party who, at the time of celebration, wes Art MARRIAGE INARTICULO MORTIS | 1995 Psychologically incapacitated 3 DURING VOYAGE 1995 (Art. 36); 5. incestuous marriages (Art.37); 19 captain of airplane pilot may solemnize and Aarbge in ‘articulo morlis between passengers 6. those marriages that ara void or crew members. (See doctrines on Article 7 on | tor reesons of public policy Solemnizing Officer) 2002 Ka) LEGAL RATIFICATION OF COHABITATION {per 2) VALIDITY OF DIVORCE OBTAINED 34 Exempt from Marriage License 2008 RULE : A divorce validly obtained abroad by the Rees pe man and worn must have been alien spouse. capacitating him/her to remarry ‘ ing together as husband and wife for at can allow the Filipino io remarry. | least five years before the marriage. impediment to The reckoring point fs notte ctzonshp of the 2 Tho parigs fowe ne teaal imps parties at the time of the celebration of their The tact ‘of absence of legal impediment marriage, but their citizenship at the time a between the parties must be present al valid divorce js obtained abroad by ihe alien he time of marriage ‘spouse capacitating the ialter to remarry i 4 The parties must execute an affidavit that (RP. v, Orbecido, G.R.No. 184380, Oct. §, 2005) they have lived together for al least five - I tt years. OO eee Chapter I~ Civil Law 50 “ Chapter I= Gvil Lawf 5. = nor ate het he has eed ihe aie sor | WE i ne 1 has ascertains it ime 6 celebration, was : he ,cualfcations of the parties and iin at chologicelly incapacitated to comply | 2008 vl marriay und ne legal impediment to their With the essential marital obligations ‘of | 2006 | XVE2 | (iemeano v. Sane wariage, shail be yoid_even if such 1 Maich 8, soar GR. No.MTJ-00-1329, incapactty becomes manifest only after — . TA 35 MARRIAGES VOID AB INITIO Psychological incapacity must be characterized i by (a) gravity () juridical antecsdence and (¢) incurability”” 1. contracted by any “ ly party less thi years of age, even i wth cansent of guch iliness must be grave enough to bring ity of the party to assume the ions of marriage. Thus, "mild reracteriologcal peculiarities, mood changes, oft c 2 . officer has authority Secasional emotional outbursts" cannot De scented as root causes. Tho iiness must be | | solemnized | ithout license, © j th , except j ose excepted from requirement of shown as downright incapacity or inability, nota | lect or difficulty, much legs |! will e maniooe 4 ee eee a | fefusal, neglect oF ¢ 5. mi i mous marriages; (Santos v. CA, 240 SCRA 20) | mistake in identity of one contracting (Republic v. Hamano. G.R No.149496, May 20, | 6: subsequent marti 2004) ij iages that are void 7 under Aa. 53 | ne other forms of psychoses. if existing at the inception of marriage, like the state of a party | contracted by psychologically incapacitated person at time of celebration; (Arl.36) | being of unsound mind or concealment of drug | addiction, habitual alcoholism, homosexuality of 8. incestuous marria 1g ” 9. voi lesbianism, merely renders | id by reason public policy (Ar.38) Contract voidable pursuant to i Art. PS Code. if drug addiction, abi [5s eNO LOSICAL INCAPACITY AS A 1506 lesbianism or homosexuality shoul NULLITY OF MARRIAGE | jee? | yy gunng the mariage, they become mere grounds Ami for legal separation under Article 55 of the arviage contracted by any who, | 2003 | Ine |Family Code. These prowsions of the Code, a Chapter i Civil Law 8 [nowever, do not necessarily preckide the | $2 33 Chapter Hl - Civil LawPossibility of these various circumstances: being [directly or collaterally _| directly _ themselves, depending on the degree and always void Valid untii annulled severly ot the disorder, indicia of psychological action does not action prescribes pacity. ibe, {Sentos V8. CA, 240 SCRA 20) — ! lermandez v. C.A., G.R.No.126010, Dec.8, id marriage may be questioned by any 1999) . acrested partyin any proceeding where the Bit. | VOID MARRIAGES BY REASONS OF PUBLIC | 1909 | “IIe resolution of the issue is material . | POLICY 2007 | VIS (Ninal v. Bayadog, 328 SCRA 122) v. . < Tit RULE ON ABSOLUTE NULLITY ‘OFA ipo) " RIA 40 PREVIOUS MAI te83 2. between step-parents and step-chileren absolute nullity of a previous marriage | 1993 3. between parents-inlaw and children-in- hy tbe invoked for purposes of marriage on rae the basis solely of a final judgment declaring . between the adopting parent and t ious marriage void. adonteat ot he such previous fT 5. between the surviving spouse of the ‘A marriage even one which is void or voidable, adopting parent and the adopted child shall be deemed vatid until declared otherwise in 6 between the surviving spouse of the a judicial proceeding. adopted child and the adopter The outcome of the civil case for annulment of 7, between an adopted child and a petitioner’s marriage had no bearing upon the [eaitimate child of the adopter Setermination of petitioner's innocence or gui in 8. between the adopted children of the Ihe criminal case for bigamy, because all that is Same adopter required for the charge of bigamy to prosper is 8. between parties where one, with the that the first marriage be subsisting at the time intention to many the other, killed the the second marriage is contracted. ___latler's spouse, or his/her spouse (Abunado v. P.P, G.RNo. 159218, Mar30, Art. | ACTION FOR DECLARATION OF ABSOLUTE | 3003 1 LB 2004) / 38 NULLITY 2006 | V-3 {Te v. CA, G.R.No. 126746, Nov.29, 2000) 5 2006 Void Marriage ‘Voidable Marriage “a Art RULE ON MARRIAGE CONTRACTED 4992 re | | decree of nulity decree for annulment 41_| DURING EFFECTMITY OF PREVIOUS 2005 | I can be attacked can only be attacked ( MARRIAGE 2908 55. Chapter 1) - Civil Law oo Chapter — Civil Law