LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM
CIVIL LAW
IMPORTANT NOTE: This document is not meant to replace adequate review time and reputable reference materials
in preparation for the bar examinations. This is merely a review aid and should not be your primary review material.
PRELIMINARY TITLE
1. WHEN SHALL THE LAW TAKE EFFECT
WHEN IT PROVIDES THAT IT SHALL “TAKE
EFFECT IMMEDIATELY”? It shall take effect
immediately after publication. The immediate
effectivity clause does not preclude the
requirement of publication required under
Article 2 of the New Civil Code (NCC) since the
clear object of the law is to give the general
public adequate notice of the various laws
which are to regulate their actions and conduct
as citizens.TANADA VS. TUVERA
2. INTERPRETATIVE REGULATIONS and those
merely internal in nature need not be
published. TANADA VS. TUVERA
3. DECISIONS OF THE SUPREME COURT are
not law, but rather evidence of what the law
means.NCC8
4. PENAL LAWS and those of public security and
safety shall be obligatory upon all who live
or sojourn in Philippine territory, subject to the
principles of public international law and to
treaty stipulations. NCC14
5. Philippine CIVIL LAW follows where the
citizen is.NCC15
PERSONS
6. Doctrine of PRESUMPTIVE PERSONALITY: A
conceived child is presumed to have civil
personality for all purposes favorable to it
provided that it is born in accordance with
Article 41 of the NCC.
7. JURIDICAL CAPACITY is the fitness to be the
subject of legal relations. NCC37
8. CAPACITY TO ACT is the power to do acts
with legal effects.NCC37
9. The legal capacity of aliens to enter into
contracts or marriage shall be governed by
their NATIONAL LAW pursuant to the
nationality principle.
10. NO CORRECTION OF ENTRIES must involve
a change of nationality, age, or status of the
petitioner.RA9048,S2
“You didn’t reach this far just to make it this far.” - NBV
11. CAN A PERSON DIE WITHOUT HAVING A
LEGAL PERSONALITY? The Civil Code does
not explicitly state that only those who have
acquired juridical personality could die. Death
has been defined as the cessation of life. Life
is not
synonymous with
civil personality.
One need not
acquire civil
personality first
before he/she
could die. Even a
child inside the
womb already
has life. No less than the Constitution
recognizes the life of the unborn from
conception, that the State must protect equally
with the life of the mother. If the unborn already
has life, then the cessation thereof even prior
to the child being delivered, qualifies as
death.CONTINENTAL STEEL VS. MONTANO
12. WHEN MAY ILLEGITIMATE CHILDREN USE
THE SURNAME OF THEIR FATHER? Under
Article 176 of the Family Code (FC),
illegitimate children may use the surname of
their father if their filiation has been expressly
recognized by the father through the record of
birth appearing in the civil register, or when an
admission in a public document or private
handwritten instrument is made by the father.
13. In case of annulment of marriage, the innocent
wife may continue using her FORMER
HUSBAND’S SURNAME unless she or her
former husband is married again to another
person.NCC371
14. The PRESUMPTION OF DEATH UNDER THE
NCC is merely one of evidence which may be
invoked in any action or proceeding. Thus, it
cannot be the lone subject of an independent
action or proceeding.TADEO-MATIAS VS. REPUBLIC
FAMILY RELATIONS
15. WHO IS LEGALLY CAPACITATED TO
CONTRACT MARRIAGE? Any male or female
of the age of eighteen years or upwards not
under any of the impediments mentioned in
Articles 37 and 38 of the FC.FC5
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM
16. CAN SAME-SEX MARRIAGES BE
CONSIDERED VALID IN THE PHILIPPINES?
No, Article 1 of the Family Code defines a
marriage to be a special contract of permanent
union between a man and a woman entered
into in accordance with law for the
establishment of conjugal and family life. By
mere definition, same-sex marriages, even if
valid where celebrated, cannot be considered
valid in the Philippines.
17. A marriage where any party is below 18, but
with consent of the parents and solemnized
outside the Philippines and valid there as
such, is VOID.FC26; FC35
18. WHERE SHALL MARRIAGE BE
SOLEMNIZED PUBLICLY? The marriage shall
be solemnized publicly:
(a) in the chambers of the judge or in open
court,
(b) in the church, chapel, or temple, or
(c) in the office the consul-general, consul or
vice-consul,
as the case may be, and not elsewhere,
except in cases of:
- marriages contracted:
o on the point of death, or
o in remote places, or
- where both of the parties request the
solemnizing officer in writing in which case
the marriage may be solemnized at a
house or place designated by them in a
sworn statement to that effect.FC8
19. Those applying a marriage license NEED
NOT BE OF LEGAL AGE on the date of the
filing of the application.DOJ Opinion No. 146, S. 1991
20. ARE MARRIAGES ENTERED INTO FOR
PURPOSES OF MONEY VALID? Marriages
entered into for other purposes, limited or
otherwise, such as convenience,
companionship, money, status, and title,
provided that they comply with all the legal
requisites, are EQUALLY VALID.REPUBLIC VS.
ALBIOS
21. A mere irregularity in the issuance of the
marriage license shall not render the marriage
void, but the party responsible for the
irregularity shall be CIVILLY, CRIMINALLY
AND ADMINISTRATIVELY LIABLE.FC5
22. The duty of the local civil registrar in issuing
the marriage license is PURELY
MINISTERIAL. He/she is not empowered to
rule upon the validity of the intended marriage
due to any known impediment.FC18
“You didn’t reach this far just to make it this far.” - NBV
23. A marriage celebrated without the required
parental advice remains VALID because
such is a mere irregularity in a formal
requisite.FC4; FC16
24. WHAT IS THE STATUS OF A MARRIAGE
CELEBRATED USING AN EXPIRED
MARRIAGE LICENSE? A marriage license is
valid only for a period of 120 days from date
issue, and it is deemed automatically cancelled
upon expiration of said period. The marriage
shall be void due to lack of one of the formal
requisites: valid marriage license.FC4; FC20
25. While a MARRIAGE CONTRACT is the best
evidence of a marriage, the lack of it does not
negate the existence of a valid marriage.SPOUSES
VILLANUEVA VS. CA
26. Divorce between Filipinos is VOID AND
INEFFECTUAL under the nationality rule.
Hence, any settlement of property between
the parties of the first marriage involving
Filipinos submitted as an incident of such
divorce obtained in a foreign country lacks
competent judicial approval, and cannot be
enforceable against the assets of the husband
who contracts a subsequent marriage.LAVADIA VS.
HEIRS OF LUNA
27. A mayor who solemnized a marriage
BETWEEN AUGUST 3, 1988 AND
DECEMBER 31, 1991 did not have authority to
solemnize a marriage rendering the marriage
void.NCC56; FC7; LGC
28. WHEN ARE MARRIAGES CONSIDERED
VALID DESPITE ABSENCE OF A VALID
MARRIAGE LICENSE?
(a) Marriages in articulo mortisFC29; FC31; FC32;
(b) Marriages in remote placesFC28;
(c) Marriages among Muslims and members
of ethnic cultural communitiesFC33;
(d) Marriages celebrated abroad where a valid
marriage license is not required for validity
of such marriageFC26, and
(e) Ratification of marital cohabitationFC34.
29. What exempts contracting parties from the
valid marriage license requirement under
Article 34 of FC is the FACT OF MARITAL
COHABITATION of at least 5 years, not the
affidavit of such fact.
30. The falsity of affidavit of marital cohabitation
(where no marital cohabitation existed for at
least 5 years) shall render the marriage VOID
for lack of a valid marriage license.REPUBLIC VS.
BAYOT
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM
31. In marital cohabitation, the FIVE-YEAR
PERIOD must be characterized with
exclusivity and continuity.NINAL VS. BAYADOG
32. A marriage celebrated through video
conferencing where either or both parties do
not appear personally before the solemnizing
officer is NOT VALID IF CELEBRATED IN THE
PHILIPPINES. If celebrated abroad, however,
and valid there as such, it shall likewise be
considered as valid in the Philippines. Same
rule applies with marriage by proxy.FC26; FC35
33. The following marriages are VOID even if such
are celebrated in a country where it is valid:
(a) where a party thereto is below 18 and he
or she is a Filipino citizen;
(b) bigamous or polygamous;
(c) when contracted through mistake of one
contracting party as to the identity of the
other;
(d) if one of the parties in a subsequent
marriage is already a party to a prior
marriage which has been annulled or
judicially declared void but fails to comply
with the requirements of Article 52 of the
FC;
(e) where one of the parties to such marriage,
at the time of its celebration, is
psychologically incapacitated to comply
with the essential marital obligations;
(f) incestuous;
(g) void by reason of public policy as
enumerated in Article 38 of the FC; and
(h) between members of the same sex.
34. A DIVORCE VALIDLY SECURED ABROAD
that terminated the marriage between a
Filipino citizen and a foreigner may be given
recognition in the Philippines regardless of
whether who among the contracting parties
secured the divorce decree.REPUBLIC VS. MANALO
35. If the marriage is annulled and the WIFE IS
THE INNOCENT PARTY, she may continue
using her former husband’s name, unless: (a)
the court decrees otherwise, or (b) she or the
former husband is married again to another
person.NCC371
36. PROVISIONAL ABSENCE refers to when a
person disappears from his domicile, his
whereabouts being unknown, without leaving
an agent to administer his property.NCC381
37. DECLARED ABSENCE refers to when a
person disappears from his domicile, and 2
years have elapsed without any news about
him or since the receipt of the last news, or 5
years have elapsed in case he left a person to
administer his property.NCC384
“You didn’t reach this far just to make it this far.” - NBV
38. There can be NO INDEPENDENT
PROCEEDING for the express purpose of
securing a judicial declaration that a person is
presumptively dead, except for purposes of
remarriage under Article 41 the FC.
39. Doctrine of TRIENNIAL COHABITATION
refers to the presumption that the husband is
impotent should the wife still remain a virgin
after living together with the husband for at
least three years.
40. If INSANITY existed later than the date of
celebration of marriage, there could be no
action for annulment of marriage.FC45
41. In case of voidable marriages on the ground of
lack of parental consent, the parent or
guardian whose consent is required CANNOT
FILE for the annulment of the voidable
marriage after the contracting party required
to secure such consent has reached the age
of 21.FC47
42. The requisites for declaration of nullity of
marriage on the ground of psychological
incapacity are:
(a) GRAVITY (serious enough that the
incapacitated party cannot assume the
marital and familial obligations),
(b) JURIDICAL ANTECEDENCE (the mental
incapacity existed at the time of the
marriage though it manifested only later),
and
(c) INCURABILITY (the incapacity has no
cure, or if curable, the incapacitated has no
means to afford such cure).REPUBLIC VS. JAVIER
43. DOCTRINES HELD IN TAN-ANDAL VS.
ANDAL:
(a) Psychological incapacity is neither a
mental incapacity nor a personality
disorder that must be proven through
expert opinion.
(b) There must be proof, however, of the
durable or enduring aspects of a person's
personality, called “personality
structure,” which manifests itself through
clear acts of dysfunctionality that
undermines the family.
(c) The spouse's personality structure must
make it impossible for him or her to
understand and, more important, to
comply with his or her essential marital
obligations.
(d) Proof of these aspects of personality need
not be given by an expert. Ordinary
witnesses who have been present in the
life of the spouses before the latter
contracted marriage may testify on
behaviors that they have consistently
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM
observed from the supposedly
incapacitated spouse. From there, the
judge will decide if these behaviors are
indicative of a true and serious incapacity
to assume the essential marital obligations.
44. DOES A PETITION FOR DECLARATION OF
NULLITY OF MARRIAGE DUE TO
PSYCHOLOGICAL INCAPACITY REQUIRE
EXPERT OPINION ON SAID INCAPACITY?
No, because under Sec. 2(d) of the new Rule
on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable
Marriages, it has been clarified that a petition
for declaration of nullity under Article 36 of the
Family Code need not allege expert opinion on
the psychological incapacity or on its root
cause. What must be alleged are the physical
manifestations indicative of said incapacity.
45. The property regime of a second marriage that
is void under Article 40 (lack of judicial
declaration of nullity of a previous void
marriage for purposes of remarriage) of the FC
shall be either ABSOLUTE COMMUNITY OF
PROPERTY OR CONJUGAL PARTNERSHIP
OF GAINS depending on the date of
celebration of the second marriage.VALDEZ VS. RTC
46. DOES MERE REAPPEARANCE TERMINATE
THE SUBSEQUENT MARRIAGE
COTNTRACTED AFTER SECURING A
JUDICIAL DECLARATION OF
PRESUMPTIVE DEATH OF THE ABSENT
SPOUSE? No, it
does not. It is the
filing of an
affidavit of
reappearance
that does.FC42
47. The relative
guardian or
person having
legal charge of the insane in a voidable
marriage and the sane spouse CANNOT
RATIFY said marriage.FC45; FC47
48. The judicial declaration required under Article
40 of the FC is not necessary if the previous
marriage is between members of the SAME
SEX, since it is not a marriage defined under
Article 1 of the FC.
49. WHAT ARE THE REQUISITES FOR THE
ISSUANCE OF JUDICIAL DECLARATION OF
PRESUMPTIVE DEATH?
(a) The absent spouse has been missing for
four consecutive years, or two consecutive
years if the disappearance occurred where
there is danger of death under the
“You didn’t reach this far just to make it this far.” - NBV
circumstances laid down in Article 391 of
the Civil Code;
(b) The spouse present wishes to remarry;
(c) The spouse present has a well-founded
belief that the absentee spouse is dead;
and
(d) The spouse present files a summary
proceeding for the declaration of
presumptive death of the absentee.REPUBLIC
VS. NOLASCO
50. In asking for a judicial declaration of
presumptive death of an absent spouse for
purposes of remarriage, the belief that the
absent spouse is dead must be WELL-
FOUNDED.FC41
51. WHEN IS BELIEF OF ABSENT SPOUSE’S
DEATH WELL-FOUNDED? In determining the
existence of a “well-founded belief,” the belief
of the present spouse must be the result of
proper and honest to goodness inquiries and
efforts to ascertain the whereabouts of the
absent spouse and whether the absent spouse
is still alive or is already dead. Whether or not
the spouse present acted on a well-founded
belief of death of the absent spouse depends
upon the inquiries to be drawn from a great
many circumstances occurring before and
after the disappearance of the absent spouse
and the nature and extent of the inquiries
made by the present spouse.REPUBLIC VS. CA &
ALEGRO
52. Physical incapability to consummate
marriage, as a ground to annul a marriage,
refers to IMPOTENCY or the inability to
perform a sexual act, which is not the same as
sterility (inability to produce an offspring).FC45
53. CAN A MARRIAGE BE ANNULLED ON THE
GROUND OF CONCEALMENT OF
PREGNANCY IF THE WIFE DID NOT KNOW
SHE WAS PREGNANT AT THE TIME OF THE
MARRIAGE? No, one of the requisites for such
ground is that the wife concealed the fact of
pregnancy by another man from her husband
at the time of celebration of marriage; and one
cannot conceal a fact she did not know.FC46
54. In order for a sexually transmitted disease
(STD) to be a ground to annul a marriage, it
must be (a) existing at the time of the
marriage, (b) serious, and (c) appears to be
incurable.FC45 If concealment of STD is to be a
ground, it need not be serious or incurable.FC46
55. In order for concealment of homosexuality
to be a ground to annul a marriage, the
concealment should vitiate the consent of the
innocent party and such concealment
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM
presupposes bad faith and INTENT TO
DEFRAUD the other party in giving consent to
the marriage.ALMELOR VS. RTC OF LAS PINAS
56. A threat to enforce one’s claim through
competent authority, if the claim is just or
legal, DOES NOT VITIATE consent.NCC1335 If
such threat is made to obtain consent to a
marriage, it shall not be a ground for
annulment.FC45
57. In case of legal separation where violence
alleged also constitutes as violence specified
under RA 9262 (VAWC), NO COOLING-OFF
period of 6 months shall be necessary before
the action can proceed.FC58
58. ABANDONMENT, as a ground for legal
separation, must be without justifiable cause
and must have exceeded one year.FC55
59. WHAT DEFENSES ARE AVAILABLE
AGAINST AN ACTION FOR LEGAL
SEPARATION? An action for legal separation
fails if one of the following grounds are invoked
and proved:
(a) Condonation (forgiveness given after
commission of the ground);
(b) Consent (given in advance of the
commission of the ground);
(c) Connivance (agreement of both spouses
to the ground);
(d) Collusion (agreement to enable one
spouse to obtain legal separation)
(e) Mutual guilt (both spouses giving ground
for legal separation)
(f) Prescription (lapse of 5 years from
occurrence of cause).FC56
60. MAY COURTS ORDER SPOUSES TO LIVE
TOGETHER? Courts are powerless to order or
enforce the obligation of the spouses to live
together.ILUSORIO VS. ILUSORIO-BILDNER
61. Either spouse may exercise any legitimate
profession, OCCUPATION, business, or
activity without the consent of the other.FC73
62. In case of NON-CELEBRATION OF THE
MARRIAGE, a donation propter nuptias is
revocable at instance of the donor, except
when said donation is embodied in a marriage
settlement in which case the donation is
revoked by operation of law.FC81; FC86
63. Marriage settlements take effect upon
celebration of the marriage. Any stipulation as
to any other date shall be VOID.FC77; FC107
64. A marriage settlement must be in writing in
order to be VALID.FC77
“You didn’t reach this far just to make it this far.” - NBV
65. For a marriage settlement to be
ENFORCEABLE AGAINST THIRD PARTIES,
it must be registered in the local civil registry
where the marriage contract is recorded as
well as in the registries of property. FC77
66. DONATIONS BETWEEN SPOUSES
(including those persons living together as
husband and wife without a valid marriage) are
prohibited, except when it involves
moderate gifts on the occasion of any family
rejoicing (and not family distress).FC87
67. Under ACP, any property acquired during the
marriage by gratuitous title by either spouse,
including the fruits and income thereof,
shall be considered EXCLUSIVE property.
Under CPG, such property is exclusive, but the
fruits and income thereof are conjugal
properties.FC92,106
68. Under ACP, the COMMUNITY property shall
consist of all the property owned by the
spouses at the time of the celebration of the
marriage or acquired thereafter, unless
excluded under the FC or in the marriage
settlements.FC91
69. WHEN DOES THE REGIME OF COMPLETE
SEPARATION OF PROPERTY GOVERN THE
PROPERTY RELATIONS OF THE SPOUSES?
It governs when:
(a) Expressly declared in the marriage
settlement; and
(b) Ordered by a competent court.FC134
70. Under CPG, all property acquired during the
marriage, whether the acquisition appears to
have been made, contracted, or registered in
the name of one or both spouses, is presumed
to be CONJUGAL, unless the contrary is
proved.FC116
71. Whatever may be lost during the marriage in
any game of chance, betting, sweepstakes, or
any other kind of gambling, whether permitted
or prohibited by law, shall be borne by the
loser, and shall not be charged to the
community but any winnings therefrom shall
form part of the COMMUNITY/CONJUGAL
property.FC95; FC123
72. A hidden treasure found by the husband in
the lot exclusively owned by the wife shall
accrue in favor of the ACP or CPG.FC92; FC117
73. The SEPARATION IN FACT between the
spouses does not affect the property regime
of the spouses.FC100; FC127
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM
74. WHAT IS THE STATUS OF A DISPOSITION
OF OR ENCUMBRANCE OVER
COMMUNITY/CONJUGAL PROPERTY
WITHOUT THE CONSENT OF EITHER
SPOUSE? A disposition of or encumbrance
over a community/conjugal property without
the consent or authority of either spouse shall
render such disposition or encumbrance void.
However, such transaction shall be construed
as a continuing offer on the part of the
consenting spouse and the third person, and
may be perfected as a binding contract upon
the acceptance by the other spouse or
authorization by the court before the offer is
withdrawn by either or both offerors.FC96; FC124
75. MAY A SPOUSE DONATE ANY
COMMUNITY/CONJUGAL PROPERTY
WITHOUT THE CONSENT OF THE OTHER
SPOUSE? Neither spouse may donate any
community/conjugal property without the
consent of the other. However, either spouse
may, without the consent of the other, make
moderate donations from the
community/conjugal property for charity or on
occasions of family rejoicing or family
distress.FC98; FC125
76. WHEN IS A SPOUSE CONSIDERED TO
HAVE ABANDONED THE OTHER? A spouse
is deemed to have abandoned the other when
her or she has left the conjugal dwelling
without intention of returning. The spouse who
has left the conjugal dwelling for a period of
three months or has failed within the same
period to give any information as to his or her
whereabouts shall be prima facie presumed to
have no intention of returning to the conjugal
dwelling.FC101; FC128
77. If no liquidation of ACP/CPG is made within
one year from the death of the deceased
spouse and the surviving spouse contracts a
subsequent marriage, any disposition or
encumbrance involving the community
property of the terminated marriage shall be
VOID.FC103; FC130
78. If no liquidation of ACP/CPG is made within
one year from the death of the deceased
spouse and the surviving spouse contracts a
subsequent marriage, a MANDATORY
REGIME OF COMPLETE SEPARATION OF
PROPERTY shall govern the property relations
of the subsequent marriage.FC103,130
79. The following are sufficient CAUSES FOR
JUDICIAL SEPARATION OF PROPERTY:
(a) That the spouse of the petitioner has been
sentenced to a penalty which carries with
it civil interdiction;
“You didn’t reach this far just to make it this far.” - NBV
(b) That the spouse of the petitioner has been
A judicially declared an absentee;
(c) That loss of parental authority of the
spouse of petitioner has been decreed by
the court;
(d) That the spouse of the petitioner has
abandoned the latter or failed to comply
with his or her obligations to the family;
(e) That the spouse granted the power of
administration in the marriage settlements
has abused that power;
(f) That at the time of the petition, the spouses
have been separated in fact for at least
one year and reconciliation is highly
improbable; and
(g) Verified joint petition by the spouses.FC135;
FC136
80. WHEN DOES A SPOUSE BECOME THE
ADMINISTRATOR OF ALL CLASSES OF
EXCLUSIVE PROPERTY OF THE OTHER
SPOUSE? The administration of all classes of
exclusive property of either spouse may be
transferred by the court to the other spouse:
(a) When one spouse becomes the guardian
of the other;
(b) When one spouse is judicially declared an
absentee;
(c) When one spouse is sentenced to a
penalty which carries with it civil
interdiction; or
(d) When one spouse becomes a fugitive
from justice or is in hiding as an accused in
a criminal case.
If the other spouse is not qualified because of
just cause, the court shall appoint a suitable
person to be the administrator.FC142
81. WHAT ARE THE RULES ON EXPENSES
UNDER A REGIME OF COMPLETE
SEPARATION OF PROPERTY?
(a) Both spouses shall bear the family
expenses in proportion to their income, or,
in case of insufficiency or default thereof,
to the current market value of their
separate properties.
(b) The liabilities of the spouses to creditors
for family expenses shall, however, be
solidary.FC146
82. The following void marriages are governed by
ARTICLE 147 of FC:
(a) Either or both parties are below 18
(b) Lacking the authority of the solemnizing
officer
(c) No valid marriage license
(d) Mistake of identity
(e) Psychological incapacity
(f) Subsequent marriage where there is
failure to partition and distribute
properties and delivery of presumptive
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM

legitimes, and subsequent registration of couple shall be governed by the rules on co-
such, including judgment of annulment or ownership, and not Articles 147 and 148 of FC.
termination of prior marriage
86. There can be NO
83. The following void marriages are governed by FAMILY HOME
ARTICLE 148 of FC: constituted if the
(a) Bigamous or polygamous lot where the
(b) Incestuous house sits is co-
(c) Against public policy owned by any or
(d) Subsequent marriage without judicial both of the
declaration of presumptive death of first spouses with
and absent spouse another
(e) Subsequent marriage with judicial person.FC156
declaration of presumptive death of first
and absent spouse where both parties 87. A family home is NOT EXEMPT from execution
are in bad faith; bigamous to pay debts incurred prior to the
constitution of the family home.FC155
84. PROPERTY REGIMES OF UNIONS
WITHOUT BENEFIT OF MARRIAGE: 88. Children conceived or born before a judgment
BASIS ARTICLE 147 ARTICLE 148 of absolute nullity on the ground of
Man and woman psychological incapacity are considered
Living together as husband and wife
Not capacitated
LEGITIMATE.FC54
With capacity to to marry due to
marry some legal 89. An admission of filiation based on a PRIVATE
APPLICABILITY impediments HANDWRITTEN INSTRUMENT must be
Without benefit (adulterous,
of marriage or bigamous,
signed by the parent concerned.FC172
under void incestuous, or
marriage void by reason 90. The QUESTION OF LEGITIMACY cannot be
of public policy) collaterally attacked. It can be impugned only
Exclusively
owned
in a direct action.LIYAO VS. TANHOTI-LIYAO

SALARIES AND Owned in equal Married party: 91. IMPUGNING THE LEGITIMACY of the child is
WAGES shares property of ACP a strictly personal right of the husband, or in
or CPG of
legitimate
exceptional cases, his heirs. LIYAO VS. TANHOTI-LIYAO
marriage
PROPERTIES 92. OPEN AND CONTINUOUS POSSESSION OF
Remains
ACQUIRED THE STATUS of an illegitimate child, as
exclusive Remains
THROUGH
provided there exclusive evidence of filiation, may only be used in an
EXCLUSIVE
FUNDS
is proof action brought during the lifetime of the
PROPERTIES alleged parent.FC175
Owned by them
ACQUIRED BY Governed by
in proportion to
BOTH THROUGH rules on co- 93. Children born and conceived outside of
respective
THEIR ownership
WORK/INDUSTRY
contributions wedlock of parents, who were minor, may be
Presumed to be LEGITIMATED by a subsequent valid
obtained in their
No presumption
marriage between such parents.FC177-178
joint efforts,
of joint
work or industry
acquisition. 94. The RESIDENCE REQUIREMENT of three
and shall be
When there is continuous years prior to the application for
owned by them
PROPERTIES evidence of joint
in equal shares. adoption for alien adopters does not apply
ACQUIRED acquisition but
Efforts in care when:
WHILE LIVING none as to the
and
TOGETHER extent of actual (a) a former Filipino citizen who seeks to
maintenance of
contribution, adopt a relative within the fourth (4th)
family and
there is a
household
presumption of
degree of consanguinity or affinity; or
considered (b) one who seeks to adopt the legitimate
equal sharing.
contribution in
acquisition. son/daughter of his/her Filipino spouse;
or
85. WHAT SHALL GOVERN THE PROPERTY (c) one who is married to a Filipino citizen
RELATIONS OF FILIPINOS WHO ENTERED and seeks to adopt jointly with his/her
INTO A SAME SEX MARRIAGE? In case of spouse a relative within the fourth (4th)
same-sex marriage, properties acquired by the
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM
degree of consanguinity or affinity of the
Filipino spouse.RA8552,S7
95. Adopting under the Inter-Country Adoption
Act requires the applicant to be AT LEAST 27
YEARS OLD, while under the Domestic
Adoption Act, the applicant must be of legal
age.
96. Spouses who are LEGALLY SEPARATED
may adopt singly.RA8552,S7
97. Where both adopters are aliens who have
resided in the Philippines for at least 3
continuous years prior to the filing of the
petition for adoption, such petition may be
brought UNDER THE DOMESTIC ADOPTION
ACT, and not the Inter-Country Adoption
Act.SPS. LEE V. LIWANAG
98. No child can be MATCHED TO A FOREIGN
ADOPTIVE FAMILY unless it is satisfactorily
shown that the child cannot be adopted
legally.RA8043,S11
99. A PERSON OF LEGAL AGE, who prior to the
adoption, has been consistently considered
by the adopter as his or her own child since
minority, may be adopted.RA8552,S8
100. Once a child has been LEGALLY
ADOPTED, he or she is considered a
legitimate child of the adopting parent(s) for
all intents and purposes. As such, the adoptee
(adopted child) is entitled to all the rights and
obligations provided by law to legitimate
children.CASTRO VS. GREGORIO
101. Adoption does not confer on the adopted
the CITIZENSHIP of the adopter, because
citizenship is a privilege, not a right.
102. Adoption is NOT SUBJECT TO
RESCISSION by the adopters. However, they
may disinherit the adoptee for causes
provided under Article 919 of the NCC.RA8552,S19
103. When DOMESTIC ADOPTION
RESCINDED, successional rights shall
REVERT to their status prior to the adoption,
but vested rights shall be respected.RA8552,S20
104. It is the PERSON OBLIGED TO SUPPORT
who has the option to either pay the
allowance fixed or receive and maintain in the
family dwelling the person who has a right to
receive support (unless there is a moral or
obstacle).FC204
“You didn’t reach this far just to make it this far.” - NBV
105. Whenever TWO OR MORE PERSONS
ARE OBLIGED to give support, the liability
shall devolve upon:
(a) The spouse
(b) The descendants in the nearest degree
(c) The ascendants in the nearest degree
(d) The brothers and sistersFC199
106. The basis for the amount to be given as
support shall be IN PROPORTION to the
resources or means of the giver and to the
necessities of the recipient.FC201
107. FORMAL DEMAND for support is not
required. A written commitment by the
husband to support his daughters as
requested by their mother is sufficient
evidence of extrajudicial demand.LACSON VS.
LACSON
108. SUBSTITUTE PARENTAL AUTHORITY
cannot be exercised concurrently with the
parental authority of the parents.FC214
109. The school, its administrators and
teachers, or the individual, entity or
institution engaged in childcare shall be
PRINCIPALLY AND SOLIDARILY liable for
damages caused by the acts or omissions of
the unemancipated minor. The parents,
judicial guardians or the persons exercising
substitute parental authority over said minor
shall be subsidiarily liable. Their respective
liabilities shall not apply if it is proved that they
exercised the proper diligence required
under the particular circumstances.
110. When a child reaches the age of 18, he or
she is EMANCIPATED, and parental authority
over him or her is permanently
terminated.FC228,234
111. The FC shall have RETROACTIVE
EFFECT, except when such retroactive
application impairs vested rights.FC256
SUCCESSION
IS
112. TRANSMISSIBLE property, rights, and
obligations constitute inheritance.NCC776
113. The right to inherit vested at the moment
of death. Even if she did not know how much
she was going to inherit, she could still dispose
of her share in the inheritance. Said right to the
share was hers from the moment of death and
she COULD DO WHATEVER SHE WANTED
WITH HER SHARE, even sell it.BORJA VS. BORJA
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114. Unless there is a pending special
proceeding for the settlement of the
decedent's estate or for the determination of
heirship, the compulsory or intestate heirs may
commence an ordinary civil action to
declare the nullity of a deed or instrument,
and for recovery of property, or any other
action in the enforcement of their
ownership rights acquired by virtue of
succession, without the necessity of a prior
and separate judicial declaration of their status
as such. The ruling of the trial court shall only
122. If a witness STANDS BEHIND A WALL
where he cannot see the testator signing the
will, the will is not being signed in the
presence of said witness. NCC805
123. The NOTARY PUBLIC notarizing the will
cannot be a witness to such will, unless there
are more than 3 witnesses.NCC806
124. The issue in PROBATE is the extrinsic or
formal validity of the will, unless there is an
intrinsic defect on the face of the will.NCC838;
NEPOMUCENO VS. CA

be in relation to the cause of action of the

ordinary civil action, i.e., the nullification of a 125. Even if there is NO INSTITUTION OF AN
deed or instrument, and recovery or HEIR, a will is valid, but it is useless unless it
reconveyance of property, which ruling is acknowledges an illegitimate child or
BINDING ONLY BETWEEN AND AMONG disinherits a compulsory heir. NCC841
THE PARTIES.TREYES VS. LARLAR
126. If the institution of heirs does not cover
the entire estate, the excess shall either go to
115. The physical act of making a notarial will
the COMPULSORY HEIRS OR BY
can be DELEGATED to a secretary but not the
INTESTACY. NCC841
execution or making of holographic wills.NCC784
127. A testator can dispose all of his or her
116. The following delegations in a will are
estate, except where are COMPULSORY
PROHIBITEDNCC786:
HEIRS; in such case, he or she can only
(a) “I hereby set aside the sum _____ which
dispose of the free portion. NCC841
my executor may determine for the cause
of climate change.”
128. PRETERITION occurs if the heir receives
(b) “I hereby set aside P500,000 for such
nothing from the inheritance by way of
worthy causes as my executor may
testamentary disposition, devise, legacy,
determine.”
intestacy, or donation inter vivos. NCC854
117. The following delegations in a will are
129. MAY A WIFE BE PRETERITED? No, a wife
ALLOWEDNCC786:
is not a compulsory heir in the direct line so
(a) “I hereby set aside the sum of P2,000,000
she cannot be preterited.ACAIN VS. ACAIN
for the development of COVID-19
vaccine.”
130. The heirs are substituted for each other
(b) “I hereby set aside P500,000 for the
based on either simple or fideicommissary
following persons: Anna, Betty, and Cathy,
substitution. If both are disqualified, then no
in amount as my executor may determine.”
substitution will take place and the estate will
PASS BY INTESTACY.NCC861
118. The testator may give a LESSER
INTEREST over a property.NCC794 For example:
131. The testator cannot impose any
“I give the usufruct of my land to Dennis.”
condition upon LEGITIMES.NCC871
Here, the usufruct is given to Dennis, while the
ownership over the land goes by intestacy.
132. IMPOSSIBLE CONDITIONS are deemed
not imposed; hence, the testamentary
119. All persons have the testamentary
disposition becomes pure, absolute, and
capacity to make a willNCC796, UNLESS:
unconditional.NCC873
(a) Disqualified by reason of ageNCC797; or
(b) Disqualified by reason of mental
133. No testamentary disposition can burden
incompetence.NCC798
the legitime because LEGITIME is
transmitted by operation of law.NCC886
120. SOUNDNESS OF MIND is determined at
the time of execution of the will, not at the
134. The testator is PROHIBITED from making
moment of death.NCC798
gratuitous disposition (testamentary
disposition mortis causa or donation inter
121. THUMB MARK is a sufficient signature
vivos) that impairs the legitime of his or her
under all circumstances, whether literate or
compulsory heirs. NCC886
illeterate.NCC805
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM

135. WHO ARE CONSIDERED COMPULSORY 139. A compulsory heir may only be deprived
HEIRS? of his or her legitime through a VALID
(a) Legitimate DISINHERITANCE.NCC915
children and
descendants 140. The list of grounds for disinheritance
(b) Legitimate under Articles 919 and 920 of the NCC is
parents and
EXCLUSIVE.
ascendants
(c) Surviving
spouse 141. Attempt against the life, adultery and
(d) Illegitimate concubinage, and civil interdiction, as
childrenNCC887 grounds for disinheritance, requires
CONVICTION.NCC919
136. RULES OF CONCURRENCE OF
COMPULSORY HEIRS: 142. Attempt by a parent against the other,
(a) Primary: Legitimate children, and in their as a ground for disinheritance, does NOT
absence, legitimate descendants [They are NEED CONVICTION.NCC920
absolutely preferred, and they exclude the
secondary.] 143. The CHILDREN AND DESCENDANTS, as
(b) Secondary: Legitimate parents, and in representatives of the disinherited person,
their absence, legitimate ascendants [They shall receive both the legitime and the free
inherit only in the absence or default of the portion which might have accrued to the
primary.] person disinherited if he or she had not been
(c) Concurring: Surviving spouse and disinherited.NCC923
illegitimate children [They get their legitime
together with the primary or secondary. 144. If the thing given as devise or legacy is not
Neither exclude primary or secondary nor owned by the testator at the time he or she
each other.] NCC887 made the will but he or she orders his or her
estate to acquire it, it is a VALID legacy or
137. In case of LEGAL SEPARATION, the devise.NCC931
innocent spouse is not disqualified to inherit
from guilty spouse, but the guilty spouse is 145. WHO ARE INTESTATE HEIRS?
disqualified to inherit from the innocent (a) Legitimate children or descendants
spouse.NCC892; FC63 (b) Illegitimate children or descendants
(c) Legitimate parents or ascendants
138. LEGITIMES: (d) Illegitimate parents
SURVIVORS LD LA SS IC
1/2, unless the testator and the SS were married
(e) Surviving spouse
ANY CLASS in articulo mortis and the testator died within 3 (f) Brothers and sisters, and nephews and
ALONE months form the time of such marriage, in which
case, legitime of SS as sole heir is 1/3.
nieces
ALL 1/2 of that (g) Other collateral relatives up to the fifth
CLASSES of a LC. If
BUT ONLY
1/2 Excluded 1/4
free
degree
ONE LD portion is (h) The State
not
ALL sufficient,
Equal to 146. BASIC RULES OF INTESTACY:
CLASSES divide
1/2 Excluded that of
BUT 2 OR equally (a) Rule of relationship: Intestate heir must be
each LD
MORE LD among the
IC related to the deceased.
LA
1/2 1/2* 1/4 -- (b) Rule of preference of line: The
SS
LA descending is preferred over the
-- 1/2** -- ¼
IC ascending.
SS
IC
-- -- 1/3 1/3 (c) Rule on proximity of degree: The relative
LA nearest in degree excludes the more
SS -- 1/2 1/8 1/4
IC
distant ones, saving the right of
*If the testator is an illegitimate person, his natural (or representation when it properly takes
illegitimate) parents are also excluded by presence of place.
illegitimate children.
**If natural parents concur with the surviving spouse, the
(d) Rule of representation: It modifies the rule
legitime of the former is 1/4, while of the latter is 1/4. of proximity. The relative nearest in degree
does not always exclude the more remote
ones, because, by fiction of law, more
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM

distant relatives belonging to the same 152. Succession opens at the death of the
class as the person represented, are decedent.NCC777 The heir (or the
raised to the place and degree of such representative) must be ALIVE when
person, and acquire the rights which the succession opens.NCC1025
latter would have acquired if he were living
or if he could have inherited. It is superior 153. The effects of the ACCEPTANCE OR
to right of accretion. REPUDIATION shall always retroact to the
(e) Rule of equal division: Relatives in the moment of the death of the decedent.NCC1042
same degree shall inherit in equal shares.
This rule is subject to the rule of 154. If the heir should DIE WITHOUT HAVING
preference between lines. ACCEPTED OR REPUDIATED, the
i. Exceptions: inheritance his right shall be transmitted to
1. Division in the ascending line his heirs.NCC1053
(between paternal and maternal
grandparents) 155. Where there are two or more heirs, the
2. Division among brothers and WHOLE ESTATE of the decedent is, before its
sisters, some of whom are of the partition, owned in common by such heirs,
full and others of half blood subject to the payment of debts of the
3. Division in cases where the right of deceased.NCC1078
representation takes place
156. RULES ON PARTITION OF ESTATENC1083:
147. INTESTATE SUCCESSION: (a) General rule: Any of the co-heirs can
SURVIVOR INTESTATE SHARE demand a partition at any time.
ANY CLASS
ALONE
Entire estate (b) Exception: Partition is forbidden by the
LC Entire estate testator in his will. This applies even to the
LP Excluded
LC Entire estate in proportion of 2:1 in favor of legitime. But it cannot exceed twenty (20)
IC LC years.
1 LC ½
SS ½
(c) Note: Despite the prohibition, if any ground
2 OR MORE LC Consider SS as 1 LC and then divide estate in Articles 1830 or 1831 (grounds for
SS by total number
LPA ½
dissolution of a partnership exists),
SS ½ partition will happen.
LPA ½
SS ¼
IC ¼ 157. The action for rescission on account of
IP ½ lesion shall prescribe after FOUR YEARS
SS ½
SS ½ FROM THE TIME THE PARTITION was
BS/NN ½ made.NCC1100
First, satisfy the legitime. If estate would be
1 LC insufficient, reduction must be made
SS according to the rules on legitime. The 158. A partition which includes a person
IC legitime of LCD and SS shall always be first
satisfied in preference to the ICD.
BELIEVED TO BE AN HEIR, BUT WHO IS
2 OR MORE LC
First, satisfy the legitime. In case of excess in NOT, shall be void only with respect to such
the estate distribute such excess in the
SS
proportion 1:2:2 in accordance with the
person.NC1105
IC
concurrence theory.
PROPERTY
148. ACCRETION takes place only if there is
159. In order to be classified as property of
no representation.NCC1015
PUBLIC DOMINION, an intention to devote it
to public use or to public service is sufficient
149. In RENUNCIATION, there is always and it is not necessary that it must actually be
accretion because there is no representation used as such.MANILA LODGE NO. 761 VS. CA
in renunciation.NCC1018
160. WHAT DOES PUBLIC USE MEAN? Public
150. A REPRESENTATIVE can get accretion, use is that use which is not confined to
because if a person represented will get the privileged individuals, but is open to the
accretion, then the representative should also indefinite public.
get the accretion.NCC1020
161. A building of strong materials built on a
land not owned by the builder is an
151. RIGHT OF HEIR to recover the inheritance
IMMOVABLE property.ASSOCIATED INSURANCE VS. IYA
must be exercised within five years.NC1040
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM
162. Under Article 415(10) of NCC, a real right
over an immovable property (such as land) is
an IMMOVABLE property as well. A mortgage
on a parcel of land is only considered a real
right if registered. Hence, an unregistered
mortgage is a MOVABLE property, while a
registered mortgage is an immovable
property.
163. If a movable found is not treasure, it must
be RETURNED to the owner; otherwise, if the
finder retains it, he may be charged with
theft.NCC719
164. WHEN IS A HOUSE CONSIDERED A
PERSONAL PROPERTY? A house is
considered a personal property under the
following instances:
(a) if built using mixed materials, which by its
very nature is considered personal
property;
(b) if intended to be demolished, since what
were really mortgaged are the materials
used;
(c) if built on rented land, since an object
placed on a land by one who only had
temporary right to the same, does not
become immobilized by attachment; and
(d) if built using strong materials, expressly
considered as personal property by the
parties, and no innocent third parties will
be prejudiced thereby.
165. OWNERSHIP refers to the independent
right of exclusive enjoyment and control of the
thing for the purpose of deriving therefrom all
advantages required by the reasonable needs
of the owner (holder of the right) and the
promotion of the general welfare but subject to
the restrictions imposed by law and the right of
others. It includes the following rights:
(a) Right to enjoy;
(b) Right over the fruits;
(c) Right to possess;
(d) Right to use;
(e) Right to consume or abuse;
(f) Right to dispose;
(g) Right to recover;
(h) Right to exclude others from the property;
(i) Right to enclose or fence his property;
(j) Right to compensation in case of eminent
domain;
(k) Right to the surface, the sub-surface, and
the space above the land;
(l) Right to hidden treasure; and
(m) Right to accession.
166. A donation of IMMOVABLE property,
regardless of value, must be in a public
instrument.NCC749
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167. WHAT ARE THE LIMITATIONS ON THE
RIGHT OF OWNERSHIP?
(a) Police power,
(b) Power of eminent domain;
(c) Power of taxation;
(d) Legal easements;
(e) Injunction of thoughtless extravagance;
(f) Lands acquired under free patent or
homestead;
(g) Abuse of rights;
(h) State of necessity;
(i) Testator’s prohibition; and
(j) Stipulations in a deed of restrictions
168. DOCTRINE OF SELF-HELP: In excluding
others from the enjoyment of a property, the
owner or lawful possessor thereof may even
use reasonable force to repel or prevent an
actual or threatened unlawful physical invasion
or usurpation of his property.NCC429 It may be
invoked by the owner or lawful possessor.
169. DOCTRINE OF STATE OF NECESSITY: In
the enjoyment of his property, the owner
cannot, however, prohibit the interference by
another if the same is necessary to avert an
imminent danger and the threatened
damage, compared to the damage arising to
the owner from the interference, is much
greater. The owner may, however, demand
from the person benefited indemnity for the
damage to him.NCC432
170. ACTUAL POSSESSION under claim of
ownership raises disputable presumption of
ownership. The true owner must resort to
judicial process for the recovery of the
property.NCC433
171. THEORY OF IRREVINDICABILITY (OR
INDEFEASIBILITY): Possession in good faith
of a movable is presumed ownership. It is
equivalent to title, and no further proof is
necessary.
172. TREASURE refers to any hidden and
unknown deposit of money, jewelry, or other
precious objects, the lawful ownership of
which does not appear.NCC439
173. TO WHOM BELONGS A HIDDEN
TREASURE FOUND? Hidden treasure
belongs to the owner of the land, building, or
other property on which it is found.NCC438
174. When the discovery of hidden treasure is
made on the property of another, or of the
State or any of its subdivisions, and by chance,
one-half thereof shall be allowed to the finder.
If the finder is a TRESPASSER, he shall not be
entitled to any share of the treasure.NCC438
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM
175. If the things found be OF INTEREST TO
SCIENCE OR THE ARTS, the State may
acquire them at their just price, which shall be
divided in conformity with Article 438 of the
NCC.NCC438
176. If the usufructuary accidentally finds
hidden treasure, he is entitled to HALF of it, for
he is considered a stranger.NCC438; NCC566
177. CAN A CO-OWNER POINT TO A
SPECIFIC PORTION OF THE CO-OWNED
PROPERTY AS HIS/HER OWN? By the nature
of a co-ownership, a co-owner cannot point to
specific portion of the property owned in
common as his/her own because his/her share
therein remains intangible.DAILISAN VS. CA
178. Co-owners cannot agree that their
benefits and/or charges in the co-ownership
are NOT PROPORTIONAL to their respective
interests. NCC485
179. CAN A CO-OWNER BE PREVENTED
FROM ALIENATING HIS/HER SHARE IN THE
CO-OWNERSHIP? A co-owner of an
undivided parcel of land is an owner of the
whole, and over the whole he/she exercises
the right of dominion, but he/she is at the same
time the owner of a portion which is truly
abstract. Hence, his/her co-owners have no
right to enjoin a co-owner who intends to
alienate or substitute his/her abstract portion
or substitute a third person in its
enjoyment.TORRES, JR. vs. LAPINID
180. WHEN CAN A CO-OWNER CLAIM TITLE
OVER A DEFINITE PORTION OF THE CO-
OWNED PROPERTY? During the existence of
the co-ownership, no co-owner can claim title
to any definite portion of the community
property until the partition thereof, and prior to
the partition, all that the co-owner has is an
ideal or abstract quota or proportionate share
in the entire land or thing.PANGANIBAN VS. OAMIL
181. WHAT ARE THE LIMITATIONS TO A CO-
OWNER’S RIGHT TO USE?
(a) It is use for the purpose intended;
(b) It must be use in such a way as not to injure
the interest of the other co-owners; and
(c) Such use does not prevent the other co-
owners from making use thereof according
to their own right.NCC486
182. ANY ONE of the co-owners may bring an
action in ejectment without joining the other
co-owners; the suit being deemed instituted
for the benefit of all.NCC487; SERING VS. PLAZO
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183. While all co-owners are real parties-in-
interest in suits to recover properties, anyone
of them may bring an action for the recovery
of co-owned properties. Only the co-owner
who filed the suit for the recovery of the co-
owned property becomes an
INDISPENSABLE PARTY thereto.ESTEBAN VS.
SPOUSES MARCELO
The other co-owners are not
indispensable parties. They are not even
necessary parties, for a complete relief can be
afforded in the suit even without their
participation.CATEDRILLA VS. LAURON
184. If the action is for the benefit of the co-
owner alone who claims to be the sole owner
and entitled to the possession thereof, the
ACTION WILL NOT PROSPER, unless he/she
impleads the other co-owners who are
indispensable parties.BALOLOY VS. HULAR
185. While a co-owner may bring an action in
ejectment without the necessity of joining all
the other co-owners as co-plaintiffs, any
ADVERSE JUDGMENT cannot prejudice the
rights of the unimpleaded co-owners.
However, any judgment of the court in favor of
the co-owner will benefit the others.PLASABAS VS.
CA
186. WILL A CO-OWNER BECOME THE SOLE
OWNER OF A CO-OWNED PROPERTY
WHEN HE/SHE REDEEMS SAID PROPERTY?
No, a co-owner who redeems the property in
its entirety does not make him/her the owner
of all of it. The property remains in a condition
of co-ownership as the redemption does not
provide for a mode of terminating a co-
ownership.PAULMITAN VS. CA
187. WHAT IS THE RIGHT IN FAVOR OF A
REDEEMING CO-OWNER? The one who
redeemed had the right to be reimbursed for
the redemption price and until reimbursed,
holds a lien upon the subject property for the
amount due.CABALES VS. CA
The SALE
188.
OR OTHER
DISPOSITION OF A
CO-OWNER of the
whole property
affects only his/her
undivided share
and the transferee
gets only what would
correspond to
his/her grantor in the partition of the thing
owned in common,TORRES, JR. VS. LAPINID thereby
making the buyer a co-owner of the property.DE
FIGURACION VS. FIGURACION-GERILLA
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM
189. WHAT IS THE PROPER ACTION IN CASE
A CO-OWNER HAS SOLD THE WHOLE
PROPERTY? The proper action is not for the
nullification of the sale or for the recovery of
possession of the thing owned in common
from the third person who substituted the co-
owner who alienated his/her share, but the
division of the common property of the co-
owners who possessed and administered
it.MERCADO VS. CA
190. MAY A CO-OWNER BE OBLIGED TO
REMAIN IN CO-OWNERSHIP? No co-owner
shall be obliged to remain in the co-ownership.
Each co-owner may demand at any time the
partition of the thing owned in common, insofar
as his/her share is concerned, unless such
partition is prohibited by law.NCC494
191. CAN CO-OWNERS AGREE TO KEEP THE
CO-OWNED PROPERTY UNDIVIDED FOR A
PERIOD OF TIME? Yes, an agreement to keep
the thing undivided for a certain period of time,
not exceeding 10 years, shall be valid. This
term may be extended by a new
agreement.NCC494
192. HOW LONG CAN A DONOR OR
TESTATOR PROHIBIT THE PARTITION OF
THE DONATED OR INHERITED PROPERTY?
A donor or testator may prohibit partition for a
period which shall not exceed 20 years.NCC494
193. DOES PRESCIPTION RUN IN FAVOR OF
A CO-OWNER/CO-HEIR AGAINST HIS/HER
CO-OWNERS/CO-HEIRS? No prescription
shall run in favor of a co-owner or co-heir
against his/her co-owners or co-heirs so long
as he/she expressly or impliedly recognizes
the co-ownership.NCC494
194. The co-owners cannot demand a
physical division of the thing owned in
common, when to do so would render it
UNSERVICEABLE for the use for which it is
intended.NCC495 The proper remedy is to sell the
property and distribute the proceeds among
the co-owners.
195. HOW CAN A CO-OWNED PROPERTY BE
PARTITIONED? Partition may be made by
agreement between the parties or by judicial
proceedings.NCC496
196. Whenever the thing is ESSENTIALLY
INDIVISIBLE and the co-owners cannot agree
that it be allotted to one of them who shall
indemnify the others, it shall be sold, and its
proceeds distributed.NCC498
“You didn’t reach this far just to make it this far.” - NBV
197. DOES A PARTITION AFFECT THIRD
PERSONS? The partition of a thing owned in
common shall not prejudice third persons, who
shall retain the rights of mortgage, servitude or
any other real rights belonging to them before
the division was made.NCC499
198. ACCESSION is the right of the owner of a
thing to become the owner of everything that
is produced thereby, or which may be
inseparably attached or incorporated thereto,
either naturally or artificially.NCC440
199. ACCRETION does not automatically
become registered land just because the lot
which receives such accretion is covered by
Torrens title.CUREG VS. IAC
200. The accretion to registered land does not
preclude ACQUISITION of the additional area
by another person through
prescription.REYNANTE VS. CA
201. WHEN IS THE OWNER NOT ENTITLED
TO THE FRUITS?
(a) In usufruct, the usufructuary shall be
entitled to all the natural, industrial, and
civil fruits of the property in usufruct.NCC526
(b) In lease of rural land, the lessee is entitled
to the natural and industrial fruits of the
thing leased while the lessor is entitled to
civil fruits in the form of the rent paid by the
lessee. NCC1654; NCC1676
(c) A possessor in good faith is entitled to the
fruits received by him/her before his/her
possession is legally interrupted. NCC544
(d) Fruits naturally falling upon adjacent land
belong to the owner of the said land and
not to the owner of the tree. NCC681
202. To be deemed a BUILDER IN GOOD
FAITH, it is essential that a person asserts title
to the land on which he/she builds, i.e., that
he/she be a possessor in concept of owner,
and that he/she be unaware that there exists
in his/her title or mode of acquisition any flaw
which invalidates it.GR192268
203. WHEN IS A BUILDER CONSIDERED IN
BAD FAITH?
(a) If he/she is a buyer of a parcel of land who
constructed a house thereon, and he/she
is not an innocent purchaser for value;
(b) When he/she ought to have been aware of
the binding effects of a decided case and
the subsequent unconstitutionality of a law
that granted the builder title and/or
possession since all judicial decisions form
part of the law of the land; therefore, their
existence is a matter of mandatory judicial
notice;
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(c) If the builder’s occupation of the subject
property was by mere tolerance, he/she is
aware that his tolerated possession may be
terminated any time;
(d) If builder is a lessee; or
(e) If builder is a usufructuary.
204. DOES A RIPARIAN OWNER WHOSE
LAND RECEIVES GRADUAL DEPOSITS OF
SOIL NEED TO MAKE AN EXPRESS ACT OF
POSSESSION BEFORE HE/SHE BECOMES
THE OWNER THEREOF? No, the riparian
owner whose land receives the gradual
deposits of soil does not need to make an
express act of possession, and that no acts of
possession are necessary in that instance
because it is the law itself that pronounces the
alluvium to belong to the riparian owner from
the time that the deposit created by the current
of the water becomes manifest.REPUBLIC VS. SANTOS
III
205. IF A RIVER DRIES UP, DOES THE
RIVERBED BELONG TO THE RIPARIAN
OWNER? No, the drying up of the river is not
accretion. Hence, the dried-up riverbed
belongs to the State as property of public
dominion, not to the riparian owner, unless a
law vests the ownership in some other person.
REPUBLIC VS. SANTOS III
206. The registration under the Torrens system
does not protect the riparian owner against To
the DIMINUTION of the area of his/her
registered land through gradual changes in the
course of an adjoining stream.VIAJAR VS. CA
207. WHO OWNS THE RIVERBED THAT HAS
BEEN ABANDONED THROUGH THE
NATURAL CHANGE OF THE COURSE OF
THE RIVER? Once the riverbed has been
abandoned through the natural change of the
course of the river, the owners of the land
through which the new riverbed passes
become the owners of the abandoned bed to
the extent provided by Article 461 of the NCC.
There need be no act on their part to subject
the old riverbed to their ownership, as it is
subject thereto ipso jure from the moment the
mode of acquisition becomes evident, without
need of any formal act of acquisition.AGNE VS.
DIRECTOR OF LANDS
208. WHAT IS AN EASEMENT? An easement
is a real right which falls over the property
itself. Or, from the viewpoint of the obligation
imposed, the servitude is imposed upon the
property itself and not upon its owner. Hence,
it is said that the easement or servitude is but
an accessory to the tenement of which it forms
part.SOLID MANILA VS. BIO HONG TRADING The easement is
“You didn’t reach this far just to make it this far.” - NBV
inseparable from the estate to which it actively
or passively belongs.NCC617
209. WHAT KIND OF EASEMENT MAY BE
ACQUIRED BY PRESCRIPTION? In order for
an easement to be acquired by virtue of
prescription it must be both continuous and
apparent. It may be acquired by virtue of
prescription within a period of 10 years.NCC620
210. HOW IS A VOLUNTARY EASEMENT OF
RIGHT OF WAY TERMINATED? A voluntary
easement of right of way, like any other
contract, could be extinguished only by mutual
agreement or by renunciation of the owner of
the dominant estate.UNISOURCE COMMERCIAL VS. CHUNG
211. An owner cannot, by his own act,
ISOLATE his/her property from a public
highway and then claim a right of way through
an adjacent estate.FRANCISCO VS. IAC
212. FOR PURPOSES OF EASEMENT OF
RIGHT OF WAY, DOES THE DOMINANT
ESTATE NEED TO BE TOTALLY
LANDLOCKED? No, the estate need not be
totally landlocked as the isolation of the
dominant estate is also dependent on the
particular need of the dominant owner. What is
important to consider is whether or not a right
of way is necessary to fill a reasonable need
therefor by the owner.COSTABELLA CORP. VS. CA
213. To be entitled to a compulsory right of
way, it is necessary that the estate of the
claimant of a right of way must be isolated and
without adequate outlet to a public
highway.NCC649 The true standard for the grant
of the legal right is “ADEQUACY.” COSTABELLA
CORP. VS. CA
214. Whenever there are several tenements
surrounding the dominant estate, the right-of-
way must be established on the tenement
where the distance to the public road or
highway is shortest and where the least
damage would be caused. If these two criteria
(shortest distance and least damage) do not
concur in a single tenement, the LEAST
PREJUDICE criterion must prevail over the
shortest distance criterion.CALIMOSO VS. ROULLO
215. As between a right of way that would
demolish a store of strong materials to provide
egress to a public highway, and another right
of way which, although longer, will only
require an avocado tree to be cut down, the
second alternative should be
PREFERRED. QUIMEN VS. CA
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216. For purposes of right of way, it is the needs (c) Shocks, defies, or disregards decency or
of the dominant property which ultimately morality; or
determine the WIDTH OF THE PASSAGE. (d) Obstructs or interferes with the free
And these needs may vary from time to passage of any public highway or street, or
time.ENCARNACION VS. CA any body of water; or
(e) Hinders or impairs the use of
217. WHAT HAPPENS IF THE RIGHT OF WAY property.NCC694
IS NO LONGER NECESSARY BECAUSE THE
OWNER OF THE DOMINANT ESTATE HAS 221. A nuisance PER SE is a nuisance at all
JOINED IT TO ANOTHER ABUTTING ON A times and under any circumstance, while a
PUBLIC HIGHWAY AND SUCH PUBLIC nuisance PER ACCIDENS is a nuisance by
HIGHWAY SUBSTANTIALLY MEETS THE reason of circumstances, location, or
NEEDS OF THE DOMINANT ESTATE? The surroundings.
owner of the servient estate may demand for
the release of his/her estate from the servitude 222. A PUBLIC NUISANCE affects a
by returning what community or neighborhood or any
he/she may have considerable number of persons, although the
received by way extent of the annoyance, danger or damage
of indemnity upon individuals may be unequal. A private
without interest. nuisance is one that is not included in the
The interest on foregoing definition.NCC695
the indemnity
shall, instead, be 223. ARE THE REMEDIES OF ABATEMENT
considered as AND RECOVERY OF DAMAGES
payment for the ALTERNATIVE? No, the abatement of a
use of the easement.NCC655 The same rule shall nuisance does not preclude the right of any
be applied in cases where a new road is person injured to recover damages for its past
opened thereby giving access to the isolated existence.NCC697
estate.NCC655
224. The REMEDIES AGAINST A PUBLIC
218. WHAT JUSTIFIES THE IMPOSITION OF nuisance are:
THE SERVITUDE OF RIGHT OF WAY? In (a) A prosecution under the Penal Code or
order to justify the imposition of the servitude any local ordinance: or
of right of way, there must be a real, not a (b) A civil action; or
fictitious or artificial necessity for it. Mere (c) Abatement, without judicial
convenience for the dominant estate is not proceedings.NCC699
what is required by law as the basis for setting
up a compulsory easement.DICHOSO VS. MARCOS 225. A PRIVATE PERSON may file an action on
account of a public nuisance, if it is specially
219. PRESCRIPTION OF ACTIONS: injurious to himself.NCC703
PRESCRIPTIVE
ACTION
PERIOD 226. WHEN MAY A PRIVATE PERSON ABATE
30 years Actions over immovables
A PUBLIC NUISANCE? Any private person
Mortgage
Written contract may abate a public nuisance which is specially
10 years injurious to him/her by removing, or if
Obligation created by law
Judgment necessary, by destroying it, without
8 years Recovery of movables committing a breach of the peace, or doing
Oral contract unnecessary injury.NCC704
6 years
Quasi-contract
5 years Law did not fix a period
Quasi-delict 227. The REMEDIES AGAINST A PRIVATE
4 years Annul a contract nuisance are:
Rescind a rescissible contract (a) A civil action; or
Forcible entry and unlawful detainer (b) Abatement, without judicial
1 year Defamation
Recover possession de facto proceedings.NCC705

220. A NUISANCE is any act, omission, 228. WHAT IS THE REMEDY AVAILABLE TO
establishment, business, condition of property, A PERSON INJURED BY A PRIVATE
or anything else which: NUISANCE? He/she may abate it by removing,
(a) Injures or endangers the health or safety or if necessary, by destroying it, without
of others; or committing a breach of the peace or doing
(b) Annoys or offends the senses; or unnecessary injury. However, it is
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indispensable that the procedure for
extrajudicial abatement of a public nuisance by
a private person be followed.NCC706
229. A private person or a public official
extrajudicially abating a nuisance shall be
liable for DAMAGES:
(a) If he/she causes unnecessary injury; or
(b) If an alleged nuisance is later declared by
the courts to be not a real nuisance.NCC707
230. CAN A NUISANCE BE LEGALIZED BY
LAPSE OF TIME? Lapse of time cannot
legalize any nuisance, whether public or
private.NCC698
OBLIGATIONS
231. A TAXI OWNED BY X AND DRIVEN BY Y
FIGURED IN AN ACCIDENT DUE TO THE
NEGLIGENCE OF Y, CAUSING INJURY TO
PASSENGER D AND PEDESTRIAN E. WHAT
ARE THE RESULTING OBLIGATIONS?
(a) D may sue X for breach of CONTRACT due
to the injury sustained during transport. A
contract of carriage is between D, being
the passenger, and X, being the operator
of the taxi.
(b) D cannot sue Y for breach of CONTRACT
because Y is not a party to the contract of
carriage. Y is just an employee of X.
(c) D may sue X and/or Y based on QUASI-
DELICT. Y’s liability with X is solidary being
the employer. If X proves exercise of due
diligence over Y, X is excused from liability.
If X pays, X may seek reimbursement from
Y.
(d) D may sue Y only based on DELICT
because Y’s negligence resulting to injury
to D constitutes criminal negligence as
well. If Y is convicted and is insolvent, X is
subsidiarily liable. If X pays, X may seek
reimbursement from Y when Y becomes
solvent.
(e) D cannot sue X and/or Y based on QUASI-
CONTRACT, since the accident does not
constitute any form of negotiorum gestio or
solutio indebiti.
(f) E cannot sue X for breach of CONTRACT,
since there is no contractual relationship
existing between E and X.
(g) E cannot sue Y for breach of CONTRACT,
since there is no contractual relationship
existing between E and X.
(h) E may sue X and/or Y based on QUASI-
DELICT. Y’s liability with X is solidary being
the employer. If X proves exercise of due
diligence over Y, X is excused from liability.
If X pays, X may seek reimbursement from
Y.
“You didn’t reach this far just to make it this far.” - NBV
(i) E may sue Y only based on DELICT
because Y’s negligence resulting to injury
to E constitutes criminal negligence as
well. If Y is convicted and is insolvent, X is
subsidiarily liable. If X pays, X may seek
reimbursement from Y when Y becomes
solvent.
(j) E cannot sue X and/or Y based on QUASI-
CONTRACT, since the accident does not
constitute any form of negotiorum gestio or
solutio indebiti.
(k) X is not criminally liable (DELICT) to either
D or E since X is not the one who
committed the criminal act of negligence.
(l) D and E cannot sue each other based on
CONTRACT (because there is no contract
between D and E), QUASI-DELICT
(because neither of the two is at fault or
negligent), DELICT (because neither of the
two is criminally at fault or negligent), and
QUASI-CONTRACT (because nothing
constitutes any form of negotiorum gestio
or solutio indebiti).
Hence:
(a) D’s causes of action against X are based
on contract and quasi-delict.
(b) D and E’s causes of action against Y are
based on quasi-delict and delict.
(c) E’s cause of action against X is based on
quasi-delict only.
(d) If D or E files a criminal action (based on
delict) against Y, and Y is insolvent upon
conviction, X is subsidiarily liable for Y’s
civil liability to D or E.
(e) D and E have no cause of action against X
and/or Y based on quasi-contract.
232. An element of natural obligation before it
can be cognizable by the court is
VOLUNTARY FULFILLMENT by the
obligor.NCC1423
233. If the obligation is to deliver a
DETERMINATE thing in the sense that the
object thereof is particularly designated or
physically segregated from all others of the
same class, the rights of the creditor are:
(a) To compel specific performance; or
(b) To recover damages in case of breach of
the obligation.NCC1165; NCC1170
234. If the obligation is to deliver an
INDETERMINATE OR GENERIC thing, the
rights of the creditor are:
(a) To compel specific performance;
(b) To ask for substitute performance
(comply at the expense of the debtor); or
(c) To recover damages in case of breach of
the obligation.NCC1165; NCC1170; NCC1246
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235. WHAT IS THE EXTENT OF LIABILITY IN
DIFFERENT SOURCES OF OBLIGATIONS?
(a) Contract: joint, unless stipulatedNCC1207
(b) Quasi-contract: solidaryNCC2146; NCC2157
(c) Delict: joint, unless provided by law
(d) Quasi-delict: solidaryNCC2194
236. There is a SOLIDARY LIABILITY only:
(a) when the obligation expressly so states,
(b) when the law requires solidarity, or
(c) the nature of the obligation requires
solidarity.NCC1207
237. A JOINT INDIVISIBLE OBLIGATION
gives rise to indemnity for damages from the
time anyone of the debtors does not comply
with his undertaking.NCC1224
238. The penalty fixed in an obligation with a
penal clause SUBSTITUTES for damages in
case of breach, except when: (a) there is a
contrary stipulation, (b) the debtor is sued for
refusal to pay the agreed penalty, or (c) the
debtor is guilty of fraud.NCC1226
239. WHAT IS THE TEST OF DILIGENCE? Did
the defendant in doing the alleged negligent
act use reasonable care and caution which an
ordinarily prudent person would have used in
the same situation?
240. WHEN IS THE DEBTOR NOT HELD
LIABLE FOR DAMAGES FOR LOSS DUE TO
FORTUITOUS EVENT? If the obligation is
determinate, as a general rule, the obligor or
debtor cannot be held liable for damages for
loss due to fortuitous event.NCC1262; NCC1174
241. There is a FORTUITOUS EVENT when the
following requisites concur:
(a) The event must be independent of the
will of the debtor;
(b) It must be either unforeseeable or
unavoidable;
(c) The occurrence must render it
impossible for the debtor to fulfill the
obligation in a normal manner; and
(d) The debtor must be free of participation
in, or aggravation of the injury to the
creditor.
242. WHEN IS A DEBTOR STILL HELD LIABLE
IN CASE OF FORTUITOUS EVENT?
(a) Express provision of law
(b) Declared stipulation by the contracting
parties
(c) Nature of the obligation requires
assumption of risk
(d) When the object of the obligation is lost,
and the loss is due partly to the fault of the
debtor
“You didn’t reach this far just to make it this far.” - NBV
(e) When the object of the obligation is lost,
and the loss occurs after the debtor has
incurred in delay
(f) When the debtor promised to deliver the
same thing to two or more persons who
do not have the same interest
(g) When the obligation to deliver arises from
a criminal offense
(h) When the obligation is generic
243. Demand by the creditor is NOT
NECESSARY if:
(a) the obligation or the law expressly so
declare;
(b) when from the nature and circumstances
of the obligation, the designation of time of
performance was a controlling motive for
its establishment; or
(c) demand would be useless.NCC1169
244. WHAT IS THE REMEDY AGAINST A
PARTY WHO FAILS TO PERFORM HIS/HER
OBLIGATION IN A RECIPROCAL
OBLIGATION? It is a well-settled rule that the
injured party must invoke judicial aid. In
reciprocal obligations there is always a tacit
resolutory condition that if one party is unable
to comply with what is incumbent upon
him/her, the injured party has the power to
rescind the obligation by going to court. Such
rule can be applied only to a case where the
obligation is silent with respect to the power to
rescind.NCC1191
245. Where the COURTS ARE EMPOWERED
TO FIX THE DURATION of the term or period:
(a) if the obligation does not fix a period but
from its nature and circumstances it can
be inferred that a period was intended by
the parties;
(b) if the duration of the period depends upon
the will of the debtor; or
(c) if the debtor binds himself/herself to pay
when his/her means permit him to do
so.NCC1180; NCC1197
246. If there is an obligation to pay a sum in
money, the rule of LEGAL TENDER
applies.NCC1249
247. If there is no obligation to pay because the
payment of the price is merely incidental to
the exercise of a right (such as payment of
redemption price), the rule of LEGAL TENDER
IS NOT APPLICABLE.
248. One of the requisites for compensation to
be proper is that the two debts are due. Hence,
if there are two debts and one is not yet due,
NO COMPENSATION can take place.
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249. WHAT ARE OBLIGATIONS WHICH ARE 254. If there is SHORTENING OF PERIOD of
NOT SUBJECT TO LEGAL payment, there is novation because the
COMPENSATION? debtor’s liability has changed, “hindi na sya as
(1) Debts arising from contracts of deposit liable as he/she originally was.”
(2) Debts arising from contracts of
commodatum (gratuitous loan of a thing) 255. DELEGACION VS. EXPROMISION:
(3) Claims for support due to gratuitous title KINDS OF
(4) Obligations arising from criminal offenses SUBSTITUTION
DELEGACION EXPROMISION
(PERSONAL
(5) Certain obligations in favor of the NOVATION)
government, such as taxes, fees, duties, CREDITOR’S
and others of a similar nature NCC1287,1288 CONSENT
Yes Yes
(indispensable
250. A valid consignation (the deposit of the requirement)
ORIGINAL
object of the obligation in a competent court in DEBTOR’S Yes No
accordance with the rules prescribed by law, CONSENT
after refusal or inability of the creditor to NEW DEBTOR’S
Yes Yes
accept the tender of payment) requires TWO CONSENT
NOTICES to the creditor: (1) before making Right to Right to
reimbursement BENEFICIAL
the consignation, and (2) after consignation EFFECT OF
(how much was reimbursement
was made.NCC1257,1258 PAYMENT BY
paid by the new (how much was
NEW DEBTOR
debtor) and beneficial to the
251. WHEN IS PAYMENT TO subrogation original debtor)
No revival,
INCAPACITATED PERSONS CONSIDERED
REVIVAL OF UNLESS the
VALID? Payment to incapacitated persons is ORIGINAL insolvency was
considered valid: OBLIGATION IN already existing
No revival
(a) if he/she has kept the amount or thing paid CASE OF NEW and of public
or delivered, or DEBTOR’S knowledge or
INSOLVENCY known to the
(b) insofar as the payment has been beneficial debtor
to him/her.
In order to be considered BENEFICIAL to 256. WHAT IS THE DOCTRINE OF
him/her, the thing delivered or money paid CONSTRUCTIVE COMPLIANCE (OR
must be applied or spent for some rational, FULFILLMENT)? Under said doctrine, the
necessary, or useful purpose for the condition shall be deemed fulfilled when the
incapacitated person’s benefit. Hence, if the obligor (or debtor) voluntarily prevents its
incapacitated used the money to bet in lotto, it fulfillment. NCC1186 To apply, two requisites must
is not a valid payment, and the debtor may still be present:
be demanded to pay once again. Betting in (a) the intent of the debtor to prevent
lotto is not considered a rational, necessary, or
fulfillment of the condition; and
useful act that benefits a person even if he/she
(b) actual prevention of compliance (or
wins the lotto.
fulfillment).
252. HOW DO WE DETERMINE WHETHER OR MERE INTENTION OF THE DEBTOR TO
NOT THERE IS NOVATION? There is PREVENT the happening of the condition, or
incompatibility when the two obligations to place ineffective obstacles to its
cannot stand together, each one having its compliance, without actually preventing the
independent existence. If the two obligations fulfillment, is insufficient.
cannot stand together, the latter obligation
novates the first. Changes that breed 257. ACQUITTAL of the defendant in a criminal
incompatibility must be essential in nature and case does not extinguish his/her liability for
not merely accidental. The incompatibility quasi-delict under Article 2176 of the New Civil
must affect any of the essential elements of the Code, unless (1)
obligation, such as its object, cause, or the acquittal is
principal conditions thereof; otherwise, the based on the
change is merely modificatory in nature and ground that he
insufficient to extinguish the original obligation. did not commit
the offense
253. If there is EXTENSION OF PERIOD of charged, or (2)
payment, there is no novation because the the fact from
debtor remains liable to pay as originally which the civil
agreed upon, “inextend lang.” liability may arise
did not exist.
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258. If the acquittal is based on the ground that
the guilt has not been proved beyond
reasonable doubt, there may still be an action
to recover damages based on QUASI-
DELICT.
CONTRACTS
259. CHARACTERISTICS OF CONTRACTS:
(a) Obligatoriness: force of lawNCC1159
(b) Autonomy: free to stipulateNCC1306
(c) Mutuality: essential equality; in equal
footingNCC1308
(d) Relativity: binding upon contracting
partiesNCC1311
260. There is meeting of the minds if the offer
upon the thing and the cause of the contract
has been CERTAINLY AND ABSOLUTELY
ACCEPTED by the offeree.NCC1319
261. IS FORM A REQUISITE FOR VALIDITY
OF CONTRACTS? As a general rule, no form
is required in order to make the contract
binding and effective between the parties
thereto, except those which are required to be
in some form in order that they may be valid;
and those which are required to be in some
form in order that they may be enforceable or
in order that they may be proved in a certain
way.NCC1356
262. If the LAW REQUIRES an act or contract
to be in a document or other special form, the
contracting parties may compel each other to
observe that form once the contract has been
perfected. This right may be exercised
simultaneously with the action upon the
contract.NCC1357
263. CONTRACTS OF ADHESION: where one
party imposes a ready-made form of contract
which the other party may accept or reject but
cannot modify; one party prepares the
stipulation in the contract, while the other party
merely affixes his signature or his “adhesion”
thereto, giving no room for negotiation and
depriving the latter of the opportunity to
bargain on equal footing; generally valid;
construed strictly against the one who
drafted the same.
264. WHO ARE THE PERSONS
INCAPACITATED TO GIVE CONSENT?
(a) Minors
(b) Insane or demented persons, unless the
contract was entered into during a lucid
interval
(c) Deaf-mutes who do not know how to write
(d) In a state of drunkenness or under a
hypnotic spellNCC1327; NCC1328
“You didn’t reach this far just to make it this far.” - NBV
265. A qualified acceptance constitutes a
COUNTER-OFFER.NCC1319
266. Acceptance made by letter or telegram
does not bind the offeror except from the time
it CAME TO HIS KNOWLEDGE.NCC1319
267. A contract entered into by an
incapacitated person is merely VOIDABLE in
accordance with Article 1390 of the NCC,
while one entered into by one prohibited to do
such is VOID in accordance with Articles 5 and
1409(7) of the same Code.
268. An action for rescission under Article
1383 of the NCC is a SUBSIDIARY remedy or
a remedy of last resort.
269. A contract entered into by contracting
parties who are BOTH INCAPACITATED to
enter into contracts is unenforceable.NCC1403
270. GENERAL RULE: If the contract is
unauthorized, or entered into by one on behalf
of another without authorization, the contract
is unenforceable. EXCEPTION: If the
unauthorized contract relates to the sale of a
parcel of land, in which case, the contract is
void pursuant to Article 1874 of the NCC.
271. GENERAL RULE: A void or inexistent
contract does not produce legal effects.
CONSEQUENCE: If the void contract is
already performed, generally the law allows
recovery of what was delivered by reason of a
void contract. EXCEPTION: when recovery is
not allowed:
(a) In illegal contracts (contracts whose
object, cause or purpose is contrary to law,
morals, good customs, public order, or
public policy) and both parties are equally
at fault, or in pari delicto, the court cannot
come to the aid of any of the parties and
will simply leave them where they are.
Hence, no recovery is allowed under the
principle of in pari delicto.
(b) When the one recovering is guilty of
laches, or he/she slumbered on his right
for an unreasonable length of time.
272. The principle of IN PARI DELICTO (the law
leaves where the parties are) only applies in
void contracts, but not in inexistent
contracts.NCC1411
273. The Statute of Frauds applies only to
EXECUTORY contracts; hence, it won’t apply
in contracts where there is partial performance
already.NCC1405
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274. There are only three transactions involving 281. CONTRACT OF SALE VS. CONTRACT
real property covered by the STATUTE OF TO SELL
FRAUDS: ATTRIBUTES
CONTRACT OF CONTRACT TO
(a) sale of real property; SALE SELL
Payment in full of
(b) lease of real property for a period longer PAYMENT
Non-payment of
the price is a
than one year; and the price is a
OF THE positive
resolutory
(c) express trust over an immovable PRICE suspensive
condition
property.NCC1403; NCC1443 condition
Ownership is
retained by the
275. A REAL ESTATE MORTGAGE contract is Title over the
seller, regardless
not covered by the Statute of Frauds. TRANSFER property passes to
of delivery and is
OF TITLE the buyer upon
not to pass until
delivery
276. WHAT ARE THE REQUISITES OF full payment of the
price
TORTIOUS INTERFERENCE OF
Since the seller
CONTRACTS? After delivery has
retains ownership,
(a) Existence of a valid contract been made, the
EFFECT OF despite delivery,
seller has lost
(b) Knowledge on the part of the third person DELIVERY
ownership and
he is enforcing and
of the existence of the contract TO not rescinding the
cannot recover it
SELLER’S contract if he
(c) Interference of the third person without REMEDY
unless the contract
seeks to oust the
legal justificationNCC1314 is resolved or
buyer for failure to
rescinded
pay
277. IS ACTUAL KNOWLEDGE OF
CONTRACT ESSENTIAL IN TORTIOUS 282. An oral contract of sale of land, though
INTERFERENCE OF CONTRACTS? unenforceable, is VALID as long as all
Knowledge of the subsistence of the contract essential requisites are present.NCC1458
is an essential element to state a cause of
action for tortuous interference. A defendant in 283. The MANNER OF PAYMENT of the
such a case cannot be made liable for purchase price is an essential element before
interfering with a contract he/she is unaware a valid and binding contract of sale can exist
of. While it is not necessary to prove actual since the agreement on the manner of
knowledge, he/she must nonetheless be payment goes into the price such that a
aware of the facts which, if followed by a disagreement on the manner of payment is
reasonable inquiry, will lead to a complete tantamount to a failure to agree on the
disclosure of the contractual relations and price.SWEDISH MATCH AB VS. CA
rights of the parties in the contract.LAGON VS. CA
284. WHAT IS THE EFFECT OF FAILURE TO
278. WHAT ARE THE REQUISITES FOR DETERMINE THE PRICE IN A CONTRACT
SOLUTIO INDEBITI? OF SALE?
(a) Receipt of something (a) Where the contract is EXECUTORY: The
(b) There was no right to demand it. contract is INEFFICACIOUS.
(c) The undue delivery was because of (b) Where the thing has been DELIVERED to
mistake. and APPROPRIATED by the buyer: The
buyer must pay a REASONABLE PRICE
279. GIVE EXAMPLES OF SOLUTIO INDEBITI. therefor.
(a) Erroneous payment of interest not due.
(b) Erroneous payment of rental not called for 285. If the parties to a contract of sale are
in view of the expiration of the lease husband and wife who are LEGALLY
contract. SEPARATED, the contract is valid since those
(c) Taxes erroneously given. who are legally separated had a judicial
separation of properties.NCC1490
SALES
286. IS FORM AN ESSENTIAL REQUISITE IN
280. Sale is perfected by consent, but ORDER FOR A SALE TO BE VALID? Sale is a
OWNERSHIP is transferred only upon consensual contract. No form is required for its
delivery, whether actual or constructive, validity. It can be in writing, by word of mouth,
unless there is reservation of ownership or partly in writing and partly by word of mouth,
when the law provides for when the ownership or it can be inferred from the conduct of the
is transferred.NCC1458 parties.NCC1483 Exceptions: The following must
be in writing to be enforceable:NCC1357; NCC1403
(a) Sale of personal property at a price not
less than P500.00
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
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(b) Sale of real property or an interest therein 293. WHAT IS AN EQUITABLE MORTGAGE?
(c) Sale of property not to be performed within WHEN IS IT PRESUMED? An equitable
a year from the date thereof mortgage is one which lacks the proper
(d) When an applicable statute requires that formalities, form of words, or other requisites
the contract of sale be in a certain form prescribed by law for a mortgage, but shows
the intention of the parties to make the
287. WHAT IS THE CONSEQUENCE OF property, subject of the contract, as a security
ENTERING INTO A CONTRACT OF SALE IN for a debt and contains nothing impossible or
VIOLATION OF SOMEONE’S RIGHT OF contrary to law. It is presumed:
FIRST REFUSAL? A contract of sale entered (a) When the price of a sale with right to
into in violation of a right of first refusal of repurchase is unusually inadequate;
another person, while valid, is rescissible.TANAY (b) When the vendor remains in possession
RECREATION VS. FAUSTO
On the other hand, if the third as lessee or otherwise;
person acted in good faith (or without (c) When upon or after the expiration of the
knowledge of the grantee’s right of first refusal, right to repurchase, another instrument
the contract cannot be rescinded. Instead, the extending the period of redemption or
remedy of the grantee is simply recovery of granting a new period is executed;
damages against the grantor. (d) When the purchaser retains for himself a
part of the purchase price;
288. There is no double sale if there are TWO (e) When the vendor binds himself to pay the
SELLERS.NCC1544 taxes on the thing sold;
(f) In any other case where it may be fairly
289. RULES OF PREFERENCE IN DOUBLE inferred that the real intention of the
SALE OF REAL PROPERTYNCC1544: parties is that the transaction shall secure
(a) Registrant in good faith the payment of a debt or the performance
(b) Possessor in good faith of any other obligation.NCC1602
(c) Person with oldest title in good faith
294. The right of redemption of co-owners
290. WHAT ARE THE ALTERNATIVE AND EXCLUDES that of adjoining owners.NCC1623
EXCLUSIVE REMEDIES UNDER RECTO
LAW? 295. If those interested to redeem are co-
(a) Specific performance upon buyer’s owners and adjoining owners, co-owners
failure to pay shall be PREFERRED.
(b) Rescission
of the sale if LEASE
buyer shall
have failed to 296. A lease requires no registration, unless
pay 2 or more needed to make it EFFECTIVE REGARDING
installments THIRD PERSONS.NCC1648
(c) Foreclosure
of the chattel 297. A lease of things during the lifetime of one
mortgage on of the parties is VALID, which is considered
the thing sold if buyer shall have failed to one for life, ending upon the death of the
pay 2 or more installments. In this case, party who could have terminated the
there shall be no deficiency contract.
judgmentNCC1484
298. A lease agreement though NOT HAVING
291. MACEDA LAW DOES NOT APPLY in: A FIXED PERIOD, but rentals are paid
(a) Sale of industrial or commercial lands monthly, is deemed to be from month to
(b) Sale of urban land covered by Urban Land month, thereby considered to be for a definite
Reform Law and agricultural land under period, nonetheless.
the Agrarian Reform Law
(c) Sale of lands payable in straight terms 299. If the stranger knows of the existence of
the lease, but has been LED TO BELIEVE
292. The defaulting buyer is NOT ENTITLED to THAT THE LEASE WOULD EXPIRE VERY
receive any cash surrender value under SOON, or before the new lease in favor of him
Maceda Law if he or she paid less than 2 or her begins (when in fact this was not true),
years’ worth of installment payments. the stranger can still be considered
innocent; hence, he or she is allowed to
terminate the lease.

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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
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300. IS THE LESSEE LIABLE IF THE THING
LEASED WAS DESTROYED DUE TO FIRE?
The lessee is responsible for the deterioration
or loss of the thing leased, except when the
destruction is due to earthquake, flood, storm
or other natural calamity. Fire is not a natural
calamity; however, if the lessee can prove that
he or she had no fault respecting the fire and
that it was impossible for him or her to stop its
spread, he or she will not be liable.NCC1667
301. In case of BREACH OF THE CONTRACT,
or when the lessor or lessee does not comply
with his or her obligations under Articles 1654
and 1657 of the Civil Code, the other party may
ask for:
(a) the rescission of the contract and
indemnification for damages, or
(b) only indemnification for damages,
allowing the contract to remain in
force.NCC1659
302. The lessee MAY SUBLET the thing leased,
in whole or in part, unless expressly prohibited
in the contract of lease.NCC1650
303. The lessee cannot assign the lease
contract without the consent of the lessor,
unless there is a stipulation to the
contrary.NC1649
304. WHEN IS AN IMPLIED NEW LEASE
CREATED? An implied new lease (tacita
reconduccion) is created pursuant to Article
1670 of the New Civil Code when it is shown
that:
(a) the term of the original contract of lease
has expired;
(b) the lessor has not given the lessee a notice
to vacate; and
(c) the lessee continued enjoying the thing
leased for 15 days with the acquiescence
of the lessor.
305. IS THE LESSEE ENTITLED TO
REIMBURSEMENT FOR IMPROVEMENTS
HE OR SHE INTRODUCED? Generally, lessee
is not entitled to reimbursement. However, for
useful improvements made in good faith, the
lessee may be reimbursed for 50% of the value
if the lessor chooses to retain them. For
ornamental improvements, the lessee may be
reimbursed for 100% of the value if the lessor
chooses to retain them.NCC1678
PARTNERSHIP
306. A partnership BEGINS from the moment
of the execution of the contract, unless it is
otherwise stipulated.NC1784
“You didn’t reach this far just to make it this far.” - NBV
307. The partnership has a JURIDICAL
PERSONALITY separate and distinct from that
of each of the partners, even in case of failure
to register with the SEC.NCC1768
308. An INDUSTRIAL PARTNER is not liable
for partnership losses.NCC1797
309. A stipulation excluding a capitalist
partner from sharing in partnership losses is
VOID.NCC1799
310. A stipulation excluding an industrial
partner from sharing in partnership losses is
VALID.NCC1797
311. A stipulation excluding any partner from
sharing in partnership profits is VOID.NCC1799
312. An INDUSTRIAL PARTNER cannot
engage in business for himself or herself,
unless expressly permitted.NCC1789
313. Only CAPITALIST PARTNERS are obliged
to contribute additional capital to save the
venture.NCC1791
314. The individual property of a deceased
partner shall be LIABLE FOR ALL
OBLIGATIONS OF THE PARTNERSHIP
incurred while he was a partner, but subject to
the prior payment of his separate debts.NCC1835
315. When a partnership is dissolved and the
remaining partners CONTINUE THE
BUSINESS of the partnership without
liquidating the partnership affairs, the creditors
of the dissolved partnership are also creditors
of the partners or partnership continuing
the business.NCC1840
316. Limited partners are NOT BOUND by the
obligations of the partnership.NCC1843
317. A limited partner whose surname
appears in a partnership name in violation of
Article 1846 of the Civil Code is LIABLE AS A
GENERAL PARTNER to partnership creditors
who extend credit to the partnership without
actual knowledge that he is not a general
partner.
318. Limited partner cannot receive or hold as
collateral any partnership property.
Otherwise, it will be considered as FRAUD ON
PARTNERSHIP CREDITORS.NCC1854
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AGENCY 327. WHEN IS AN AGENT PERSONALLY

LIABLE? Agent is not personally liable
319. CAN A MINOR BE AN AGENT? Yes. UNLESS:
Insofar as third persons are concerned, it is (a) he or she expressly binds himself or
enough that the principal is the one herself, or
capacitated, for generally an agent assumes (b) he or she exceeds the limits of his or her
no personal liability. As between the minor- authority without giving sufficient
agent and principal, the minor can invoke his
notice. NCC1897
incapacity, unless he/she is in estoppel.

320. If a person states by public 328. WHEN IS AN AGENCY NOT REVOCABLE

advertisement that he or she has given a AT THE INSTANCE OF THE PRINCIPAL?
power of attorney to a third person, the latter (a) When it is coupled with an interest
thereby becomes a duly authorized agent, with (b) If a bilateral contract depends upon the
regard to ANY PERSON. The power shall agency
continue to be in full force until the notice is (c) If the agency is the means of fulfilling an
rescinded in the same manner in which it was obligation already contracted
given.NCC1873 (d) In case of a partner appointed as manager
in the contract of partnership and his or her
321. AGENCY BY ESTOPPEL VS. IMPLIED removal from the management is
AGENCY unjustifiable
AGENCY BY
ATTRIBUTES
ESTOPPEL
IMPLIED AGENCY (e) When there has been a waiver by the
AS principal
The agent is a true
BETWEEN (f) When the principal is obliged not to
The agent is not a agent with rights
THE
PRINCIPAL
true agent. and duties of an revoke (If he or she does so, he or she will
agent. be liable for damages)
AND AGENT
If estoppel is (g) When revocation is done in bad faith
caused by the
principal, he or
she is liable, but The principal is 329. The agent, even if he or she should
only if the third always liable. withdraw from the agency for a valid reason,
person acted on
MUST CONTINUE TO ACT until principal has
AS TO THIRD the
PARTIES misrepresentation. had reasonable opportunity to take the
If estoppel is necessary steps to meet the situation.NCC1929
caused by the
agent, it is only the The agent is never
agent who is liable; personally liable. 330. Agent’s acts are VALID with respect to
never the alleged third persons who have contracted with the
principal. agent in good faith (not knowing that the
principal has died).NCC1931
322. To do ACTS OF STRICT DOMINION,
special powers of attorney are needed.NCC1878 CREDIT TRANSACTIONS

323. A special power to sell EXCLUDES the 331. In contracts of simple loan or MUTUUM,
power to mortgage; and a special power to there is transfer of ownership over the thing
mortgage does not include the power to loaned, while in COMMODATUM, there is
sell.NCC1879 none.NCC1933

332. WHAT IS THE NATURE OF DEPOSITS

324. A special power to compromise DOES
OF MONEY IN BANKS? Deposits of money in
NOT AUTHORIZE submission to
banks are really loans to a bank because the
arbitration.NCC1880 bank can use the same for its ordinary
transactions and for the banking business in
325. When a piece of land is sold through an which it is engaged. Bank deposits are in the
agent whose authority is not in writing, the nature of irregular deposits; they are really
sale shall be VOID.NCC1874 loans because they earn interest. Under
Article 1980 of the NCC, they are governed by
326. A contract entered into in excess of the the provisions concerning simple loans.BPI VS. CA
scope of the agent’s authority with the other
contracting party’s knowledge of such limits 333. DEATH of either party extinguishes the
and not ratified by the principal is VOID.NCC1898 contract of commodatum.NCC1939
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334. The BORROWER in a commodatum unconscionable, or shocking to the judicial

cannot lend or lease the thing loaned to a sensibilities of the court.
third person, but the members of his/her
household may use it.NCC1939 341. The depositary CANNOT USE the thing
deposited except:
335. No INTEREST shall be due unless it has (a) With the express permission of the
been expressly stipulated in writing.NCC1956 depositor; or
(b) When the preservation of the thing
336. WHEN DOES ACCRUED INTEREST deposited requires its use.NCC1977
EARN INTEREST?
(a) If there is agreement to this effectNCC1959, or 342. WHAT ARE THE OBLIGATIONS OF
(b) If there is judicial demandNCC2212 HOTEL-KEEPERS AS DEPOSITARIES IN A
NECESSARY DEPOSIT?
337. WHEN IS INTEREST RECOVERABLE (a) Responsible for things brought by guests
DESPITE ABSENCE OF STIPULATION? (subject to notice and precaution) NCC1998
(a) If the obligation consists in the payment of (b) Liable for vehicles, animals, and articles
a sum of money, and the debtor incurs in placed in annexes NCC1999
delayNCC2209 (c) Liable for theft or robbery of things,
(b) Allowed upon damages awarded for unless done with use of arms or through
breach of contractNCC2210 an irresistible forceNCC2001
(c) In crimes and quasi-delicts, in the
discretion of the courtNCC2211 343. A waiver exempting hotel-keepers from
(d) Legal interest from the time it is judicially liability for articles brough by guests by posting
demandedNC2212 notice is VOID.NCC2003
338. With regard to an award of INTEREST IN 344. Hotel-keepers may RETAIN the things
THE CONCEPT OF DAMAGES, the rate of brought into the hotel as a security for unpaid
interest, as well as the accrual thereof is hotel bills.NCC2004
imposed as follows:
(a) When the obligation breached consists of
345. The liability of an accommodation
payment of a sum of money, in the
mortgagor extends only up to the LOAN
absence of an agreement, the rate shall be
VALUE OF THE MORTGAGED PROPERTY
the legal rate (6%) computed from delay.
(not to the entire loan itself) at the time of
(b) In other cases, the rate of interest shall be
constitution of the mortgage.SPOUSES BELO VS. PNB
6% per annum.
(c) When the judgment of the court awarding
346. While a real
a sum of money becomes final and
estate mortgage is
executory, the rate of legal interest, shall
not valid if not
be 6% per annum from finality until its
registered with the
satisfaction, this interim period being
Register of Property,
deemed to be by then an equivalent to a
it remains BINDING
forbearance of credit.NACAR VS. GALLERY FRAMES
BETWEEN THE
PARTIES who have
339. USURIOUS INTEREST VS.
the right to demand
UNCONSCIONABLE INTEREST
the execution and
USURIOUS UNCONSCIO-
ATTRIBUTES recording of the document.NCC2125
INTEREST NABLE INTEREST
one which either
one which is
enslaves 347. The mortgage follows the property.
greater than the
DEFINITION borrowers or leads
rate allowed by Whoever is in possession, the property
to a hemorrhaging
law
of their assets CONTINUES TO SECURE the obligation for
the stipulation as whose security it was constituted.NCC2126
to payment of
EFFECT ON such stipulation is
interest remains 348. Even while in possession of a third
STIPULATED void, as if there is
and only the rate is
INTEREST no stipulation at all
considered person, a creditor may demand payment from
invalidated said third person of the PART OF THE CREDIT
SECURED by the mortgaged property.NCC2129
340. While there is no ceiling imposed on
agreed interest rates as required under the 349. Rules on third persons related to real
Usury Law, courts may REDUCE said rates if estate mortgage apply if such mortgage is
the rates are iniquitous, unreasonable, RECORDED in accordance with law.NCC2125
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350. A stipulation forbidding the owner from TORTS

alienating the immovable mortgaged shall be
VOID.NCC2130 362. TORT consists in the violation of a right
given or the omission of a duty imposed by
351. A GUARANTOR insures the solvency of law.NAGUIAT VS. NLRC
the debtor, while a SURETY insures the
performance of the obligation. 363. WHAT ARE THE ELEMENTS OF AN
ACTIONABLE CONDUCT? The elements of
352. The guarantor cannot be compelled to an actionable conduct are:
pay the creditor unless the latter has (a) duty,
exhausted all the property of the debtor, and (b) breach,
has resorted to all the legal remedies against (c) injury, and
the debtor.NCC2058 (d) proximate causation.GARCIA VS. SALVADOR

353. A COMPROMISE between the creditor 364. DEFINE INJURY, DAMAGE, AND
and the principal debtor benefits the DAMAGES.
guarantor but does not prejudice him.NCC2063 (a) Injury: the illegal invasion of a legal right
(b) Damage: the loss, hurt, or harm which
354. A COMPROMISE between the guarantor results from the injury
and the creditor benefits but does not (c) Damages: the recompense or
prejudice the principal debtor.NCC2063 compensation awarded for the damage
sufferedSPOUSES CUSTODIO VS. CA
355. If the guarantor has paid WITHOUT
NOTIFYING THE DEBTOR, and the debtor not 365. The elements of ABUSE OF RIGHT are:
being aware of the payment, repeats the (a) existence of a legal right or duty,
payment, the guarantor’s remedy is only (b) exercise in bad faith, and
against the creditor.NCC2070 (c) sole intent of prejudicing or injuring
another.NCC19
356. An EXTENSION granted to the debtor by
the creditor without the consent of the 366. Any person who willfully (if negligent only,
guarantor extinguishes the guaranty.NCC2078 not applicable) causes loss or injury to another
in a manner that is CONTRARY TO MORALS,
good customs or public policy shall
357. The MERE FAILURE on the part of the
compensate the latter for the damage. NCC21
creditor to demand payment after the debt has
become due does not of itself constitute any
367. BREACH OF PROMISE TO MARRY per se
extension of time. NCC2078
is not an actionable wrong, unless:
(a) there is fraud or deceit,
358. The guarantor may set up against the
(b) expenses are already incurred, or
creditor all the defenses which pertain to the
(c) when the woman was forcibly abducted
principal debtor and are INHERENT IN THE
and raped.NCC21
DEBT; but not those that are purely personal
to the debtor. NCC2081
368. WHAT ARE THE REQUISITES OF
ACCION IN REM VERSO?
359. The contract of antichresis is VOID if the (a) The defendant has been enriched.
amount of the principal and of the interest is (b) The plaintiff has suffered a loss.
not specified in writing.NCC2134 (c) The enrichment of the defendant is without
just or legal ground.
360. The debtor cannot reacquire the (d) The plaintiff has no other action based on
enjoyment of the immovable without first contract, quasi-contract, crime, or quasi-
having TOTALLY PAID what he owes the delict.
creditor. NCC2136
369. WHAT ARE THE ELEMENTS OF QUASI-
361. The creditor does not acquire the DELICT?
ownership of the real estate for NON- (a) Act or omission
PAYMENT of the debt within the period (b) Constituting fault or negligence
agreed upon. NCC2137 (c) Damage or injury caused by the said act
or omission
(d) Causal relation between the damage and
the act or omission

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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
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(e) There is no pre-existing contractual 376. The defense of exercise of diligence of a

relation between the partiesNCC2176 good father of a family in the selection and
supervision of employees is not a proper and
370. An action upon quasi-delict must be complete defense under CULPA
instituted within FOUR YEARS.NCC1146 CONTRACTUAL, but in CULPA
ACQUILIANA, it is a proper and complete
371. DOES ARTICLE 2176 ENCOMPASS ALL defense in so far as employers are
ACTIONABLE WRONGS? concerned.NCC2180
LEGAL
APPLICATION
PROVISIONS
377. While the proof of negligence required
Principle of abuse of rights; does not
Article 19
provide a remedy for its violation under culpa contractual and culpa
Applies to both willful and negligent acts; acquiliana is PREPONDERANCE OF
Article 20
involves a violation of law EVIDENCE, under culpa criminal, what is
Article 21 Applies only to willful acts required is PROOF BEYOND REASONABLE
Applies to both willful and negligent acts; DOUBT.
does not involve a breach of an existing
Article 2176
law or a pre-existing contractual
obligation 378. WHEN IS THE EMPLOYER WHO IS ALSO
THE REGISTERED-OWNER OF THE
372. PROXIMATE CAUSE is that which, in VEHICLE WHICH CAUSED THE DAMAGE
natural and continuous sequence, unbroken OR INJURY HELD LIABLE?
by an efficient intervening cause, produces (a) The plaintiff must first establish that the
injury, and without which, the result would employer is the registered owner of the
not have occurred. vehicle in question.
(b) Once the plaintiff successfully proves
373. EFFICIENT INTERVENING CAUSE is one ownership, there arises a disputable
which destroys the causal connection presumption that the requirements of
between the negligent act and the injury and Article 2180 of the NCC have been proven.
thereby negatives liability. (c) As a consequence, the burden of proof
shifts to the defendant to show that no
374. ARTICLE 2183 of the NCC holds the liability under Article 2180 has arisen.
possessor liable even if the animal should (d) But employer has three available
"escape or be lost" and so be removed from DEFENSES:
his control. And it does not matter either that i. it may prove absence of employer-
the animal was tame and was merely provoked employee relationship;
by the victim into biting him/her. The law does ii. it may prove that the time of incident,
not speak only of vicious animals but covers employee was not acting within the
even tame ones as long as they cause scope of his assigned task; or
injury.VESTIL VS. IAC iii. that it exercised due diligence in
selecting or supervising its employee.
375. WHO ARE THE PERSONS VICARIOUSLY
LIABLE UNDER ARTICLE 2180 OF NCC? 379. There is due diligence of the employer
VICARIOUSLY exercised in the SELECTION OF
FOR DAMAGES CAUSED BY:
LIABLE EMPLOYEES if the employer carefully
children below 21 years old who examined the applicant for employment as to
Parents
live in their company
his/her qualifications, experience, and record
wards below 21 years old or
incapacitated persons who are of service.REYES VS. DOCTOLERO
Guardians
under their authority and live in
their company 380. There is due diligence of the employer
employees in the service of the exercised in the SUPERVISION OF
Owners and
branches in which the latter are
managers of an
employed or on the occasion of
EMPLOYEES if the employer established rules
establishment and regulations, implemented them,
their functions
employees and household monitored its implementation, and subjected
helpers acting within the scope of erring employees to disciplinary actions. REYES
Employers their assigned tasks, even though VS. DOCTOLERO
the former is not engaged in any
business or industry
381. Under the ENROLLMENT CONTRACT,
State special agent schools have the built-in obligation to ensure
Teachers and the safety of the student while they are inside
heads of pupils and students or the school premises. But the school is not the
establishments of apprentices while in their custody insurer of its students against all risks. Thus,
arts and trades
the school may still avoid liability by proving

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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM

that the breach of its contractual obligations is
not due to its negligence.ST. LUKE’S COLLEGE VS. PEREZ
382. GENERAL RULE: Every person obliged to
give something is also obliged to take care of it
with the proper diligence of a good father of a
family. EXCEPTION: when the law or the
stipulation of the parties requires another
standard of care
383. WHEN IS NEGLIGENCE PRESUMED?
(a) Motor vehicle mishaps
(b) Possession of dangerous weapons or
substances
(c) Common carriers
(d) Cases where res ipsa loquitur applies
384. The presumption of negligence in motor
vehicle mishaps shall only apply if the
negligence is the PROXIMATE CAUSE of the
injury or damage suffered.ANONUEVO VS. CA, NCC2185
388. GROSS NEGLIGENCE implies a want or
absence of or failure to exercise slight care or
diligence, or the entire absence of care. It
evinces a thoughtless disregard of
consequences without exerting any effort to
avoid them. It is characterized by want of even
slight care, acting or omitting to act in a
situation where there is a duty to act, not
inadvertently but willfully and intentionally with
a conscious indifference to consequences in
so far as other persons may be affected.ILAO-
ORETA VS. RONQUILLO
389. CAN PARTIES STIPULATE THAT EITHER
PARTY SHALL NOT BE HELD LIABLE IN
CASE OF GROSS NEGLIGENCE? Since
exemplary damages may be granted if the
defendant acted with gross negligence and
exemplary damages may not be renounced in
advance, advanced waiver of actions that may
arise from gross negligence shall be void.NCC223;
NCC,2235

385. DOCTRINE
OF LAST CLEAR 390. Because MEDICAL MALPRACTICE cases
CHANCE: The are often highly technical, expert testimony is
negligence of the usually essential to establish:
plaintiff does not (a) the standard of care that the defendant
preclude a recovery was bound to observe under the
for the negligence of circumstances;
the defendant where (b) that the defendant’s conduct fell below
it appears that the the acceptable standard; and
defendant, by (c) that the defendant’s failure to observe the
exercising reasonable care and prudence, industry standard caused injury to his
might have avoided injurious patient. BORROMEO VS. FAMILY CARE HOSPITAL
consequences to the plaintiff notwithstanding
the plaintiff’s negligence. 391. BUT: An expert witness is not necessary as
the res ipsa loquitur doctrine is applicable.ROSIT
VS. DAVAO DOCTORS HOSPITAL
386. The person who has the last fair chance
to avoid the impending harm and fails to do
so is CHARGEABLE with the consequences, 392. RES IPSA LOQUITUR: “the thing speaks
without reference to the prior negligence of the for itself” ; where the thing which causes injury
other party.PICART VS. SMITH is shown to be under the management of the
defendant, and the accident is such as in the
387. The ELEMENTS of the doctrine of last ordinary course of things does not happen if
clear chance are: those who have the management use proper
(a) plaintiff was in a position of danger and, care, it affords reasonable evidence, in the
by his own negligence, became unable to absence of an explanation by the defendant,
that the accident arose from want of care.
escape from such position by the use of
ordinary care;
393. REQUISITES OF RES IPSA LOQUITUR:
(b) defendant knew that the plaintiff was in a (a) The occurrence of an injury
position of danger or in the exercise of (b) The thing which caused the injury was
ordinary care should have known such; under the control and management of
(c) defendant had the last clear chance to the defendant
avoid the accident by the exercise of (c) The occurrence was such that in the
ordinary care but failed to exercise such ordinary course of things, would not have
last clear chance; and happened if those who had control or
(d) the accident occurred as a proximate management used proper care, and
result of such failure. (d) The absence of explanation by the
defendant

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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM
394. DEFENSES AVAILABLE TO A 401.
DEFENDANT IN CASE INVOLVING
NEGLIGENCE:
(a) Plaintiff’s negligence
(b) Due diligence
(c) Contributory negligence
(d) Fortuitous event
(e) Damnum absque injuria
(f) Authority of law
(g) Assumption of risk
(h) Doctrine of last clear chance
(i) Prescription
(j) Involuntariness
(k) Waiver
(l) Proscription against double recovery
395. DEATH is not a defense, and case will
continue through the legal representative.
396. DOCTRINE OF RELATIONS (OR
RELATIONS BACK DOCTRINE): The doctrine
should be applied where the injury was
discovered long after the accident. The
offended party should not be prejudiced in
such case and the prescriptive period
should commence to run only upon
discovery of the injury. (Example: HIV
contamination from blood transfusion)
397. DOCTRINE OF ATTRACTIVE
NUISANCE: One who maintains on his
premises dangerous instrumentalities or
appliances of a character likely to attract
children at play, and who fails to exercise
ordinary care to prevent children from playing
therewith or resorting thereto, is liable to a
child of tender years who is injured thereby,
even if the child is technically a trespasser in
the premises.HIDALGO ENTERPRISES VS. BALANDAN
DAMAGES
398. To recover ACTUAL DAMAGES, it must
be pleaded, prayed for, and proven.
399. LOSS OF EARNING CAPACITY
computed as:
𝟐 (d) In
𝒙 (𝟖𝟎 − 𝒂𝒈𝒆 𝒐𝒇 𝒕𝒉𝒆 𝒅𝒆𝒄𝒆𝒂𝒔𝒆𝒅) 𝒙 (𝑮𝑨𝑬 − 𝑵𝑳𝑬)
𝟑 prosecution against the plaintiff;
where GAE means gross annual earnings and
NLE means necessary living expenses which
is presumed to be 50% of GAE in the absence
of actual proof.PEOPLE VS. WAHIMAN
400. Loss of earning capacity may be
AWARDED to the heirs of a deceased non-
working victim simply because earning
capacity, not necessarily actual earning, may
be lost.ABROGAR V. COSMOS BOTTLING COMPANY
“You didn’t reach this far just to make it this far.” - NBV
As a rule, documentary evidence should
be presented to SUBSTANTIATE THE CLAIM
FOR LOSS OF EARNING CAPACITY. By way
of exception, damages for loss of earning
capacity may be awarded despite the absence
of documentary evidence when:
(a) the deceased is self-employed and earning
less than the minimum wage under current
labor laws, in which case, judicial notice
may be taken of the fact that in the
deceased's line of work, no documentary
evidence is available; or
(b) the deceased is employed as a daily wage
worker earning less than the minimum
wage under current labor laws.TAN VS. OMC
CARRIERS
402. Damages for loss of earning capacity were
GRANTED to the heirs of a third-year high
school student who had been killed when she
was hit by a passenger bus. Compensation of
this nature is awarded not for loss of earnings
but for loss of capacity to earn money.
Evidence must be presented that the victim, if
not yet employed at the time of death, was
reasonably certain to complete training for a
specific profession.METRO MANILA
TRANSIT CORP. VS. COURT OF APPEALS
403. Damages for loss of earning capacity were
ordered to be paid to the heirs of the 15-year-
old high school student killed by a moving
train. The awarded damages for loss of earning
capacity were computed on the basis of the
MINIMUM WAGE IN EFFECT AT THE TIME
OF HIS DEATH.PEREÑA VS. ZARATE
404. WHEN ARE ATTORNEY’S FEES
RECOVERABLE? Attorney's fees and
expenses of litigation, other than judicial costs,
can be recovered:
(a) When stipulated;
(b) When exemplary damages are awarded;
(c) When the defendant's act or omission has
compelled the plaintiff to litigate with
is third persons or to incur expenses to
protect his interest;
criminal cases of malicious
(e) In case of a clearly unfounded civil
action or proceeding against the plaintiff;
(f) Where the defendant acted in gross and
evident bad faith in refusing to satisfy the
plaintiff's plainly valid, just, and
demandable claim;
(g) In actions for legal support;
(h) In actions for the recovery of wages of
household helpers, laborers, and skilled
workers;
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
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(i) In actions for indemnity under
workmen's compensation and
employer's liability laws;
(j) In a separate civil action to recover civil
liability arising from a crime;
(k) When at least double judicial costs are
awarded;
(l) In any other case where the court deems it
just and equitable that attorney's fees and
expenses of litigation should be
recovered.NCC2208
405. WHAT ARE THE REQUISITES TO
RECOVER MORAL DAMAGES?
(a) there is an injury whether physical, mental,
or psychological clearly sustained by the
claimant;
(b) there is a culpable act or omission factually
established;
(c) the wrongful act or omission of the
defendant is the proximate cause of the
injury sustained by the claimant; and
(d) the award of damages is predicated on any
of the cases stated in Article 2219 of the
NCC.MANILA ELECTRIC VS. SPOUSES CHUA
406. Persons exercising SUBSTITUTE
PARENTAL AUTHORITY are to be
considered ascendants for the purpose of
awarding moral damages. Persons
exercising substitute parental authority are
intended to stand in place of a child's parents
in order to ensure the well-being and welfare
of a child.CARAVAN TRAVEL AND TOURS VS. ABEJAR
407. SURVIVING BROTHERS AND SISTERS
are not entitled to recover moral
damages.NCC2219
408. WHEN IS A CORPORATION ENTITLED
TO MORAL DAMAGES? As a general rule laid
down in ABS-CBN vs. CA, a corporation
cannot be entitled to moral damages since
physical or mental suffering may only be
experienced by one who has a nervous
system, which a corporation being an artificial
being has none. However, the said rule admits
exceptions as already laid down in Filipinas
Broadcasting vs. AMEC and San Fernando vs.
Cargill. In the former, a corporation may
recover damages if the case involves
defamation covered under Article 2219(7) of
the NCC; while in the latter, if the actuations of
the defendant debased or besmirched the
corporation's good reputation or a contractual
breach is attended by fraud or bad faith as
provided under Article 2220 of the same Code,
moral damages may be awarded to the
corporation.
“You didn’t reach this far just to make it this far.” - NBV
409. WHEN ARE NOMINAL DAMAGES
AWARDED? Nominal damages are awarded
where a legal right is technically violated and
must be vindicated against an invasion that has
produced no actual present loss of any kind, or
where from the nature of the case, there has
been some injury arising from the breach of
contract or legal duty the amount thereof has
not been or cannot be shown.NCC2221
410. WHAT ARE THE REQUISITES TO
RECOVER TEMPERATE DAMAGES?
(a) There is actual damage.
(b) Pecuniary amount of the damage cannot
be proved.
(c) Amount must be reasonable.
411. When NO DOCUMENTARY EVIDENCE of
burial or funeral expenses is presented in
court, the amount of ₱50,000.00 as temperate
damages shall be awarded.PEOPLE VS. JUGUETA
412. To recover LIQUIDATED DAMAGES,
there is no need to prove amount of damages
suffered; only the fact of the breach needs to
be proved.
413. LIQUIDATED DAMAGES shall substitute
the indemnity for damages and the payment of
interests in case of breach, except:
(a) When there is a stipulation to the contrary;
(b) When the obligor is sued for refusal to pay
the agreed penalty; or
(c) When the obligor is guilty of fraud.NCC1226
414. WHAT ARE THE REQUISITES TO
RECOVER EXEMPLARY DAMAGES?
(a) They may be imposed by way of example
in addition to compensatory damages, and
only after the claimant's right to them has
been established;
(b) They cannot be recovered as a matter of
right, their determination depending upon
the amount of compensatory damages that
may be awarded to the claimant;
(c) The act must be accompanied by bad faith
or done in a wanton, fraudulent,
oppressive, or malevolent manner.PNB VS. CA
415. Exemplary damages may be awarded on
account of AGGRAVATING circumstances
that are not alleged in the information but
proved during trial.PEOPLE VS. DIUNSAY-JALANDONI
416. Being corrective in nature, exemplary
damages, therefore, can be AWARDED, not
only in the presence of an aggravating
circumstance, but also where the
circumstances of the case show the highly
reprehensible or outrageous conduct of the
offender.PEOPLE VS. DALISAY
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417. Relative to the civil aspect of the case, an
aggravating circumstance, WHETHER
ORDINARY OR QUALIFYING, should entitle
the offended party to an award of exemplary
damages within the unbridled meaning of
Article 2230 of the NCC.PEOPLE VS. DADULLA
committed. The proportion of individual liability
must be graduated not only according to the
nature of the crime committed and the
circumstances attending it, but also the degree
and nature of participation of the individual
offender.PEOPLE VS. MONTESCARLOS

418. GRADUATION OF DAMAGES 425. RECOVERABLE DAMAGES in case of

SOURCES OF POSSIBLE BASES OR death are:
OBLIGATIONS ADJUSTMENT GROUNDS
(a) civil indemnity,
Aggravating or
Increase or (b) loss of earning capacity,
Crimes mitigating
Reduce (c) actual or temperate damages,
circumstances
Quasi- 1) QD only: (d) moral damages,
Reduce (e) exemplary damages,
delicts Contributory
Contracts Reduce negligence (f) attorney’s fees,
2) Contravention (g) cost of suit, and
of terms (h) legal interest.FORTUNE EXPRESS VS. CA
3) Derivation of
some benefit LAND TITLES AND DEEDS
4) Acting upon
advice of
Quasi- counsel 426. Under the Regalian Doctrine all lands of
Reduce the public domain belong to the State, and All
contracts 5) Loss would
have resulted lands not appearing to be clearly within private
in any event ownership are presumed to belong to the
6) Doing one’s State.FEDERATION OF CORON VS. DENR SECRETARY
best to lessen
the loss or 427. REGISTRATION merely confirms
injury ownership and does not create it. HEIRS OF DORONIO

VS. HEIRS OF DORONIO

419. Damages that cannot co-exist:

(a) NOMINAL with other damages 428. A Torrens title is INCONTROVERTIBLE
(b) ACTUAL and LIQUIDATED, unless against any title existing prior to its issuance
stipulated not annotated on the title.CHING VS. CA

420. Damages that must co-exist: 429. Generally, the REGISTERED OWNER
EXEMPLARY with moral, temperate, RECEIVING A CERTIFICATE OF TITLE in
liquidated, or actual pursuance of a decree of registration, and
every subsequent purchaser of registered land
421. Damages that must stand alone: taking a certificate of title for value and in good
NOMINAL faith, shall hold the same free from all
encumbrances.
422. Damages that must be alleged, pleaded,
and proved: 430. The REGIONAL TRIAL COURT, as land
(a) ACTUAL registration court, has jurisdiction over all
(b) LIQUIDATED applications for original registration of title
(c) MORAL to lands, including improvements and interest
therein, and over
423. Damages that need no specific prayer to all petitions filed
be recoverable: after original
(a) NOMINAL registration of
(b) TEMPERATE title, with power
(c) EXEMPLARY to hear and
determine all
424. HOW DO COURTS DETERMINE THE questions arising
APPORTIONMENT OF CIVIL LIABILITY IN upon such
CRIMINAL CASES? Courts are used to be applications or
given a free hand in determining the petitions.PD1529,S2
apportionment of civil liability. However, the
liability of persons criminally liable for felonies 431. Only an INNOCENT PURCHASER FOR
must be commensurate with the degree of VALUE may invoke the mirror doctrine. DY VS.
participation of the accused in the crime ALDEA

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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM
432. Under the MIRROR DOCTRINE, every
person dealing with registered land may safely
rely on the correctness of the certificate of title
issued therefor and is in no way obliged to go
beyond the certificate to determine the
condition of the property.DY VS. ALDEA
433. An INNOCENT PURCHASER FOR VALUE
is a purchaser in good faith and for value who
buys the property of another without notice
that some other person has a right to or
interest in such property and pays a full and
fair price for the same, at the time of such
purchase, or before he has notice of the claims
or interest of some other person in the
property.HEIRS OF MACALALAD VS. RURAL BANK OF POLA, INC.
434. The ACT OF REGISTRATION of
instrument in the Register of Deeds creates a
constructive notice to all persons from the
time of registering, filing, or entering.PD1529,S52
435. When an ADVERSE CLAIM is registered,
it serves as a notice to third persons that any
transaction regarding the disputed land is
subject to the outcome of the dispute.VALDERAMA
VS. ARGUELLES
436. A notice of lis pendens is intended to
constructively advise or warn all people who
deal with the property that they so deal with at
their own risk, and whatever rights they may
acquire in the property or in any voluntary
transaction are subject to the results of the
action. VALDERAMA VS. ARGUELLES
437. ADVERSE CLAIM VS. NOTICE OF LIS
PENDENS VALDERAMA VS. ARGUELLES:
ADVSERSE NOTICE OF LIS
ATTRIBUTES
CLAIM PENDENS
During a
DURATION OF During pendency pendency of the
PROTECTION of a controversy action or
litigation
CANCELLATION
THROUGH
JUDICIAL
Required Not required
ACTION
438. WHO HAS THE POWER TO CLASSIFY
LAND INTO ALIENABLE AND DISPOSABLE
LAND OF THE PUBLIC DOMAIN?
(a) DENR SecretaryRAC,S1827; PD705,S13
(b) The PresidentCA141,S6
439. The REGISTER OF DEEDS does not
exercise judicial or quasi-judicial power in the
registration of voluntary instruments. Its duty
with respect to the notation or registration of
these instruments, so far at least as related to
unregistered property is ministerial only; and
the registration of such instruments adds
“You didn’t reach this far just to make it this far.” - NBV
nothing to their intrinsic effect.PUA HERMANOS VS.
REGISTER OF DEEDS OF BATANGAS
440. WHAT ARE THE REQUISITES FOR
RECOVERY FROM THE ASSURANCE
FUND?
(a) A person sustains loss or damage, or is
deprived of any estate or interest in land
(b) On account of bringing of land under the
operations of the Torrens system arising
after the original registration
(c) Through fraud, error, omission, mistake,
or misdescription in a certificate of title or
entry or memorandum in the registration
(d) Without negligence on his or her part
(e) He or she is barred or precluded from
bringing an action for the recovery of such
land or estate or interest thereinPD1529,S95
441. It is a condition sine que non that the
person who brings an action for damages
against the Assurance fund be the
REGISTERED OWNER, and as to holders of
transfer certificates of title that they be
INNOCENT PURCHASERS IN GOOD FAITH
AND FOR VALUE.
442. Only the GOVERNMENT can initiate the
filing of a petition for cadastral registration.
443. If it is not the registered owner of the OCT
who files the petition for reconstitution of
duplicate certificate of title, the REGISTERED
OWNER must be notified of the petition, being
an interested party. Otherwise, the trial court
acquires no jurisdiction over the petition.HEIRS OF
SPS. RAMIREZ VS. ABON
444. When the owner’s duplicate certificate of
title has not been lost, but is in fact in the
possession of another person, then the
reconstituted certificate is VOID.DY VS. ALDEA
PRACTICAL EXERCISES
DEMAND LETTERS
445. Introduce yourself first as your client’s
counsel.
446. Be specific as to the matter you are
bringing before the addressee.
447. Be careful with the tone. You can be
assertive without being arrogant or offensive.
448. Establish primarily why your client is
entitled to what you intend to demand.
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
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449. Do not argue your possible defenses yet.
450. Do not threaten legal action right away.
AUTHORIZATION LETTERS
451. State the complete name of the authorized
representative.
452. Be specific as to the authority given, its
extent or limits, and period of validity.
CONTRACTS
453. Whereas clauses only narrate the
circumstances leading to the contract.
454. Itemize the desired terms and conditions in
the main body.
455. To be obligatory, use “shall” or “must”.
456. Provide for possible remedies in case of
breach.
457. Ensure that you have established the
essential elements of a contract: consent,
object, and consideration.
COMPLAINTS
458. Factual allegations: Narrate the relevant
factual circumstances.
459. Arguments:
(a) Start with a position.
(b) Use facts alleged.
(c) Cite legal basis.
(d) Restate your position.
460. Prayer: Assuming that you have made your
point in your arguments, what do you wish the
court would do?
POINTERS FROM CASES PENNED BY THE
BAR CHAIRPERSON
461. The plaintiff claiming for damages under
abuse of rights has the burden to prove the
presence of all requisites.GR207004
462. To warrant a declaration of nullity on the
basis of Article 36 of the Family Code, the
incapacity must be grave or serious such that
the party would be incapable of carrying out
the ordinary duties required in marriage; it
must be rooted in the history of the party
antedating the marriage although the overt
manifestations may emerge only after the
marriage; and it must be incurable or even if it
“You didn’t reach this far just to make it this far.” - NBV
were otherwise, the cure would be beyond the
means of the party involved.GR200182
463. In determining what transaction has arisen
and to whose favor it was entered into, intent
matters more than form.GR241774
464. The standard of ‘well-founded belief’
presupposes that the present spouse had
exerted diligent and reasonable efforts to
locate the absent spouse. GR237412
465. A divorce decree obtained by the foreign
spouse, with or without the conformity of the
Filipino spouse, falls within the scope of Article
26(2) of the Family Code, and merits
recognition in this jurisdiction.GR243722
466. There could no preterition if the decedent
did not leave a will.GR2018197
467. It is only upon the issuance by the testate
or intestate court of the final order of
distribution of the estate or the order in
anticipation of the final distribution that the
certificate of title covering the subject property
may be issued in the name of the
distributees.GR240199
468. When a Deed of Assignment is executed,
but there is no real intention to transfer
absolutely as provided in the Deed, and the
real intention is to evade obligations, the Deed
is void for being absolutely simulated.GR226213
469. Without a total or extinctive novation of the
principal obligation, an accessory obligation
subsists.GR186196
470. Solutio indebiti does not apply when there
exists a binding juridical relation between two
parties.GR210641
471. There is delay when there is failure to
perform upon judicial demand.GR233774
472. Absent a total or extinctive novation, the
effects of the foreclosure conducted prior to
the execution of the Restructuring Agreement
must be respected.GR199308
473. The first and fundamental duty of the
courts is the application of the contract
according to its express terms, interpretation
being resorted to only when such literal
application is impossible.GR205604
474. An action to recover a property subject of
an equitable mortgage prescribes in 10 years
from accrual of cause of action.GR229243
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475. Acceptance of payment with objection
does not amount to withdrawing from an
intended novation.GR197722
476. In contracts
law, parties may
agree to give one or
both of them the right
to rescind a contract
unilaterally.GR199666
477. Absent any
agreement, the
drawer and the
endorser of a negotiable instrument are not
solidarily liable in case of non-payment.GR212050
478. A formal document is not necessary for the
sale transaction to acquire binding
effect.GR225033
479. There is dation in payment if the
consideration is a pre-existing debt; there is
sale if the consideration is a loan payable
arising from such sale.GR224466
480. The existence of any of the circumstances
defined in Article 1602 of the New Civil Code,
not the concurrence nor an overwhelming
number of such circumstances, is sufficient for
a contract of sale to be presumed an equitable
mortgage.GR239088
481. There could be no contract to sell if there
is no express reservation of ownership or title
to the subject property.GR233455
482. In a contract of sale, the buyer cannot be
compelled to pay if the seller has not fulfilled
his/her corresponding obligation.GR198867
483. The existence, veracity, and authenticity of
a notarized written deed of sale do not
conclusively determine whether all the
essential requisites of a contract are
present.GR227460
484. Generally, if the lessor or the lessee should
not comply with their obligations, the
aggrieved party may ask for either the
rescission of the contract and indemnification
for damages, or only the latter, allowing the
contract to remain in force.GR190512
485. One cannot be a mere accommodation
borrower if he or she performed the
obligations of the principal debtor.GR207786
486. Even if there is no stipulation as to payment
of interest, a debtor can be liable to pay
“You didn’t reach this far just to make it this far.” - NBV
interest if there is delay in obligation to pay a
sum of money.GR220826
487. ’Interest on interest’ referred to by Article
2212 of the Civil Code only covers accrued
interest.GR195372
488. The willingness of the parties to enter into
a relation involving an unconscionable interest
rate is inconsequential to the validity of the
stipulated rate.GR235020
489. A complaint for breach of a contract of
carriage is dismissible as against the employee
who was driving the bus because the parties
to the contract of carriage are only the
passenger, the bus owner, and the
operator.GR209969
490. Prior resort to Bureau of Food and Drugs
is not necessary for a suit for damages under
Article 2187 of the Civil Code to
prosper.GR209906
491. The law recognizes in the owner the right
to enjoy and dispose of a thing, without other
limitations than those established by
law.GR180808
492. Once approved by the court, a judicial
compromise is not appealable and it thereby
becomes immediately executory, but this rule
must be understood to refer and apply only to
those who are bound by the compromise and,
on the assumption that they are the only
parties to the case.GR208956
493. Proximate cause is that cause which, in
natural and continuous sequence, unbroken
by any efficient intervening cause, produces
the injury and without which the result would
not have occurred.GR206709
494. Bad faith is never presumed. It has to be
proven.GR211533
495. A temporary easement of right-of-way can
only be granted after the payment of the
proper indemnity by the owner of the dominant
estate; and only if such owner has established
that said easement is indispensable for the
dominant owner’s legitimate use.GR202342
496. Although tax declarations or realty tax
payment of property are not conclusive
evidence of ownership, nevertheless, they are
good indicia of possession in the concept of
owner for no one in his right mind would be
paying taxes for a property that is not in his
actual or at least constructive
possession.GR195908
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 LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM
497. A person who derived his title and was
granted co-ownership rights through gratuity
may compel partition.GR217611
498. Where there is only one original owner of
two structures as contemplated under Article
624 of the Civil Code, no formal act is needed
to acquire easement of light and view.GR228334
499. A landowner is considered in bad faith if
the acts on the land were done with his/her
knowledge and without opposition on his/her
part.GR239727
500. The issuance of a certificate of title does
not give the owner any better title than what he
actually has in law.GR217755
501. A petition for surrender of withheld
duplicate certificate of title may be availed of
when (1) it is necessary to issue a new
certificate of title pursuant to any involuntary
instrument which divests the title of the
registered owner against his consent, and (2)
a voluntary instrument cannot be registered by
reason of the refusal or failure of the holder to
surrender the owner’s duplicate certificate of
title.GR224507
502. The power to classify and reclassify land
lies solely with the Executive
Department.GR218418
503. The presidential declaration that the whole
of the Batangas coastline is a tourist zone and
marine reserve is not sufficient to prove that
the subject land is inalienable and non-
disposable.GR189803
504. Intermittent and sporadic assertion of
alleged ownership does not prove open,
continuous, exclusive, and notorious
possession and occupation. GR200256
505. In the absence of such incontrovertible
proof of private ownership, the well-entenched
presumption arising from the Regalian
doctrine that the subject land is of public
domain or dominion must be overcome.GR217336
506. If the land in question is proven to be of
private ownership and, therefore, beyond the
jurisdiction of the Director of Lands, the free
patent and subsequent title issued pursuant
thereto are null and void.GR198026
507. The resolution of the issue of ownership in
an accion publiciana is passed upon only to
determine who between the parties has a
better right to possession.GR218343
“You didn’t reach this far just to make it this far.” - NBV
508. There can be no acquisitive prescription
with respect to a titled parcel of land.GR222614
509. Tax declarations and tax receipts as
evidence of ownership cannot prevail over a
certificate of title.GR213517
510. A homestead patent secured through
fraudulent misrepresentation is null and
void.GR209081
511. The actual registered owner appearing on
the certificate of title is always an interested
party that must be notified by the court hearing
the petition for reconstitution. Otherwise, such
court does not acquire jurisdiction to hear and
try the petition for reconstitution case.GR222916
512. The defense of ownership in an accion
publiciana does not trigger a collateral attack
on the plaintiff’s certificate of title.GR212938
513. Since the restriction on the conveyance,
transfer or disposition of the patented land
subject of this case within five years from and
after the issuance of the patent pursuant to
Section 118 of CA 141 has been removed and
the title of the patentee Epifania San Pedro is,
under RA 11231, now considered as title in fee
simple, which is not subject to any restriction
on alienation or encumbrance, the
Government no longer has any legal basis to
seek the reversion or reconveyance of the
subject land.GR223822
TIPS ON ANSWERING BAR EXAM QUESTIONS
❖ Re-read the question for clarity.
❖ Answer the question directly and in a
complete sentence.
❖ Your answer must be grounded on law, and
when you discuss the law, display your
knowledge and understanding.
❖ If your answer is based on jurisprudence,
you can simply say, “In a case (or cases)
decided by the Supreme Court, it has been
held (or ruled) that ____”.
❖ In problem-based questions, do not forget
to discuss how the law applies to the given
facts. Do not leave it to the examiner to
make the logical connection.
❖ Do not suggest other remedies when it is
not asked.
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LAST-MINUTE TIPS FOR THE NOVEMBER 2022 BAR EXAMINATIONS ON CIVIL LAW
BY ATTY. NICO B. VALDERRAMA, CPA, MPM, LLM

Panginoon, salamat po sa pagkakataong sumubok na maging isang ganap na abogado.

Salamat po sa lahat ng mga taong nagmamahal at patuloy na sumusuporta sa aming lahat—sa aming mga kapamilya,
kaibigan, guro, kaklase, kasama na rin ng mga taong hindi namin kakilala ngunit nagbibigay sa amin ng
karagdagang pag-asa upang mapagtagumpayan ang nalalapit na pagsusulit. Gaano man kami katapang at kahanda,
batid Ninyo kung ano ang tunay naming nararamdaman sa aming mga puso. Nawa’y tanggalin Nyo lahat ng pag-
aagam-agam at pagdududa sa aming puso at isipan. Muli Ninyong ipaalala sa amin ang walang katapusang
pagmamahal na matagal na Ninyong ipinamalas at ipinaramdam sa amin.

Hindi kami aabot nang ganito kalayo kung wala kaming kakayahan upang tapusin ang kahuli-huling hakbang
patungo sa katuparan ng aming mga pangarap. Sa mga susunod pang mga araw, ipanatag Ninyo nawa ang aming
puso at isipan upang buo naming maalala lahat ng aming inaral. Iniaalay po naming lahat ang Inyong ipinangakong
tagumpay para sa kapurian ng Inyong Pangalan.

Lahat ng ito ay aming buong pusong ipinapanalangin sa ngalan ng Maykapal at tanging Tagapagligtas.

AMEN.

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“You didn’t reach this far just to make it this far.” - NBV