CIVIL LAW

PAULO 0. HERNANDEZ
Subject Chair

MA. CARLA V. FABELLA

Assistant Subject Chair

APOLLO JULIUS S. STA. MARIA

Subject Electronic Data Processing

QUENNLE IRIS V. BULATAO Conflict of Laws

GAYLE R. LIMLINGAN Persons and Family Relations
CHRISELLE G. DABAO Property
JHOMEL B. DELOS REYES Land Titles and Deeds
INAH BEATRIZ R.. TOLENTINO Wills and Succession
FRANCES CAMILLE A. FRANCISCO Obligations and Contracts
CAMILLE D. RECALDE Sales and Lease
PAOLA BEATRIZ A. ESCOBAR Partnership, Agency, and Trusts
KING LAURENZ S. MASILUNGAN Credit Transactions
ALLANA BIANCA S. ROMUALDEZ Torts and Damages

NOSLEN A.NGINES E. MENDOZA JAMIE R. TORRE VILLAS

ANDRELA M. AQUINO ZYMON G GRANADO
VAHLERY L. MARCO SHANELLE T. NAPOLLS
KRYSTEL G. ANG JAN YVE Oh E. CARLOS
MARILYN H. MALALUAN ROBERTO ANTON C. ADAP
CASSANDRA GAIL S. GACOTT YNA AGUILAR
BENEDICT T. JUCO GABRIELLE P. ARTETA
HANNAH KHAMIL H. MIRANDA KYLE E. ANDRINO
REX,JOHN P. CINCO NIKKA V. CASTILLO
PATRICIA LEANE B. SAGUIPED

Atty. JOSEPH FERDINAND DECHAVEZ Comm. WILHELM SORIANO

Atty. ROWELL D. ILAGAN Atty. JESUS ERICK F. STA. BARBARA
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Q: What is the difference between ignorance of law and ignorance of fact?

ANS: The difference between ignorance of law and of fact are:
IGNORANCE OF LAW vs. IGNORANCE OF FACT
Ignorance of Fact
Ignorance of the law is no excuse for Ignorance of the fact eliminates criminal intent
• :IN GENERA not complying with the law (1 as long as there is no negligence (/ PARAS,
PARAS, Civil Code of the Philippines Persons, supra at 23)
Annotated (2016), p. 23) thereinafter
A. WHEN LAW TAKES EFFECT
1 PARAS, Persons].
Q. When do laws take effect?
ANS: Laws shall take effect after fifteen (15) days following the completion of their Mistake on a doubtful or difficult Mistake of fact may, furthermore, vitiate
publication either in the Official Gazette, or in a newspaper of general circulation in the questions of law may be the basis of consent in a contract and make it voidable (Art,
Philippines, unless it is otherwise provided (CIVIL CODE, Art. 2). I good faith (CIVIL CODE, Art. 526). 1390, Id.) (1 PARAS, Persons, supra at 25).

Q: What does the phrase "unlessit-is'offierWise p•r-ovided"

>, as stated in Article 2 of
the Civil Code, mean? B. RETROACTIVITY OF LAWS
ANS: The phrase ' unless it is otherwis,e,provided".refers:to a different effectivity date
Q: How are laws applied?
other than after fifteen, days following the completion of the laws publication In the ANS: As a general rule, laws shall h:aye no retroactive effect (CIVIL CODE, Art. 4).
Official Gazette, It does, not iinPly rlhat-the:Tequirement•qf publication may be dispensed
Thus, laws are generally applied prospe§ti
with, Publication is an indispensable requisite as ar.condi'tiOn for their effectivity (Tanada
v, Tuvera, G.R No: L-63915, December 29.,1986).. ,
Q: When may the application of lawibe'letroactive? (OFT;EN-PIC)
ANS: Laws may be applied retroactivejm the following insthnCes:
Q: What is a newspaper of general-circulation?---
1. When the leW Otherwise provides (CIVIL CODE kt'4);
ANS: A newspaper of genethl circulation is one which.
2. Penal laws Favorable'to the acClised (REVISED PENAL CODE, Art 22.):
1, Has a bona fide s6hscriPtion list of paying subscribers:
3. Tax laws: wheTt the same is txpressly deciared or when it is clearly the
2. Is published at-regular ntervals7.and
legislative intent (Cebu Portland CemeqY' Co. 1, v. Collector of Internal
3, Is published ferlhe.-.-ciissemination--of-local_ news;ahiggeneral information
Revenue, G.R.-No. L-20563, October
(Basav_ Mercado,.p.R. No. L-42226,.July,26: 1935).
4, Emergency laws (1 PARAS, 14ons, sup751410))-1 4
/
• \ . . 5. Laws creating -Nei, rights (BorLiy Briones, G_RWOrl:-.10806, July 6, 1918);
Q: What does it mean when tiielaw2provides that it Shall '''take effect immediately"?
6. Procedu l'or remedial laws (11pARAS, Persons, supra at 34);
ANS: It means that it shall take effect-immediately pfter, publication with the fifteen day
7. An administrativerule Interproliveota statute, which is not declarative of
period being dispensed with '(S.TA= Person's and Family'Relations Law (2015),
certain rights and correspenkg-,-Obligalio9s41(Commissioner of Internal
4) [hereinafter STA. MAR/A:±Tersoriii.The,4mriiediate -effectivity clause does not
Revenue v. Reyes, G.R.Wo. 459694.'..lahu1ii)'27, 2006); and
preclude the requirement of -publication since the ?lear-.-ONict of the law is to give the
8. Curative laws (1 PARAS, Persons, supra at 34).
general public adequate notice of the virious -laWs'*idh are to regulate their actions
and conduct as citizens (Tanada V.- Tuvera,.,G.R.-No'; L-63915, April 24, 1985),
MANDATORY AND PROHISITCO:LAWS
Q: What statutes must be published?
Q: What is the status of an act that is contrary to mandatory or prohibitory laws?
ANS: All statutes, including:
ANS: Acts contrary to mandatory and prohibitory laws are void, as a general rule
1. Those of local application, even the charter of a city;
(CIVIL CODE, Art. 5).
2, Private laws, even those naming a public place after a favored individual or
Except: (V-MAN)
exempting him from certain prohibitions or requirements;
1. Where the law merely makes the act Voidable (e.g. marriage celebrated
3. Circulars of the Monetary Board if they are not meant merely to interpret but
through violence);
to "fill in the details" of the Central Bank Act: and
2. When the law Makes the act valid, but punishes the violator (e.g. marriage
4. Administrative rules and regulations if their purpose is to enforce or
solemnized by person without legal authority);
implement existing law (Tanada v. Tuvera, G. R. No. L-63915, December
3. When the law itself Authorizes its validity (e.g. lotto and sweepstakes); and
29. 1986).
4. Where the law declares the act Null and void but recognizes the legal
Notes; The publication of municipal ordinances are covered by the Local effects arising from it (e.g. void marriage under Art. 36 and 53, children
Government Code (See Sections 59, 188, 59, and 511, R.A 7160). conceived thereunder are considered legitimate (RABUYA, Persons and
Interpretative regulations and those merely internal in nature, that Family Relations (2017), 19) (hereinafter RABUYA, Persons].
is, regulating only the personnel of the administrative agency and not the
public. need not be published (Tanada v. Tuvera, G.R. No. L-63915,
December 29, 1986).
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Igo 0: What are the requisites of an.implied repeal by irreconcilable inconsistency?
ANS: The following are the requisites of an implied repeal by irreconcilable
Q: Can rights be waived? inconsistency:
ANS: Yes The general rule is that rights can be waived (CIVIL CODE, Art. 6). Waivers 1. The laws cover the same subject matter, and
are not presumed, but must be dearly and convincingly shown, either by express 2. The latter is inconsistent with the former (Aguietas v. CA. G R No
stipulation or acts admitting no other reasonable explanation (STA. MARIA, supra at 9). 106560, August 23, 1996).

Q: What are the requisites in order for the waiver of rights to be valid? Q: What happens when a law repealing a prior law is itself repealed?
(KI-CAC-ReNoNo) ANS: It depends on whether the prior laws were expressly or impliedly repealed:
ANS: The requisites in order for the waiver of rights to be valid are: 1. When a law which expressly repeals a prior law is itself repealed, the law
1 The waiver is made Knowingly and Intelligently must be illustrated on the first repealed shall not be thereby revived unless expressly so provided;
record or by evidence (Consung v. Court of Appeals, G.R. No. 137873, April 2. When a law which impliedly repeals a prior law is itself repealed, the prior
20, 2001); law shall thereby be revived, unless the repealing law provides otherwise
2. The person waiving must be Capacitated to make the waiver; (Administrative Code of 1987, Bk. I, Chap. 5, Secs. 21 & 22).
3. The person waiving must Actually have the right which he is renouncing,
otherwise, he will not be ran. anything; Q: What is the effect when a law wh" impliedly repeals prior laws is declared
4. The waiver must b ecessanly expressed; unconstitutional?
5. In certain inst ss Remission of a debt owed ANS: The former laws imphi are revived (Tatad v. Secretary of
in favor oft Department of Energy, G.R. No. 1 mber 05, 1997).
8. Waiver policy, public order or
good c 0: In case of conflict between a ial I hich should prevail?
7 The nized by law (1 ANS: In case of conflict betw the following rules shall
PA apply'
1. If the cie ed_prior to the dal law, the latter is
Q: When is a considered e general law ore, the general law
ANS: In the f s, t4 Ii ivr is jr*alid: remains o repeal (tic Apostol, G R. No. L-
1 If trary4cita,w, puhlic o morals or good /952
•E, Ar 1,— 2. If pecial law remains
2 cognized by law
covers ct and is clearly
3 e case of future _ p• Ofr al law on the In Re: Guzman, G.R.
oaquin v Navarro, G R. No. L-576, August
4 S, Persons, supra 4, 1 4
b. There e Conflict, or
c. There ary (Companra General de
Taba r Collector of Customs, G.R. No L-21241, April 7,
1924).
Q: How are laws repealed?
ANS: Laws are repealed either: Q: Are judicial decisions considered laws?
1. Expressly; or ANS: No. Decisions of the Supreme Court are not laws pursuant to the Doctrine of
2. lmpliedly, insofar as there are inconsistencies between a prior and a Separation of Powers (Philippine Long Distance Telephone Company v. Alvarez, G.R.
subsequent law (1 PAR/IS, Persons, supra at pp 45-46) No. 179408, March 5, 2014). Decisions of the Supreme Court, although in themselves
Note: Implied repeals are disfavored, as a rule in statutory construction (Javier v not laws, are nevertheless evidence of what the laws mean, and this is the reason why
Commission on Elections, GR. No. 215847, January 12, 2016). There are two under Article 8 of the New Civil Code, "Judicial decisions applying or interpreting the
categories of repeal by implication: laws or the Constitution shall form part of the legal system." The interpretation upon a
1. The first is where provisions in the two acts on the same subject matter are law by this Court constitutes, in a way, a part of the law as of the date that the law was
in an irreconcilable conflict. The later act to the extent of the conflict originally passed, since this Court's construction merely establishes the
constitutes an implied repeal of the earlier one; and contemporaneous legislative intent that the law thus construed intends to effectuate
2. The second is if the later act covers the whole subject of the earlier one and (Columbia Pictures, Inc. v. C.A., G.R. No. 1140318, August 28, 1996)
is clearly intended as a substitute, it will operate to repeal the earlier law
(Commissioner of Internal Revenue v. Semirara Mining Corp, G.R No 0: What is the "Doctrine of Stare Decisis"?
202534, December 5, 2018). ANS: Stare decisis, or "adherence to precedents," means that once a case has been
decided in one way, then another case, involving exactly the same point at issue, should
be decided in the same manner (1 PAR/IS, Persons, supra at 67-68).
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Note: The doctrine of stare decisis does not mean blind adherence to precedents. The 5. There must be a juridical Intention to make a rule of social conduct; and
doctrine or rule laid down, which has been followed for years, no matter how sound it 6 There must be a sufficient Lapse of time (1PAPAS, Persons, supra at 92).
may be, if found to be contrary to law, must be abandoned The principle of stare decisis
does not and should not apply when there is conflict between the precedent and the law. Q: What are the rules In the computation of periods?
The duty of the Supreme Court is to forsake and abandon any doctrine or rule found to ANS: When the laws speak of years, months, days or nights, it shall be understood
be in violation of the law in force (Tan Chong v. Secretary of Labor, G.R. No. 47616, that years are of three hundred sixty-five days each; months, of thirty days; days. of
September 16, 1947). twenty-four hours; and nights from sunset to sunrise. If months are designated by their
name, they shall be computed by the number of days which they respectively have. In
Q: How may judicial decisions be abrogated? computing a period, the first day shall be excluded, and the last day included (CIVIL
ANS: Judicial decisions may be abrogated by either a: CODE, Art, 13).
1 Contrary ruling by the Supreme Court, provided, that no doctrine or principle
of law laid down by the court in a decision rendered en banc or in division Q: In computation of periods as to calendar years, which rule between Art. 13 of
may be modified or reversed except by the court sitting en banc (CONST. the Civil Code and the Administrative Code prevail?
Art. VIII, Sec. 4, par_ 3); or ANS: The Administrative Code, being the later law, prevails. Under the Administrative
2. Corrective legislative acts of Congress. Code of 1987, a year is composed of 12 calendar months. The number of days is
irrelevant (Commissioner of Internal Rev ue v. Aichi Forging Co_ of Asia, Inc., G.R.
Note: Congress cannot, howeveralters-Stipname,,Zurt interpretation of a constitutional
No. 184823, October 6, 2010)
provision, for this would bean unwarinted a' st.rmptioq, of judicial power (1 PAPAS,
Persons, supra at 68-69: Adencia\ Daj .104.'1Vos: L-6355,-56, August 31, 1953). 0: What is pretermission of hol
._ A--. .A\ ANS: Pretermission of holiday re
0: What will be the effect An case the Supre— me,...„Coumst7uld adopt a ruling 1. In an ordinary contract, t sfts that ,.. ..-ct is due even if the last
,,,
contrary to a doctrine itt(aS previously laid down?, '4. ', Th.7:e.,1- .•.-u vyt exceptions among them
day is a Sunday or;a4g *.,
ANS: When a doctOrie of the Supfeme- Court is ok(erNed ancf a different view is are the maturityofate of a neg able instrumen
adopted, and more sa jithen;there is a reversal thereof, the new doctrine should be tod prescribed 'lowed by the Rules of
2. When the t refers to, "
applied prospectively and shquld not apolytaparties who reliViirrtrie old doctrine and or by any other I ble statute, if the last
Court, by a ' i dir of the.
acted in good faith '1frilippinii International Trading Corp. v. Cerprnissi,pn on Audit, G.R.
.i. day is a SOdakprgallegal ho ay, it is underoc1 that the last day should
No, 205837, 4veiiiber 21, 2017) i
i 1 .......„; i really e neiditiAly, provid that the sai ay s nkther a Sunday nor a
legailioliday 10ARAS, Persop supra at 9-97.
Q: If the law applicable tra.the._case is silent, obscure, or iiisufficiAnt, what should
the judge do in dOiding a•case? Note: The ruiWcontain ..in Se4on of the ...,..l;tt,..tative Code and
ANS; The judge may apply any rule as !long as 'the-rule chosen fs in harmony with Section 1, Rule 28 of tpe Rules4 C deal with _:.-2.:F;Oi iic' on of time allowed
general interest, order, Morals, anciii‘lublic Ooljp4Amcirig these are:,. to do a particular . the filing o x returns on or before a definite date, filing
1 Customs whithare not conffacyllotaW, public,drder, and public policy (CIVIL an answer to a compaint, 1 ing an ap :b1. etc They do not apply to lengthen the
CODE:Art 11); , ' " period fixed by the State for . prosecut committed a crime against it. The
2 Decisions'of foreign and...lc:1'61fcourts on-siSila-r;caset; waiver or loss of the ri prosecute.a tomatic and by operation of
3 Opinions of highly,qualified WfiterS'end prbfess12rS: law. Where the sixtiet d la ts y to file an information falls on a Sunday or legal
4. Rules of statutory,konstruction - holiday, the sixty-day not be extended up to the next working day
5, Principles laid downirranalogoAlostancls; (Yapdiangco v. Buencam No L-28841, June 24, 1983),
6. General principles of the natural moral law, human law and equity; and
7 Respect for human dignity and personality (1 PARAS, Persons, supra at 82- ktMieafoMf& %44
84).
Q: What Is "Conflict of Laws"?
ANS: Conflict of laws (or Private International Law) is that part of the municipal law of a
Q: What is a "custom"?
ANS: A custom is a rule of human action established by repeated acts, and uniformly state which directs its courts and administrative agencies, when confronted with a legal
problem involving a foreign element, whether or not they should apply a foreign law(s)
observed or practiced as a rule of society, thru the implicit approval of the lawmakers,
and which is therefore generally obligatory and legally binding (1 PAPAS, Persons, (PAPAS. Philippine Conflict of Laws (1996), 2 [hereinafter, PAPAS, Conflict)).
supra at 92).
Q: What are the three courses of action available to the court or administrative
Q: What are the requisites before the courts can consider the customs of the agency in disposing a conflicts case which involves a foreign element?
place in deciding a case? (PRUNIL) ANS: The court or administrative agency may:
ANS: Before courts may consider a custom, the following are the requisites: 1 Dismiss the case, either because of lack of jurisdiction or refusal to assume
1 A custom must be Proved as a fact, according to the rules of evidence junsdiction over the case;
2. Assume jurisdiction over the case and apply the internal law of the forum; or
(CIVIL CODE, Art. 12);
2 There must be a number of Repeated acts: 3. Assume jurisdiction over the case and take into account or apply the law of
3 The repeated acts must have been Uniformly performed; some other State or States (Hasegawa and Nippon Engineering Consultants
4 It must Not be contrary to law, public order, or public policy; Co., Ltd.v. Kitamura, G.R. No. 149177, November 23, 2007).
 CIVIL LAW
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Q: What is the "Principle of Forum Non Conveniens"? Q: What is the Doctrine of Fundamental Fairness?
ANS: Literally translated as "the forum is inconvenient," the principle of forum non ANS: The Doctrine of Fundamental Fairness serves to protect citizens generally
convernens means that even if the court assumes jurisdiction over the parties and the against unjust and arbitrary governmental actions, and specifically against governmental
subject matter, it may decline to try the case on the ground that the controversy may be procedures which tend to operate arbitrarily. It serves as an augmentation of existing
more suitably tried elsewhere (COQUIA & AGUICNG-PALANGANAN, Conflict of Laws. constitutional protections or as an independent source of protection against state action
Cases. Materials and Comments (2000), 36 [hereinafter, COOUIA. Conflict]) (State v. Ramseur, 106 N.J. 123, 377, March 5, 1987) This doctrine is appropriately
applied in those rare cases where not to do so will subject the defendant to oppression,
Q: What are the instances where Forum Non Conveniens may be invoked? harassment, or egregious deprivation (State v. Yoskowitz, 116 N.J. 679. 712 July 19,
(BF-COINED) 1989).
ANS: Though a court has jurisdiction over a case it may decline to exercise it in view
of any of the following practical reasons. Q: What is "Choice of Law"?
1. Belief that the matter can be better tried and decided in another jurisdiction, ANS: Choice of law is an issue in conflict of laws cases which seeks to answer the
either because the main aspects of the case transpired there or the material following important questions:
witnesses have their residence there, 1. What legal system should control a given situation where some of the
2. To curb the evils of Forum shopping: significant facts occurred in two or more states; and
3 Court dockets of the toron,may already be Clogged and permitting 2. To what extent should the osen legal system regulate the situation
additional cases would hamper speedy administration of justice: (Continental Micronesia, Basso, G.R. Nos_ 178382-83. September
4 Other courts re open, and the casemay be;better tned in said courts; 23, 2015).
5 Inadequacykdf thelocal judicial maChinery f9r effequating the right sought to
be maintained. Q: What are the factors to b d in evaluating the propriety of the
6 Forum has oarticularinterett ill the case: contracting parties' choice of loll ts incidents? .1 ,
7 Eviderice,andsWitness may not-be reac ly available rnihe forum, and ANS. The following factors should
Se
grabOrl,cv4tuabiN the propriety of choice
8 Difficulty1Ascertaining th-e for.eign law apPlicabl,e (SEMPIO-DIY, Handbook of forum:
on donfirct of LatA)s (2004), 1 Thereinafter, SEMP10,-0C nflict of Laws)). 1 The availabill nd adequ recourse to a foielkn tribunal: and
2. The questi*ofiwhere,a. een the forum jj rt, and foreign court, the
*°. - three consecutive phases Involved in udic"l resolution of
Q: What are idle balance otAt inberin a dispute eil3h more heavily (Saudi
Conflict of Laiivs o lems? Arabia0 in ebesencr I G.R. 19 January 14, 2015).
ANS: The thr e cutiVe ases are. ,
1 Ju 94 - the,* --PrItY- Of a* cOtif Of laW.t‘o_take gni ce of a case: Q: What is "Salyener iEcror"?
+In,
2. Choice of Law - tha.app - licable law to the problem and ANS: Scriveneft Erre me s fai agreern. e intention of the
3 Recognition land EnfOrarnent of Judgments - e enfo cement of foreign parties due to Wrong tentqlogy„ minology,' J lY ror. Because there
laws bpd judgments in enotkr,jth*risdictiOn ( ytheonbtemarional, Inc. v. is failure to expres9N,Irtial ent of he es, the agreement is interpreted according
Rouzie\G.R. NO 4,62894, Febru.arY 26. 200 to its plain or obviou anin (PE BEN! Conflict, supra at 82)
, . •_
Note: These three Pryasespre epa t from-each,ot4er Vind defense in one phase is Q: What is "Characteri4tidri" in aws?
not a defense in other rihases:{PE BelOrtrtlinthctbIta (2016), 12 Thereinafter PE ANS: Characterization' Con / o Laws is e process of assigning a disputed
BENITO, Conflict]) question to its correct lerpl•c.at ory such as torts, contracts, family law, or property. It is
also known as the Doct Classification" or "Qualification" (SALONGA, Private
Q: What is a "Long-arm Statute"? International Law, (1995), 140 (hereinafter SALONGA, Private International Law]).
ANS: A Long-arm Statute is a law that allows a plaintiff to make a claim against a
defendant who is a non-domiciliary of a state, provided there are minimum contacts with Q: What are the rules on characterization of procedural and substantive rules?
the forum to justify its exercise of jurisdiction over nim. These statutes specify the kinds ANS: If the issue in the case is substantive, then apply foreign law. If it is procedural,
of contacts upon which jurisdiction will be asserted, such as the commission of a tortious then apply the forum law or lex fon.
act within the state, the celebration of a contract there, or the presence of property Note: The following are guidelines in determining as to whether the matter pertains to
owned by the defendant (COCUIA, Conflict, supra at 36). substantive law or to procedural law:
1. Questions of evidence - procedural matters governed by forum law;
Q: What is "Minimum Contacts Test"? 2. Prescription of action and Statute of frauds - consider what the parties had
ANS; The Minimum Contacts Test provides that personal jurisdiction is constitutionally in mind at the time the transaction took place and proceed to apply the
permissible when a defendant has minimum contacts with the state where a lawsuit is
intended law in its totality. An exception is if the subject-matter is property
brought such that notions of fair play and substantial justice would not be offended located in the Philippines, in which case Philippine law, being the lex situs,
(International Shoe Co. v. Washington. 326 U.S 310, December 31, 1945). Such, applies (SEMPIO-DIY, Conflict of Laws, supra at 27).
contact, ties or relations may be evidenced by its doing or transacting business or
activities in the forum state (World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, Q: What is "Depegage"?
January 21, 1980). ANS: From the French word "deceper" meaning "to dissect," Depecage means that
different aspects of the case involving a foreign element may be govemed by different
systems of law (LIPSTEIN, General Principles of Private International Law, (1972). 2/4)
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[hereinafter LIPSTEIN], Private International Law]. Specifically. it is the process whereby 2. Recognition of existence of a Universally known law: and
different issues in a single case arising out of a single set of facts may be decided 3. Lack of objection to improper presentation by one party (PE BEN/TO,
according to the laws of different states, the procedural matters being governed by Conflict, supra at 80).
forum law and substantive matters by some other law (Buchanan v. Doe. 246 Va. 67,
June 11, 1993). Q: What is "Personal Law"?
ANS: Personal Law is the law which attaches to a person wherever he may go and
Q: What is the "Renvoi Doctrine"? generally governs his status, capacity, condition, family relations, and the consequences
ANS: Renvoi Doctrine is a procedure whereby a jural matter presented is referred by of his actuations. The personal law of an individual is his national law (SEMPIO-DIY,
the conflict of laws rules of the forum to a foreign state, the conflict of laws rule of which Conflicts ofLaw, supra at 31; 36; COQUIA, Conflict, supra at 88).
in turn refers the matter back to the law of the forum (remission) or a third state
(transmission) (COQUIA. Conflict supra at 102). 0: Distinguish Domiciliary Theory, Nationality Theory and Situs Theory on how
the Personal Law of an individual is determined.
ANS: They may be distinguished as follows:
Reference is made 1 Reference is made to a That which occurs when the local Nationality Theory —
back to the law of I third state. involves three court, in adopting the foreign Domiciliary Theory Situs Theory
(Lex Nationalii)
forum: Involves two (2) 1(3> law„,.-- -"'''': court theory, discovers that the
laws 1 ,,,, i Also known as Territorial Also as Personal
t . ).Tar n court accepts the renvoi Also known as Eclectic
Theory, states that the Theo
of
(SEtv1P10-DIY. Conflict La /s.
status and capacity of a stab
that the
city of an
Theory, states that the
particular place or situs of
person are determined indivi ned by a event or transaction is
0: What is the effiegt ql,th,r0erivoi'D5CTilire?----„„
by the law of his domicile thej I0 ally the controlling law
ANS: Since the, ocziflicteule' in the foreign'.;couni4, re rs e 't-natter back to the
(SEMPIO-DIY, Conflict of ,gsational PIO-DIY, Conflict of
Philippines (the /01a dornicile), tour courts have tio a mane-,but to accept the
Laws, supra at 30). Art. 15). supra at 30).
referring back lilb us. 1ffour Cpurts will do otherwise arid th Wgack1the matter to the
foreign country; )h pblem rth bettegyp states concerned, Note: The Philippines the N on y Theory (SE ply, Conflict of Laws,
resulting in "irtfriatinal football" (In The Matter of Testate Estate Idf the Deceased supra at 31). t
Edward E. Cht#43 , G.R. No, L-16749, January 3111963)
Q: What is th peory*Effective Nati lity"?
Q: May the paqip 've*,ap —pliCatiOii—Ofthe ff. )voi;:Do ANS: Under th f TheOry.44 Effecpye nality, ore than one
ANS: Yes. To pr n mOlitations, the parties pia caiveJho ap tion of renvoi in nationality shal e treata if h d ot9 one inso ate is concerned.
case the same i 1provided for by a fbrRign law JRCilkssef" priv e interjflational law will find Without prejudiceloV,epplation o its la . in personal matters and of any conventions
no application once a foreign law iS•chbsejj.,44 the:Odle '(PE BE ITO, Conflict, supra in force, a third statq:'Shall apply the nat..' ilalites which any such person possesses,
at 96) % N - — --- recognize exclusively 4its tiffitory either n bnality of the country in which he is
\., ,. habitually and principalp9"eside t e country with which in the
Q: What is the "DesisthAteritli1e90"?'-----`4',. , \ circumstances he appekes to be t mostly connected ague Convention on Certain
ANS: Also known as thel4qtriaiPisclalivat 94,iO4clic Theory, Desistment Theory Questions Relating to th' nffict f Nationality Laws, Art. 5)
states that the forum court upbb*reterena&to-angllieestate's law sees that such law is
limited in application to its own natioriairferffiged in its territory and has no provision Q: What are the rules on the domicile of: (1) minors; (2) married women; (3)
for application to nationals domiciled outside of the territory. Hence, the local court will mentally disabled persons; (4) people kept under compulsion; and (5) public
apply local law, This has the same result as the acceptance of the renvol doctrine but officials?
the process used by the forum court is to desist applying the foreign law (PARAS, ANS: The rules on domicile are as follows:
Conflict, supra at 216). 1. Minors — A minor follows the domicile of his parents. A domicile, once
acquired is retained until a new one is gained (Romualdez-Marcos v.
Q: What is "Processual Presumption of Law" or "Presumed Identity Approach"? Commission on Elections, G.R. No 119976, September 18, 1995)
ANS: Processual Presumption of Law or Presumed Identity Approach means that if the 2. Married women — The presumption that the wife automatically gains the
foreign law is not properly pleaded or proved, the presumption of identity or similarity of husband's domicile by operation of law upon marriage cannot be inferred
the foreign law to our own laws applies (Continental Micronesia, Inc. v. Basso, G.R. from the use of the term "residence" in Article 110 of the Civil Code
Nos. 178382-83, September 23, 2015). (Romualdez-Marcos v. Commission on Elections, G.R. No. 119976,
September 18, 1995).
0: What are the exceptions to the Processual Presumption of Law or Presumed 3. Mentally disabled persons — It is presumed that a person with mental
Identity Approach? (FUL) disability cannot acquire a domicile of choice because of his inherent
ANS: In the following instances, foreign laws can be considered by the court even if not inability to decide where to make his home. However, if it is shown that a
pleaded and proved: person with mental disability is capable of understanding his act and its
1. Presentation of a Foreign-licensed attorney who will testify in open court consequences, he may be able to acquire a domicile of choice (COQUIA,
concerning his/her knowledge of the law in question; Conflict, supra at 231).
 CIVIL LAW I
San Bede Law-ROCT Bar Operations Center E. pEurneR811101ED BOOK
4 People kept under ohysic,a1 or legal compulsion (e.g., military personnel, properties, and the delivery of the children's presumptive legitirnes (FAMILY
prisoners, and persons with disabilities confined in institutions) - A person CODE, Art. 53);
who is under compulsion is in that place not as a result of his volition If he 6. Marriages where either spouse is psychologically incapacitated (FAMILY
intends to remain even after the compulsion has been removed, such as CODE, Art. 36);
separation from service of a soldier or release from imprisonment of a 7. Incestuous marriages (FAMILY CODE, Art 37); and
convict, then such person will be able to acquire a domicile of choice 8. Void marriages by reason of public policy (FAMILY CODE, Art. 38),
(COQU1A, Conflict, supra at 232-233) Note: Since the personal law of the parties, e.g., the national law of Filipinos, governs
5. Public officials - Mere filing of certificate of candidacy does not constitute a the questions of intrinsic validity of marriages between Filipinos abroad, the above
waiver of status as a permanent resident or immigrant of the United States. enumerations are exceptions to lex loci celebrationis precisely because they are
The waiver should be manifested by some act or acts independent of and governed by lex nationalii (SEMPIO-DIY, Conflict of Laws, supra at 77).
done prior to filing his candidacy for elective office in this country (Caasi v.
Court of Appeals, G.R. No 88831, November 8, 1990) 0: What is the "Nationality Principle" or "Lex National"?
ANS: The Nationality Principle states that laws relating to family rights and duties, or
Q: What law shall govern marriage as a contract? the status, condition, and legal capacity of persons are binding upon citizens of the
ANS: The following shall govern mamage as a contract: Philippines, even though living abroad (CIVIL CODE, Art. 15).
1. In determining the extria,sic.,validity of a marriage celebrated abroad, the
following are the rulee T
Q: What law shall determine whe child is legitimate or illegitimate?
a Between)i1)oinds, /ex Ikci ceIebration67,N1$ II apply 1 without prejudice to
ANS: Based on the nationality pri e parents have a common national law, tne
the ex..6rptiOri's unde,r.A.. oticies,,25, 35 (1 ,„(4 , nd (6), 36, 37, and 38 of same shall apply (CIVIL CODE, case they have different nationalities, the
the mily CVeligamous, polygem tis,1 incestuous marriages), national law of the father must be MPIO-DIY, Conflict of Laws. supra at 94)
a, co / ular'marriaget7.-- ,.
b. BeQii,een,Areigners,- /ex loci celeb er'po pply except if the
Q: What is the rule of Lex ftli,,Sitae
Marrlage is. ' (1) highly immoral (like b and polygamous
ANS: The rule of Lex„.genitae St
.. hat the real pro rty as well as personal
:marriages) or (2) universally cons' ered us, i.e. between
property is subject to thelaw, of the coilti here it is situate ,kIVIL CODE, Art 16)
; 6r:others and Sisters Wide or halfb od w _ the relationship is
i legitimate or illegitimate), and between asce ants and descendants: Q: What are the ewptloAitd the rule ex Rei Sitaq RAN
;and ANS: As exce orilo the Rife.Of Lex,,,Re 'tee, the folloVringil shalt be governed by the
'Mixed. Apply the rules....,,on ..........
determining.:
. the inti,insic fialidity
z of marriage
national law ci,..,. ,e,persOnawhose succes is under cAnsid ratio and not by the law
celeb;ated abroad to 'Uphold the 'validity of theitnerriage of the country ;ere it is - ,
2 In 4eterrninIng the intrinsic validity of marriage celeblated abroad. the , Capacity to succged (GI
.ntririiic requirements are,controlled,,by the part*" persral laws which may
2. yitrinsiwt.44 testam nta
eitherq)e the\ dornicife or nationality Though valid )n a foreign country.
3. Amountirsucce ,. ion rights.
certain'imarriages,may_be void in the Philippines on ,pounds of public policy, 4 Order of suwess* (CIVIL C
as those enumerated in Arttcle 38 of the CiOde
, (COQU1A, Conflict,
supra at 254,.....262ki, - , --- - - - -.. ..e'' Q: What is the rule of tiax
_ Loc - lebrationis?
ANS. The rule of lex a i c e ratronis means that the forms and solemnities of
Q: What law shall govern th4tletesmination of theliounds for the annulment and contracts, wills, and other construments are governed by the laws of the country in
declaration of nullity of marriage? ----- which they are executed (CIVIL CODE, Art. 17, par. 1).
ANS: In determining the grounds for the annulment and declaration of nullity of
marriage the law of the place of celebration or rex loci celebration's must govern, 0: What are the differences between Lex Nationaiii, Lex Rei Sitae, and Lex Loci
subject to certain exceptions (CIVIL CODE, Art. 17) Celebrationis?
ANS: The differences are the following:
Q: What are the exceptions to the rule that the law of the place of celebration of
marriage determines the grounds for annulment and declaration of nullity of Lex Nationalli Lex Rei Sitae Lex Loci Celebration's
marriage?
ANS: The following are void marriages in the Philippines even if valid in the foreign
As to Article 15 of the Article 1-6 of the Civil Article 17 of the Civil
country where they are celebrated:
governing law Civil Code. Code. Code.
1 Same-sex marriages, as contracting parties must be male and female
(FAMILY CODE, Art. 2); As to basis for Citizenship is the The law of the place The law of the place
2. When either or both parties are below 18 years of age even with parental jurisdiction basis for where the property where the contract was
consent (FAMILY CODE, Art 35, par 1), determining the is situated is the executed is the basis for
3. Bigamous and polygamous marriages (FAMILY CODE, Art. 35, par. 4); personal law basis for determining the law
4. Mistake as to identity of a contracting party (FAMILY CODE, Art. 35, par. 5); applicable. determining the law applicable.
5 A subsequent marriage performed without recording in the Civil Registry the applicable.
judgment of annulment or declaration of nullity, partition and distribution of
M .> CIVIL LAW I
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BEDAN RED BOOK
Vclume II Senes of 2020/21

Q: What are the distinctions between Recognition and Enforcement of Foreign

Lex'Nationalii Lex Rei Sitae Lex Loci Celebrations Judgments?
ANS: The following are the distinctions
As to scope Covers family Covers both real Covers only the forms
RECOGNITION OF FOREIGN JUDGMENT
rights and duties, and personal and solemnities (extrinsic
vs. ENFORCEMENT OF FOREIGN JUDGMENT
status, condition, property validity) of contracts, wills, .,
and legal and other public Recognition of Enforcement of
capacity of instruments. Foreign Judgment Foreign Judgment
persons,
The defendant or respondent is The plaintiff or petitioner wants the court
presenting the foreign judgment merely as to positively carry out and make effective
Q: What is the "State of the Most S gnificant Relationship Rule"? a defense, on the basis of res judrcata. the foreign judgment.
ANS: Also known as the Center of Gravity Doctrine or the Grouping-of-Contacts
Theory, this rule provides that the law of the place with the most connection to the Invokes merely a sense of justice (Perkins Implies an act of sovereignty
dispute shall prevail in case of contractual conflicts of law (PE BENITO, Conflict of v. Benguet Consolidated Mining, G.R. No
Laws, supra at 102). L-1981. May 28. 1954)

Note: This is basically a matter of conVenience anorpr ticality as it seeks to apply the Needs no proceeding or action but § Requires a separate action brought
law of the place that has the mosj..)conne ng taotOrsio tpekcc\
ltract. that the same has already precisely to make the foreign judgment
against the defendant who is in affective.
Q: What law shall govern (1)„jane's capacity to eitecifte pe,tivill; (2) the formality of foreign judgment.
execution; (3) the' capeetty'?/...orre"Telliiiiiiit-frorn 'arttlher• liknd (4) the intrinsic
validity of the teitagtentery provision" Recognition is a passive effectio active recognition and
ANS: The folloysIing ateithe answers: judgment. implemen the foreign judgment
1 One's capabity td execute the will is govetned tional law (CIVIL from the local , rendering the foreign
CODE, 4r 15); . 5, judgment as estic judgment and
2. The 1awsi of the country in which they re ex u hall govern the seeking its to ent by the sheriff in
forin,elitie of themecution of-thewilt(C/W CODE Artrlii par 1); s accordance ith e uies of Court,
3. The ra!tiotial le*.A the_decedint_shallioeriii ).• o e's acity to succeed (SEMPIO-DIY flict, at 151-1 2) =MIL
(cryt4. Ci?V, i..ik.t„439); and Note: In the orei 'udg nts, Ph - r incompetent to
4 The' nation I law of the eeeeaent Sh,all govern Jlte intnasic validity of the
substitute their jud,omenthrfow a4 re w decided un aw. They are limited
test entakoroVisibns'.‘x..q,w4. CQ,815,,At . 16/par. 2; ABUYA, Persons.
to the question of th to extend the e tot the foreign judgment in the Philippines.
supra \f 44-45),
Philippine courts wilikonly de(Amme: 1) foreign judgment is contrary to an
•-• overriding public policy' neoPhilippines r any alleging party is able to
Q: What law shall g ern tyte'.,ati IniStiatTon of _estate° deceased person?
prove an extrinsic grou o repe want of jurisdiction, want of
ANS: Up to the point disji4kItien, reSioikot„PI/estate is governed by the
notice to the party, coll on, , or clear mistake of law or fact (Suzuki v. Office of
actual lex foil, and not by the law su .77fielf m is the place where he was
the Solicitor General, G. 2302. September 2, 2020).
appointed, that is, the law °Flits mi e of the domiciliary administrator
(PARAS, Conflict, supra at 365). TiL-2aae ,
tiVIVA412.0-1ME
Q: What law shall govern the terms of liability and damages for torts in general? Q: What are the distinctions between Articles 19, 20, and 21 of the Civil Code?
ANS: Lex loci delicti commissi or the law of the place where the quasi-delict was ANS: The following are the distinctions:
committed shall govern (SEMP10-01Y, Conflict of Laws, supra at 131).
Article 19 Article 20 Article 21
Q: Where shall a claim for foreign tort be brought?
ANS: An action for a foreign tort may be brought in any place where the tortfeasor may As to Scope Describes the degree of Concerns violations Concerns injuries
be found so that he can be subjected to the jurisdiction of the Court (SALONGA, care required, so that the of existing law as that may be
Conflict, supra at 424). failure to observe the same basis for an injury caused by acts
may justify an actionable which are not
Q: What is "Caver's Principle of Preference"? tort when it is alleged necessarily
ANS: Caver's Principle of Preference calls for the application of the liability laws of the together with Article 20 or proscribed by law
State where the injury occurred when these set a higher standard of conduct or gave Article 21; Contains what is
greater financial protection to the person injured than did the laws of the State where the commonly referred to as
person causing the injury had acted or had his home (SEMPIO-DIY, Conflict of Laws, the principle of abuse of
supra at 134). rights, it sets certain
standards which must be
 4111
ID> CIVIL LAW I
Sar Bede Law ROCT Bar Operations Carrier NE
BEDAN RED BOOK
Volume ii Series of 2020/21

Q: What is the rule for a fetus to be considered as born?

Article 19 Article 20 • Article 21
ANS: For civil purposes, the fetus is considered born if it is alive at the time it is
observed not only in the completely delivered from the mother's womb. However, if the fetus had an intra-uterine
exercise of one's rights, but life of less than seven months, it is not deemed born if it dies within twenty-four hours
also in the performance of after its complete delivery from the maternal womb (CIVIL CODE, Art_ 41),
one's duties
Q: How is civil personality extinguished?
As to By itself, it is not a basis of May be used as a May be used as a ANS: The civil personality is extinguished as follows:
Remedy an actionable tort. basis of an action basis of an action 1. Natural persons - by death (CIVIL CODE, Art. 42);
for damages for damages 2. Juridical persons -in accordance with law (CIVIL CODE, Art. 45)
As to It does not provide a It allows recovery This article Q: What are the conditions for the application of the survivorship rule under
Requirement remedy for its violation, should the act have requires that the Article 43 of the Civil Code?
for Recovery been willful or act be willful. ANS: The conditions for the application of survivorship rule are as follows
negligent. 1. There is a doubt, as between two or morc persons, as to which of them died
first, and
As to Lays down ,a--ruleTiirPFpiles to both Applies only to 2 They are called to succeedlea other
Applicability conduct for,ttfe government illfUlaW. egligent willful acts done -p
of humlarrjelatiarts. and"-for -acts )fiat 'a a. done contra bonus Note: Whoever alleges the death r to the other, shall prove the same; in the
the ryraintenen*,Of social Cbrit taW mores absence of proof, it is presumed d at the same time and there shall be no
or. - r • transmission of rights from one to VIL CODE, Art 43)

(St. Martin Pal LMV Construction .VorN G.R. No. 217426, Q: If the two persons who nsh ame atz not called to succeed
December 4, 20/7) each other, what is th umption s who died first?
\ f ANS: The following is sumpti
• -:'WP141q:4,1311:11Y,opti4 That exce t for Ur ucces n two person in the same calamity,
such as wreck, bath atm, a is not show w d first, and there are
Q: What is thd ap1iability f penal laws?
- no particular cir FICe.Q4 Otrwhickit be inferred e rship is determined
ANS: Penal laWS rib thpgeAf public tecifrify and sh
11.i ll belotAigatory upon all from the prob s reil bg from the,st gth and tb?. age exes, according to
who live or s ioujn n fife:, ilijipin-e- reirlio-ry - lelott to theyvrticiples of public
the following ••- •
international lavir aild taktreaty-sp lations (CIVIL CO rt- ), '''
- 1_ If b wer5. . theAO en (15) ye is deemed to have
surviv
••••' ixty (60), the younger is deemed to have
2. If both re abo4"' the 4g
0. PERSONS AND FAMILY RELATIONS survived;
3- If one is u lTfteei e sixty (60), the former is
PERSONS deemed to tiVe surv,
4, If both be o fte 5) and under sixty (60), and the sex be different, the
KINDS OF PERSONS male is deem ve survived, if the sex be the same, the older; and
Q: What are the two kinds of persons? Distinguish one from the other. 5. If one be under fifteen (15) or over sixty (60), and the other between those
ANS: Persons are classified into natural and juridical persons. The two may be ages, the latter is deemed to have survived (RULES OF COURT, Rule 131,
distinguished from each other as follows: Sec. 3 [11]).

Natural Person Juridical Person Q: Who are "juridical persons"?

ANS: The following are juridical persons:
As to Existence Has physical existence Exists only in contemplation of law 1. The State and its political subdivisions;
2. Other corporations, institutions and entities for public interest or purpose,
As to Creation Product of procreation i Product of legal fiction created by law: their personality begins as soon as they have been
(JURADO, Civil Law Reviewer (2009), 77). constituted according to law; and
3. Corporations, partnerships and associations for private interest or purpose
Q: When does civil personality commence? to which the law grants a juridical personality, separate and distinct from that
ANS! The civil personality of the child shall commence from the time of his conception of each shareholder, partner or member (CIVIL CODE, Art. 44).
for all purposes favorable to him, subject to the requirements of Article 41 of the Civil
Code (RD Na 603, Art, 5) Q: What are the rights of juridical persons?
ANS: Juridical persons may acquire and possess property of all kinds, as well as incur
obligations and bring civil or criminal actions, in conformity with the laws and regulations
of their organization (CIVIL CODE, Art. 46)
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CAPACITY TO ACT
CIVIL LAW
San Baca Law-ROOT Bar Operations Center I
BEDAN RED BOOK
Volume ii Series of 2020/21

Q: How is residence different from domicile?

<411I
0: What is meant by "juridical capacity" and "capacity to act"? ANS: Residence means actual residence, in contrast with domicile, which pertains to a
ANS: Juridical capacity, which is the fitness to be the subject of legal relations, is permanent abode. Note, however, that both terms imply a relation between a person
inherent in every natural person and is lost only through death. Capacity to act, which is and a place. Determining which connotation applies depends on the statue in which it is
the power to do acts with legal effect, is acquired and may be lost (CIVIL CODE, Art. found. When pertaining to the exercise of civil rights and fulfilment of civil obligations,
37). residence pertains to a place of abode, whether permanent or temporary, or as the Civil
Code aptly describes it, a place of habitual residence. In election law or in the exercise
Q: Distinguish juridical capacity from capacity to act. of political rights, "residence" is synonymous with "domicile' (Poe-Llamanzares v.
ANS: The distinctions are the following' Commission on Elections, G R No 221697 (Notice), April 5, 2016).
JURIDICAL CAPACITY vs. CAPACITY TO ACT
Ct: What is the domicile of natural and juridical persons?
Juridical Capacity Capacity to Act ANS: For the exercise of civil rights and the fulfillment of civil obligations, the domicile
As to Definition Fitness to be the subject of 1 Power to do acts with legal effect of natural persons is the place of habitual -esidence (CIVIL CODE, Art. 50). When the
legal relations law creating or recognizing them, or any other provision does not fix the domicile of
juridical persons, the same shall be understood to be the place where their legal
AS to Inherent Acquired through the fulfillment of representation is established or where „they exercise their principal functions (CIVIL
Acquisition CODE, Art. 51).
,N •spe.ciftc legal activities
AS to Loss 0,2If
(if'
Throgo <:125i and other causes Note: A corporation is in a meliA sense a resident of the place where its
principal office is located as stat tv 'articles of incorporation (Young Auto Supply
As to Limitation Co. V. CA. G.R. No. 104175. June15, .
Artidtls 3.8'shd 9 of the Civil Code
L
In Relation to i xist;lA
' fithout capacity. Exists alwayf w uridical capacity - 144 OOUPLAVOITI AT
the Other Eon
(1 PARAS, Perpopesupra at 22)
Q. What is "violence abainat women and children" (VAWC) as defined under R A.
Q: What are the restrictions on the capacity to act?AMI2D-P No. 9262 (Anti-Vio0ciAiaNit WomeTand Their Children Act of 2004)9
ANS: The re4ritionS on the capacity to act are the fdiloiving: , ANS: "Vio/enc,g3dainst war&n and tbeir;Ehildren"refe0 to any act or a series of acts
1 Mintooty: 1 committed by1 persOn against a woman who is hislwife, former wife, or against a
woman with %0WI' the person has,-or had 1a sexual aTitinShip. or with whom
2. Insaniti or Imbecility, --- I i he has a common child,,oriAlainst-her ctOtcl whether 1 1t riItegitimate, within or
3. State, of being Deaf-mute. (See CIVIL CODE, Arts. 807, g20, 1048, 1327121
, . without the famif'9,10,1g ich result in or is likely to result in physical, sexual,
1390,'tand 140,3131).
4. Prodidality- and psychological harm 'Or suffering, or econorric abuse (R A No. 9262, otherwise known
5. interdiction (See...PAMILY_CODE. Arts'. 79.„. 1 5(11 142131 230, CIVIL as Anti Violence Agains‘Wodien and Theft:cocci* r of 2004, Sec. 3(a))
CODE. A 38 - • ,
A l• Q: What is a "dating rtonshit under R.A. 9262?
Q: What are the circumstNarites„that mo\ dffyiVr•liqljt.capacity to act? ANS: "Dating relationship"..refarto a situation wherein the parties live as husband and
(IF-1-PAID-TAPA) wife without the benefit Oftabarriage or are romantically involved over time and on a
ANS: The circumstances that modify or limit capacity to act are insanity, Family continuing basis during the course of the relationship. A casual acquaintance or ordinary
relations (See FAMILY CODE, Art 87; CIVIL CODE, Arts. 1109, 1490), Imbecility, socialization between two individuals in a business or social context is not a dating
Penalty, _.kge. Insolvency, State of being Deaf-mute, Trusteeship, Alienage, Prodigality, relationship (RA. 9262, Sec. 3(e)).
and Absence (CIVIL CODE. Art. 39).
CI: What is a "sexual relationship" under R.A. 9262?
Q: What is the extent of a woman's capacity to act? ANS: "Sexual relations" refers to a single sexual act which may or may not result in the
ANS: Women of legal age, regardless of civil status, shall have the capacity to act and bearing of a common child (RA. 9262, Sec 3(t)).
enter into contracts which shall in every respect be equal to that of men under similar Note: Since the law distinguishes between a sexual relationship and a dating
circumstances. In all contractual situations where married men have the capacity to act, relationship, the dating relationship that the law contemplates can, therefore, exist even
married women shall have equal rights (RA No. 7192. otherwise known as Women in without a sexual intercourse taking place between those involved (Ang y Pascua v.
Development and Nation Building Act Sec 5) Court of Appeals, G.R. No. 182835, April 20. 2010).

DOMICILE AND RESIDENCE OF PERSONS Q: Who may be victims of VAWC?

Q: What is domicile? ANS: The following may be victims of VAWC:
ANS: Domicile means the permanent home, and it connotes the place to which, 1. A person's wife;
whenever absent for business or pleasure no matter how long, a person intends to 2. A person's former wife;
return (Ong Huan Tin vs. Republic, G.R. No. L-20997, April 27, 1967). 3. A woman with whom a person has or had a sexual or dating relationship,
4. A woman with whom a person has a common child: and
 CIVIL LAW I
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fiEmFfSeneks
e
oRED BOOK 20/21

5. A child of the women enumerated anove, legitimate or illegitimate, within or 1. Barangay protection order - issued by the Punong Barangay ordering the
without the family abode (R.A. 9262 Sec. 3(a)) perpetrator to desist from committing acts under Sec. 5 (a) and (b) (R.A.
9262, Sec. 14);
Q: What is "psychological violence" against victims of VAWC under R.A. 92627- 2. Temporary protection order - issued by the court on the date of filing of the
ANS: "Psychological violence" refers to acts or omissions causing or likely to cause application after ex parte determination that such order should be issued; a
mental or emotional suffering of the victim such as but not limited to intimidation, TPO is effective for thirty (30)days (R.A. 9262, Sec. /5); and
harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal 3. Permanent protection order - refers to protection order issued by the court
abuse and mental infidelity. It includes causing or allowing the victim to witness the after notice and hearing (R.A. 9262, Sec. 16).
physical, sexual or psychological abuse of a member of the family to which the victim
belongs, or to witness pornography in any form or to witness abusive injury to pets or to Q: What rights may a victim of gender-based sexual harassment avail of during
unlawful or unwanted deprivation of the right to custody and/or visitation of common prosecution of the offense in court?
children (R.A. 9262, Sec. (C)). ANS: The following rights may be availed!
1. Confidentiality- At any stage of the investigation, prosecution and trial of an
Q: What does economic abuse against victims of VAWC include? offense under this Act, the rights of the victim and the accused who is a
ANS: Economic abuse includes the following a1s minor shall be recognized; and
1. Withdrawal of financial kupport...or preventing the victim from engaging in 2. Restraining Order- Where a opriate, the court, even before rendering a
any legitimate profesSiOn. occupation _business or activity, except in cases final decision, may issue 'rder directing the perpetrator to stay away
wherein the ptffer Sppuseipartner objects.. on, valid, serious and moral from the offended per distance specified by the court, or to stay
grounds asnefined ie Allicle-74-etthe,F.amip Code; away from the resider I, place of employment, or any specified
2... Depnvatiefror thtept=drieprivation of'fin cral residcces and the right to the 'place frequented by tftp‘ person (R.A. 11313, otherwise known as
use and e'lliey,m6nt.„..cif- the' -65fIlugat, coirnAty 6k, property owned in the Safe Spaces Act, Se
t • • „;,
.".., ''.k..,. ,"'
1 ..)
3. Des, °yin§ ouse old propertyf and Q: What are the special provisional rem dies under IfttgIily Courts Act?
4 Co rolling tims' own money or pr ly controlling the ANS: The following arOhe special prgi )srnal remedies unet he Family Courts Act:
,
ney or OTO-Perlies "(R-A: 92E2, - !c. 3 1. In cases ofoiriolence
, . . arilcingi mediate family pmbers living in the same
domicile criii•hot.tsebofd, the miry Court rni fy a restraining order
/ k i against4ie aikliaed of d dant upon verjfied application by the
Q: Who has lawful-custody of children in VAWC capes?
ANS: The wonc 44ik"tim'.'Ef' ence shall-be entitled,itqiPie c tody' d support of her coMPtinant,oz.fne victim for r i from abus - i
child/children. hildren\b. ehpW.:„s ven (7) years old di' dider b AwittYrpental or physical 2 The-,'court,rn " ,:art-.1er the tem ry oust civil actions for
disabilities shallLatitto) ticaltir..fie iven toithe mother With r' ht tcifstipport, unless the their'custod
court finds compVing reeson'sto or°0%hprwise). 3 The dok,&d, m pendente lite, ing deduction from the
salary 4013se and other properties in all civil actions for
A victim w o is su ng frorrilia_ete6womari synfifome s II not be disqualified
support ai.4 83 the Family Courts Act of 1997, Sec.
from having custodysz af:er c tzdy of inor children be given
7).
to the perpetrator of wo. 'S- stiffering from.,Battere oman syndrome (R.A.
No. 9262, Sec. 28). Nk,
"red.RR6qE1
Q: What are the remedies avairablel v c &let AWC? REQUISITES
ANS: Republic Act No. 9262 specifies three (3) distinct remedies available to victims of
acts of "violence against women and their children" Q: What are the requisites of a valid marriage?
1. A criminal complaint (R.A. 9262, Sec. 6) ANS: The requisites of a valid marriage are the following:
2. A civil action for damages (R.A. 9262, Sec. 36);
Essential Requisites Formal Requisites
3 A civil action for the issuance of a protection order (R.A. 9262, Sec. 8;
(FAMILY CODE, Art 2) (FAMILY CODE, Ad. 3)
Pay/ow v. Mendenilla. G.R. No. 181489, April 19, 2017).
Note: Victims of VAWC also have the right, among others, to avail of all legal remedies I. Legal capacity of the contracting parties 1. Authority of the solemnizing officer;
and to support as provided under the Family Code (R.A. 9262, Sec. 35101). a. Must be a male and a female; 2. Valid marriage license;
b. Must be eighteen (18) years old or 3. Marriage ceremony where the
Q: What is a "protection order" under R.A. 9262? above; contracting parties appear before
ANS: A protection order is an order issued under this act for the purpose of preventing C. Not under any impediment the solemnizing officer, with their
further acts of violence against a woman or her child specified in Section 5 of this Act mentioned in Arts. 37 (incestuous personal declaration that they take
and granting other necessary relief (R.A. No. 9262 Sec 8) marriages) & 38 (marriages void for each other as husband and wife in
public policy); and the presence of not less than two
Q: What are the kinds of protection orders under R.A. 9262? (BTP) 2. Consent freely given in the presence of (2) witnesses of legal age
ANS: The protection orders under R.A. 9262 are a solemnizing officer
 CIVIL LAW I
San Bede Law-ROOT Bar Operanons Center
BEDAN RED BOOK
Volume II series of 2020/21

Q: What is the effect when there is absence, defect, or irregularity of any of the 5_ Commander of a military unit, in the absence of chaplain, provided:
formal or essential requisites? a. He is a commissioned officer — rank should start from second
ANS: The effects are. lieutenant, ensign and above (Webster Dictionary, 1991 Edition); and
b. Only in cases of marriage in articulo mortis between members of the
Absence of any of the Defect In any of the Irregularity in the formal armed forces or civilians within the zone of military operation (FAMILY
formal or essential essential requisites requisites CODE, Art 32).
requisites 6 Consul generals, consuls or vice—consuls of the Republic of the Philippines
It does not affect the validity of abroad, provided:
GR: Marriage is void ab Marriage is voidable
a. Only in cases of marriage between Filipino citizens abroad;
Tokio (e.g. consent obtained the marriage but the party
b. The marriage ceremony is in accordance with Philippine laws (CIVIL
Exception: Where either through force and responsible for such irregularity
may be held civilly, criminally CODE, Art. 17);
or both parties believed intimidation). c. He also performs the duties of the local civil registrar: and
in good faith that the and administratively liable (e.g.
d. Consuls on home assignment in the Philippines cannot solemnize
solemnizing officer has absence of two witnesses of
marriage (FAMILY CODE Art. 10).
legal authority to perform legal age).
marriages (FAMILY Exception! The marriage is Q: What are the authorized venues of marriages?
CODE, Art 35. par. 2) oidable where contracting party ANS: The following are the authoriz 'hues of marriage:
is 1 years old or over but below '1. Chambers of the judge; n court;
21 y)1tlout the consent of the 2. Church, chapel or te
Paren rEAMIL Y CODE, Art 4) 3_ Office of consul—geneT vice—consul (FAMILY CODE, Art 8)

0: What are the exceptions to rages?

Q: What is a "Ceftifidat of Oompliance?
ANS; In the following ins' the ted in other venues than
ANS: A Certif4te Of1', omp,tance is a da'curnent issued r frep the local Family
those provided above:
Planning Office _certifying that JhflyilasLickly_ received aeqtiak instructions and
1. Marriage i o mortisle-
information on ses5onsible parenthood, family planning, breastfeeding and infant 2. Marriage I s. - tiacei; an
nutrition (R.A 0354, Sec. 15)
3. Marria a a or place gnated by le in a sworn statement
"t to effect th e quest of riles, to the solemnizing
Q: What is the ettectpf the.-faiture_topresent aCetiflcäe o, Coniilliance'
-,COD Art, 8)
ANS: No maritagf liCense shall be issued by the.Local ivi egistrar unless the
applicants present a C8rtificate oitompliabce (R/'>W354, Sec 15)..1 Q: Who is authorized)io age licen
,,
ANS: The Local municipality where either of the contracting
Q: Who are authorized td-solerrthize.rnarriageti, parties habitually r es Q, t where no license is required by law, is
ANS: The persons' authoriied.to•sOternni*marriage 're the forowing: the person authorized tcri,issu, 'a valid marr FAMILY CODE, Alt 9)
1. Priest, rabt?i, irryirn,'Or,mirlisters-of ap,y0C urCh-orieligious sect, who must
be: . Q: What is the period for the validity of a marriage cense?
a. Duly authorized by nis Arch,* religious sect; ANS: The license shakbe valid' in any part of the Philippines for a period of one
b. Registered with the office,. of ttre,,Civil 'registrar general: hundred twenty (120) daYs4r* the date of issue, and shall be deemed automatically
c. Acting within the limits of the written authority granted; and cancelled at the expiraton of the said period if the contracting parties have not made
d. At least one of the parties belongs to the solemnizing officer's church or use of it (FAMILY CODE, Art, 20).
religious sect (FAMILY CODE, Art. 7, par; 2).
2_ Municipal and city mayors (LOCAL GOVERNMENT CODE, Secs, 444 Q: What is the rule when either or both of the contracting parties applying for the
(b)(1)(Kwii) and 455 (b)(1)(xvifi)); issuance of a marriage license are citizens of a foreign country?
ANS: When either or both of the contracting parties are citizens of a foreign country, it
Note: The term 'Mayor" includes a Vice-Mayor who is the "Acting Mayor" or
shall be necessary for them to submit a certificate of legal capacity to contract marriage.
a vice mayor who is merely acting as a Mayor (People v. Bustamante. G.R.
issued by their respective diplomatic or consular officials, before a marriage license can
No. L-11598, January 27; 1959).
be obtained. Stateless persons or refugees from other countries shall, in lieu of the
3. Incumbent members of the judiciary within their jurisdiction: certificate of legal capacity herein required, submit an affidavit stating the circumstances
4. Ship captains or airplane chiefs: showing such capacity to contract marriage (FAMILY CODE, Art. 21).
a. Only in cases of marriages in articulo mortis between passengers or
crew members: and Q: What are the exceptions to the requirements of a marriage license?
b. During the voyage, while the plane is in flight or the ship is at sea and (0-CRAMZ-5)
during stopovers at ports of call (FAMILY CODE, Art, 31) ANS: There is no marriage license required in the following instances:
Note: Assistant pilot has no authority to solemnize a marriage even if the 1. Marriages solemnized Outside the Philippines where no marriage license is
airplane chief dies during the trip (STA. MARIA, Persons and Family required by the country where they were solemnized (FAMILY CODE, Art,
Relations (2015). 142 [hereinafter STA. MARIA, Persons]) 26, par. 1);
ID> 2
CIVIL LAW I
San Bede Law-RGCT Bar Operations Center

Marriage in articulo mortis between passengers or Crew members may be

I BEDAN RED BOOK
Volume I Series of 2020/21

Note: Marriage by proxy solemnized in the Philippines is void (STA. MARIA, Persons,
solemnized by a ship captain or by an airplane pilot not only while the ship is supra at 136).
at sea or the plane is in flight, but also during stopovers at ports of call
(FAMILY CODE, Art 31); MARRIAGES CELEBRATED ABROAD
3. In Remote places, provided that the residence of either party is so located
Q: When is a marriage solemnized outside the Philippines valid?
that there is no means of transportation to enable them to personally appear
ANS: All marriages solemnized outside the Philippines, in accordance with the laws in
before the local civil registrar (FAMILY CODE, Art. 28);
force in the country where they were solemnized, and valid there as such, shall also be
4_ Marriage in ArticuIo mortis, which remains valid even if ailing party
valid in this country (FAMILY CODE, Art. 26).
subsequently survives (FAMILY CODE, Art 27);
5, Among Muslims or members of ethnic cultural communities solemnized in
Q: When is A marriage solemnized outside the Philippines not valid?
accordance with their customs, rites, and practices, provided they are
ANS: The following marriages solemnized outside the Philippines are not valid:
solemnized in accordance with their customs, rites or practices (FAMILY
1. In case a Filipino contracts a foreign marriage which is null and void in the
CODE, Art. 33);
place where it was solemnized, the same shall also be null and void in the
6. Marriage in articulo mortis between persons within the Zone of military
Philippines even if such was valid if celebrated under Philippine laws;
operation, whether members of the armed forces or civilians may be
2. Foreign marriages shall not be recognized in the Philippines if: (18B-
solemnized by a milltaj,,.cocaander of a unit, who is a commissioned
MAPIP)
officer (FAMILY COkt , Art. 62)7and _
a. Contracted by a who is below eighteen (1_§.) years of age
7. Marriage between'a man and eWor4ri hortaye lived together as husband
(FAMILY CODE, 1);
and wife for /last fi .,4 years apd`without'‘iectial impediment to marry
b. Bigamous or p xcept as provided in Art. 41 (FAMILY
each othef,(FA 161 .ZODE, Art. 34) ,
CODE, Art. 35, pa
Q: What are the requfsices' to exempt a man and c. Contracted throw the identity of the other
n\jiving together as
husband and wife WorivProcuring i'marriage licens'e? ( A4) (FAMILY CODE, Art r 5);
ANS: The requisites fof such exemption are the follovidpg: d. Contracted following th Annulment or declaration of nullity of a
1. Thd rhe.n 4nd woMarrmast have been living toge 'et as iiusband and wife previous marriage b e partition (FAIT ODE, Art 35, par. 6);
for atlea‘sf five (51 years-before the marriag' : t e Void detpl'sych gica capacity (FAIL CA2DE, Art 36);
2, The parties must have Ni'o legal•impedimen to marry oacn _ f I ncesteoue,(FAIM/L Y CO Art 37); ancy •
other;
3, The 'fact bf ab'S-ence of legal impedime rbietwepn the,parties must be g „Vara for reasOns"of ELsbli licy (PAM! C 38).
Prese,nt-at‘the tiffre 'griT.—
arridger
4. Th4jartiekmus*t'eXecute an Affloavit,gtating that they•have lived together FOREIGN DIVORCE '
for at least five (5)' Years (and are wlfhOet legaipmpedilient to marry each Q: When is divorce„procured abroad r razed in the pines'?
other)i and , : • •, ANS: Divorce prod& abrO4d is al ;) r• itnized in the Philippines;
5 The sOtemnizirikofficef 7rnuSt execute% a orn s foment that he had 1. Between'two aliens - If vali r ational laws even if marriage was
ascertained the gdaliCcations-ofjhe p'arti ankth he had found no legal celebrated i 3ërPhilip f ine .
impedimen\to4hejti O'rriage,-(.4kilarlanq:4 Spéhez, A.M. No. MTJ-00- 2. Betwee ies wh znifkiquiaaiiltak; e time of celebration of the
1329, March 8,,..2001,),1 marriaoe be later of them becomes naturalized as a foreign citizen
•
• and obtains gdrupge decree - The reckoning point is not the Citizenship of
Q: Should the absence of a legal-impediment as provided in the preceding
the parties at The time of the celebration of the marriage, but their
question be for the entire five-year period of cohabitation? citizenship at the time a valid divorce is obtained abroad by the alien spouse
ANS: Yes, this five-year period should be the years immediately before the day of the capacitating the latter to remarry (Rep. v. Orbecido III, G.R No. 154380,
marriage and it should be a period of cohabitation characterized by exclusivity - October 5, 2005).
meaning no third party was involved at any time within the five years and continuity -
3. Between a Filipino and an Alien - If there is a:
meaning that the five-year period is unbroken (Nina! v. Bayadog, G.R. No 133778, a. Valid marriage celebrated between a Filipino citizen and a foreigner
March 14, 2000). and
Q: Is there a necessity for a prescribed form or religious ceremony in order for a b. Valid divorce obtained abroad by the alien spouse capacitating him or
her to remarry, the Filipino spouse shall likewise have capacity to
marriage to become valid?
ANS: No prescribed form or religious ceremony for the solemnization of the marriage is remarry under Philippine law (FAMILY CODE, Art. 26, Par 2)
required. It shall be necessary, however, for the contracting parties to appear personally Note: Whether the Filipino spouse initiated the foreign divorce proceeding
before the solemnizing officer and declare in the presence of not less than two or not, a favorable decree dissolving the marriage bond and capacitating his
witnesses of legal age that they take each other as husband and wife (FAMILY CODE, or her alien spouse to remarry will have the same result: the Filipino spouse
Art. 6). will effectively be without a husband or wife. Thus, the foreign divorce is
Note: The mere private act of signing a marriage contract, without a duly authorized recognized whether it is the Filipino or alien spouse who obtains the divorce
solemnizing officer, bears no semblance to a valid marriage and thus, needs no judicial (Republic v. Menai°, G.R. No, 221029, April 24, 2018).
declaration of nullity. Such act alone cannot be deemed to constitute an ostensibly valid
marriage (Morigo v. People, G.R. No. 145226, February 6, 2004).
 CIVIL LAW I
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Volume I I Series of 2020/21

VOID MARRIAGES 3. Incurability - Must be incurable or, even if it were otherwise, the cure would
Q: What are considered void marriages? (18-ALBI-53) be beyond the means of the party involved (Santos v Court of Appeals.
ANS: The following marriages shall be void from the beginnino: G.R. No. 112019, January 4, /995).
1. Those contracted by any party below eighteen (18) years of age even with
the consent of parents or guardians; Q: What are the things to be considered in invoking and proving psychological
2. Those solemnized by any person not legally Authorized to perform incapacity?
marriages unless such marriages were contracted with either or both parties ANS: The jurisprudential guidelines for proving psychological incapacity are
believing in good faith that the solemnizing officer had the legal authority to 1. Plaintiff has burden of proof;
do so; 2. Root cause of the psychological incapacity must be
3. Those solemnized without License, except those covered the preceding a. Medically or clinically identified:
Chapter; b Alleged in the complaint.
4. Those Bigamous or polygamous marriages not failing under Article 41; c. Sufficiently proven by experts; and
5. Those contracted through mistake of one contracting party as to the Identity d. Clearly explained in the decision.
of the other; and 3, Incapacity must be proven to be existing at the time of the celebration of
6. Those subsequent marriages that are void under Article 53 (FAMILY CODE, marriage;
Art. 35). 4. Incapacity must be permanent -or incurable;
5 Illness is grave enough to -rig about disability to assume essential marital
The following marriages ll bdçnd ui te begjnning for reasons of public obligations;
policy: (CSI-APSLAK),7‘I-- ' - 68-71, 220,221 and 225 of the Family
6, Marital obligations refgr
1. Between ollateral .bltgOd relatives w1Tëtl r legiffm e or illegitimate, up to
Code;
the fourth -,„ 7. Interpretations of the liar Matrim I Tribunal of the Catholic
2. Betwe' Btep/Pare-nts and st6p=chitdren; A — Church of the Phlippin • i .:"411:;P•-%i.!Ji,,t. should be given great
3 Between ntsih-law arid children-in-law; respect; and
4. BetWeen th AdoPting parent and the adopted ch 8. Trial court qtUstorder th fesecuting attome fiscal and the Solicitor
5. Betiveeirt e survFfTgibbilietiTtliTidifipffilg Par 1 g e adopted child; General toV.ppar for th State (Republic v a, G.R. No. 108763,
6. Betw6enf the SurvvingdpoUse-of'thead`opted child d th adopter, February 10019
7. Betweeaan adoptTd child 'and-ategitimatrIfchild o evad pter; ,
8 Between, Adopted children Of 'the" sa me..a.4otlter:,-- and '..,'‘.
Q: Is there a requirem4lhat the 43,13Un be perso fIly ., amiqed by a physician
9. Betieemparties'ivihe,re ona„.wIth „Ole ;i tieen,tioktfo n/ tfrJ other, Killed that to be declar ' -,Sifctiolo Ily iftcapacittated if ev" is sufficient?
othf ptrSN's spOius&or his or tfer-o ( AMIL CODE, Art. 38), ANS: There is: no r 1, ient . t the, person i psychologically
=i
Void marriages arsp, include4'.fP1W-B) „e, incapacitated bett..msdl) r examined
r •,
§* a physician, i e totality of evidence
1. Marriasge contracted by ,..ertY:*:garry.-Ab, at ttjtime o e celebration, was presented is enougWrsCst a finding sychological incapacity (Marcos v. Marcos,
Psycholivically 'paelt40t.N.1€6 0n1 e essential marital G.R. No, 136940, Oeto lgtf 000)
obligationetzliih9 becomes manifest only
after its sole izattdn)1FA Q: What is the presc efense of declaration of
2. Marriages between the to stuous and void from the nullity of marriage?
beginning, whether een the parties be legitimate or ANS: The action or de the declaration of absolute nullity of a marriage does
illegitimate: not prescribe (FAMILY CO rt. 39, as amended by R.A. No. 8533).
a. Between ascendants and descendants of any degree; and
b. Between brothers and sisters, whether of the full or half blood (FAMILY Q: When is a judicial declaration of nullity of marriage necessary?
CODE, Art 37). ANS: It is necessary to obtain a final judgment declaring such previous marriage void
3. Marriage subsequently contracted Without a judicial declaration of nullity of because a subsequent marriage without such declaration of nullity of the previous
the previous marriage (FAMILY CODE, Art. 40); marriage is in itself void ab initio in accordance with Articles 40, 52, and 53 of the Family
4. Subsequent marriage under Article 41 where both spouses acted in Bad Code (STA. MARIA, Persons, supra at 292). For other purposes, such as but not limited
faith (FAMILY CODE. Art. 44). to determination of heirship, legitimacy or illegitimacy of a child, settlement of estate,
dissolution of property regime, or a criminal case for that matter, the court may pass
Q: What are the requisites for psychological incapacity to be a proper ground for upon the validity of marriage even in a suit not directly instituted to question the same so
declaration of nullity of marriage? (GAI) long as it is essential to the determination of the case (Ninal v. Bayadog, G.R. No.
ANS: In order for psychological incapacity to be a proper ground for the declaration of 133778, March 14, 2000)
nullity of marriage, the following requisites must be present:
1. Gravity - must be grave or serious such that the party would be incapable of Q: What is the status of a marriage contracted during the subsistence of a
carrying out the ordinary duties required in a marriage; previous marriage?
2. Juridical Antecedence - Must be rooted in the history of the party antedating ANS: The general rule is that any marnage contracted by any person during the
the marriage, although the overt manifestations may emerge only after the subsistence of a previous marriage shall be null and void (FAMILY CODE, Arts 41 and
marriage; and 35, par, 4).
 BEDAN RED BOOK
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Q: When may a marriage contracted during the subsistence of a marriage be

Volume i i Senes of 7020/21

VOIDABLE MARRIAGES
considered valid? Q: What are the instances of annullable marriage? (No-IF-VC)
ANS: The following marriages contracted during the subsistence of a mamage are ANS: A marriage may be annulled for any of the following causes existing at the time
valid of the marriage:
1 Before the celebration of toe subsequent marriage, the prior spouse had
been aosent for four consecutive years and the spouse present has a well- Grounds Party to File the Suit Prescription Period Ratification
founded belief that the absent spouse was already dead; or
2 In case of disappearance where there is danger of death under the No parental Parent or guardian Any time before no- Free cohabitation
circumstances set forth in the provisions of Article 391 of the Civil Code, an consent having legal charge of consent party reaches after attaining age of
absence of only two years shall be sufficient (FAMILY CODE, Art. 41) no-consent party age of 21 21

No-consent party Within 5 years after

Q: What must the spouse present do to be able to contract a valid subsequent
marriage? attaining 21
ANS: For the purpose of contracting the subsequent marriage under the preceding Insang.y Sane spouse without At any time before Free cohabitation of
question, the spouse present MUST institute a summary proceeding as provided in this knowledge of insanity death of either party insane party after
Code for the declaration of presumpjjye.,,doath ,cathe absentee, without prejudice to the insane party comes
effect of reappearance of the.abstglit spouse (Fai ODE, Art. 41). The Family Code Relative, guardia any time before to reason
prescribes a 'well-founded-eeliee that the absentee dy dead before a petition for person having h of either party
declaration of presumptiv 'Oehth-can,be-grant G.R. No. 94053, charge of insane
March 17. 1993) .-'

Q: What is th effectr o reappearance .of o was declared

presumptively dead,
ANS: A subseiiuent marriage shall only be terminate (2fOr .ng of the Affidavit Fraud ithin 5 years Free cohabitation
of Reappearare ,„Df fhe abie-nt-SProuSe.; unleS-s- e ud nt annulling the discovery of fr u after having full
previous marriage or ileciaring it vtild ab 'Mho (FAMILY knowledge of fraud

Vitiated ureUerty in 5 ye cohabitation

Q: What are the effectS ,e,_termination of_a_ . .gbkeltren marr ge due to the
consent the force or
reappearance tof abSent\spouse and hisi t ,recorOing,olb an affidavit of
• 'dation, 'dation Or
reappearance?
ence disap ndue influence has
ANS: Such terrnination; shall prodUpe.,the following *pets
ased ceased Or
I The Children Of the subSegueat marriage con ived prior to its termination disappeared
shall beconsidered
2 The absolute comniugit -of property or, ,coOLigal,partnership, as the case fter Cannot be ratified
Incapability to Injure
may be, shall dlssoItidand1iotriaa, 8;)„ b,ut "either spouse contracted Cc nsummate/ the marriage (but action
said marnagein bad: faith. \his q at of the net profits of the sexually ceremony prescribes)
community propeity., oLconjugal pa'rteNlip property shall be forfeited in transmissible
favor of the common chiliTrafror, if there are none, the children of the guilty disease
spouse by a previous marriage or in default of children, the innocent
spouse; (FAMILY CODE, Arts 45 and 47)
3. Donations by reason of marriage shall remain valid, except that if the donee
contracted the marriage in bad faith, such donations made to said donee are CI: What constitutes fraud as a ground for annulment of marriage under the
revoked by operation of law. Family Code?
4. The innocent spouse may revoke the designation of the other spouse who ANS: The following circumstances shall constitute fraud:
acted in bad faith as beneficiary in any insurance policy, even if such 1. Non-disclosure of a previous conviction by final judgment of the other party
designation be stipulated as irrevocable: and of a crime involving moral turpitude;
5 The spouse who contracted the subsequent marriage in bad faith shall be 2. Concealment by the wife of the fact that at the time of the rnamage, she was
disqualified to inherit from the innocent spouse by testate and intestate pregnant by a man other than her husband:
succession (FAMILY CODE. Art 43) 3_ Concealment of sexually transmissible disease, regardless of its nature,
existing at the time of the marnage; or
Q: What is the effect if both spouses of a subsequent marriage acted in bad faith? 4. Concealment of drug addiction, habitual alcoholism or homosexuality or
ANS: If both spouses of the subsequent marriage acted in bad faith, said marriage lesbianism existing at the time of the marriage.
shall be void ad Indio and all donations by reason of marriage and testamentary Note: No other misrepresentation or deceit as to character, health, rank, fortune or
dispositions made by one in favor of the other are revoked by operation of law (FAMILY chastity shall constitute such fraud as will give grounds for action for the annulment of
CODE, Art 44), marriage (FAMILY CODE, Art, 46).
 CIVIL LAW
San Becla Law-RGCT Bar Operations Cente. I Volume ries
2,ED BOOK
The enumeration in Article 46 is EXCLUSIVE (Anaya v. Palaroan, GR No L- -3. Attempt of the respondent to Corrupt or induce the petitioner, a common
27930, November 26, 1970). child, or a child of the petitioner, to engage in prostitution, or connivance in
such corruption or inducement
Q: What are the requisites for annulment of marriage due to impotence? 4_ Final judgment sentencing the respondent to imprisonment of more than six
(Not-U-PIE) (t) years even if pardoned;
ANS: The requisites for annulment due to Impotence are: 5. Sexual infidelity or perversion,
1. The other spouse must Not also be impotent: Note: Sexual perversion includes engaging in such behavior not only with
2. The impotence is Unknown to the other spouse; third persons but also with the spouse.
3. It is Permanent;
4. It is Incurable; and 6 Habitual Alcoholism or Drug addiction of the respondent;
5 It Exists at the time of the celebration of the marriage (STA. MARIA, 7 Contracting by respondent of a subsequent Bigamous marriage;
Persons, supra at 322-323). 8 Abandonment of the petitioner by the respondent without justifiable cause
for more than one year;
Q: What is the "Doctrine of Triennial Cohabitation"? Note: There must be absolute cessation of marital relations, duties, and
ANS: The Doctrine of Triennial Cohabitation declares the presumption that the rights with the intention of perpetual separation (Partosa-Jo v. Court of
husband is impotent should the wife still remain a virgin after living together with the Appeals, G.R. No. 82606, December 18, 1992)_ Abandonment implies total
husband for three (3) years. I ven band will have to overcome this renunciation of duties
presumption (STA. MARIA, rsojs sura at ci4n ompkins v Tompkins, 92 NJ.
Eq. 113:111 Ati. 599), <F.. 9. Attempt by the responslenpa t the Life of the petitioner; and
10. Lesbianism or homose)oia fr e respondent (FAMILY CODE, Art 55).
Q: What are the fff4ts, !Iffy or judgment of
annulment of a marx,iage? ,.• Q: What are the defenses evailal in actions for legal
._
ANS: The effe,c are:rfolldwing: separation? (MC4-PRD)
1, Eith r of t • forrner spOuses. may marry eget melying wi
with the ANS: The defendant tapeons for legal separation may a himself of the following
reqpirer5eri s of ice24EAMILiLCODE,4rt. 5 defenses:
2. Aso the Status Of the children the .gener41 rule i tivatic ildren conceived 1 Mutual guilt- r thereoboth" parties have given difor legal separation;
and born Outside Of a valid.rliatriage -are ill itimate The cep s are: 2 Condonatieti'ofAh'O'offense or act complainedpf
a -flOse conceiVed or'bdrribefarelhe j Art I andi.lment or absolute 3 Cow*1to comViSsion ot,offene or act co d
l, nufRA of the')'neffiage-tkider-Aftio/e,.4--(psy I incapacity) has 4 .c..g.t.141Yancettket_ween
‘,.„ parties Oficommissi ense or act constituting
tieorile final-add exeCutoty, Shell beOOnSided ate; and grburci,
b. Those \oncelVed..'ec.botri ,of the..s:ukseq ' uen marriage under Article 53 5 _ColIncion or,i4weementbe' tweeb two (2) ue of which one of
Failure IQ partitiq4iasa distjbtsprdpert- and liver the children's them or aPiaear4o commits or be represented as having
presumptive leditirkkys -Ise be I itimate FAMILY CODE, Art. committed an &fake which cog'stitutes a ground for legal separation:
, . . was not filed within five (5) years
54 . i 6. PrescriptiaUf a n, or wher
from the ti the FAMILY CODE, Arts. 56 &
The effects prOViq.ed4t..-)by art;‘-‘24,4 (Article 43 and by Article
57)
44 shall also apply in the - es t;n ari* a hlk4re declared void ab initio or
7. Reconciliati f the, ouses during the pendency of the case by filing in
annulled by final judgment un rticles 40bn-64 4
,---- the same pro tt iiog a joint manifestation under oath, duly signed by the
UNMARRIED COHABITATION spouses (FAMILY CODE, Art. 55); and
8. Death of either party during the pendency of the case (Lapuz Sy v. Eufemio,
Q: What is the legal significance of unmarried cohabitation? G.R. No. L-30977, January 31, 1972; AM, No. 02-11-11-SC. Sec. 21(4).
ANS: Although there is no technical marital partnership between persons living
maritally without being lawfully married, nevertheless there is between them an informal Q: Who may file a petition for legal separation?
civil partnership (Aznar v. Daney, G_R_ Nos. L-11483, February 14, 1958) There being ANS: A petition for legal separation may be filed only by the husband or the wife, as
no provision of law governing the cessation of such informal civil partnership, the same the case may be (A.M. No. 02-11-11-SC, Sec. 2).
may be considered terminated upon their separation or desistance to continue said
relations (Patemo v Paterno, G R No. 213687, January 8, 2020, See FAMILY CODE, Q: When shall the action for legal separation be tried?
Arts 147-148) ANS: An action for legal separation shall in no case be tried before six (6) months shall
have elapsed since the filing of the petition (FAMILY CODE, Art. 58).
1) LEGAL SEPAR.4T,Obl
Q: What are the grounds for legal separation? (RPC-6-SAD-BALL) Q: Is the cooling-off period applicable where violence as specified under R.A. No.
ANS: The grounds for legal separation are: 9262 is alleged?
1 Repeatea physical violence or grossly abusive conduct directed against the ANS: No. in cases of legal separation, where violence as specified in R A No. 9262 is
petitioner, a common child, or a child of the petitioner; alleged, Article 58 of the Family Code shall NOT apply (R.A. No. 9262, Sec 19).
2. Physical violence or moral Pressure to compel petitioner to change religious
or political affiliation;
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0: What are the effects of filing a petition for legal separation?

BEDAN RED BOOK
Volume I Senee o. 2020(21

Q: What is the effect of death of a party in a legal separation proceeding?

ANS: The effects of filing the petition for legal separation are: ANS: The effects of death of a party in a legal separation proceeding are:
1 The spouses shall be entitled to live separately from each other, or 1. Before entry of judgment - The court shall order the case closed and
2. In the absence of an agreement between the parties, the court shall terminated without prejudice to the settlement of estate proper proceedings
designate the husband, the wife or a third person to manage the absolute in the regular courts;
community or conjugal partnership property (FAMILY CODE, Art 61). 2. After entry of judgment - The judgment shall be binding upon the parties and
their successors in interest in the settlement of the estate in the regular
0: What are the effects of a pending action for legal separation? courts (AM, No 02-11-11-SC, Sec. 21).
ANS: During the pendency of the action and in the absence of adequate provisions in a
written agreement between the spouses, the court shall:
1_ Provide for the support of the spouses and the custody and support of littoliamotiNt4tiwaawasinolixAmitwiFE
common children, Q: What are the rights and obligations of the spouses?
2 Give paramount consideration to the moral and material welfare of the said ANS: The rights and obligations between husband and wife are.
children and their choice of the parent with whom they wish to remain; and 1 Essential marital obligations (FAMILY CODE, Art. 68)-
3 Provice for appropriate visitation rights (FAMILY CODE, Art. 49) a. Live together which includes consortium (cohabitation) and copulation
(sexual intercourse);
Q: What are the effects of a decroe-oftegal-s ation? (DADS-RID)
b. Observe mutual love c fidelity, and
ANS: The effects are the Vle‘otg:
c. Render mutual he
1. The absoluteecomintinity or the cohJ aVpatëss,hip shall be Dissolved and
liquidated/but the 'oNpdirrriPPUT ight to any share of the Note: Where th ons the conjugal abode with a justifiable
net prof"-„e.arriect4 the .alts,01.:Ote,pm conjugal partnership, cause, i.e. the hu ded that she perform lascivious acts. the
which .gball his
pfleffeitedli accordance Vith‘ th 9 s of Article 43(2); husband's oblig doe ot terminate (Camara v.
2 The ciietddy th1 minor Children Shall be %kw e innocent spouse, Campos Ru 2, 1916). But if such
subject toll* pro isions of Article 213 of thE Fa abando is without stifiable cause, t husband's obligation to
3. The'offenclifng sp use snail b&Disqualiftedrom iiieitit1igfrom the innocent es (Ar De Arroyo, G o. 17014, August 11,
spduseb intestate ,.succession lvtoreo r, pr in favor of the 1
su9P2P1).
offendin1: pouse . ade7in the will of- the irfriocent oouselshall be revoked 2 Fix the f (FAM1L CODE, Art. 6
bybola 1‘n otJa • " . 3. Jot e mily fA Y CODE, A
ii r:7-.
-,.. ,
4. The sPbttles shell a. entitled, to-live-,Separat.,ely h other, but the 4. M sehotd (FAM1 ODE, A
maknage i4onds4a*(rot be .seVered (F 'CO 63); and 5. N m acts wh anger, dishonor,
5 Aftet the finality ef;the'decree of leg ,I tio nt spouse may or injtcy to FAMI C Art. 72);
Rev* ,"'".,..:..-..."., 6 Eitherl practice an itimate profession/business, even without
a The desigeatiorr oftheietter_-,AS bene ary in A Insurance policy, the con ther (FAM CODE. Art. 73).
eveo if such"X_;signetiOnfbe stiNlate irrevo iole; as well as
Other obligation
b. Toe gionatipAradefi_rim dr„byt of the offending spouse
1. Exercise th uties r14 h rents (FAMILY CODE, Ail
(FAMILY..0 )ctit 64 .-\\
., • I ' ' '.., ''''', .k )*. 209);
0: What is the requirementlf, the,spebSes reconcile after the legal separation 2 Answer for c401.thk Ility arising from injuries caused by children below 18
decree has been issued? (CIVIL CODE, m. 18o, par. 2);
ANS: If the spouses had reconciled, a joint manifestation under oath, duly signed by 3. Exercise parental authonty over children's property (FAMILY CODE, Art.
the spouses, may be filed in the same proceeding for legal separation (A.M. No. 02-11- 225).
11-SC, Sec 23)
0: What is an exception to the rule that either spouse may exercise any legitimate
Q: What are the consequences of reconciliation between spouses? profession/business without the consent of the other?
ANS: Reconciliation between the spouses in a case for legal separation shall have the ANS: The other spouse may object to the exercise of a profession on valid, serious
following consequences: and moral grounds. In case of disagreement, the court shall decide whether:
1 The legal separation proceedings, if still pending, shall thereby be 1 The objection is proper; and
terminated at whatever stage, and 2. Benefit has accrued to the family before or after the objection (FAMILY
2. The final decree of legal separation shall be set aside, but the separation of CODE. Art 73).
property and any forfeiture of the share of the guilty spouse already effected
shall subsist, unless the spouses agree to revive their former property CI: What is the remedy of the present spouse in case of abandonment by the other
regime (FAMILY CODE Art 66) spouse or failure to comply by the latter with his or her obligation to the family?
ANS: The aggneved spouse may petition the court for:
Note: The Rules on Legal Separation AM No 02-11-11-SC, provides a procedure for 1. Receivership,
when the, spouses 'choose to adopt a regime of property relations different from that 2 Judicial separation of property; or
which they had prior to the filing of the petition for legal separation" (A.M No 02-11-11- 3 Authority to be the sole administrator of the absolute community/conjugal
SC, Sec 23(e)) partnership property (FAMILY CODE, Arts. 101 & 128).
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Q: When is a spouse deemed to have abandoned the other? Q: When can the marriage settlement be modified after the marriage ceremony?
ANS: A spouse is deemed to have abandoned the other when she has left the conjugal ANS: The marriage settlement can be made after the ceremony in case of judicial
dwelling without any intention of returning (FAMILY CODE, Art.101 & 128). separation of property during the marriage:
1 In case of revival of former property regime between reconciling spouses
Q: When is there a prima facie presumption of abandonment of the other spouse? after a decree of legal separation has been issued (FAMILY CODE, Arts,
ANS: Three (3) months disappearance or failure to give within the same period any 66-67);
information as to a spouse's whereabouts shall be prima facie presumption of 2. In case of abandonment or failure to comply with marital obligations
abandonment of the other spouse (FAMILY CODE, An`.101 & 128). (FAMILY CODE, Art, 128):
3, In case of judicial separation of property under Art 135 of the Family Code.
F. PROPERTY RE:LATIONS OF SPOUSES a. That the spouse of the petitioner has been sentenced to a penalty
which carries with it civil interdiction;
Q: What governs the property relations between husband and wife? b. That the spouse of the petitioner has been judicially declared an
ANS: The property relations between husband and wife shall be governed in the absentee;
following order: c. That loss of parental authority of the spouse of the petitioner has been
1. Marriage settlements executed before the marriage or ante nuptial decreed by the court;
agreements, d. That the spouse of the petitioner has abandoned the latter or failed to
2. Provisions of the Familr-COCg'"Absolate Community of Property [ACP] comply with his or hericaillations to the family as provided for in Article
(FAMILY CODE,'Art.• ,88) aad Corijadal Obperty of Gains [CPG) (FAMILY 101;
CODE, Art. .10-
1);And" e. That the spouseOfitell power of administration in the marriage
3. Local custmS\ whON,Ouse; ckteilabsofdte community (FAMILY settlement has ab.qt00 power, and
CODE Art,...74). f. That at the time Of tilipagte spousgs, have been separated in
fact for at least 'Prie'vo.' .earanTleArOljation is highly improbable
Q: When does ,the*p„ pertY regirrie • commence tc10.go etn?,the ;property relations
(FAMILY cp6E, Art 135)
between the sp,buses?
ANS: The proPerty:Jegime, Whether-ACP br...CFIG,-cor'amenceS...ata4 precise moment „
DONATIONS BY REASON OF MARRIAGE',
of the celebrationpf the marriage (FAMILY CODE, Art. 8 & 107)tm"1
' ,
Q: What are the requisites for a valid donation ree Of marriage? (BCF)
Q: What happens to the-ilipulations of-the mItriage Settletpent in case the ANS: A valid donation by reason of marriarie ;xis .
marriage does not-take 1. Made,Before'the celebration c arr. ge;
AS Everything Itipi4latedanthe settlements or cciRttects infarlid,eration of a future 2. In Consideration of marriape;ar
marriage including donations between the.fxdSpeCttg.t.spous'es made therein, shall be 3. In Favor of one or.bothrOf the fPti.ii e spouses AM/LY CODE. Art 82)
rendered void if Ahe marriage ,cioea.'net take..plate.:)-lowe,ver, stipplations that do not
depend upon tne celebration of the-marl-Ogee' sh-all.be valid (e.g. admission of paternity Q: What are the limitations in case of donati,on,by future spouses to each other?
of an illegitimate child) (FAMIL,y, CODE.-Art. 81). - .,-." ANS: The limitations are the .following: —
Note: In the absence of marriage settlement or when the*ime agreed upon is void 1 There must be a valid roarriage'settlemen :-.--,L
ACP shall govern (FAMILY CODE, 'Art 75) _ 2. The marriage settlement must stipulate a property regime other than the
_ - ACP: and .
Q: What are the requisites of a valid,marria-ge settlement? (B-Not2-FAWS) 3, Donation in the-Marriage settlement must not be more than one-fifth (1/5) of
ANS: The requisites are the following. his or her present property (FAMILY CODE, Art. 84).
1_ Made Before celebration of marriage;
Note: If such donation exceeds this limitation, only the excess is considered void but
2. Will Not prejudice third persons unless registered in the civil registry and the remainder remains to be vac (RABUYA, Persons, supra at 411).
proper registries of property;
3. Must Not contain provisions contrary to law, good morals, good customs, If the property regime is not ACP and the donation propter nuptias is not included
public order, and public policy, or against the dignity of either spouseT. Tri a marriage settlement but contained in a separate deed, the "not more than one-fifth
4. Shall Fix terms and conditions of their property relations; limitation will not apply. Instead, the general rules on donation shall govern (STA
5. Additional signatories/parties, that is, if made by civil interdictees and MARIA, Persons, supra at 446).
disabled, it is indispensable for the guardian appointed by court to be made
a party to the marriage settlement; Q: What are the grounds for revocation of a donation propter nuptias?
6 In Writing (even modifications); and (Not-P-ARAL)
7. Signed by the parties (1 PAPAS, Persons, supra at 535), ANS: The grounds are the following:
1. Marriage is Not celebrated or judicially declared void ab initio except those
Q: How may the marriage settlement be modified? made in marriage settlement that do not depend on celebration of marriage:
ANS: The marriage settlement may be modified through a modification 2. Marriage takes place without Parental consent, as required by law;
1, Made in writing; 3, Marriage is Annulled and donee is in bad faith;
2 Signed by the parties; and 4 Donation is with a Resolutory condition and the condition is complied with;
3. Executed before the celebration of the marriage (FAMILY CODE, Art. 77)
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5 Donee commits Acts of ingratitude as specified by Article 765 of the Civil ACP (Art. 94) CPG (Art. 121)
Code, and
6 Upon Legal separation, the donee being the guilty spouse (FAMILY CODE, Debts and Obligations Contracted During Marriage:
Art 86) 1. By the administrator spouse designated in the marriage settiement/appointed by
court/one assuming sole administration,
Q: Can one of the spouses donate to the other during their marriage? 2. By one without the consent of the other;
ANS: The spouses cannot donate to one another, since every donation or grant of 3. By one with the consent of other; or
gratuitous advantage, direct or indirect between the spouses during the marriage shall 4. By both spouses
be void. However, moderate gifts which the spouses may give each other on the 5. For 1 and 2, creditor has the burden of proving benefit to the family and ACP/CPG
occasion of any family rejoicing are valid The prohibition shall also apply to persons chargeable to the extent of benefit proven, otherwise, chargeable to the separate
living together as husband and wife without a valid marriage (FAMILY CODE, Art, 87). property of the obligor spouse
6. For 3 and 4, benefit to family is presumed.
ABSOLUTE COMMUNITY PROPERTY
All taxes, liens, charges and expenses including minor repairs upon ACP or CP
Q: What constitutes community property?
ANS: Unless otherwise provided by the law or in the marriage settlements, the Taxes and expenses for me
I
Taxes and expenses for mere
community property shall consist,of-atlre -pro wned by the spouses at the time of preservation during marriage preservation during marriage upon
the celebration of the marrpge'or,acquired the LY CODE. Art 91) separate property of either spou separate property of either spouse,
Note: Property acquired'iturihg,Th roarnage.ls, ed. belong to the community by family. . egardless of whether used by the family
property, unless it is.,roved.that, it is one of those iided.thiefrom (FAMILY CODE, ecause the use and enjoyment of
Art 93) e pro of the spouses belong
2
.,e
Q: What are excluded ttom the community propertyk?
ANS: Tkc foliowing are exclOded p,-,,
Expenses to enable - • spouse t mence/complete rofessional, vocational
1 Propep acquired -during the- marriage" by lratuitoVOle py either spouse. or other activity for se1 . vemenff.P • -
and the- fruits as 'well as the income there;of, if any, unles 4 s it is expressly
Value donated/pr b & spouse n favor of n :Iitimate children for
Provided by the donor testator or grantotI. that thêy-'sedlt form part of the
exclusive purp of commenting or.c. , eting profe:-. on or .cational course or
tntiniti properly
CO 61
other activity If-irn ement,
2 Properly fpr perSepal ade usive use .either ipouse iHowever, jewelry
„I -
shall fetrn part oftbe,Co,mmunity prope Expenses of li ation t n speii s u i as the sui groundless
3 Property a iredliefore,the marri Vy...;either pouse4ho has legitimate ... , -
descecdants y a former Marliag t at the ! its as i ll as the income, if 1. Ante-nuptial d- re 7:4 argeable t i For Ante-nuptial debts, same as ACP but
any. offsuch property (FAMILY CODE„Art. ACP if they re• .0 :ded ,'n the bene . - of insufficiency of separate
- of family. ., • ations enumerated in Art.
nd effects during the ilaizi.
Q: Can a spouse Waive:* -rights?, interee' s 2. Personal debts .';,- reds t•ing t be satisfied before such
marriage? -.".•-,„" benefit of the fam uch s 'abilities debts may be chargeable to the CP.
ANS: No waiver of rights, intests shams aridepatof the ACP can be made except incurred by reason or quasi-
upon judicial separation of property rgutyro E, Art. 89). delict are chargeable to the separate
property of the debtor spouse
Q: What are the charges upon and obligations of the community property? 3. In case of insufficiency of separate
ANS: The charges upon and obligations are as follows: property, chargeable to ACP but
considered advances deductible from
CHARGES AND OBLIGATIONS
the share of the debtor-spouse upon
ACP (Art. 94) CPG (Art. 121) liquidation.

Support of the spouses, their common children, and legitimate children of either
spouse
For illegitimate children, support from I For illegitimate children, support from
separate property of person obliged to separate property of person obliged to
give support. In case of insufficiency or give support In case of insufficiency or
absence of separate property, ACP shall absence of separate property, CP shall
advance support, chargeable to share of advance support, chargeable to share of
parent upon liquidation parent upon liquidation, but only after
obligations in Art 121 have been covered
Note: The separate properties shall be SOLIDARILY AND SUBSIDIARILY liable for the
obligations of the community or conjugal properties if the latter are insufficient (FAMILY
CODE, Art. 94).
Whatever may be lost during the marriage, in any game of chance, or in 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 property (FAMILY CODE, Art 95). The same
rules apply to CPG (FAMILY CODE, Art. 123)
 CIVIL LAW I
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Q: What is the effect of debts incurred by either spouse before their marriage on Q: What are the effects of the separation in fact between the spouses on the
the absolute community of property? regime of absolute community?
ANS: Ante-nuptial debts of either spouse shall be considered as the liability of the ANS: Generally, the separation in fact between husband and wife shall not affect the
absolute community of property insofar as they have redounded to the benefit of the regime of absolute community except:
family (FAMILY CODE, Ad. 94, par. 7). 1 The spouse who leaves the conjugal home or refuses to live therein, without
just cause, shall not have the right to be supported,
Q: To whom shall the administration and enjoyment of the community property 2. When the consent of one spouse to any transaction of the other is required
belong? by law, judicial authorization shall be obtained in a summary proceeding;
ANS: The administration and enjoyment of the community property shall belong to both and
spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to 3. In the absence of sufficient community property, the separate property of
recourse to the court by the wife for proper remedy, which must be availed of within five both spouses shall be solidarlly liable for the support of the family. The
years from the date of the contract implementing such decision (FAMILY CODE, Art. spouse present shall, upon proper petition in a summary proceeding, be
96). The same rules apply to conjugal partnership property (FAMILY CODE, Art. 124). given judicial authority to administer or encumber any specific separate
property of the other spouse and use the fruits or proceeds thereof to satisfy
Q: What are the instances when one of the spouses may assume sole powers of the latter's share (FAMILY CODE. Art. 100).
administration?
Note: The same rule applies to Conjugal Partnership of Gains (FAMILY CODE, Art, 127).
ANS; One of the spouses mare§ oTiio --" -w.'e'rs
.qt administration in the event one
spouse is incapacitated or4GabX to *ticipate in the ministration of the common
CONJUGAL PARTNERHIP OF GAI
properties (FAMILY CODE, Alt 961-
Q: What is the concept of "conjug rship of gains" (CPG)?
\., ..,
Q: What are those' poW„,e „0.are-defrifted-exr.tudectin the ovementioned sole ANS: The CPG is that which is fo d and whereby they place in a
powers of admittatiop? I - common fund the proceeds, p eir separate properties,
ANS: Sole pow rs of-eiminiftration,do I140T include cumbrance which and those acquired by ei or both ,sp ses throug fforts or by chance, the
must have the puthoriW of thp court or the, written co er spouse In the same to be divided be them eciAll s a general rule n the dissolution of the
absence of suh—alitharity
, a( Fanie-Fif, ifil allOYaiTiont or en shall be void marriage or the partne (FAMILY 00 Art 106)
However, the tra,riaa on shill 1,6-.6oristrued aeib' co tinuin the part of the Note: The conjugal,partnysffiti shall b •overned by e ul on the contract of
consenting spi)u,s7a d they ird person, and may b binding contract partnership in a '.t is noWitconflict hat is expre y ined in this Chapter
upon the acceptance ty tt1 ,Qfter spouse Or' author' before the offer or by the sp • n that arriage settler s (FAMIL CO A 108).
is withdrawn b‘ pit or both.„ erors4F/IM4.44 CO same rules apply
to conjugal partnerShip roparty,jFAM1LY CQ Q: What is the Jesu in cas,e th roperty I -1.,••••41 ng the marriage
in the name of oh ousep
Q: Can one of thf spo es doria-i4ntcotnjnUnity p ithout the consent ANS: All property uired unnglhe rriage, whether the acquisition appears to
of the other? --; , have been made, contract r registe name of one or both spouses, is
ANS: Generally, nelttier sr. 'isriay..lcialIate--6 property without the presumed to be conjugal ess th LY CODE, Art. 116).
consent of the other. Ho_we_ ei consent of the other,
make moderate donations'fromitnatcomm Note: Tax declaration the of one spouse alone are not sufficient to rebut the
1. For charity, presumption in Art 11• /a va v. Court of Appeals, G.R. No. 143286, April 14,
2 On occasions of family re1616115- , r 2004). On the other hand, '5' .tes of title indicating that the owner is "married to" the
3 On occasion of family distress (FAMILY CODE, Art. 98) other spouse are not sufficient proof that the properties were acquired during the
marriage as to give rise to the presumption under Art. 116 (Jocson v. Court of Appeals.
Note: The same rules apply to conjugal partnership property (FAMILY CODE, Art G.R. No. L-55322, February 16. 1989).
125)
Q: What are considered as exclusive properties of each spouse and properties
Q: When does the absolute community terminate? (SAD-JR) conjugally owned?
ANS. The absolute community terminates: ANS: The following are the conjugal and exclusive properties under the CPG
1. When there is a decree of legal Separation,
2. When the marriage is Annulled or declared void: Property included in CPG Exclusive Property in CPG
3. Upon the Death of either spouse;
4. In case of Judicial separation of property during the marriage under Articles All property acquired during the marriage
13410 138 (FAMILY CODE, Art. 99): or presumed conjugal, unless the contrary is
5. Upon the filing of an affidavit of Reappearance of the absent spouse proved (FAMILY CODE, Art. 116).
(FAMILY CODE, Art. 42. par. 2).
1. Those acquired by onerous title during 1. That which is brought to the
Note: The same rules apply to Conjugal Partnership of Gains (FAMILY CODE, Art the marriage at the expense of the marriage as his or her own,
126) common fund; 2. That which each acquires during the
2. Obtained from the labor, industry. work, marriage by gratuitous title;
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Properly included in CPG Exclusive Property in CPG Is the conjugal partnership liable to pay the personal debts contracted before
or during the marriage, fines, indemnities and support of illegitimate children of
or profession of either or both spouses 3. That which is acquired by nght of either spouse?
3, Fruits from common property and net redemption, by barter or by ANS: No. As a general rule, the payment of personal debts contracted by the husband
fruits of the exclusive property of each exchange with property belonging to or the wife before or during the marriage shall not be charged to the conjugal
spouse; only one of the spouses; and partnership. Neither shall the fines and indemnities imposed upon them be charged to
4. Share of either spouse in hidden 4. That which is purchased with the partnership_
treasure, whether as finder or owner of exclusive money of the wife or of the Exceptions:
property where treasure was found; husband (FAMILY CODE, Art. 109). 1. If they redound to the benefit of the family: or
5 Acquired through occupation such as 2. If the spouse who is bound should have no exclusive property or if it should
fishing or hunting: and be insufficient, provided that the charges and obligations of the conjugal
6. Livestock existing upon the dissolution partnership have been covered.
of the partnership in excess of what is
Note: But at the time of the liquidation of the partnership, such spouse shall be charged
brought by either spouse to the
marriage acquired by chance (FAMILY for what has been paid for this purpose (FAMILY CODE, Art. 122).
COOE, Art. 117).
Q: What are the rules on properties ay:Aired by gratuitous title by each during the
ated or left by will to the marriage? , , tt •
and with designation of ANS: They are subject to the foll• • rt.,'
dete âfe sjr (FAMILY CODE, Art 1. Property donated or le , NE spouses, jointly and with designation of
— determinate shares the do • -,-spouse as his or her
exclusive property, In= the . share and share alike,
bough on me/its partly from pipperty
rpts stallments partly without prejudice, tethe ngh accretion •er (FAMILY CODE, Art.
exclusive fun and partly from conjugal, from ex usiv and partly from 113);
funds, if full coriftsship
, wastvested-during witju funds ownership was 2. If the donalfts t are onero e amount of th e rges shall be borne by
the marriage 6FAIECO:' CODei, Ark 118). vested tiefore iage (FAMILY the exclusx [Acorn of thr,-7, •onee-spousel w ver they have been
CC4- DE, rt. 118) advanced ttle pjugal part ship of gain§r(F L CODE, Art. 114);
3. Retirement benefits', pensii,9n nnuities, glatuit s -ufructs and similar
As to crediti, belpging .tc0;ine e the-tAs---ter, b to one of the betiAts shjallib,e,govet-ned by rules ot • r: r rous acquisitions
spouses. inteeeSts felling :due \during the - spou ay be collected as' may aprodet in ea ca AMILY
marriage on the princikal ( A,07.0,,CODE. do 4;nre m partial payments 'pa Fl
Art. 119). Aty2inst on the principal Q: What are the iightsithatray be ised by each spouse in their exclusive
(FAMiLY 119). property?
ANS: Each spouse may,
Q: Whenever improemints. -wliether- for-1g i,yornment, is made on a 1. Retain the ownership, possessi miniStiation and enjoyment of their
separate property of th auSes atithe 04e(eris 1) the partnership; or (2) exclusive pr:i,iPerty (FAMILY CODE, Art 110, par.1);
through the acts or effortt..-Oteither ,or b, tfrpouses, to whom shall the 2. During the rnestag:e transfer the administration of his or her exclusive
ownership pertain? property to the -other by means of a public instrument, which shall be
ANS: Ownership shall pertain to the conjugal partnership, or to the original owner- recorded in the registry of property of the place where the property is
spouse subject to the following rules: located (FAMILY CODE, Art. 110, par.2); and
1. When the cost of the improvement made by the conjugal partnership and 3 Mortgage, encumber, alienate, or otherwise dispose of his or her exclusive
any resulting increase in value are more than the value of the property at the property, without the consent of the other spouse, and appear alone in court
time of the improvement, the entire property of one of the spouses shall to litigate with regard lathe same (FAMILY CODE, Art. 111)
belong to the conjugal partnership, subject to reimbursement of the value of Note: The alienation of any exclusive property of a spouse administered by
the property of the owner-spouse at the time of the improvement (Munoz, Jr. the other automatically terminates the administration over such property and
v. Ramirez. G.R. No. 156125, August 25, 2010) the proceeds of the alienation shall be turned over to the owner-spouse
2. If the cost of the improvement made by the conjugal partnership and any (FAMILY CODE, Art. 112)_
resulting increase in value is equal to or less than the value of the pnncipal
property at the time of the improvement, said property shall be retained in Q: What is the interest of each spouse in the CPG?
ownership by the owner-spouse, likewise subject to reimbursement of the ANS: Prior to the liquidation of the conjugal partnership, the interest of each spouse in
cost of the improvement (Accession). the conjugal assets is inchoate, a mere expectancy, which constitutes neither a legal nor
Note: In either case, the ownership of the entire property shall be vested upon the an equitable estate, and does not ripen into a title until it appears that there are assets in
reimbursement, which shall be made at the time of the liquidation of the conjugal the community as a result-of the liquidation and settlement. The interest of each spouse
partnership (FAMILY CODE, Art_ 120) is limited to the net remainder or "remanente liquido" (haber ganancial) resulting from
the liquidation of the affairs of the partnership after its dissolution. Thus, the sale of one-
 CIVIL LAW I
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half of the CPG by one spouse without liquidation of the CPG is void (Spouses Tarrosa
v. De Leon, G.R. No. 185063, July 23, 2009). However, if the husband is an alien the
wife may sell private land, which was sold to the spouses, because the alien spouse had
no right to the land under Art. XII, Sec 7 of the 1987 Constitution (Cheesman v. !AC,
G.R. No 74833, January 21, 1991).
Q: What are the steps in the liquidation of the CPG?
ANS: The steps in the liquidation are the following:
1. Inventory CPG properties and exclusive property of each spouse,
2. Reimburse spouse for separate property acquired by CP due to increased
value thereof as a result of improvements thereon;
3 Payment of absolute community debts and obligations In case of
insufficiency of said assets, the spouses shall be solidarity liable for the
unpaid balance with their separate properties;
4, Delivery to each spouse of his/her separate property if any;
5. Unless the owner is indemeifiedlwrn whatever source, payment of loss or
deterioration of m voiles belonging to" tl r spouse that was used for the
benefit of the adily Must betinadk
6 Division of peti;;r3fits:Which,a7k-nOts,ilbject fo4fteiture;
7 Delivery ofcbrn tivelegitime, If anyIat and
8 Adjudicatio 19gal-dWellirig'aticilot.,(F4AV/& CORE. Arts. 129).
' ..
REGIME OF SEPARATI OrPROPERTY
•
Q: What are t oc<54. quentes-ofa regime.of-separation Of property?
ANS: The coreQtlerfces are the following.
1 To each i pouse shall .belong all earnings from; his -ot her profession
busineYs 4,r industry and all fruits;:natural,,ipdustrial or a- , due or received
dufing thmarriage\fromhis-iorAler-seearatetr3rop4 ILY CODE, Art
— r
145);''aticg ‘. ' ,- .%
2. Both spousTks shakibear the fel-Tilly expehses in,,Proporti„ n to their income.
or in 'case einsufficien4-of defautt thereof, tg,,Ahe currant market value of
their separate uproperties;Th'ejabilittes Of theApouses i o creditors for family
expens shall, h>everhe
k Soildar:y2(FliCKCOD
y , Art 146).
0: What does separatio'n:orp-rOperty reTm e tifa, , •\\,-,1",, '
ANS: Separation of propeky,,Maysrefer topies'en.Cdr,IL4re property or both It may be
total or partial. In the latter case. the,properbAnot.4reed upon as separate shall pertain
to the absolute community (FAMILY CODE, Art. 144),
Q: What are the requisites for the applicability of Article 147? (MEW-V)
ANS: The requisites are:
1 Both man and woman are capacitated to Marry each other;
2 They live Exclusively with each other as husband and wife; and
3. Their union is Without the benefit of marriage or their marnage is Void
(Mercado-Fehr v. Fehr, G.R. No, 152716, October 23, 2003)
Note: Void marriages under this provision do not contemplate a void marriage that may
occur due to non-observance of Article 40 of the Family Code (FAMILY CODE, Art 50)
JUDICIAL SEPARATION OF PROPERTY
Q: Can spouses validly execute a public document evidencing their agreement to
voluntarily dissolve their conjugal partnership?
ANS: No. This agreement is void because it was never approved by a competent court
(FAMILY CODE, Art. 134).
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Q: In case of death of one of the spouses, what is the effect of the failure of the
surviving spouse to liquidate the community property?
ANS: If no judicial settlement proceeding is instituted, the surviving spouse shall
liquidate the community property either judicially or extra-judicially within one year from
the death of the deceased spouse. If upon the lapse of the said period, no liquidation is
made, any disposition or encumbrance involving the community property of the
terminated marriage shall be void. Should the surviving spouse contract a subsequent
marriage without compliance with the foregoing requirements, a mandatory regime of
complete separation of property shall govern the property relations of the subsequent
marriage (FAMILY CODE, Art. 103).
Note: The same rules apply to CPG (FAMILY CODE, Art. 128)_
0: During the liquidation of the property, where shall the support of the surviving
spouse and the children come from?
ANS: From the common mass of property support shall be given to the surviving
spouse and to the children during the Irqpidation of the inventoried property and until
what belongs to them is delivered; but froit this shall be deducted that amount received
for support which exceeds the fr or re ts pertaining to them (FAMILY CODE, Art.
133)
Q: When will the separation orproperty 0 spouSes during the marriage
ANS: In the absence of.an express declaration in the marriage settlements, the
separation of property tietWeen spouses dOring the marriage!st)-iali not take place except
by judicial order Such;',;judicial separatiortof property mast either be voluntary or for
sufficient cause (FAMILY COE, Art 134),21.:
0: What are ufficiVt,causes for judAial separation of property? (SCALOP)
ent.cad's„es'rfor judicial se ation a
ANS: The s
1 That at theLiaia0f the,pe.tition e spouses _eparated in fact for
at leaStorle0 Veer and recon iation is highly improbable
2 That thelpouse Of the petitidiri r has been sentenced to a penalty which
carries with;:ltCs vii.,;;Interdiction• '
ti rr Ily declared an Absentee;
3. That the spo ' of the
4. That Loss o arental ority of the spouse of petitioner has been decreed
by the court*,
5. That the spodSe lf the petitioner has abandoned the latter or failed to
comply with his or her Obligations to the family as provided for in Article
101: and
6 That the spouse granted the Power of administration in the marriage
settlements has abused that power.
Note: In the cases provided for In numbers (1), (2) and (3), the presentation of the final
judgment against the guilty or absent spouse shall be enough basis for the grant of the
decree of judicial separation of property (FAMILY CODE, Art. /35).
Q: What are the effects of the filing and the subsequent issuance of a decree of
separation of property?
ANS: The effects of a decree of separation of property are the following:
1. The absolute community or the conjugal partnership of gains shall be
liquidated (FAMILY CODE, Art. /37, par.1):
2. During the pendency of the proceedings for separation of property, the
absolute community or the conjugal partnership shall pay for the support of
the spouses and their children (FAMILY CODE, Art. 137, pea);
la> 3
CIVIL LAW I
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After dissolution of the absolute community or of the conjugal partnership,

I !EornsIISeries)! RED BOOK
lithe cause for the transfer of administration of the exclusive properties of a
the provisions on complete separation of property shall apply (FAMILY spouse ceases to exist, the reason for the administration by another disappears. The
CODE, Art. 138); owner-spouqP may petition the court to declare the administration terminated and
4, The petition for separation of property and the final judgment granting the recover her full rights over the properties under administration (RABLIYA, Persons,
same shall be recorded in the proper civil registries and the registries of supra at 502-503).
property (FAMILY CODE, Art. 139);
PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
Note: The separation of property shall NOT prejudice the rights previously
acquired by creditors (FAMILY CODE, Art. 140). Q: What is the presumption with regard to ownership of properties obtained by
the parties during cohabitation?
5. Each spouse may thereafter own exclusively all his or her earnings and the
ANS: In the absence of proof, properties acquired while they lived together shall be
fruits of his or her separate property (FAMILY CODE. Art 145):
presumed to have been obtained by their joint efforts, work or industry, and shall be
6 The obligation of the spouses to support their children continues, each
owned by them in equal shares. A party who did not participate in the acquisition by the
spouse contributing thereto (FAMILY CODE, Art 146, par.1);
other party of any property shall be deemed to have contributed jointly in the acquisition
7 Liability of the spouses to creditors shall be solidary with their separate
thereof if the former's efforts consisted in the care and maintenance of the family and of
properties (FAMILY CODE, Art 146. par.2); and
8. the household (FANCY CODE, Art 147, par. 2).
Mutual obligation to support each other also continues except when there is
legal separation (FAMILYtI5DE.-4 e7 par. 2). Q: Can the party encumber or dis selby acts inter vivos of his or her share in
the property acquired during co tati and owned in common?
Q: After a decree of ,separatioli of_.0rop hli is fiey14ssued, can the spouse ANS: Generally, neither party ca ' '4 or dispose by acts inter vivos of his or her
revive the former property reline?(CAT-PALI) share in the property acquired du g 1ution and owned in common, except when
ANS: The spouse ions Mal, in,,the ,ime-sirocee sePacation of property was
made:
decreed, file a • _„jrr c6uTod- r a. decree revivin regime that existed 1. With the consent o e oth
between them b Orett,sepqration of property in any f th Growing instances: 2. After the te tle'n of thei"r's abitation (A7 cODE, Art 147, par 3)
1. Whe'n the 4ourt,j being satisfied that th spout: gil led the power of
adMinisfsation in the -marriage settlement ill no aeain buse that power, Q: What are the case f c,Ohabitetion ntemplated in 148? (RBA)
author sthe re4imption of said acrministr. tion; ANS: The relationsh' pi:notated under Article 148 fe whereby a man and
2 When the Absentee spouse. reappear-S; a woman live tog9) f as d and wi without the amage but are not
3, Wlite4e twit inteiyiction Terminates; JI) --;---, capacitated to nigrry. T include-
4. When Parental t11ority' j ludtciafl T red t tti4ouse previously I V Iarjge r rea on of P ic polic
deppvik thereof," ,...s.,:\ 2. tri tuous v d arna s un Art 37,
5 Whee after‘olunttirrdissolution of. -.4, elut oomm ity of property or 3. A B'. = .. .u' ygamoys m age, and
conggal pafflwrship tras'beken jodi ' >ecr d uponfthe joint petition of 4. An Adu ii s re1aonshJp (S MARIA, Persons, supra at 609).
the sp'oeses, th9.,,y Agree'to the re4(a ,,of forme property regime. No
Note: Where the mar s chological incapacity under Art.
voluntary,eeparabn„ktproperty n-jorthe be nted;
36, Art. 147 applies (8a rober 20, 2014)
6. When the bRousell.whas,,eft.itie.eofij without a decree of legal
separation reujiitl c6imon4ifwittN1 bXh 6r 0: When is the cohabitati n dé,ed terminated?
7 When the spouses rho h&e Ikepara in fact for at least one year, ANS: There being no o of law governing the cessation of such informal civil
reconcile and resume 'Common life: partnership, the same may be considered terminated upon their separation or
Note: The revival of the former property regime shall be governed by Article 67 of the desistance to continue said relations (Patemo v Patemo, G R. No. 213687, January 8,
Family Code (FAMILY CODE, Art. 141) 2020).

Q: What are the grounds by which the administration of all classes of exclusive Q: What are the distinctions between Articles 147 and 148 (parties not capacitated
property of either spouse may be transferred by the court to the other spouse? to marry each other)?
(GACH) ANS: The distinctions are the following
ANS: The gro,..nds on which the administration of exclusive property of either spouse ARTICLE 147 vs. ARTICLE 148
may be transferred to the other spouse by the court are:
Article 147 Article 148 •
1. When one spouse becomes the Guardian of the other:
2. When one spouse is judicially declared an Absentee: As to The provision applies to parties The provision applies to parties
3 When one spouse is sentenced to a penalty which carries with it Civil Applicability who are capacitated to many who are incapacitated to marry
interdiction: or each other, but live exclusively due to some legal impediments
4. When one spouse becomes a fugitive from justice or is in Hiding as an (i.e adulterous relationships and
with each other as husband and
accused in a criminal case. wife without benefit of marriage or marriages which are bigamous,
Note: If the other spouse is not qualified by reason of incompetence, conflict of interest, under void marriage. incestuous, or void by reason of
or any other just cause, the court shall appoint a suitable person to be the administrator public policy under Art 38).
(FAMILY CODE, Art. 142).
 CIVIL LAW I
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BEDAN RED BOOK
Volume i Senes o' 2020/21

Article 147 /Witte 148 4 FAMWY ',

As to Salaries Owned in equal shares. Separately owned by the parties Q: What does "family relations" include?
and Wages If any of them is married, his/her ANS: Family relations include those:
salary is the property of the CPG 1. Between husband and wife,
of the legitimate marriage. 2. Between parents and children;
3. Among other ascendants and descendants; and
4. Among brothers and sisters, whether of the full or half-blood (FAMILY
As to Belongs to such party subject to Belongs to such party. CODE, Art. 150).
Property proof of acquisition by exclusive
Acquired by funds. Q: What does the Family Code require in suits between members of the same
Either family?
Spouses ANS: No suit between members of the same family shall prosper unless it should
Exclusively appear from the verified complaint or petition that earnest efforts toward a compromise
through their have been made, but that the same have failed. If it is shown that no such efforts were
Own Funds in fact made, the same case must be dismissed (FAMILY CODE, Art 151, par.1).
Exceptions: The requirement of earn rts does not apply to:
1. Cases which may not romised under Art. 2035 of the Civil Code
As to d‘py them in common in (FAMILY CODE, Art.
Property POW% to respective 2. When a stranger to th fa party to the suit, whether as a necessary
Acquired by ntaelutfo or indispensable party).ffif onong, No. L-44903, April 25,
Both Spouses 1977); or
through their 3. When the ca i not al s when it is a special
Work/Industry proceedin term "s s only to ordinary civil
actions (V eManalo v . 129242. January 16.
i - 2001).
As to Pre umed tc, be ogtained by their pr hp of joint
Property 1:eln efforts,. Work. or-indUSfry and quisitio ben there is
Acquired be owned-by-thern-in-equal iftley f -Ail acquisition but
tt*. ie Q: When is ti amitylionie con titute
While Living shares. Eifints in care; an a extent of actual
Together ANS: The family hom eem .pons ed on a om the time it is
maintenance fanliTY : \;1501
. -1trib there is a
ousekld are occupied as a fa ' ,r#St # (FAMILY E. Art 153)
red ,Pres equal sharing.
contributions
Q: How long does ilamily me remait W1 i Ited as such?
) - ANS: From the time of4ts stitution of its beneficiaries actually
As to When ontl.,One.. ,:kertiestQ - ,94 of parties is validly
Forfeiture void Marriage is in goociTaitcthe reside therein, the farm home 'ntintA is exempt from execution,
'red to another, his or her
share of party in bacifaitti 'in forced sale or attachm e s hereinafter provided and to the extent of the value
are in the co-ownership
the co-ownelship.. .,sfiajt..—be shall accrue to the CP or allowed by law (FAMILYCW4,Art 153). The family home continues despite the death
forfeited: CPG existing in such valid of one or both spouses or uftrna'rried head of the family for ten (10) years, or as long as
In favor of their common marriage; a minor beneficiary lives therein (FAMILY CODE, Art. 159). After ten (10) years and a
children: 2. If the party who acted in bad minor beneficiary still lives therein, the family home shall be preserved only until that
2. In case of default or waiver by faith is not validly married to minor beneficiary reaches the age of majority. The intention of the law is to safeguard
any or all common children or another, his/her share shall and protect the interests of the minor beneficiary until he reaches the age of majority
their descendants each be forfeited in the same (Patricio v. Dario III, G.R. No. 170829, November 20, 2006)
vacant share shall belong to manner provided for in Article
Q: How many family homes may a person constitute?
respective surviving 147; or
ANS: A person can constitute one (1) family home only (FAMILY CODE, Art. 161).
descendants; or The above rules apply even if
3. In their absence, to the both parties are in bad faith. 0: Who are the beneficiaries of a family home?
innocent party, ANS: The beneficiaries are the following:
In all cases, forfeiture takes place 1. The husband and wife, or an unmarried person who is the head of a family;
upon termination of cohabitation. 2. Their parents, ascendants, descendants, brothers arid sisters, whether the
relationship be legitimate or illegitimate, who are living in the family home
and who depend upon the head of the family for legal support (FAMILY
CODE, Art. /54); and
3. In-laws provided the home is jointly constituted by husband and wife
(Patricia v. Dario G.R. No. 170829, November 20, 2006).
ID> CIVIL LAW
San Bed Law-RGCT Bar Operations Center NE

Q: When is the family home subject to execution, forced sale or attachment?

BEDAN RED BOOK
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Legitimate Child Illegitimate Child

(P-LMT)
ANS: The family home is not exempt from execution, forced sale, or attachment: 4 Product of artificial insemination Santos v. Angeles, G.R.
1 For debts incurred Prior to the constitution of the family home; provided both spouses authorized No 105619, December 12,
2 For debts due to Laborers, mechanics, architects, builders, material men or ratified such procedure in a 1995), and
and others who have rendered service or furnished material for the wntten instrument, executed and 3. Conceived and born before
construction of the building; signed before birth of child and the decree of annulment if
3. For debts secured by Mortgages on the premises before or after such recorded (FAMILY CODE, Art the ground is other than
constitution; and 164); psychological incapacity
4 For non-payment of Taxes (FAMILY CODE, Ad. 155), 5 Conceived or born of mothers who
might have declared against its
Q: What is the limitation on the right of disposition of the owners of a property legitimacy or was sentenced as an
where a family home is situated? adulteress (FAMILY CODE. Ad
ANS: The family home may be sold, alienated, donated, assigned or encumbered by /67);
the owner or owners thereof with the written consent of the person constituting the 6 Legally adopted (FAMILY CODE,
same, the latter's spouse, and a majority of,the beneficiaries of legal age. In case of Art. 189); and
conflict, the courts shall decide (FAMILY CODE 145.8) Legitimated: con*? and born
outside of w011ild parents
AtEtINITYANDTILIATION without Impediaeja • time of
conception and had. quently
LEGITIMATE CHILDREN,„' married (FAMILY,
Q: Who are deenied legitimate children? 177); and
ANS: The legitinate Childrenrare the' following: 8_ Children born of a Subsequent
,1 Chithren cohceild or.bornsluring.the_marr.rage o arents. mart:W.6e ,where th ..frr-i spouse is
!udiciak, declared pr' umptively
N*This is true regardless of the'existence of extrarnAntal relationships 43[11).
dead '(FAMILY CODE,
(Like° ,y. Llyao G`R No 138961, March 712002). i 1 ,
2 Childrenzonceived,as.a result of artificial tnsemina n of lie wife with the As to Use as the ARM to bear the name of the child shall
a, k §porpl of the-husband; of fattier (CIVIL CODE Art 3 er's surname
b. ‘T-Ifat ota donor; or. Surname Art. 368).
c both. prOvided•that: .. Note: Illegitimate children may
i.A„ Both of them "authbrizeebs-Trglified such inser9ination, use the surname of their father
ii. -',, In a Written sinstrument 'executed nd signed by them before Me if their filiation has been
'birth of.tt, clzild;-end I' sly recognized by the
iii. The,irilstrurneq'thall be't cord 1i/civil registry together with father through the record of
the 13ink certiPcate cif the.,Ch i CODE, Art 164) birth appearing in the civil
register, or when an admission
Q: What are the distinctions betwei 1eitiri te and illegitimate children? in a public document or private
ANS: The following are the distinctions. handwritten instrument is made
LEGITIMATE CHILD vs. ILLEGITIMATE CHILD by the father. Provided, the
father has the right to institute
Legitimate Child Illegitimate Child an action before the regular
courts to prove non-filiation
As to who 1. Conceived or born during a valid 1. Conceived and born
during his lifetime (FAMILY
are marriage (FAMILY CODE, Art. outside a valid marriage or
CODE, Art 176 as amended
deemed 164); inside a void ab Indio
by RA 9255).
included 2. Conceived or born before the marriage such as bigamous
judgment of annulment or and incestuous mamages ! Under the sole parental
As to Under joint authority of parents.
absolute nullity of marriage if and marriage declared void authority of mother (FAMILY
Parental
ground is psychological incapacity for being contrary to law CODE, Att. 176).
Authority
(FAMILY CODE, Art, 54); and public policy (FAMILY
3, Born in a subsequent void CODE, Art. 165); As to Has preferential right to support over No such preference.
marriage due to failure to comply 2. Conceived and born after Support mother if father has no sufficient
with Arts. 52 and 53 (FAMILY the decree of annulment of; means to meet both claims (FAMILY
CODE, Art. 54); a voidable marriage (De CODE, Art. 213),
 CIVIL LAW
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I BEDAN RED BOOK
Volume iI Series of 2020/21

Legitimate Child Illegitimate Child Q: How is the filiation of legitimate children established?
ANS: The filiation of legitimate children is established by any of the following:
Receive support from only up 1, The record of birth appearing in the civil register or a final judgment; or
Receives support from ascendants or to grandparent and 2. An admission of legitimate (or illegitimate) filiation in a public document or a
descendants of the Same line grandchildren (FAMILY CODE. private handwritten instrument and signed by the parent concerned
(FAMILY CODE, Arl 195, par. 2) Art. 195, par. 3 and 4). (FAMILY CODE, Art. 172).
As to Entitled to inheritance (FAMILY Entitled to 12
/ of legitimate In the absence of any of the foregoing evidence, such legitimate or illegitimate
Successio CODE, Art. 174). child's inheritance (FAMILY filiation shall be proved by:
nal Rights CODE. Art. 176) 1. Open and continuous possession of the status of a legitimate or illegitimate
child;
As to Father is entitled to paternity leave of No such benefit (R.A. 8187, 2. Any other means allowed by the Rules of Court and special laws (FAMILY
Paternity 7 days with full pay. otherwise known as 'Paternity CODE, Art. 172).
Leave Leave Act of 1996, Sec. 3; 1
PARAS, Persons, supra at ILLEGITIMATE CHILDREN
669-670). Q: Who are deemed illegitimate childre
ANS: Children conceived and born e a valid marriage are illegitimate, uniess
Q: Who may bring an actfOrqojtifim kgitirriaty?., otherwise provided in the Family C LY CODE, Art 155).
ANS: An action to ci,iKtegitirpac arbtrUroughtby:
1 Child — f stiivt perso ht of c y be brought anytime 0: When can an illegitimate chi urname of the father?
during/Si,is ANS: Illegitimate children may us !, their fa r if:
2 The leirs,6ft child within a peritici of fivet,(5) se: 1 Their filiation has their father through the
a. ,thild s duting mirroritsk i record of birth aring in vil register;
b. ild les in it .state...olinaan1tl4 Qt . 2. When an sion in a document or pa handwritten instrument
didies after action has already beeh instit&ted('FAMILY CODE, Art is made b her, ps that the father e right to institute an
i 114 action be War co to prove n during his lifetime
i <,'1' ! (FAM 176, as nded by R.
PROOF OF FlItTIONt
Q: How is illera,40
Q: What is th 'pieS 'ark the legiffmacy, graichi bornjtafter the mother ANS: Illegitim filiation ed in • nd on the same
contracted a stibsequet marriage:Z. evidence as legit. • must be bro.** n the same period
ANS: The rule i that if ke magiagrs,Lept_ajed 'ht and moth contracted another specified in Article ction is based on the second paragraph of
marriage within th hund e (30Q), n -Ifter\supli te nation of the former marriage, Article 172, in which ht during the lifetime of the alleged
these rules shall go n in th,e7A 'ellee-latprOof-to t parent (FAMILY CODE,
1. A child bor efor6' ridracLeig y ) aa after the solemnization of
the subseque1t, ab e is pni bfôhjwe been conceived during the CI: Can a father compsl his gitimate children to use his surname upon his
former mardage, ovided it l .bomtiyHithitr— three hundred (300) days after recognition of their gat
the termination of the form rilabl, ANS: No Article 176 of th fly Code gives illegitimate children the right to decide if
2. A child born after one hundred eighty (180) days following the celebration of they want to use the surname of their father or not. It is not the father or the mother who
the subsequent marriage is considered to have been conceived during such is granted by law the right to dictate the surname of their illegitimate children (Grande v.
marriage, even though it be born within the three hundred (300) days after Antonio, G.R. No 206248, February 18, 2014).
the termination of the former marriage (FAMILY CODE, Art. 168); and
3. The legitimacy or illegitimacy of a child bom after three hundred (300) days ACTION TO IMPUGN LEGITIMACY
following the termination of the marriage shall be proved by whoever alleges
such legitimacy or illegitimacy (FAMILY CODE, Art, 169). Q: What is the effect if the mother declares against the child's legitimacy or is
sentenced as an adulteress?
Cr What are the requirements in order to establish paternity over a child ANS: The child shall be considered legitimate although the mother may have declared
conceived as a result of artificial insemination? against its legitimacy or may have been sentenced as an adulteress (FAMILY CODE.
ANS: The following are the requirements to establish his paternity over a child Art 167).
conceived as a result of artificial insemination;
1 The artificial insemination has been authorized or ratified by the spouses in 0: How may legitimation be impugned?
a written instrument executed and signed by them before the birth of the ANS: Legitimation may be impugned only by those who are prejudiced in their rights
child; and within five ,(5) years from the time their cause of action accrues (FAMILY CODE. Art
2. The written Instrument is recorded in the civil registry together with the birth 182).
certificate of the child (FAMILY CODE, Art. 164, par. 2).
 CIVIL LAW I
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BEDAN RED BOOK
Volume II Senes of 2020/21

Q: What are the grounds in impugning the legitimacy of the child? Note: Couples who had children when they were below the marrying age of eighteen
ANS: The grounds to impugn the legitimacy of a child are (18) would not need to go through the process of having to adopt their own offspring just
1 Physical impossibility of the husband to have sexual intercourse with his so their kids could enjoy the rights of legitimate children (FAMILY CODE, Art. 177).
wife within the first 120 days of the 300 days immediately preceding the
child's birth, due to: Q: What are the requisites for legitimation?
a Physical incapacity of the husband; ANS: The requisites for legitimation are the following:
b Husband and the wife living separately; or 1. The child was conceived and born out of wedlock;
c. Serious illness of the husband which absolutely prevented sexual 2. The parents at the time of child's conception, were not disqualified by any
intercourse, impediment to marry each other or were disqualified only because either or
both of them were below 18; and
Note: Even if the husband suffered tuberculosis so senous that he could
3. There is a valid marriage subsequent to the child's birth (STA. MARIA,
hardly move and get up from his bed, his feet were swollen, and his were
Persons supra at 697).
voice was hoarse, this does not prevent carnal intercourse (Andel v.
Macaraig, G.R. No. L-2474, May 30, 1951). Note: The effects of legitimation shall retroact to the time of the child's birth (FAMILY
CODE, Art. 180).
2. Biological or scientific proof that the child could not have been that of the
husband, and
3. Written authorizatiop o er parent for artificial insemination
obtained throu 'stake, midabon or undue influence Q: Distinguish between R.A. No mestic Adoption Act) and R.A. No. 8043
(FAMILY C (Inter-Country Adoption Act of
Q: When should th lid be brought? ANS: The distinctions are:
ANS: The action imacylof a c t•
bJo its recording in the
DOMESTIC ADOPTIO - • # OPTION ACT
1 Withi froril'pe t noWtedge c th
R.A. No. 8552 R.A. No. 8043
civil husband 'd-r,' id'a prop4r ca Yaqy. f his heirs, should
(Domestic Adoption Act) ; (Inter-Country Adoption Act)
res city latedgalft0ihere_th. rthtoô&pIaóor was recorded;
2 Wi (2) y4prs ,iflhe huSband,,ot, in his de his heirs do not Proceeding, the
re id e plac. of Birth of where it was tecorde& if th should reside in try doption Board acts
th P t•i') tral uthority in matters
3. VVi 11.mud Obt`oad untry adoption
/C."'
Note: If the bi een deajed was' unkno. n to the husband 4).
or his heirs, the tea fr overy Or know dge of the birth of
the child or of th gistratioq said eth'-'WhiChever is ea er (FAMILY CODE. As to where Fa of th pro Family Court having jurisdiction
Art 170) the petition city where the p over the place where the child
will be filed adoptiv a reside des or may be found. It may
Q: How may legitim .c be14 6-02-S c. 6). filed directly with the Inter-
ANS: The question oPt 1tii „attacked It can be impugned Country Adoption Board (A M. 02-
only in a direct action (Liya 'March 7, 2002) 6-02-SC Sec. 28)
Q: Who may impugn the legitimacy As to where In the Philippines for at least six In the country of the adoptive
ANS: Impugning the legitimacy of the child is a stnctly personal right of the husband, or in and how (6) months BUT the court may parents which filed the application
exceptional cases, his heirs (Liyao, Jr. v Tanhoti-Liyao, G.R. No 138961, March 7, 2002). long the reduce the period of trial custody for inter-country adoption for a
supervised for non-alien adopters ( R.A. No penod of six (6) months from the
Q: When may the heirs impugn legitimacy of the child?
trial 8552, Sec. 12). time of placement (R A No. 8043,
ANS: Generally, only the husband may impugn However, the heirs of the husband custody Sec.14)
may impugn the filiation of the child in any of the following cases• occurs
1 If the husband should die before the expiration of the penod fixed for
bringing his action; As to who 1. Filipino Citizen: 1 Any alien; or
2. If he should die after the filing of the complaint without having desisted can adopt a. Of legal age; 2. Filipino citizen, both
therefrom; or b. In a position to support and permanently residing abroad,
3. If the child was born after the husband's death (FAMILY CODE, Art. 171) care for his/her children in
keeping with the means of Conditions.
LEGITIMATED CHILDREN 1 At least twenty-seven (27)
the family;
Q: Who may be legitimated? c. Good moral character; years of age and at least
ANS: Only children conceived and born outside of wedlock of,parents who, at the time d. In possession of full civil sixteen (16) years older than
of the conception of the former, were not disqualified by any impediment to marry each capacity or legal rights; the child to be adopted, at the
other or were so disqualified only because either or both of them were below eighteen e. At least sixteen (16) years time of the application unless
(18) years of age, may be legitimated (FAMILY CODE, Art. 177).
 CIVIL LAW I
San Becla Law-RGCT Bar Operations Center
I pEimepsettolloRED BOOK
R.A. No. 8552 R.A. No. 8043 R.A. No. 8552 R.A. No. 8043
(Domestic Adoption Act) (Inter-Country Adoption Act) (Domestic Adoption Act) (Inter-Country Adoption Act)

older than the adoptee, the adopter is between a legitimate and Sec 7(b) and not RA. 8043 (Sps.
except when: a. Parent by nature of the illegitimate child, unlike Lee v Liwanag, G. F? No 248035.
i. Adopter is the child to be adopted; or Sec. 7(b)(ii) (In re; Petition Noovember 27, 2019).
biological parent of the b. Spouse of such parent. for adoptioin of Jan Aurel,
adoptee 2 If married, his/her spouse must G.R. No. 205752, October
ii. Adopter is the spouse jointly file for the adoption; 01, 2019).
of the adoptee's parent 3. Capacity to act and assume all c. Certified to have legal
f. Has not been convicted of rights and responsibilities of capacity to adopt by
any crime involving moral parental authority under his/her his/her diplomatic or
turpitude, and national laws, and has consular office but
g. Emotionally and undergone the appropriate certification may be waived
psychologically capable of counseling from an accredited in the same instances for
caring for children—i(SeQ4 counselor in his/her country; waiver of i dency
7(a)) as not been convicted of a requirement
, ••i-
2 Alien .siiamegualifications
„ as .piine involving moral turpitude; d Certified b that
a 5ilipino. provjed' /5 .ligiNç to adopt under his/her his govern the
a: .Couritry has di lomatic nat affiew, adoptee hi
iatsns with -- tfre p ton to provide the country
ppiires; - pr nd support and to child
\
b. as been living- in 'the give he,. , 'necessary moral 3. Gu
_ Philippines for at least value add examples to all his a : 'er termina f the
' r three (3) continuous years ichildr ,r inclu" ing the child to n with spect
?„ prior t6 the application for be adopted; t. ard and
• adoption and maintains 7./Agrees: to 1i hold the basic Cle a e s/her
such :residence _until_ the, .rights 4f the c • ild as embodied ilities
‘adoptpri decree is :-under,Fhlttal e laws, the U.N.
*entered,:ekept when.. %,.../Con/ntion' the Rights of a
IA A fo er , 0410 citi Chi , and t 'abide by the rules As to Who rtified A child who has been certified by
• .7
eeks , to a reg bons issued to Can Be egally the DSWD as legally available for I
re ive ,watbrt the ,/fnplemerif the Inter—Country Adopted ava a option. The certification shall be.
degree - A'doptipti Act, Ce ntents and purposes, the
6
- andartguini ST. from a country with inte rposes, the primary evidence that the child is
Ay: whom the Philippines has prim that the child legally available in an inter-country
ii. One s'eeks' diplomatic relations and whose is I vadat:4e in a adoption proceeding as provided in
adopt the egitimate government maintains a domestic adoption proceeding, R A. No. 8043 (RA. 9523, Secs 8.
son/daughter of his/her similarly authorized and as provided in R.A No. 8552 11).
Filipino spouse; or accredited agency and that (R.A. 9523, Secs. 8, 11);
iii One who is married to adoption is allowed under Legitimate child of the other No child shall be matched to a
a Filipino citizen and his/her national laws; and spouse; foreign adoptive family unless it is
seeks to adopt jointly 9. Possesses all the qualifications Illegitimate child of a qualified satisfactorily shown that the child
with his/her spouse a and none of the adopter to improve the child's cannot be adopted locally (Sec.
relative within the disqualifications under the status; 11).
fourth degree of Inter—Country Adoption Act 4 A person of legal age, who,
consanguinity or affinity and other applicable Philippine prior to the adoption, has been There shall be no physical transfer
of the Filipino spouse. laws (Sec. 9). consistently considered by the of a voluntarily committed child
Note: The relative within Note: Where both adopters are adopter as his/her own child earlier than six (6) months from the
since minority; date of execution of Deed of
the fourth degrere of Americans/aliens who have
consanguinity or affinity in resided in the Philippines for at 5 Child whose adoption has Voluntary Commitment except.
R.A 8552, Sec. 7(b)(i) & least 3 continuous years prior to been previously rescinded; and 1. Adoption by a relative: or
(iii) includes an illegitimate the filing of the petition for 6 Child whose biological or 2 Children with special medical
adoptive parents have died conditions (Implementing
child of the Filipino mother. adoption, their petition for adoption
provided that no proceedings Rules and Regulations on R.A
It does not distinguish may be brought under R.A. 8552,
la 4

R.A. No. 8552

CIVIL LAW 1
San Bede Law-RGCT Bar Operaeons Center im

R.A. No. 8043

[3,ERA.t1 RED BOOK
2. Attempt on the life of the adoptee;
<el
(Domestic Adoption Act) (Inter-Country Adoption Act) 3 Sexual assault or violence; and
4 Abandonment and failure to comply with parental obligations (RA. No
shall be initiated within 6 No 8043. Sec. 25) 8552, Sec. 19).
months from the time of death Note: Adoption shall not be subject to rescission by the adopters. However, the
of said parents (Sec. 8). adopters may disinherit the adoptee for causes provided under Article 919 of the Civil
Code (R.A No. 8552. Sec 19)
Note: Child - a person below eighteen (18) years of age or a person over eighteen (18)
years of age but is unable to fully take care of himself/herself or protect himself/herself
Q: What are the effects of rescission of domestic adoption?
from abuse, neglect, cruelty, exploitation, or discrimination because of physical or
ANS: The effects are the following.
mental disability or condition (R.A. Na 9523, Sec. 2(2)).
1. Parental authority of adoptee's biological parents or legal custody of DSWD
Note: A judgment of adoption of a Filipino citizen under foreign (Japanese) law may be shall be restored if adoptee is still a minor or incapacitated;
recognized in the Philippines (Suzuki v. Office of the Solicitor General. G R. No. 212302. 2. Reciprocal rights and obligations of the adopter(s) and the adoptee to each
September 2, 2020). other shall be extinguished;
3. Amended certificate of birth of the adoptee shall be cancelled and its original
Q: Whose consent is necessary to tic adoption? shall be restored; and
ANS: After being properly çttnse ed nd infqmp • his/her right to give or withhold 4. Succession rights shall - their status prior to the adoption, but vested
his/her approval of the a etion,t ,e wrljtep following to the adoption is rights shall be respect •. 8552, Sec. 20)
hereby required- ,. •
1 The adopfee,iften years of age or
RA. NO.11222, SIMULATED BIRTH ATION ACT
2. The bi?togi I e, g,t(s)-of-th—e".1-hltd;se , the • egal guardian, or the
prop Ste( en/ instrumentality-which h s Ia l. t iy of the child; Q: Define "Simulation of bi
3. The adopted soriS/daughter yea of age or over, of ANS: Simulation of birth d refe he tampe civil registry to make it
the adoptee, if any; appear in the record h that a c s born to a pe who is not such child's
4 Th daughterS, ten er, of the adopter biological mother, cau e loss true identity a us of such child (R.A.
if li1Wwi 1 said opteland the lattei's sp 11222, otherwise kno - irriulate rth Rectificati ct, Sec. 3(b)).
5. Th w 0, if _arA/ of the'persoo4dopting R.A. No. 8552,
Se Q: How may ti-son exemptedtko minal, c I, a • ad *nistrative liability
arising from a" "rth ecord
0: What is the Orkthelo estic a:doi:Sion b ,ittl.41art,d an fe? ANS: Notwith nding ovist of I to the • or persons who,
ANS: Husband`Vnd wi shal plrikly,adopt, eXc folletwing prior to the elf' ctivit s A im ed the birt iId, and those who
1. If on pous eekS•lo the *ate so " aughtest of the other; cooperated in the of such $ lation, shall not be criminally, civilly, or
2. If one spous eesr) eet.:;',h,s/her n ille imate son/daughter administratively habl SUC t, provicl
Provide Howe s s' nified his/her consent 1. That the si of birth w ' St interest of the child and
thereto: or that the chit as be nd treated by such person
3 If the spouse -Aarela.gajTy se raled,,fro4 er or persons her, I • r their own daughter or son;
Note: In case husband and dopt, e spouse adopts the illegitimate 2. That such peYsigt •Joersons has or have filed a petition for adoption with an
son/daughter of the other, joint paren a au ority shall be exercised by the spouses application for Itctification of the simulated birth record within ten (10)
(R.A. No. 8552, Sec. 7). years from the effectivity of this Act (R.A 11222, Sec 4).
Note: All the benefits of this Act shall also apply to adult adoptees (RA. 11222, Sec 4)
Q: What are the effects of domestic adoption?
ANS: The effects of adoption under R A No. 8552 are the following.
Q: Who may avail of administrative proceedings for the adoption and rectification
1. Severance of legal ties between the biological parents and the adoptee,
of the simulated birth record of a child?
which shall be vested in the adopters. except if the biological parent is the
ANS: A person or persons who simulated the birth of a child under the conditions
spouse of the adopter
provided under Section 4 of this Act may avail of administrative proceedings for the
2 Adoptee shall be considered as a legitimate child of the adopter(s) for all
adoption and rectification of the simulated birth record of such child: Provided, That the
intents and purposes; and
child has been living with the person for at least three (3) years before the effectivity of
3 In legal or intestate succession, the adoptee and the adopter(s) shall have
this Act. Provided, further, That a certificate declaring the child legally available for
reciprocal rights of succession without distinction from legitimate filiation.
adoption (CDCLAA) is issued by the DSWO in favor of such child (R.A 11222, Sec 5)
However, if there is a will, the rules on testamentary succession shall be
followed (R A. No. 8552, Secs. 16-18).
Q: What are the qualifications required for adopters under R.A. 11222?
Q: What are the grounds for rescission of domestic adoption? (PASA) ANS: Adopters under R A. 11222 must-
ANS: The grounds for rescission of domestic adoption are 1 Be Filipino citizens,
1 Repeated Physical or verbal maltreatment by the adopter despite having 2 Be of legal age.
undergone counseling. 3. Possess full civil capacity and legal rights;
CI> 4. Be of good moral character;
CIVIL LAW
San Soda Law- ROCT Bar Operations Center I
BEDAN
volume, RED BOOK
I Series of 2020/21

Q: Who are obliged to give support? (S-LAD-PLC-PIC-(8S)2)

<1:1
5. Not have been convicted of any crime involving moral turpitude; ANS: The following are obliged to support each other:
6. Be emotionally and psychologically capable of caring for children; 1. The apouses;
7. Be in a position to support and care for the child in keeping with the means 2. Legitimate Ascendants and Descendants;
of the family and 3. Parents and their Legitimate Children and the legitimate and illegitimate
8 In case of adoption by a married couple, where one of the adopters is a children of the latter;
foreign national married to a Filipino, the foreign national must have been Parents and their Illegitimate Children and the legitimate and illegitimate
residing in the Philippines for at least three (3) continuous years prior to the children of the latter;
filing of the petition for adoption and application for rectification of simulated 5. Legitimate Brothers and Sisters, whether of full or half-blood (FAMILY
birth record (R.A. 11222, Sec_ 7). CODE, Art. 195); and
6 Brothers and Sisters NOT legitimately related, whether of the full or half-
Q: Whose consent is required for the adoption? blood, are likewise bound to support each other, except only when the need
ANS: The written consent of the following shall be required: for support of the brother or sister, being of age, is due to a cause imputable
1 The adoptee, if ten (10) years of age or over, to the claimant's fault or negligence (FAMILY CODE, Art. 196).
2 The legitimate and adopted daughters and sons, ten (10) years of age or
over, of the adopter and aaoptee,.„ifj,.fa4y, Q: What properties are answerable for pport?
3. The illegitimate dffi..4gfft&s d-so rd 0) years of age or over, of the ANS: The properties answerable f r rt are:
adopter if livin ad rf heila ' spouse, if any; and 1. Support between the property of the absolute community or the
4. The spous qes.tee .11 / (. 8). conjugal partnership DE, Arts. 94 and 121). In case of absence
of common property, y of each spouse is answerable for the
Q: What is the status ;Ace clgpted-Cffirdr- -- support of each other/
ANS: The adopte lt cpsidered the legitimates au p j s'pin of the adopter for 2. Support of the leggrat rents - Property of the
all intents and Orposta nd as such:is entitledlo all tt rig and 4bligations provided absolute com Ty or th AMILY CODE. Arts. 94
by law to legitiqiate d ghterS or sons born to them Without (4mInation of any kind and 121) se of ab , the properties of the
(RA 11222, S6C)13) parents are nly liab
3 Support n - Property of the
• • of the adopted chi
Q: What hap?e,ns, tb, the. rel,ationshtp s/her biological childr ncluded in the term
parents? 1. \ " - a dantq''.
ANS: Except r here'e , -iciduse of tge-4&c10 ter, all legal ties 4. 11431., hether 4gitimate, by the
between the bio,fodica •arents. end the adoptee alt be severed and the same shall legitimate p (grandp rate property of the
then be vested in the a. *ter tRA '11,222, See...4) \ • grand . 197);
5 Supporf h 11 ren by parent - Separate property of the
Q: What are the geounds or rescission ofadoption wider R.A/. 11222? parent (FAMILY 1); and
ANS: Upon petitiori\o,f the Astdoptec, -the_adoptiop ,61ay iae rescinded on any of the 6 Support bearitieri of the obligor
following grounds committed.bythel -iltypterfm—ms Note: In case the ab lute cd unity or the conjugal partnership advances the
1. Repeated phygical ar verbal illaqq*Merit 1),.,,the adopter, support due from the eAr,ateproperty of a spouse the amount advanced shall be
2 Attempt on the life bfth,e.adoptee;- deducted from the sharentta spouse obliged upon the liquidation of the absolute
3. Sexual assault or violence'7--- ' community or of the conjugal partnership (FAMILY CODE, Art, 197),
4. Abandonment and failure to comply with parental obligations. or
5. Other acts that are detrimental to the psychological and emotional 0: Whenever two or more persons are obliged to give support, to whom shall the
development of the adoptee liability devolve?
Adoption, being in the best interest of the child, shall not be subject to rescission ANS: The liability shall devolve upon the following persons in the order herein
by the adopter. However, the adopter may disinherit the adoptee for causes provided in provided.
Article 919 of the Civil Code (RA 11222, Sec. 18). 1 The spouse;
2. The descendants in the nearest degree;
Asvigp:Okr-' 3. The ascendants in the nearest degree; and
4. The brothers and sisters (FAMILY CODE, Art. 199).
Q: What constitutes "support"?
ANS: Support comprises everything indispensable for sustenance, dwelling, clothing, 0: How should payment be made in case the obligation to give support falls upon
medical attendance, education and transportation in keeping with the financial capacity two or more persons?
of the family The education of the person entitled to be supported shall include his ANS: The same shall be divided between them in proportion to the resources of each
schooling or training for some profession, trade or vocation, even beyond the age of However, in case of urgent need and by special circumstances, the judge may order
majority. Transportation shall include expenses in going to and from school, or to and only one of them to furnish the support provisionally, without prejudice to his right to
from place of work (FAMILY CODE, Art 194). claim from the other obligors the share due from them (FAMILY CODE, Art. 200, pars. 1
and 2)

CIVIL LAW
San Bede Law-ReCT Bar <>petal3ons Center
Q: How should payment be made in case two or more recipients, at the same
time, claim support from one and the same person, and the latter does not have
sufficient means to satisfy all claims?
ANS: Generally, the order established in Article 199 shall be followed unless the
concurrent obligees should be the spouse and a child subject to parental authority, in
which case the child shall be preferred (FAMILY CODE, Art 200. par.3)
el
kiERANRED BOOK
Q: When is there support pendent° lite in criminal cases?
ANS: In criminal actions where the civil liability includes support for the offspring as a
consequence of the crime and the civil aspect thereof has not been waived, reserved
and instituted prior to its filing, the accused maybe ordered to provide support pendente
Fits to the child born to the offended party allegedly because of the crime (RULES OF
COURT, Rule 61, Sec. 6)

Q: What should be the basis for the amount to be given as support? Q: What happens when the judgment or final order determines that the person
ANS: It shall be in proportion to the resources or means of the giver and to the providing support pendente lite was not liable to so provide?
necessities of the recipient (FAMILY CODE, Art. 201). Support in the cases referred to ANS: When the judgment or final order of the court finds that the person who has been
in Art 201 shall be reduced or increased proportionately, according to the reduction or providing support pendente lite is not liable therefor, it shall order the recipient thereof to
increase of the necessities of the recipient and the resources or means of the person return to the former the amounts already paid with legal interest from the dates of actual
obliged to furnish the same (FAMILY CODE. Art_ 202). The amount of support granted payment, without prejudice to the right of the recipient to obtain reimbursement in a
in a judgment may be changed from time to time Similarly, contractual support shall be separate action from the person legally obliged to give the support (RULES OF COURT.
subject to adjustment whenever modification is necessary due to changes of Rule 61, Sec 7)
circumstances manifestly beyond the Aterapietton of the parties (FAMILY CODE. An.
208, par 2). , 0: Under the Family Code, when an shall support be claimed and paid?
' ANS: The obligation to give supp demandable from the time the person who
Q: What is the option verito thelperson.ailiged to ivesupport in order to fulfill has a right to receive the same n aintenance, but it shall not be paid except
his obligation? from the date of judicial or extra-j Find. Support pendente lite may be claimed
ANS: The person give-supr6irt1lati have roption to fulfill the obligation in accordance with the Rules of C u II be within the first five days
either by: of each corresponding month opkhen irs shall not tie obliged to
1 Pap g ttbáifowaice fixed, or return what he has recetv 4rredvance MILY COD no)
=
2 Reibiving and maintaining in the family dwe' Iling e person who has a right Note: Formal deman upporki. t required. A irite,n commitment by the
topi e puppor husband to support his hter,,s "as re sted by their rpo err.' is sufficient evidence
Note: The la native nribt be availed of inicase ere is ia moral or legal of extrajudicial derne fne. Lacson R. No. 1506/4, 4uglist 28, 2006)
obstacle there LY CO E, Art 204). I:'
'
Q: What is thefup qkattaQlt nt of the right toi r‘Ckive sui:iiii:0?!
girAtF0117-. V1,:=

ANS: As a gekeral nJ tlie`<lp ‘ to receive supkill.Xindet Title II as well as any Q: What is the cope ntaaho
money or prope d aS.,su ,:, ppOrt lf-noThe le4ied up n on attachment or ANS: Pursuant tty be right d d of parents over e person and property of
execution (FA Arfft. rt 2p .',.. t
their unemancipate arental aut rity and responsibility shall include:
S
- 1, 1' ,.. . ,, 1. The caring earing the consciousness and efficiency; and
Exception: In case nstippdiLds_triat n.oy wilt the excess in amount 2. The develo of their •
hysical character and well-
beyond that require „„sball.e s4i,,jel'Id
i levy on attachment or being (FA
execution (FAMILY COD part).
Q: Who exercises paren •i
Q: When does the obligation of ual.supporTbetween the spouses cease? ANS: The father and mother shall jointly exercise parental authority over the persons of
ANS: After the final judgment granting the petition for legal separation, annulment of their common children. In case of disagreement, the father's decision shall prevail
marriage, and declaration of nullity of marriage, the obligation of mutual support unless there is a judicial order to the contrary (FAMILY CODE, Art. 211, par.1).
between the spouses ceases (FAMILY CODE, Art. 198)
Note: For Article 211 to apply to illegitimate children, two requisites must concur,
Note: In case of legal separation, the court may order that the guilty spouse shall give namely:
support to the innocent one, specifying the terms of such order (FAMILY CODE, Art. 1. The father is certain; and
198) 2. The illegitimate children are living with the said father and mother who are
cohabiting without the benefit of marriage or under a void marriage not
Q: How will the spouses and their children be supported during the proceedings falling under Articles 36 and 53 (STA. MARIA, Persons, supra at 830-831).
for legal separation, annulment of marriage, and for declaration of nullity of
marriage? 0: In what cases may a parent waive parental authority over his or her children?
ANS: During the proceedings for legal separation or for annulment of marriage, and for ANS: The law allows a waiver of parental authority only in cases of adoption,
declaration of nullity of marriage, the spouses and their children shall be supported from guardianship, and surrender to a children's home or an orphan institution (Eslao ii
the properties of the absolute community or the conjugal partnership (FAMILY CODE, Court of Appeals and Corder°, G.R. No. 116773, January 16, 1997)
Art 198)
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Q: What is the effect of absence, death, unsuitability, remarriage of the surviving 6. A child who Needs long-term care and close family ties but who cannot be
parent or separation of the parents to the parental authority exercised over the placed for domestic adoption;
children? _ 7. A child whose Adoption has been disrupted,
ANS: The effects are the following - 8. A child who is under Socially difficult circumstances such as. but not limited
to, a street child, a child in armed conflict or a victim of child labor or
Effect to parental authority exercised over the children trafficking;
9. A child who committed a Minor offense but is released on recognizance, or
The parent present shall continue exercising parental authority. who is in custody supervision or whose case is dismissed; and
10. A child who is in need of §pecial protection as assessed by a social worker
The parent present shall continue exercising parental authority. an agency or the DSWD.
Death of either
parent Provided, that in the case of (2), (3), (6), (8), (9), and (10), the child must have no
family willing and capable of caring and providing for him (R.A. 10165, Sec 4).
Remarriage of the It shall not affect the parental authority over the children unless
surviving parent the court appoints another person to be the guardian of the Q: Who may be a foster parent?
person or property of the children (FAMILY CODE, Art. 212). ANS: An applicant Who meets all of the following qualifications may be a foster parent
1. Must be of legal age;
Reparation of the Parental.,a ori hall ercied by the parent designated by 2. Must be at least sixtee ears older than the child unless the foster
parents the o rtNThe Colin 'al tafe. nto account all relevant parent is a relative;
ttot...es.freca Kthe child over seven (7) 3. Must have a genuine actty and commitment in parenting and is
-, unless the pa osois unfit No child under able to provide a famil -re for the child
rs•-tral-shi from the mother 4. Must have a healthy tionsh th each family member
s e court finds ,compeittng to order otherwise living with him or
ANLy CODE, Art:21M. 5. Must be of ral cha ,
6. Must be p and capable and e ally mature;
Death, absence or ubstitlate-parentat-euthority I be e erase by the surviving nt re be able to p r the family's needs;
7. Must have
unsuitability of randpbrent tn- case several-su lye, th ViTe' ' signated by the rther ho or be trained io ' n noeledge, attitudes and
8. Must be
the parents court, t` king if)to account, the s me co n mentioned in ild: nd
skill •
he -p . sing article, 'shall rpise he hority (FAMILY mum num r o child' n under his foster
9.
ODE', or a rovided in the
„ 1,- . 1M s (IRR) o
' .<.• ,
Q: What is the der o ubstqufas rental 9 . Note: In determin e bes suit oster parent, the relatives of the child shall
ANS: In default paren or a judick ...ajoKinted'ziiard- the f9110wi0g person shall be given priority, so y meet the ve ualifications. An alien possessing the
exercise substitute rental thOrj*O tiecIRd iii t 6 order i icated above qualifications a has resid ppines for at least twelve (12)
1. The sury g gr9 --n.f.1!-...,,'_‘-',--- -
continuous months a ntains ermination of placement by
2, The oldest ttief r-Sis ert b,y'b ye3siof age, unless unfit or the DSWD or expira r family license, may qualify as a foster parent (RA.
disqualified; an ,, 'T ...\ 10165, Sec. 5).
3, The child's actual cOstod4s, o etiw- fity-dice years of age, unless unfit or
disqualified (FAMILY CODE 16). Q: What is the Parental Authority of a Foster Parent?
ANS: Foster parents shall have the rights, duties and liabilities of persons exercising
Q: What is "Foster Care"? substitute parental authority, as may be provided under the Family Code over the
ANS: Foster Care refers to the provision of planned temporary substitute parental care children under their foster care (R.A. 10165, Sec. 6).
to a child by a foster parent (RA 10165, otherwise known as the "Foster Care Act of
2012' Sec 3(f)). 0: What are the limitations on Parental Authority of a Foster Parent?
ANS: Foster parents shall only have the rights of a person with special parental
Q: Who may be placed under Foster Care? (AVS-FANAS-MS) authority to discipline the foster children as defined under Section 233 of the Family
ANS: The following may be placed in foster care. Code, insofar as it prohibits the infliction of corporal punishment upon the child (RA,
1_ A child who is Abandoned, surrendered, neglected, dependent or orphaned; 10165, Sec. 7).
2. A child who is a Victim of sexual, physical, or any other form of abuse or
exploitation; 0: When is placement terminated?
3. A child with Special needs; ANS: Termination of placement shall be done by the DSWD, upon recommendation of
4, A child whose Family members are temporarily or permanently unable or the agency, on the following grounds:
unwilling to provide the child with adequate care; 1. Return of the child to biological parents;
5. A child awaiting Adoptive placement and who would have to be prepared for 2. Placement for adoption of the child:
family life; 3. Death of the child;
4. Death of both foster parents:
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5 Expiration of the EPA: and Q: What is "Family Tracing and Reunification"?

6 In all cases where placement becomes prejudicial to the welfare of the child, ANS: Family Tracing and Reunification refers to the process where disaster response
such as, but not limited to, abandonment, maltreatment, sexual assault, teams reunite families separated by natural and human catastrophes by bringing
violence or other forms of abuse. together the child and family or previous care-provider for the purpose of establishing or
Note: In the case of No. 6, the foster child, with the assistance of a registered social reestablishing long-term care (R.A. 10821, Sec 3(h)).
worker, shall have the option to apply for termination of placement (RA. 10165, Sec. 14)
Q: Who are "orphaned children"?
Q: When may a foster parent apply for a Long-Term Foster Placement Authority ANS: Orphans or Orphaned Children refer to children who do not have a family and
(LTFPA)? relatives who can assume responsibility for their care (R.A 10821, Sec 3.(j))
ANS: If a child has been under the care of a foster parent for a period of at least seven
Q: Who are "separated children"?
(7) years, the said foster parent may apply for Long-Term Foster Placement Authority
ANS: Separated Children refer to children separated from both parents, or from their
(LTFPA), subject to the following conditions-
previous legal or usual primary caregiver, but not necessanly from other relatives. As a
1 The child's return to his biological parents or placement in an adoptive
result, this may include children accompanied by other family members (RA. 10821.
family is not imminent,
Sec 3(k)).
2. The foster parent continues to possess the qualifications required under tins
Act and a valid foste M1yeare4lcejse for the entire duration of the foster Q: Who are "unaccompanied child '
care; ANS: Unaccompanied Children r ildren who have been separated from both
3 The child, if ssisted by a social worker, parents and other relatives, and being cared for by an adult who, by law or
gives writt he *er parent; and custom, is responsible for doing 1, Sec 3(n))
4 Aside fr ar monitoring vis The,,SW shall reassess and
reeve! ster--titrme sttuati6 ree years, to determine Q: What is the rule on Orphan arated Children whose
whet the best :interest ofthe ch d fkord l ng in the foster family cannot be found or eviding proper care and
horrp on g-tel-m basis (R;4c 10165. Se1j. 15 protection?
ANS: Orphaned child led or separated dhildren whose families or
Q: What is tejIfeFt of i - gr—aTif—ore—tbilg-Teiiii Fost r jcment Authority relatives cannot be to e incapable of prolring proper care and
(LTFPA)? protection shall be ccredited re "de tia 'kcare facility or with a
ANS: Long-T n Pi ter Pla, mentAuthority:grants te foster; pare custody over the foster family in the Child nd youtkWelfare Code, or a
: vient ortfi&-eVentuali icf.„adoption b the latter by the
foster child wi BuLt ,p *Lig community-ba I worker the needed case
former During hispehod. &foster child ihalkenjoy the rfghts of a-6411d under Article 3 management ec 6)
of the Child an Authirelf4 de, and under ial*laws/Providid, that there shall
be no mandatonknghts ksuc4Wio. in fator o the foster child (R.A. 10165, Sec. 15) Q: What is the lia ng special par authority?
ANS: The law pro ising special parental authority under Art
Q: How is substitute parentez1 at4:ori nd spgciaI rental apthority exercised? 218 of the Family Co e 'darily liable for damages caused by
ANS: They are exe ed as1NokVZ:- •
the acts or omissions rents, judicial guardians or
the persons exercising jbstitut d minor shall be subsidiarily
Substitute Parental Authority Special Parental Authority
liable They are not lia ved that they exercised the proper diligence required
Exercised in case of (OAU) ze
. 'r it'e''''crconcurrently with the parental under the particular circurhsfar s (FAMILY CODE, Art. 219),
1. Death authority of the parents (FAMILY CODE,
2. Absence, or Att. 218). Q: When are parents and other persons exercising parental authority over the
children civilly liable for the injuries and damages caused by their unemancipated
3 Unsuitability of parents (FAMILY
children?
CODE, Art. 214)
ANS: Parents and other persons exercising parental authority shall be civilly liable for
the injuries and damages caused by the acts or omissions of their children'
Q: When shall special parental authority be exercised? 1. While living in their company; and
ANS: Special parental authority shall be exercised as follows. 2. Under their parental authority, subject to appropriate defenses provided by
1 In case of foundlings, abandoned, neglected or abused children and other law (FAMILY CODE, Art. 221).
children similarly situated, parental authority shall be entrusted in summary
judicial proceedings to heads of children's homes, orphanages and similar Q: What are the rules in the exercise of legal guardianship over the property of
institutions duly accredited by the proper government agency (FAMILY the child?
CODE, Art. 217), or ANS: The following are the rules:
2 The school, its administrators and teachers, or the individual, entity or 1. The father and the mother shall jointly exercise legal guardianship over the
institution engaged in child care shall have special parental authority and property of the unemancipated common child without the necessity of a
responsibility over the minor child while under their supervision, instruction court appointment. In case of disagreement, the father's decision shall
or custody. Authority and responsibility shall apply to all authorized activities prevail, unless there is a judicial order to the contrary (FAMILY CODE, Art
whether inside or outside the premises of the school, entity, or institution 225, par.1);
(FAMILY CODE. Art 218).
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2, Where the market value of the property or the annual income of the child
exceeds P50,000 the parent concerned shall be required to furnish a bond
in such amount as the court may determine, but not less than ten per
centum (10%) of the value of the property or annual income, to guarantee
the performance of the obligations prescribed for general guardians; and
Note: A verified petition for approval of the bond shall be filed in the proper
court of the place where the child resides, or, if the child resides in a foreign
country, in the proper court of the place where the property or any part
thereof is situated (FAMILY CODE, Art. 225, par.3).
3. The property of the child earned or acquired with his work or industry or by
onerous or gratuitous title shall belong to the child in ownership and shall be
devoted exclusively to the latter's support and education, unless the title or
transfer provides otherwise.
Note: The right of the parents over the fruits and income of the child's
property shall be limitel,.primarily4Qe child's support and secondarily to
the collective daily„needs of-thefamily.(FAAN,LY CODE, Art. 226, par.2).
t ;
Q: What are the grounds*tusgension-roCiparental_authbqty? (CEO BAN)
ANS: The grounds ar_e'the'follpvang:
1 Conviction alv4itercliction (FAMILY CODE,
Art. 2,30 , I Code (FAMILY CODE, Art. 286 a's am'en'tie'elS7R14,4/P7:68.0
f „
•
Note: The Athority is autoniaticalfireinstated CipOn sei ice of the penalty
or iipon..pa,r"don oii_amnesbinflhe_offender..(STA. MARIA,Wersons, supra at
899); - • capacity of some minors to:ConSent independently to mepicif prbcedures, if they have
2. ExCessively harsh or cruel treatment against the child,.
3. Gii:ring. the', child-Ool'rupting Ordere Counsetior -xamPle,
§ , •
4. Child is corripell0 tb7BeVIT7,-.77---:7.----37; -
5. Subjecting the child or allowing .. hirri:`-tO' be subjected to Acts of
lasciviousness; and
6 Culpable NebfigeneeH,-,committed .4i)he parent or person exercising
authority (FAMILY CODE; Art;43:1.):-:.
Q: What are the grouhds.foqerrnination,pLparefitat,ailtriOrity?
ANS: The termination apafental iuthorfty,may -he,pertrOngnt or temporary.
1. Parental authontilerminates righen(ljr-(PECS)
a. Upon the death orfitetParents;
b. Upon the death of the Child;
c. Upon Emancipation of the child (FAMILY CODE, Art. 228); or
Note: A child is emancipated upon reaching the age of majority which
is 18 years (FAMILY CODE, Art 234, as amended by R.A. No. 6809).
d. The person exercising parental authority has subjected the child or
allowed him to be subjected to Sexual abuse (FAMILY CODE, Art
232).
2. Unless subsequently revived by a final judgment, parental authority also
terminates: (AGADI)
a. Upon Adoption of the child;
b. Upon appointment of a General guardian;
c, Upon judicial declaration of Abandonment of the child in a case filed for
the purpose,
d. Upon final judgment of a competent court Divesting the party
concerned of parental authority; or
e. Upon judicial declaration of absence or Incapacity of the person
exercising parental authority (FAMILY CODE, Art 229).
BEDAN RED BOOK
Note: Under the Child Abuse Law (R.A. No. 7610), the ascendant, step-parent or
guardian who shall induce, deliver or offer a minor to any one prohibited by the
said law to keep or have in his company a minor in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage
parlor, beach and/or other tourist resort or similar places shall lose parental
authority over the minor (R.A. No. 7610, Sec. 10).
,•z0lAilCIPATIO14
Q: When does emancipation take place?
ANS: Emancipation takes place by the attainment of majority Unless otherwise
provided, majority commences at the age of eighteen (18) years (FAMILY CODE, Art
234 as amended by R.A. No 6809),
CI: What are the effects of emancipation?
ANS: Emancipation for any cause shall. prminate parental authority over the person
and property of the child who shall ther4equalified and responsible for all acts of civil
life, save the exceptions establisherf.tii4xfSting laws in special cases.
Nothing In the Family Ci402,14pop, construed to derogate from the duty or
responsibility of parents and guirdians10 . hildren and wards below twenty-one (21)
years of age mentioned in the sAe ri.0.4thallia4oraphal-pf Article 21E10 of the Civil
-:•• Kr, .,9,.
Q: What is the "Mature Minor Doctrinelnder R.A. 1116910
ANS: The Mature Minor_ ,boctrine,reterVo the legal principle that recognizes the
been assessed by„'qualified,health projessjtials to underitand the'inature of procedures
and their coneequence0o,rnake a deOisioor their owrOR Al' 11165 Sec. 3(bb)
'. 4174TP ,Ir
Q: How is Evolving DaRactpes ofthe C ild definedlgodit0; 1166?
ANS: The Evolving gepabities of the Chit, to the concept enshrined in Article 5
of the Convention On the Rights of the tilld recognizing the developmental changes
and the corresponding progress in cognitiMatnie and capacity for self-determination
undergone by children as It14 grow ,ep,,Au rat ta zents and others charged with
the responsibility for the child to.pieVide'Ve'rying degrees orprotection, and to allow their
participation in opportunities for'eatenomous decision-making (R.A. 11166, Sec. 3U)).
Q: Under what circumstances is HIV testing available?
ANS: HIV testing shall be made available under the following circumstances:
1, In keeping with the principle of the evolving capacities of the child as defined
in Section 3(i) of this Act, if the person Is fifteen (15) to below eighteen (18)
years of age, consent to voluntary HIV testing shall be obtained from the
child without the need of consent from a parent or guardian:
2. In keeping with the mature minor doctrine as defined in Section 3(bb) of this
Act, any young person aged below fifteen (15) who is pregnant or engaged
in high-risk behavior Shall be eligible for HIV testing and counseling, with the
assistance of a licensed social worker or health worker. Consent to
voluntary HIV testing shall be obtained from the child without the need of
consent from a parent or guardian; and
3. In all other cases not covered by No. 2. consent to voluntary HIV testing
shall be obtained from the child's parents or legal guardian if the person is
below fifteen (15) years of age or is mentally incapacitated. In cases when
the child's parents or legal guardian cannot be located despite reasonable
efforts, or if the child's parents or legal guardian refused to give consent, it
shall be obtained from the licensed social worker or health worker. To
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protect the best interest of the child, the assent of the minor shall also be 3. Fixing the family domicile (FAMILY CODE, Art 69);
required prior to the testing (RA. 11166, Sec, 29). 4. In case of disagreement, where one spouse objects to the exercise of a
profession, occupation, business, or activity by the other (FAMILY CODE,
Q: To whom may the test results be disclosed? Art. 73);
ANS: The result of any test related to HIV shall be disclosed by the trained service 5. Disagreement on the administration and enjoyment of the community or
provider who conducts pre-test and post-test counseling only to the individual who conjugal property (FAMILY CODE, Arts. 96, 124);
submitted to the test. If the patient is below fifteen (15) years old an orphan, or is 6, In case of separation in fact of the spouses, the petition by the spouse
mentally incapacitated, the result may be disclosed to either of the patient's parents, present to be given judicial authority to administer or encumber any specific
legal guardian, or a duly assigned licensed social worker or health worker, whichever is separate property of the other spouse and use the fruits or proceeds
applicable" Provided, That when a person below fifteen (15) years of age and not thereof to satisfy the absent spouse's share for the support of the family
suffering from any mental incapacity, has given voluntary and informed consent to the (FAMILY CODE, Arts. 100, 127);
procedure in accordance with Section 29(b) of this Act, the result of the test shall be 7. When a husband and wife are separated in fact, or one has abandoned the
disclose to child: Provided, further.. That the child should be given age-appropriate other and one of them seeks judicial authorization for a transaction where
counseling and access to necessary health care and sufficient support services. the consent of the other spouse is required by law but such consent is
withheld or cannot be obtained (FAMILY CODE, Art, 239).
It may also de disclosed to a person authorized to receive such results in 8. Where the parents or indi at, entity, or institution exercising parental
conjunction with the DOH Monito • -87tras-pr.o ed in Section 43 of this Act (R.A. authority petition the
T I 7 n order providing for disciplinary measures
11166. Sec. 46).
Li \ , 9.
over the child (FAMIL
Where the market v
rt. 223);
roperty or the annual income of the child
JUD1IALIR EEb TiletA exceeds P50,000, th cemed shall be required to furnish a bond
the fp'Ode telop.stIrmary u ici roc4di under the Family in such amount as ermineOrt not less than ten per
Q: What is
Code? centum (10%) of va al income, to guarantee
ANS. The toll g rocedure •OF stimmary judiciel p edings under the the perform of the, o gations prescr for general guardians
Family Code: (FAMILY , Art 225
41
1. A n etition h—rbe filedjn court 4f4lLY C09f..-Art. 239); Note: In 4. and 9-4 veIjed petition m filed (FAMILY CODE,
2. Th c shall oti ' the other spous persoN whose; consent to the Art. 24
tra s D is Leci ired,'Ordering:hitn/her „showiditIV why the petition
The netice.shatl set the date for the:initial conference Q: Where sh d-casestnvolving paren authority
an rnpan1ei3 by a cop 2,f the petit tin (FAMItY-CODE, Art. 242); ANS: Such j;) ions.st )il ve ed an ed in t ustief the place where
3 A pl ltrninaS cork\ shall e con .,by the judg'elpersonally without the child resid (FAMAri ). Famit Jrtser e jurisdiction over
the dies b 'ng a s un .. Aft 'the yfitial co9ference, if the court summary judicial r the provisions of the Family Code (RA.
deem it use the`pkdies _ei--asststed,by counsel at the succeeding 8369, otherwrse kn of 1997, Sec. 5(1)).
confe ces an adeOSIff(MAY\C.QD5Art 243)/
4. In case on- 0 Fite-ef-the-tither,,spoLite., tie' court shall inquire into WVAg.:7PFSVOIYAME.
the reason I re a aes shatl,Aquire such appearance if 0,
possible, If des II fforts iltia such spouse is not secured, Q: What are the rules itttthe u f surname by the child?
the court may pro ex nder judgment as the facts and ANS: The rules as to usei)bmame by the child are as follows:
circumstances may warrant LY CODE, Art. 244-245); 1. Legitimate child Shall use the surname of the father (CIVIL CODE, Art. 364);
5. If the petition is not resolved at the initial conference, said petition shall be 2. Legitimated child shall use the surname of the father (CIVIL CODE, Art.
decided in a summary hearing on the basis of affidavits, documentary 364);
evidence, or oral testimonies at the sound discretion of the court. If 3. Child conceived before the decree annulling a voidable marriage shall use
testimony is needed, the court shall specify the witnesses to be heard and the surname of the father (CIVIL CODE, Art. 369):
the subject-matter of their testimonies, directing the parties to present said 4. Illegitimate child shall use the surname of the mother (CIVIL CODE. Art.
witnesses (FAMILY CODE. Art 246); and 368);
6 Judgement shall be rendered, which shall be immediately final arid Notes: Illegitimate children may use the surname of their father if their
executory (FAMILY CODE, Art_ 247). 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
Q: What are the cases covered by summary judicial proceedings under the Family document or private handwritten instrument is made by the father. Provided,
Code/ the father has the right to institute an action before the regular courts to
ANS: The cases covered by the summary judicial proceedings under the Family Code prove non-filiation during his lifetime (FAMILY CODE, Art. 176 as amended
are by RA 9255).
1. Subsequent marriage in case the prior spouse had been absent for four
The illegitimate child has the right to decide if they want to use the
consecutive years and the spouse present has a well-founded belief that surname of their father who has recognized him/her, The father or mother
the absent spouse was already dead (FAMILY CODE, Art.41); cannot dictate the surname of their illegitimate child (Grande v. Antonio.
2 Delivery of presumptive legitirne (FAMILY CODE. Art. 51); G.R. No. 206248, February 18, 2014).
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5 Adopted child shall use the surname of the adopter (CIVIL CODE, Art 365)
Q: When does provisional absence take place? (DAW)
Q: What are the rules in the use of surname of a married woman? ANS: Provisional absence takes place when:
ANS: A married woman may use. 1. A person disappears from his Domicile;
1 Her maiden first name and surname and add her husbands surname; 2. A person disappears without leaving an Agent to administer his property.
e g Maria Torres-Cruz and
2. Her maiden first name and her husband's surname, or 3. His Whereabouts are unknown (CIVIL CODE, Art, 381).
e.g. Maria Cruz
3 Her husbands full name, but prefixing a word indicating that she is his wife, Q: What are the provisional measures provided by law in case of provisional
such as "Mrs. absence?
e.g. Mrs. Jose Cruz (CIVIL CODE, Art 370). ANS: The judge may appoint a person to represent him in all that may be necessary at
the instance of an interested party, relative, or a friend.
Q: What is the rule in the use of surname of the wife in case of annulment of
marriage? Note: The same rule shall be observed when under similar circumstances the power
ANS: If the wife is the guilty party, she shall resume her maiden name and surname. If conferred by the absentee has expired (CIVIL CODE, Art. 381), The appointment
she is the innocent spouse, shp retflne4ej,aiden name and surname (CIVIL referred to having been made, the ' e shall take the necessary measures to
safeguard the rights and interests absentee and shall specify the powers.
CODE, Art 371) T x • obligations and remuneration of ntative, regulating them, according to the
Q: What are the instphceSw he"Wffe1May.:40T .‘on'ti-iike to employ her former circumstances, by the rules gover ns (CIVIL CODE, Art 382)
husband's surna ' „ „
ANS: She may c . .s a n employing helforryierOusbp surname unless: Q: Is there a preference as ent o representative for an
I. The arede tes,othenkise; or absentee?
2. Shes or t fformer husband it married again'*..,apo er person (CIVIL ANS: In the appointme tive, the spouse py,esent shall be preferred
CODE_Art 371) _ when there is no legal entee left no sp -a, any competent person
1 may be appointed (CI
Q: What is the rule d the use of surname of the wife in case of legal separation?
ANS: When legaheeparapon has been ranted the wife shah Icorifnue using her name Q: When can th e,.aIieclarat of absence•of aipers,on7
and surname e:rnprOy4d beforel,halegaLse-paration,procCODE. Art p72) ANS: The ab declarecrtind he following
1 T ing lapsed out an tie. t1 absentee or sinr:e
Q: How about in caseof death? ' the ast ;a
ANS: In case of death\pf the husband, a widow may use the deceased husband's 2. Five ntee has left a person in charge of the
surname as though he were,still living,.itraedrdahce wittyArticie 410 (CIVIL CODE, Art adminis VIL CODE, Art 384)
373) Note: The judicial decr e effect until six (6) months after
its publication in a new OLODE Art. 386).
Q: What are the ruleS'in,cias96;i:de'n
."Imy' ornernec'ehd .surnames?
ANS: In case of identity ornarZesfand st1r-414es; ftie:cuidg are as follows. Q: Who may ask for thi clie, ion of absence?
1 The younger persolt.sbalLAe iged""to use such additional name or ANS: The following may TSVfotthe declaration of absence
surname as will avoid confusion (CIVII CODE, Art 374)- 1. The spouse present,
2 Between ascendants and descendants, the word "Junior" can be used only 2. The heirs instituted in a will, who may present an authentic copy of the
by a son Grandsons and other direct male descendants shall either: same;
a Add a middle name or the mother's surname; or 3. The relatives who may succeed by the law of intestacy; and
b Add the Roman Numerals II, Ill, and so on (CIVIL CODE, Art. 375). 4. Those who may have over the property of the absentee some right
subordinate to the condition of his death (CIVIL CODE, Art 385;
Q: When can a person use different names and surnames?
ANS: As a general rule, no person shall use different names and surnames (CIVIL When does the administration of the property of the absentee cease?
CODE All 380) MIS: The administration shall cease in any of the following cases:
1 When the absentee appears personally or by means of an agent,
Q: What is the exception to the general rule that a person cannot use different 2 When the death of the absentee is proved and his testate or intestate he,rs
names and surnames? appear; and
ANS: The use of pen names or stage names, provided it is done in good faith and 3. When a third person appears, showing by a proper document that he has
there is no injury to third persons (CIVIL CODE, Art 379) acquired the absentee's property by purchase or other title (CIVIL CODE
Note: Usurpation of a name and surname may be the subject of an action for damages Art. 389).
and other relief (CIVIL CODE, Art, 377).
Q: What is the limitation on the power of the wife who is appointed as an
CIVIL LAW I
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. N.RED BOOK
• pERrA
Q: What is a "clerical" or "typographical error"?
<11111
administratrix of the husband's property? ANS: °Ciencai or typographical error" refers to a mistake committed in the performance
ANS: The wife cannot alienate or encumber the husband's property, or the conjugal of clerical work in writing, copying, transcribing or typing an entry in the civil register that
partnership, without judicial authority (CIVIL CODE, Art, 388) is harmless and innocuous, such as misspelled name or misspelled place of birth,
mistake in the entry of day and month in the date of birth or the sex of the person or the
Q: What are the rules as to presumption of death under the law? like, which is visible to the eyes or obvious to the understanding, and can be corrected
ANS: In case of an ordinary absence, the following are the presumptions. or changed only by reference to other existing record or records(R A 9048 as amended,
1. After absence of seven (7) years, the person is presumed dead for all Sec. 2(3)).
purposes except for those of opening succession (CIVIL CODE. Art. 390,
Note: No correction must involve the change of nationality, age, or status of the
par.1);
petitioner (R.A. 9048 as amended, Sec. 2(3)).
2. After absence of 10 years, the person is presumed dead for purposes of
opening his succession except if he disappeared after the age of 75, in
Q: Who is authorized to issue a valid marriage license?
which case, a period of five (5) years is sufficient (CIVIL CODE. Ad 390,
ANS: The Local Civil Registrar of the city or municipality where either of the contracting
par 2); and
parties habitually resides, except in marriages where no license is required by law is
3. After absence of four (4) years, the person is presumed dead for purposes
the person authorized to issue a valid marriage license (FAMILY CODE, Art 9)
of remarriage of the sp se4„,(FAMILY CODE. Art 41)
In case of extraordina or qualified' absence:' the following are the rules for all Q: What are the grounds for cha st name or nickname? (RHS)
purposes including thos eriirtg.su&es4sion ' ANS: The petition for change of or nickname may be allowed in any of the
1 After a pe • irtrita-pers3'n shaltbe presumed dead, and following cases-
2 For pu 6..period of two (2) years The petitioner finds th or nickname to be Ridiculous tainted with
shall (F..4 Y C9/2E, dishonor or extremely
- •
The folio be presumed dead under ektracirdinafy or qualified absence 2. The new first narrr r6 nrc y and continuously used
after a period o (VAD) by the petfti nd he h n publicly know y that by that first name
A board-a-VessetioStduringo-s0' voyagetr an airplane which is or nickna
mi nod isounted front the loss of the vesserdrariDlane, 3. The chang si (R.A. 9048, S
2 A erso the Aiiied forces who had taken part injwar.
3. A n n DanOr of deitli7under other CirgurmsOnces and his existence R.A. NO. 9710,
ha Q: What are qu s rel ting to T rriage s protected by
,, - ..•;._ .
Note: The pre ndite7:99t
r•ttiel,: \le.AWA 4 :C'Ode is Melr.ely
. 1-11) ' one of evidence The Magna Ca of
which may be in ny ac,t)orv. „pro4‘edi _Itt,IS, it 9annot be the lone subject of ANS: The State* all e appro at easures to e iscnmination against
an independent a Atia's-At. ReAblic, G./R. No 230751, April women in all matte a ng marriage ;`: family relations and shall ensure:
25, 2018). ' ',,- ,% .---77,--7...; • ' •, , i 1. The sa right to enter leave marriages or common law
--...._,,.._--
•I I.:- '‘ - relationship red to u it Code without prejudice to
Q: What is the effect i ppearrr personal o igious
ANS: If the absentee ap S‘xistence is proved, he shall 2 The same 'fits to se freely a spouse and to enter into marriage only
recover his property in the co be found, and the price of any with their fr II consent. The betrothal and the marriage of a child
property that may have been alienat property acquired therewith, but he cannot shall have no le ect:
claim either fruits or rents (CIVIL CODE, Art. 392). 3. The joint decision on the number and spacing of their children and to have
access to the information, education and means to enable them to exercise
these rights;
4. The same personal rights between spouses or common law spouses
Q: What shall be recorded in the civil register? including the right to choosP freely a profession and an occupation;
ANS: Acts, events and judicial decrees concerning the civil status of persons shall be 5. The same rights for both spouses or common law spouses in respect of the
recorded in the civil register (CIVIL CODE, Art 407) ownership, acquisition, management, administration, enjoyment, and
disposition of property;
Q: What entries can be changed or corrected in a civil register without a judicial 6. The same rights to properties and resources, whether titled or not, and
order? inheritance, whether formal or customary; and
ANS: No entry in a civil register shall be changed or corrected without a judicial orders 7. Women shall have equal rights with men to acquire, change, or retain their
except for clerical or typographical errors and change of first name or nickname, the day nationality. The State shall ensure in particular that neither marriage to an
and month in the date of birth or sex of a person where it is patently clear that there was alien nor change of nationality by the husband during marriage shall
a clerical or typographical error or mistake in the entry, which can be corrected or automatically change the nationality of the wife, render her stateless or force
changed by the concerned city or municipal civil registrar or consul general in upon her the nationality of the husband (R.A. 9710, The Magna Carla of
accordance with the provisions of this Act and its implementing rules and regulations Women, Section 19).
(R.A. 9048. as amended by R A. 10172, Sec 1).
 CIVIL LAW I
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111 Volume 1 Series of 2020/21

III. PROPERTY
ssincarioN OF PROPERTY
Q• What is "property"?
ANS: AD things which are or may be the object of appropration are considered
property (CIVIL CODE, An. 414).
Q: What are the requisites to be considered as property? (UIS)
ANS: In order to be juridically considered as a thing or property, an object must have
the following requisites:
1. Utility i.e. capacity to satisfy human wants;
2. Individuality or substantivity i.e. separate or autonomous existence: and
3. Susceptibility of being appropriated (2 TOLENTINO, Commentaries and
Jurisprudence OP the Civil Code of the Philippines (1992), 3 [hereinafter 2
TOLENTINO, Civil Coda
8 Mines, quarries, and slag dumps while the matter thereof forms part of the
bed, and waters, either running or stagnant;
9. Docks and structures which, though floating, are intended by their nature
and object to remain at a fixed place on a river, lake, or coast; and
10. Contracts for public works, and servitudes and other real rignis over
immovable property (CIVIL CODE, Art, 415)
Q: When is machinery considered as immovable property?
ANS: In order that machinery may be considered as immovable property, the follow.ng
requisites must be present:
1. They are placed in the tenement by the owner of such tenement (or a tenant
as agent of the owner) (Davao Sawmill Co., Inc. v. Castillo. G R No. 40411,
August 07, 1935);
2. They are destined for use in the industry or work in the tenement; and
3. They tend to directly meet the needs of said industry or works (Meralco v.
City Assessor, G.R. No. 1661 August 05, 2015).

Q: What are the clas if nsrotthingsl Q: What are deemed to be move rties?
ANS: Property is classified ANS: The following are deemed t le or personal properties:
1. Res Cojnmunese belong!, e,, Cti°,as electricity, oxygen, 1. Those movables su appropriation which are not included in
distille Article 415 (enumerati roperty
2. Res 1iAllitsi.e. onginglo no one Such d Thais, hidden treasure; 2. Real property whi f law is considered as
and,' , personal pro
3 Res AILQuils i.e. telonging,(o acknaesae_. (J:ijoils\ car (2 PARAS, 3. Forces of e which a ght under cont science (CIVIL CODE,
Property 4upra at 2). -. Art. 416);
4. In genera
Q: When is a th4n T smsceptible of appropnatiqb?__ . a. sport m place to ank
ANS: A thing ts ridtt scèpjibI .oLappopgaboziwhep there is'. b. airment 5.114
/ .th al prope ich t'qey are fixed (CIVIL
1. PhAstcp Ali such asl,the s /the' moon, other heavenly 16)
bodes; or - 1, -- 5 0 ahons on ich a for the bres or demandable
2 Legal rmposNbility icra he hnap .bbely Ahile the erson Is alive (DE sums V E, Art. 7);
LEO Comma ts and Caseeb ,F2i5Oefty (2/75), 2 [ reinafter DE LEON, 6. Shares &k agri tural mmercial, and industrial entities, although
Props they ma e reJestate (Cl , Art. 417)
/

Q: Enumerate immoca'1310tope'rhe's"dMer Arti,cle,415o1'the Civil Code.
(LaTAS-MacAF-M " ANS: As a rule, partie
ANS: The immovable propertia'areettlet511pyinner'
1. Land, buildings, roads and constructions of all kinds adhered to the soil;
2 Trees, plants and growing fruits, while they are attached to the land or form
an integral part of an immovable;
3. Everything Attached to an immovable in a fixed manner, in such a way that
it cannot be separated therefrom without breaking the material or
deterioration of the object (e.g. walls, canals, aqueducts);
4. Statues, reliefs, paintings or other objects for use or ornamentation, placed
in buildings or on lands by the owner of the immovable in such a manner
that it reveals the intention to attach them permanently to the tenements:
5. Machinery, receptacles, instruments or implements intended by the owner
of the tenement for an industry or works may be carried on in a building or
on a piece of land, which tend directly to meet the needs of the said industry
or works;
6 Animal houses, pigeon-houses, beehives, fishponds or breeding places of
similar nature, in case their owner has placed them or preserves them with
the intention to have them permanently attached to the land, and forming
permanent part of it; the animals in the places are included;
7 Fertilizer actually used on a piece of land;
Q: When may a real p laterd' operty?
ct may by agreement treat as personal property that
which by nature would perty, as long as no interest of third parties would be
prejudiced thereby (Makatt sing and Finance Corporation v. Wearever Textile Mills,
Inc.; G.R. No. L-58469, May 16, 1983: Tsai v. Court of Appeals. G.R. No. 120098,
October 2, 2001),
Q: What is the distinction between consumable and non-consumable properties?
ANS: Consumable properties are those that cannot be used according to their nature
without their being consumed. Non-consumable properties refer to all the others (CIVIL
CODE, Art. 418),
Cl: What are the kinds of public property? (USD)
ANS: There are three kinds of property of public dominion:
1. For public Use- like road, canals (may be used by anybody) DE LEON.
Property, supra at 40-41),
2. For public Service — like national government buildings, army rifles, army
vessels (may be used only by duly authorized persons) (Baguio Citizen's
Action v. City Council, G.R. Na. L-27247, April 20, 1983): and
3. For the Development of national wealth — natural resources (CIVIL CODE.
Art. 420; PARRS, Property, supra at 42),
 CIVIL LAW I
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Note: The property of provinces, cities, and municipalities is divided into property for
two Volume I l Sores of 2020/21
public use and patrimonial property only (CIVIL CODE, Art. 423). Unlike in the
classification of state properties, properties for public service in municipalities are not
classified as public (Province of Zamboanga del Norte v. City of Zamboanga, G.R_ No.
L-24440, March 28, 1968). Congress has absolute control over property held by local
governments in its public and governmental capacity. As for the properties of local
governments held by them in their private and proprietary capacity, they cannot be
deprived thereof without due process and just compensation (Rabuco v. Villegas, G.R.
No. L-24661, February 28, 1974).
BEDAN RED BOOK
<CI
Q: What are the actions to recover possession or ownership of real property?
ANS: The actions to recover possession or ownership of real property are accion
interdictal, accion pubhchana and accion reinvindicatoria (DE LEON, Property, supra at
84)
Q: What are the distinctions among accion interdictal, accion pubticiana and
accion reinvidicatoria?
ANS: The distinctions between accion Inter-dicta!, accion publiciana, and accion
reinvidicatoria are as follows:

Q: How can property of public dominion, when no longer intended for public use Accion
Accion Interdictal Accion Publiciana
or service, be classified as patrimonial property of the state? Reinvidicatoria
ANS: Article 422 is not self-executing and cannot be inferred from non-use alone.
There must be a formal declaration by the executive or possibly the legislative As to Nature A summary action to An ordinary civil
department that the property of the State is no longer needed for public use or public recover physical or 'proceeding lo recover
service before the same can be dtsgte„tha rimonial or private property of the State material possession the better right of
(Laurel v. Garcia. G.R. No, 93946,- July 5, 1990 of property. The session of property
issue involved is resorted to
Q: What are the char limited to ahe the
4,"
de 1. o ssession has
ANS: Property of public domjpioh is held in tru hedinkest of the community.
Hence, such property love-the- follitiWing-ctigs oterittics,N, possession more tb,
1. Inalir , vit(v. Rojas, G R-No. L.-906X Mar-ch 31, 19/5), however, (De Guzman-Verf,
whe it is longer needed for public use Or seryice, it rVay be declared as v. Sps. EStomo, e invo
paronial pe (Laurel v. Garcia, G.R.iNo 92013. Jetty 25, 1990); G.R. ,to. 223399, session de fa
2 Capi;be acquired-N -RIVeiS-e- r5ESS-eiSIOn7 Nutp;h2teibipus occurrit regl April 4, 2918) possession de
(Heirs-of palanca'y, Odihrrionwealth. OR. No 151412, August 30, 2006); ealty indepe
3. Not s,bject to "attachment, or :execution. (Manila-International Airport title.
Authonty Court Qf.Appeals,GR No 155,60,:,-July0, 2016): and
As to which mustte brought in D ds o Dm,ends on the
4 It c regi.ste„ d under Rope*" Registrail ibnepacree or P.D. 1529
Court has "the -prope
- r,,MTC,,or a sedvI sed value.
an .subject of _ Torreit1S- TitleAgirS'of palanca v, Commonwealth,
. . Jurisdiction MeTC , (f.fP.
G.R o. 1 1„.712,"A.44:‘ ,30,' 2p05/
129, Sec -33(2)) 7 RTC:
1 he property is 1. If the property is
Q: What are properties of'private
' ownership? ^ , outside situated outside
ANS: Properties or,pavate,-, alihip',.,-b\eSides,patrimonjal troperty of the State,
nd Metro Manila and
provinces, cities and rnbrke64 s,,:atinsiste.oflirprdpejt), belonging to private persons,
its assessed value its assessed
either individually or collectivitqa CiiP40g,ti-t:',4,?5)'
exceeds P20,000: value exceeds
Note: Churches, strictly speak' -g,--,ar.e..„.neitherCublic no private property. They 2. If the property is P20,000:
constitute a special kind of property devoted to religious worship - and, as such, are situated within 2, If the property is
outside the commerce of man (Berlin v. Ramirez, G.R. No. 2832, November 24,1906). Metro Manila and situated within
its assessed value Metro Manila and
B.4,_,QWNERAtile exceeds P50,000 its assessed
(13.P. Blg. 129, value exceeds
Q: What are the rights of an owner? (PUF-DAA-Vi) Sec. 19). P50,000 (RP.
ANS: The rights of the owner are as follows: Big. 129, Sec.
1. Jus Possidendi - the nght to possess; Otherwise, 19).
2. Jus Utendi - the right to use and enjoy; it may also include the right to MTC/FiteTC.
exclude any person from enjoyment and disposal of the thing. Otherwise,
3. Jus Fruendi - the right to enjoy the fruits - natural, industrial, and civil NITCIMeTC.
4. Jus Disponendi - the right to dispose.
5. Jus Access/ones - the right to accessories. As to the Within one (1) year Within a period of ten Prescriptive periods;
6. Jus Abutendi - the right to abuse or to consume. lime when from the time the (10) years from the' 1. Four (4) years - if
7. Jus Vindicandi - right of action against the holder and possessor of the the Action cause of action time the cause of based on fraud
thing or right in order to recover it (PARRS, Property, supra at 89) Must be arises. action arises. from the issuance
Brought to of certificate of
Court title over property.
 CIVIL LAW I
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BER11410131ED BOOK
Volume

Q: What is the remedy for the recovery of possession of movable property?

ANS: Replevin is a remedy for the recovery of possession of personal property It is
governed by Rule 60 of the Rules of Court (DE LEON, Property, supra at 84)
In forcible entry, the 2. Ten (10) years -
cause of action if based on Q: What are the distinctions between real and personal rights?
arises from the date imphed or ANS: The distinctions are between real and personal rights as follows:
of actual entry on constructive trust. REAL RIGHTS vs. PERSONAL RIGHTS
he and.
Real Rights Personal Rights
Imprescriptible . _
In case of strategy when plaintiff is in As to the There is a definite active There is a definite active subject
or stealth, the cause possession of the parties who subject who has a right against (creditor) and a definite passive
of action arises from property. (Philippine take part in all persons generally as an subject (debtor).
the date of discovery Economic Zone the legal indefinite passive subject.
of such strategy or Authority relation
stealth (PAPAS, Fernandez, G.R. No.
Property, supra 138971, June 6, As to the The object is g ly a It is always an incorporeal thing,
96) 2001) subject matter corporeal thing.
- _
awful deta0er, As to the Created by" Created merely by 'title'
rises_, causes of their
e„,d
, ftATT creation
o vacate. —
As to the GenerallyA extin ui ed by Pe ght survives the subject
(DE LEON, Property, syfra a 84-98) modes of their the dest of the matter_
extinction thin ' which it cised.
Q: What areithe.djstinctibnsbetween _forcible 4ntry and nIpwful detainer?
ANS: The distq-ict9sibetween forable_eritty and unlayul deta as follows:
.1' •
As to the t is e&ed agai hole It is/ binding or enforceable only
Forcible Entry Unlawful Detainer
nature of the ftwactt g rise to rea ions .;ti-Var person (the
As to Proving lie ainI : r iiu t proyeliat pla- tiff ne not have been actions arising (actin rem gat third se to personal
Prior was rio?'"*yst prio physic possession. from the rs 41. action ion in personam)
Physical f the emiSeittri "As( juridical against such debtor
Possession dèehved eot,OKtriieitietit t*nt: relation.
6a
(D Cru -Kt • (DE LEON, Properly, • - .""ii4.•
1609 -2
Q: What are the bases he Imitations on ownership?
As to when The possess em e possession of the defendant ANS: The limitations on ip are based on:
the defendant is unla is lawful at the beginning but it 1. Those given by the state;
Possession beginning as he acquires becomes illegal by reason of the 2. Those given by the owner himself; or
Becomes possession thereof by Force, termination of his right to the 3. Those given by the person who gave the thing to its present owner (PAPAS.
Unlawful Intimidation, Strategy, Threat, or possession of the property under Properly, ,supra at 142).
Stealth (FISTS). his contract with the plaintiff.
0: What are the limitations imposed by the State on ownership?
As to _ The law does not require a The plaintiff must first make such
ANS: The limitations imposed by the State are the police power, power of taxation, and
Requisite of previous demand for the demand, which is jurisdictional in
power of eminent domain (PARRS, Property, supra at 142-149)
Previous - defendant to vacate the nature.
Demand premises.
Q: How does police power pose a limit to ownership?
As to The one-year period is generally The one-year period is counted ANS: Police power is a [imitation on the right of ownership in the sense that property
Counting of counted from the date of actual from the date of last demand or may be interfered with, even destroyed, if the welfare of the community so demands it
Orielear entry on the land (RULES OF last letter of demand (RULES OF (Director of Lands v. Abella, G.R. No. 31875, February 14, 1930),
Prescriptive COURT, RULE 70, Sec. 1). COURT, RULE 70, Sec. 1).
Period Ct: How does the power of taxation pose a limit to ownership?
ANS: Real as well as personal property may be taxed and unless the taxes are pato
(DE LEON, Property, supra at 84-98) there is danger that the property may be seized and confiscated by the governmen:-
(Castro v Collector of Internal Revenue, C,R. No. L-12174, April 26. 1962)
 CIVIL LAW I
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Q: How does the power of eminent domain pose a limit to ownership?

I !,,,,Eplis1.10,,RED BOOK
Q: What is the "doctrine of incomplete privilege or state of necessity"?
<4:11
ANS: The State has the right to acquire private property for public use upon payment ANS: Under the doctrine of incomplete privilege or state of necessity, the owner of a
of just compensation_ Eminent domain or expropriation is based on the need for human thing has no right to prohibit the interference of another with the same, if the
progress and community welfare or development (Republic v. Court of Appeals. G.R. interference is necessary to avert an imminent danger and the threatened damage,
No. 100709, November 14, 1997). compared to the damage arising to the owner from the interference, is much greater
(CIVIL CODE, Art. 432).
Q: What are the specific limitations on ownership? (INS-ESM) Note: It is the exception to the general rule that a person cannot interfere with the right
ANS: The specific limitations on ownership are as follows. of ownership of another (DE LEON, Property, supra at 103).
1. Imposed by law;
2. Nuisance;
3. State of necessity; E ON
4. Easements voluntarily imposed by owner Q: What is "accession"?
5. Servitudes ; and ANS: Accession is the right of a property owner to everything which is
6. Mortgages imposed by contract (JURADO, Civil Law Reviewer, supra at Produced thereby (Accession discrete)
328). a. Natural Fruits - spontaneous products of the soil and the young and
other products of animal IVIL Code, Art. 442, par. 1).
Q: To what extent may an o er make use ej athtng? b, Industrial Fruits - produced by lands of any kind through
ANS: The owner of a th t maktfis f uch manner as to injure the cultivation or Lebo •DE, Art. 442, par. 2).
rights of a third person is is an,tnherent limitation on the right C, Civil fruits - ren s, price of lease of lands, and the amount
of ownership (DE L of perpetual or liIi or other similar income (CIVIL CODE, Art
442, par. 3).
Q: What is the e ght of-ownership
op of the ciwne54 aparcel of land? 2. Which inco •o • ..esr. r naturall or artfficiall -
ANS: The own f landus th0,!•awrter of itSisurface and f everything under Accession coots a
it, and he can on any worka Or make any pearrtatiOn and excavations a. with cl to real
which he may eep. ouWnt to serAdes arld'sgOj ct to special laws i. A n Ind al ' uilding, planti /mg
and ordinanceslle pl5iri,of the reasonable requireerigts_p aerial navigation e. atural - uvium, avulsi age of course of rivers,
(CIVIL CODE, 14r4,4•7 orrna Wef islands
Note: When ii*Ln ssarX _build,-.11:rinstruc;itorf instal) on 1 subsurface or resoei to persaal rtY
subterranean rit nd goVlerrinfent I cIS:yivne:.7:7 ied, or leased by et/on •,;.;
other persons, fraainliu aa- Su'Oway7,'„ oi.inderpasses, waterways, ComOition qranfu
floodways, or utility ,
s aS,.'paq -hegovernment's infriistructurte and development S'eOiti;ation (DEL Property, supra at 135).
project, the gover ny fes-t•ak, feafese atives sp'all not be prevented
from entry into and v2t.lbe,iifabe -, -or SOtlferfaa an portio6s of such private and Q: What is "hidden trel surd?
government lands b -91vrielccr .' cff ats, .if Von
- and use are made ANS: Hidden treasure3pan idri n of money, jewelry, or other
more than fifty (50) mète otherwise known as "The precious objects, the f— I owjhip o oes no appear (CIVIL CODE, Art
Right-of-Way Act," Sec. 4, liar„,,1
4) I 439).

O: What are the requisites of the Doctrine of Self-Help? (ROAD)
ANS: The requisites for the doctrine of self-help to apply are
1. The use of force as may be Reasonably necessary;
2. It is the Owner or lawful possessor who will exercise the power
3. That there is Actual or threatened physical invasion or usurpation; and
4 That there is no Delay in one's exercise (CIVIL CODE, Art 429).
Q: When may the owner or lawful possessor validly invoke the doctrine of self-
help?
ANS; The doctrine of self-help can only be exercised at the time of an actual or
threatened dispossession, or immediately after the dispossession to regain possession_
Once delay has taken place. even if excusable, the owner or lawful possessor must
resort to judicial process for the recovery of the property for he is no longer justified in
taking the law into his own hands (German Management & Services v Court of
Appeals, G.R. No. 76217, September 14, 1989).
Q: Who owns a hidden treasure?
ANS: Hidden treasure belongs to the owner of the land, building. or other property or
which it is found (CIVIL CODE, Art_ 438, par. 1).
Q: What are the rules on ownership when the hidden treasure is discovered by
chance on the property of another?
ANS: When the discovery 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.
However, if the finder is a trespasser, he shall not be entitled to any share of the
treasure (CIVIL CODE, Art. 438, par.2)
O: When may the State acquire hidden treasure that is found on the property of
another?
ANS: 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 the rule stated (CIVIL
CODE, Ad. 438, par. 3).
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Volume ii Seoes of 2020/21

Q: What is "accession discrete"? Landowner Builder, Planter, Sower Owner of the Materials
ANS: Accession discrete means to the owner belongs the ownership of fruits produced (LO) (Pi, P. S) (OM)
by the property (PARAS, Property, supra at 211).
value of land is or sowing w/o
0: What are the rules with respect to the ownership of the fruits of a thing? considerably more, forced indemnity to owner of
(PULPA) lease. materials and collect
ANS: As a general rule, the owner of the thing owns its natural, industnal, and civil 3. Without subsidiary liability damages (CIVIL
fruits (CIVIL CODE, Art. 441). The following are the exceptions: for cost of material CODE, Arts. 546, 449).
1. Possessor in good faith of the land (he owns the fruits already received
before the possession is legally interrupted) (CIVIL CODE, Art 544, par, 1); Good Faith Bad Faith Bad Faith
Note: Natural and industrial fruits are considered received from the time
they are gathered or severed. Civil fruits are deemed to accrue daily and 1. Acquire improvement w/o 1 Recover necessary 1. Recover value from B.
belong to the possessor in good faith in that proportion (CIVIL CODE, Art. paying indemnity and expenses for P, S (as if both acted in
544). collect damages; preservation (CIVIL good faith); or
2. In usufruct, the Usufructuary shall be entitled to all natural, industrial, and 2. Demolition or restoration, CODE, Arts. 452 and 2. If B. P. S acquires
civil fruits of the propertv);),usufructlz rthsCODE. Art. 566);
C/VIL and collect damages; or 453): a improvements, remove
3. Lessee gets theSculteof landAh owher gets the civil fruits in the 3. Sell to B, P or rent to S, 2. Los improvements materials if wio injury
form of rentalfr(CIVIOODE,Ad 1653), , and collect damages. to indemnity (CIVIL CODE_ Art. 447).
4 In the contract -61, ple§go,....iihe-fitete 4 entitted to receive the fruits, 4. Pay necessary expenses IVIL CODE, 3. No action against LO
income„ilivi kentis;arVIterest which t birgOdige,e s or produces .but with
,4bd to B, P. S (CIVIL CODE, less the LO
the obligati „to,ocortipens2re or Set-off what he;As with those which Arts. 449, 450, 451).
are 10,414-24tiyii. CODE, Art 2-102, pat , Property, supra at
136 an y 4 I f
5. In tlfe.contract of entichresis, the Antichretid crediVr eEO tikes the fruits of an Same as though all a ingood fau L CODE. Art 453)
imrnovOblerwhichiShobld-ba- IPPTQ- first, 'falhe parnentof,interest, if owing
and 'then Ito the prinbipal amount of the 'loan (CIVIL CODE. Art 2132 Bad Faith Good Faith Good Faith
PARASeRroperty,.!..supra at 212).
1. Acquire i provements 1 ,Reniove materials if wro
Q: What are the triglits and obligations of the -landowner, builder, planter and after pay and '
sower, and ttfe'-oviner of -the' materials M case of accession with respect to and dama nified value of
immovable prorkerty? S; and rtiS'erials, primarily from
ANS: The righteand obligations, of .Ina-landoci/rier, .builder planter and sower, and the 2. Subsidiarily Ii to 8, P. S: and
owner of the materl Is in case of accession are as folloyve owner of in terials 3 Subsidiarily from LO
(CIVIL CODE, (CIVIL CODE, Arts
Landowner Builder, Planter. Sower Owner of the Materials 454, 447. 455). 447, 455)
(LO) (B, P S) (OM)
Bad Faith Bad Faith Good Faith
Good Faith Good Faith Good Faith
1 Acquire improvements 1. Right of retention for 1 Collect value of
1. Acquire improvements 1. Right of retention for 1 Collect value of after indemnity to B, P, necessary expenses; materials primarily from
and pay to B, P, S necessary and useful materials primarily from S, or and B. P, subsidiarily
indemnity; of expense; and 13, P, subsidiarily 2. Sell to B, P except: if 2. Pay value of materials to from L; and
I 2. Sell land to B or P except 2. Pay value of materials from land owner if B, P. the value is owner of materials and 2. Collect damages; or
if the value of the land is to owner of materials or S is insolvent or considerably more; or pay him damages (CIVIL 3. If 8, P. S acquires
considerably more. 2 Remove only if without Rent to S (CIVIL CODE, CODE, Arts. 546, 447). improvements, remove
3. Rent to S (CIVIL CODE, injury (CIVIL CODE, Arts_ 453, 448, 546, materials in any event
Arts. 448. 546, 455), Arts, 455, 447). 548, 455); and (CIVIL CODE, Arts.
4. Subsidiarily liable to 3. Subsidiarily liable to 447, 455).
owner of materials. owner of materials '
Good Faith Good Faith Bad Faith Good Faith Bad Faith Good Faith
1. Acquire improvements 1. Right of retention for Lose them without right to 1_ Acquire w/o paying 1. Recover necessary I. Collect value of
and pay indemnity to 6, necessary and useful indemnity (CIVIL CODE, indemnity and collect expenses (CIVIL CODE, materials and damages
P. S; or expenses; and . Art. 449) damages; or Arts. 452 and 453); and from B, P, S and
2. Sell to B, P except if the 2 Keep building, planting 2. Sell to B, P and rent to 2. Lose improvements wio subsidiarily from LO:
Ew), CIVIL LAW I
San Beda Law-RUCT Bar Operations Center mo
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Q: When can accretion be considered as a mode of acquiring property?

Landowner Builder, Planter, Sower Owner of the Materials ANS: In order for accretion to be considered as a mode of acquiring property. the
(LO) (B. P. S) (OM)
deposit of soil, must be: (a) gradual and imperceptible; (b) made through the effects of
S and collect damages; right of retention against 2 Remove matenals in the current of the water; and (c) taking place on land adjacent to the banks of rivers
or LO (CIVIL CODE, Art. any event if B, P, S (Delos Reyes v. Municipality of Kalibo, Aklan, G.R, No 214587. February 26. 2018)
3 Demolish or restore and 449) unless LO sells the acquires improvements
Q: What are the different forms of accession natural?
collect damages. land.
ANS: The different forms of accession natural are:
4. Pay necessary
Alluvion (CIVIL CODE, Art, 457):
expenses to B, P, S; and
2. Avulsion (CIVIL CODE, Art. 459): and
5. Subsidiarily liable to
3. Change of course of rivers (CIVIL CODE, 461- 462, 464 - 465: PAR/IS.
owner of materials
Property, supra at 261).
(CIVIL CODE, Arts.
449, 450, 451) Q: What is "alluvion"?
ANS: Alluvion is the soil deposited on the estate fronting the river bank (Heirs of
Bad Faith Good Faith Bad Faith
Navarro v. Intermediate Appellate Court, G. R. No. 68166, February 12, 1997),
Acquire improvements I denVity or damages:, No indemnity;
.- Q: What is the rule with regard to,
&pay indemnity ove mprov e' In. Lose materials without
ANS: To the owners of land adjothIng anks of rivers belong the accretion which
damages to B, P, S L.' gO04, ht to indemnity
they gradually receive from the eff current of the waters (CIVIL CODE, Art,
CODE, Arts. 454, 4 AA • 4, 447). (D VL CODE, Art. 449).
457). The owners of the estates ad) o not acquire the land left
Note: To be an rovement on the lity must be built within dry by the natural decrease of th by them in extraordinary
or "on" the pro utsithitor besid:it. Art 44 thp adverb "thereon" floods (CIVIL CODE, Art. 45 Iluv .work of nature (Vda. de
(Dackson v Ba 219811, APrit0, '016). 1. Nazareno v. Court of Aptvals, G R. No 9 45, June 26, 199
Note Art 44 6re-Ille—paltierrelatiirship s nol et covered by a Q: When is there alluvion?4,(GCBL.).'
contract or a s teVariagement'SWem; Inc. v g"gesp towers 200, Inc ANS: In order for al wildni.0!,eittit, the loll ing requisite present
G.R. No. 1993 1. The sit mu0 impercepti cess);
Note: Where cidesACLS,: Ot.the land )3Ut the b ilder in ood faith fails to 2 Th causeA,s, e river a no o works expressly
pay its value, t se options' dettgried,forl
1 Ent to e relattonsh)p/ 3 Theoriver mi.t nd
2 The uilder rr elledo *eve the im rovements; and 4 The rde ively Little, and not for example, such as
3. The o ner an at rrf4'agrzejt0"self the fond and iMprovement at public would in panan land by over one hundred fifty (150)
auction, pplyin ds,fttVt, kr-the 'fiyment the land's value and percent ( May 25, 1950; PAR/IS, Property,
the exce if a delive'retr uifaer- !pines Colleges, Inc. v, supra at 26
Timbang,
Q: What is "avulsion"
Q: Who is a builder in good fa ANS: Avulsion is accre h takes place whenever the current of a river, creek,
ANS: He is a person who asserts title to the land on which he builds, i.e., that he be a torrent or lake segregates orn an estate on its bank a known portion of land and
possessor in the concept of owner, and that he be unaware that there exists in his title transfers it to another estate (CIVIL CODE, Art.459)
or mode of acquisition any flaw which invalidates it (Sps. Espinoza v. Sps. Mayandoc,
Q: When is there avulsion? (CSI)
G.R. No. 211170, July 03, 2017).
ANS: In order for avulsion to exist, the following requisites must be present:
Note: A builder who knows that he is not the owner but builds on the land only after 1. The segregation or transfer must be caused by the Current of a river, creek.
asking permission from the owner (Department of Education v. Casibang, G.R. No. or torrent;
192268, January 27, 2016) or a co-owner who builds on co-owned land which is later 2. The segregation and transfer must be Sudden or abrupt; and
partitioned to another co-owner (Communities Cagayan, Inc. v. Sps. Arsenio, G.R. No. 3. The portion of land transported must be known or Identifiable (DE LEON,
176791, November 14, 2012) are also considered builders in good faith_ Property, supra at 182-184).
Note: In a lessor-lessee relationship, where the lessee builds on the leased f and, Art
448 does not apply but Art. 1678 of the Civil Code (Geminiano v. Court of Appeals. G R Q: What is the rule with regard to avulsion?
No, 120303, July 24, 1996)_ ANS: Whenever the current of a river, creek or torrent segregates from an estate on its
bank a known portion of the land and transfers it to another estate, the owner of the land
Q: What is "accretion"? to which the segregated portion belonged retains ownership of it, provided that he
ANS: Accretion refers to the process whereby the soil is deposited along banks of removes the same within two (2) years (CIVIL CODE, Art. 459). Trees uprooted and
rivers (Delos Reyes v. Municipality of Kalibo, Aklan, G.R. No. 214587, February 26, carried away by the current of the waters belong to the owner of the land upon which
2018). they may be cast, if the owners do not claim them within six (6) months, if such owners
MI> CIVIL LAW
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claim them, they shall pay the expenses incurred in gathering them or putting them in a
I BEDAN
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Q: What are the three (3) types of accession with respect to movable property?
safe place (CIVIL CODE Art 460). ANS: There are three types of accession with respect to movable property
1. Adjunction;
Q: What are the distinctions between alluvion and avulsion? 2, Mixture (commixtion or confusion); and
ANS: The distinctions between alluvion and avulsion are as follows' 3. Specification (CIVIL CODE, Arts. 466-475)
ALLUVION vs. AVULSION Q: What is "adjunction"?
Alluvion Avulsion ANS: Adjunction is the process by virtue of which two movable things belonging to
different owners are united in such a way that they form a single object (CIVIL CODE,
As to the The deposit of the soil in i The deposit of the soil in i Art 466; PARAS, Properly, supra at 287).
manner created alluvion is gradual. ' avulsion is sudden or abrupt.
Q: When is there adjunction?
As to capability The soil cannot be identified in It is identifiable in avulsion ANS: In order for adjunction to exist, the following requisites must be present:
of identification alluvion. 1. The two (2) things must belong to different owners;
2. That they are united in such a way that they form a single object, and
As to ownership The soil belongs to the owner The soil belongs to the owner 3. That they are so inseparable that their separation would impair their nature
of the prope iish,..kis from whose property it was or result to substantial in either component (DE LEON. Property,
attache alluvioff: *eiglachecl in avulsion. supra at 201).
(PARAS, Property, SUMP' Q: What are the rules on entitleOj, perties joined by adjunction?
ANS: The rules on entitlement to ined by adjunction are as follows.
Q: What are the re U .1 es t ch ge-of-r" d ape PANE) 1. Adjunction in good fat?
ANS, The requis' r c ge pf river bed are The owner of the ssory, indemnifying the
1 The chig ust be Sudden; owner of the ue (Cita C .466);
2 Th hangi of tpe course must be more d1 less erqi lnt 2. Adjunction er of the princi
3. Th re - ut be a Hziefieite-Abandonment y thdt vernment (Pan/ho v Options av the accessory!
4 t
Merc Q p.R. Nq. L-18771, March 26„,492 ). a. To .Tao ir e principal tyin y the value of the
4 Th& chpge of th riverbed must:be 4 Natu al one. 4 Aceessorlh heror
5 Th r ust-cOntinue to Exist..(Ponquiti9?17. Court of Appeals, G R No L- b ha he amps g separa the purpose it be
4346. jvh 24X:1 1t.---- --- ----• -I ' t
de cipal t
c. '41-o inde Jd to in either DE, Art. 470; DE
Q- What are th\ rules Irp the•Oarrge of ceircsOf*ers? i 5)
ANS: The rules re as follows:-:' -::,:\,..., ' 3_ Adjunct! ner of the accessory:
1. Riverb ds whial,are abelnderietribrOugh the tural c nge in the course of a. He I s the
the waters ipso facto belong tOsthe owne2. hose lands are occupied by the h He is - ar, of the thing (CIVIL CODE,
new cour'ki n4,Oplif O7tiela.„tp—th ,wea.,lest (elyie CODE, Art. 461). The Arts.4 DE
phrase "in p .K.ortrkin,14) the -tat-ea
.. Vstcrtrgp)issPM there are two or more 4. Adjunction to f.y both
owners whose IMA4_are ocqaphrby %eotfew bed. Therefore, if only one a They sh nsidered as though both had acted in good faith;
owner lost a portion orhis4ancti..theerffire old bed should belong to him (DE Article 453 shall apply (CIVIL CODE, Art 470; DE LEON. Property,
LEON, Property, supra at 194); supra at 205).
2. The owners of the lands adjoining the old bed shall have the right to acquire
the same by paying the value thereof, which value shall not exceed the Q: When is separation of the things subject of adjunction allowed?
value of the area occupied by the new bed; and ANS: Separation is allowed:
I Whenever a river, changing its course by natural causes, opens a new bed 1. Whenever the things united can be separated without injury:
through a private estate, this bed shall become of public dominion (CIVIL 2. When the accessory is much more precious than the principal (CIVIL
CODE, Arts. 461-462). CODE, Art. 469); or
Note: When a river or stream suddenly changes its course to traverse private lands, 3. When the owner of the principal acted in bad faith (CIVIL CODE. Art. 470)
the owners of the affected lands may not compel the government to restore the river to
Q: What is "mixture"?
its former bed; nor can they restrain the government from taking steps to revert the river
ANS: Mixture is the union of materials where the respective identities of the component
or stream to its former course. The owners of the lands thus affected are not entitled to
elements are lost As distinguished from adjunction, there is a greater inter-penetration
compensation for any damage sustained thereby,
or decomposition of the objects that have been mixed (PARAS, Property, supra at 296)
The owners of the affected lands may undertake to return the river or stream to
its old bed at their own expense; Provided, That a permit therefor is secured from the Q: What are the kinds of mixture?
Secretary of Public Works, Transportation and Communication and work pertaining ANS: The two kinds of mixture are:
thereto are commenced within two (2) years from the change in the course of the river 1. Commixtion — mixture of solids; and
or stream (WATER CODE, Art 58). 2. Confusion - mixture of liquids (PARAS, Property, supra at 296).
ID>
Q. What are the rules that govern mixture?
CIVIL LAW I
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Q: What is the test to be applied for the determination of the principal thing?
ANS The rules are: ANS: The principal thing is (in the order of preference):
1 Mixture by will of the owners:
1. That to which the other has been united as an ornament or for its use or
a. Primarily, their rights should be governed by their stipulations; or
perfection (CIVIL CODE, Art. 467);
b. In the absence of any stipulation, each owner acquires a right or 2. That of greater value (CIVIL CODE, Art. 468):
interest in the mixture in proportion to the value of his material mixed or 3, That of greater volume (CIVIL CODE, Art. 468); and
confused as in co-ownership. 4 That of greater merits from the combined utility and volume (3 MANRESA,
2 Mixture caused by an owner in good faith or by chance; same rule as
285-286; PARAS, Property, supra at 289),
mixture by will of the owners:
3. By one owner in bad faith:
a. He loses all his right to his own material; and 14t..#640:°0:0444
b. He is liable for damages (CIVIL CODE, Arts_ 472— 473). Q: What is a "cloud on title"?
ANS: A cloud on title is a semblance of title, either legal or equitable, or a claim or a
Q: What is a "specification"?
right in real property, appearing in some legal form but which is, in fact, invalid or which
ANS: Specification is the transformation of another's material by the application of
could be inequitable to enforce (Iglesia ni Cristo v. Ponferrada, G.R. No. 168943.
labor The material becomes a thing of ent kind (CIVIL CODE Art 474).
October 27, 2006).
Q: In case of specification, are e rig s,anCrobjigations (1) of the owner of .
the principal(worker) (2o o t epatOrial?a, Q: What is an "action to quiet title"?
ANS: Their rights and pbli as ANS: An action for quieting of titte is es tially a common law remedy grounded on
e, equity, The competent court ii;),:taStrie determine the respective rights of the
1 If the w s thesu
a. complainant and other claimants, Oo things i ir proper place, to make
thiggs: but
b. the oWner.of Oe. material, yaVit CODE, Art 474, par. the one who has no rights to saidimmova e ej5turb the other, but also
_ _ for the benefit of both, so that he who has he right wo 5 ery cloud of doubt over
- than t e:tr.agistformed thing, the the property clissipatO and he nuki afterwards w,f okit fear introduce the
if If therrriatenal is of more Value. improvements he may citesirp, to use, and' ven to abuse the qrdperty as he deems best
tic/ of the matetiat,—at his dipt0h, ma': , (Mananquit et al v. Moicb d.R. No 180046, November 1212412
r Acquire the new thing afteripayirt the wierkerlor the value of the

iNkmarvi-viclemnity
I b.
r i
7:he_ mats:kali:Till CODE' Art, 474. par. 2),
.."
If the worket is in ead ' th, the owderef the material may/choose either.
0: What are the instances when a clou ,on title of real property exists?
ANS: The instances arptas follows
1. Arr,absolute fictitious contract o .isale or a sale
,
2_ iiitated consideration,
-.—
a To acclaim N,the. new g withpqf the obligation to indemnify the worker. Thus, if.tliq spOPOsed vendor tr,ican absolutely simulated contract ha s every
Ot., , reason to believe that the epposed vendee may want the contract
b. To emand milky.P5riiie'ttiateriatiOlus dam"ages from the worker enforced;he,may,pring an actio .4o are the contract void and thus. quiet
(C/ L COO 7parL „.. . „,. .• his title;
Q: What are the distinctio aii ig a d'f ure and specification? 2. A sale by an agent without written authority or after expiration of his
ANS: The distinctions among a specification are as follows. authority;
3. A forged contraa?'
Adjunction Mixture Specification 4. A contract of sale or donation, which has become inoperative because of
non-performance by the vendee or one of a condition precedent (CIVIL
As to the Involves at least two Involves at least May involve one (1) CODE, Art, 1/81): and
number of (2) things two (2) things. thing (or more) but 5. A voidable contract, i.e. where consent was given through mistake, violence,
things involved form is changed. intimidation, undue influence, or fraud (CIVIL CODE, Art 1330). or by one
without capacity (CIVIL CODE, Art. 1326).
As to the Accessory follows the Co-ownership Accessory follows the
ownership of principal results. principal Q: When is an action to prevent a cloud on title proper? (TBA)
the outputfthing ANS: For an action to prevent a cloud on title to be proper, the following requisites
produced must be present:
As to the nature Things joined retain Things mixed or 1. Plaintiff has a Title to a real property or interest therein,
The new object
2. Defendant is Bent on creating a cloud not the title or interest therein;
of the thing their nature. confused may retains or preserves
produced either retain or lose the nature of the Note: The danger must not be merely speculative or imaginary but
their respective onginal object. imminent_
natures. 3. Unless the defendant is restrained or stopped, the title or interest of the
(DE LEON, Property, supra at 212-213) plaintiff will be prejudiced or Adversely affected (DE LEON, Property, supra
at 217).
 CIVIL LAW I
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Q: What are the requisites for an action to quiet title to prosper? (TACR)
ANS: For an action to quiet title to prosper, the following requisites must be present:
1. Plaintiff must have a legal or equitable Title to, or interest in the real property Q: When is there co-ownership?
which is the subject matter of the action: ANS: There is co-ownership whenever the ownership of an undivided thing or right
2. Such cloud must be due to some instrument, record, claim, encumbrance or belongs to different persons (CIVIL CODE, Art, 484).
proceeding which is Apparently valid but is in truth invalid, ineffective,
voidable or unenforceable, and is prejudicial to the plaintiffs title: Q: What are the characteristics of co-ownership?
3. There must be a Cloud in such title: and ANS: The characteristics of co-ownership are:
4 Plaintiff must Return to the defendant all benefits he may have received 1. Plurality of subjects, who are the co-owners;
from the latter, or reimburse him for expenses that may have redounded to 2. Unity of or material indivision, which means that there is a single object
his benefit (CIVIL CODE, Arts. 476-479). which is not materially divided and which is the element which binds the
subjects: and
Q: To what kind of property is the action to quiet title applicable? 3. The recognition of ideal shares, which determines the rights and obligations
ANS: The action to quiet title applies only to real property except certain types of of the co-owners (Sanchez v. Court of Appeals. G.R. No. 152766, June 20.
personal property (e.g. vessels, motor vehicles, certificate of stocks) which partake of 2003),
the nature of real property or are reatertio some extent as realty because of Other characteristics are:
registration requirements folA.MIership Or trRneabtiOQS affecting them (e.g. chattel 1. There is no mutual rep tion by the co-owners (PARA& Property,
mortgage) (DE LEON, Prwe'rty. ra 422),i supra at 320);
^N 2. Regarding the ideal Oa co-owner holds almost absolute control
Q: What are the digtinctionsobftween quieti oftltle 'èpoving of cloud, and over the same (CIVIL qa 492)
preventing a cloud? . ' 3. It is not a juridical perSo -A, 9Rez, G o 1472. September 30,
ANS: The distinsijOhs-.betWeSn quieting of title,. rerri vin‘4"otoolOtiti, and preventing of 1905); and
cloud are as
Note: A co-owner is ense, a tr cq, for the other cop ner (Castrillo v Court of
Quieting of Title Removing of Cloud l Preventing a Appeals, G.R. No. L-1 6,parch 3 fs. 9.
Cloud
...--1 _ Q: What are the s to the thi in common?
Definition ut an---e4d to 11-9- kacure thr canoe atio To remove ANS: The ng thing owner are as follows.
v xati S lihgVo delivety--• - rejeas-e . possible 1, T le therR9.,owntd in co n (C/V
reej
p t./tet the,',..ptb„ rty instalment, 6r'-e,pcu ra foundation for a Li
in lved "‘ -/- which contiiiiites
-- .,. a aim i future hostile a. a gto sb.ur . for which ed;
'.,, ' , ., lainti Atte; and ich m claim. b. In must not be prejudiced; and
---. nted from using it according to their
: ,
, ,._ seello Injur9-Thim in e
.,.......,...,.: 7enjoyifnerit ofpetike.
c. Oth
own ri
.. ...4' (, 2. To bring a 487)
As to Remedial N i -r . tre, PrIntes.10 liatf re to Preventive in 3. To share ir e be and charges in proportion to the interest of each
Nature of involving a sent reb14„0 cli4virhIch may be nature, to (CIVIL COD 5):
Action adverse claim ' ',Lised,,fer,futUre actions prevent a future 4. Benefits of pre Ption: Prescnption by one co-owner benefits all:
cloud. 5. Repairs and taxes: To compel others to share in the expenses of
preservation even if incurred without prior notice (CIVIL CODE, Art. 486):
As to Plaintiff asserts own Plaintiff declares his own 6. Alterations: To oppose alterations made without the consent of all, even if
Nature of claim, declares that the claim and title, and at the beneficial (CIVIL CODE, Art. 491);
Claims claim of the defendant same time indicates the 7. To protest against seriously prejudicial decisions of the majority (CIVIL
is unfounded and calls source and nature of CODE, Art. 490):
on the defendant to defendant's claim, pointing its B. Legal redemption: to be exercised within 30 days from written notice of sale
justify his claim on the defect and prays for the of an undivided share of another co-owner to a strange
property. declaration of its invalidity. 9. To defend the co-ownership's interest in court, and
10. To demand partition at any time (CIVIL CODE, Alt. 494).
Filed Filed against people Filed against defendant who ,
Against who have claims: asserts claims based on an Q: What are the rights of each co-owner as to his ideal share?
Whom claims are more invalid instrument (but not I ANS: The rights of each co-owner as to his ideal share are as follows.
general in nature. apparent) 1. Right to full ownership of his part and of his share of the fruits and benefits
(DE LEON Property, supra at 221-229) (CIVIL CODE, ART. 493);
2. Right to substitute another person in its enjoyment, except when personal
rights are involved (CIVIL CODE, ART. 493):
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3. Right to alienate, dispose or encumber (CIVIL CODE, Art. 493); and
4 Right to renounce part of his interest to reimburse necessary expenses
incurred by another co-owner (CIVIL CODE. Art. 488; PARAS, Property.
supra at 356).
Q: What is the effect if a co-owner sells the property owned in common without
the consent of all co-owners?
ANS: Alienation by a co-owner shall be limited to the portion which may be allotted to
him in the division upon the termination of the co-ownership. Until a partition is made
among co-owners, no one of them can claim any particular portion of an undivided
property as exclusively as his own. The portion can only be ascertained upon
termination (Gonzales v lchon, G,R, Nos_ L-3272-73, November 29, 1951).
Q: When may a co-owner exercise the right of redemption?
ANS. A co-owner of a thing may exercise the right of redemption in case the shares of
all the other co-owners or of any of them are sold to a third person.
Note: If the price of the alienation is grossly excessive, the redemptioner shall pay only
a reasonable one (CIVIL CODE, Art, 1620),
Q: What happens if several co-owners desire to exercise such right of
redemption?
ANS: Should two or more co-owners desire to exercise the right of redemption, they
may only do so in proportion to the share they may respectively have in the thing owned
in common. (CIVIL CODE, Art. 1620).

Q: Is a co-owner obliged to remain in the co-ownership? Q: What is the effect of redemption?

ANS: No co-owner shall be obliged to remain in the co-ownership. Each co-owner may ANS: Redemption of the whole property by the co-owner does not vest in him sole
demand at any time the partition of telhing„.pwned in common, in so far as his share is ownership over the said property. Redemption duly made within the period prescribed
concerned (CIVIL CODE, Art. )7 1
by law inures to the benefit of the co-o ./. .hip and does not put an end to its existence
(Mariano v. Court of Appeals, G.R. 22, May 28, 1993).
\4'
Q: What are the in ..oxner cannot demand for partition?
(DACUL) Q: What are the grounds fore t of co-ownership? (JECS-M-LET2)
ANS: The followi nsiancet WheMa-eo,ownercannotksuccessfully demand ANS: The grounds for the exting .'•• co-ownership follows:
partition: 1. Judicial partition (PA p! • !Ai"' t3
,
1 Partition II ohibited by a Donor &testator (fori,afperiod not exceeding 20 2. Extrajudicial parr ' (C/ I d...,E, •
years) - fr wh 'm the property came (CIVIL CODE, A'it';494) 3. When by p ption, one C owner has acqu d the whole property by
2. Pa prohi ted byAgreement (for a perioci, ribt,,exPeeding 10 years) adverse n as aiti ,..:•_k all the others. a udiating unequivocally
FtA- DE, A 494e' 1 the owners he • he (C/ ", _ CODE, Att. 4, 5);
3. The al ,w4p;rohibits,partitiorf-in case)of,ConjOal patership property except 4. When a acquires prescription .tha iir owned in common
in dertAin stalice' (PARAS,:ProPerty, su at 361) (P , Property, Ora t 3 I
4. rtiKp-yy uld -rend-pr die property UnsOrvicettlle for the use for 5 % 6 in ori' -owner (P - .1i, Property, Ave t 348),
V1L CODE, Art,1495)SUTthe cb-Ownership may be 6. Lo r d ru (P"AgAS, •77p.i rrty, s -•!0-

ated ;„„and 7 Ex. • • riati , th will be cordingly) (PARAS,

5, gal na ofcornmon,Rtopkrty'dOes not allow partition as in the case Prope
of part 4ivalls (P A ..Pcd'PettY";-4, IPra at 3.64) 8. By the Tkrrninatfrd il n34o8f)the per d a'reed upon or imposed by the donor or
testator, or of theldertod allowe' 'cy/L CODE, Art. 494, pars. 2 and
) r 3); and /4,'"
Q: How many co-owners' st grve-consen- before an act may be carried out
upon the property owned-in dorninon?,, 9. By the sali,,by the.;to-owners of the thing to a Third person and the
ANS: The following number''bf,r-ownerstrnuSgive' consent before an act may be distribution of its pndceeds among them (CIVIL CODE, Art A 498).
:
carried out upon the property owner in'dorilltid'6'-
Q: What is "partition"?
Actions Consent Needed ANS: Partition, In general, is the separation, division and assignment of a thing held in
common among those to whom it may belong. The thing itself may be divided, or its
Repairs, ejectment actions. One co-owner value (CIVIL CODE, Art. 1079).
Alterations or Acts of Ownership. All of the co-owners Q: What is the purpose of partition?
ANS: Partition has for its purpose to put an end to co-ownership Every act intended to
II All others (e.g. useful improvements,
embellishments, administration and better
Financial majority of the co-owners
put an end to indivision among co-heirs is deemed to be a partition (CIVIL CODE. Art.
enjoyment) 1082).

(CIVIL CODE. Art. 489, and 491-492)
Note: Although the sale of co-owned property is an act of alteration, being an act of
strict dominion, this does not mean that the second sentence of Art. 491 applies such
that all co-owners must consent to the sale. What applies is Art 493, which dictates that
each co-owner can sell his fully owned part (Arambulo v. Nolasco, G.R. No. 189420,
March 26, 2014).
Q: What is the effect of partition?
ANS: The effect of partition is to vest in each a sole estate in specific property, giving
each one a right to enjoy his estate without supervision or interference from the others
(Noceda v. Court of Appeals, G.R No. 119730, September 2, 1999).
 CIVIL LAW I
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F. t P!o -0.SeSSio*aZI *IF Q: What is the effect of acquiring possession through succession?
ANS: One who succeeds by hereditary title shall not suffer the consequences of the
Q: What is "possession"? wrongful possession of the decedent, if it is not shown that he was aware of the flaws
ANS: Possession is the holding of a thing or the enjoyment of a right (CIVIL CODE, Art affecting it; but the effects of possession in good faith shall not benefit him except from
523) the date of death of the decedent (CIVIL CODE, Art. 534).

Q: When is there possession? iHlO) Q: What are the presumptions regarding possession?
ANS: In order for possession to take effect, the following requisites must be present: ANS: The following are presumptions regarding possession.
1 The Holding or control of a thing or a right; 1. Good faith is always presumed (CIVIL CODE, Art. 527).
2. There must be a deliberate Intention to possess, and 2. Possession continues to be enjoyed in the same character in whico it was
3 The possession must be by virtue of one's Own right (PAPAS, Property, acquired, until the contrary is proved (CIVIL CODE, Art, 529);
supra at 451), 3. The possession of hereditary property is deemed transmitted to the heir
without interruption, and from the moment of the death of the decedent, in
Q: How is possession acquired? case the inheritance is accepted One who validly renounces an inheritance
ANS: Possession is acquired: is deemed never to have possessed the same (CIVIL CODE, Art. 541)
1. By the material occupation otathing or the exercise of a right i.e. tradicio 4. A possessor in the concept o •wner has in his favor the legal presumption
brew menu and thc7on cons& uniwsessonum (CIVIL CODE, Arts. that he possesses with ju and he cannot be obliged to show or prove
1499-1500); it (CIVIL CODE, Art. 5
2 By the fac.t„tifatris actibri ofiou3fsat II i.e tradicio longa manu 5. One who recovers, law, possession unjustly lost, shall be
and tradieron sioribol IVIL CODE or deemed for all purpo y redound to his benefit, to have enjoyed
3 By the po'beLtsantJegaHnrrrialiti I or, acquiring such right, it without interruption 561);
i e. dOattoo, siccalsion, contract, exec 1311C instrument (CIVIL 6. The present posse or at previous time has
‘ ,u4;r2
COqE>rt.,, 01) continued to be '1 during the ng time, unless there is
proof to th cIpE. Art 1138, part
Q: By whom is p-ossession acquired?- 7 The posse presumes that4o the movables therein so
ANS: PossesSiog•may be acquired - long as it n bwn or r ved that theysllbufq be excluded (CIVIL
1 Perso9ally or by the same person who IS torenjoy iti COD
2 Thtough,an authorized person or by his legal representative or agent, or 8 E a thing pfisse in common shall be
3 Thmugi unsUthOrikeO person or bjcatkoersons,witiput any power of sessed y be allotted to
auth6. WkatsoeVer)(CWIL. CODE; Art.;5„32), -I hi the e fig which the co-
poss Art 543, P roperty, supra at 474-
, .. ...- .-
Q: What may be osses ? , 475).
ANS: Only those'lqings a rights,aytich are -Susceotib of beinVappropnated may be
possessed (hence, holy prope'tty,-,May beItheobjec powssion) (PARAS, Property, Q: What are the differ
supra at 476) ,. ANS: The different ki
/ 1. In one's oW here possessor claims the thing for himself (CIVIL
Q: What is the "Doctrine of Iry indica/Any- 1. CODE, Art.
ANS: Under the doctrine of irren indicabittyn e possession of movable property 2. In the name o ther - for whom the thing is held by the possessor (CIVIL
acquired in good faith is equivalent to the title (CIVIL CODE, Art 559). CODE, Art 524)!
a. Voluntary - as when an agent possesses for the principal (by virtue of
Note: Actually, possession in good faith does not really amount to title, for the reason
an agreement);
that Art. 1132 of the Code provides for a penod of acquisitive prescnption for movables
b. Necessary or Legal - when exercised by virtue of law, such as
through "uninterrupted possession for four (4) years in good faith". The title of the
possession in behalf of incapacitated persons, and juridical entities:
possessor in good faith is not that of ownership, but is merely a presumptive title
and
sufficient to serve as a basis for acquisitive prescription (De Garcia v. Court of Appeals,
c. Unauthorized - This will become the principal's possession only after
G.R. No. L-20264, January 30, 1971).
there has been a ratification of the same without prejudice to the effects
of negotiorum gestio (PAPAS, Property, supra at 455)
Q: As exception to the doctrine of irrevindicability, under what circumstances
3. In the concept of owner (enconcepto de dueno) - possessor of thing or
may recovery of possession be had even from the possessor of a movable in
right, by his actions, is considered or believed by others as the owner,
good faith?
regardless of good or bad faith of the possessor (CIVIL CODE, Art. 525):
ANS: Under the following instances, recovery may be had from the possessor of a
a. Only the possession acquired and enjoyed in the concept of owner can
movable in good faith:
serve as a title for acquiring dominion (CIVIL CODE. Art 540); and
1. Where the owner or possessor lost a movable, and
b. Such possessor is presumed to possess just title (CIVIL CODE, Art 541)
2 Where the owner or possessor has been unlawfully depnved of a movable
4. In the concept of bolder - possessor holds it merely to keep or enjoy it. the
(CIVIL CODE, Art 559)
ownership pertaining to another person; possessor acknowledges in another
a superior right which be believes to be ownership: cannot acciuire
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Volume II Series of 2020/24

ownership by prescription (CIVIL CODE, Art. 525; PARAS, Property, supra Q: Who is a "possessor in bad faith"?
at 458). ANS: A possessor in bad faith is a person who is aware of the invalidating defect in his
own title. Only personal knowledge of the flaw in one's title or mode of acquisition can
Q: What is the nature of the possession of a bank teller over the money make him a possessor in bad faith (DE LEON, Properly, supra at 334).
deposited/remitted? Note: It is not transmissible even to an heir. Possession in good faith ceases from the
ANS: The possession of a bank teller is only physical or material possession. The moment a defect in his title is made known to the possessor (Tacas v Tobon. G.R. No
money was in the possession of the receiving teller of the bank, and the possession of L-30240, August 23, 1929).
the defendant was the possession of the bank. Payment by third persons to the teller is
payment to the bank itself: the teller is a mere custodian or keeper of the funds received. ID: What are the distinctions between a possessor in good faith and a possessor
and has no independent right or title to retain or possess the same as against the bank. in bad faith?
When the bank teller removed the money and appropriated it to his own use without the ANS: The distinctions between a possessor in good faith and possessor in bad faith
consent of the bank, there was the taking or apoderamiento contemplated in the are as follows:
definition of the crime of theft (Cristeta Chua-Burce v. CA. G.R. No. 109595. April 27, POSSESSOR IN GOOD FAITH vs. POSSESSOR IN BAD FAITH
2000 citing People v. Leeson).
Possessor in Good Faith Possessor in Bad Faith
Q: What is the nature of the po,gssioni,o1Aples agent over the things he was
authorized to sell? As to rights to the Entitled until, faith Not entitled. Has a duty to
ANS: The possession gfro5 salks agel2I•isia‘ juridicat`.Rossession which gives the Fruits Received ceases faith reimburse fruits received ;
begins I including that which the legitimate
possessor a right over tied,,F1Ng cvlit 4.11 aesfrth may,setop , against the owner. An I possessor could have received
agent can even ass as agai is own principa , apilind rident, autonomous, right
to retain money or Ivd4ic1 ?4 nce4 the tencyNas when the principal
As to rights as Reirntrur m ement without retention .
fails to reimburs 41Tr‘fo a ances-he bas-made, ndkisttdi rideridify him for damages
regards the rete
suffered without/his 'tau . A ales agent -who4nisapprpri eS or ,fkils to return to his Necessary
principal the precess thins he was commissioned or au ctrifeillto sell is liable for
Expenses
estafa (Cristet arcs cil—CA7G-IR W1 ir73959.5,14pril 2 . citing Guzman v.
CA) As to rights as ffie ; rsement with ; No r im merit or retention or
...4 / regards the Useful ret or he,,m move, re .val
e ,
Q: May ptitssess\o , n :)?,,e\, recognized in kfo. = diferent personalities? Expenses provided tti moval
ANS: As a ge eratru e. pos skiiin as a fact• cann$ be.rec the same time in be one ithout
two different pe ehatitics eIç tticases af-i6c:4pose ion ( DE, Art. 538). he ncipal
1
Q: What are the‘f'ples a4lue nse r,egardrg the7ct of possession?
ANS: The rules despe fot n S As to rights as ghttAf remove Right of removal without right of
1. The presegt/actqJesJS erre,lc regards the rof rein b rsement, but the owner or
2. If there are e ssession: Ornamental a u possessor is liable only for
3. If the dates o n arel, 1-1-krn with a title; or Expenses the value of the ornaments, in
4, If all the above co itioQ.Lare 61.1,eiit of possession shall be judicially case he prefers to retain them, at
determined and in the mearit thing shall be placed in judicial deposit the time he enters possession
(CIVIL CODE, Art. 538). 1
As to Taxes arid Taxes and charges All taxes and charges are
Q: Who is a "possessor in good faith"? (QV!) C llamas 1. Charged to owner charged to owner
ANS: A possessor in good faith is one who is not aware that there exists in his title or (1. on Capital, 2, Charged to possessor
mode of acquisition any flaw which invalidates it. Thus, in order to validly claim the 2. on Fruits and 3. Pro-rated
status of a possessor in good faith, the following requisites must be present- 3. Charges)
1. Ostensible title or mode of acquisition (CIVIL CODE, Art. 712);
As to No reimbursement No reimbursement
2. Vice or defect in the title (DE LEON, Property, supra at 335); and
reimbursement of
3_ The possessor is Ignorant of the vice or defect and must have an honest
Improvements no
belief that the thing belongs to him (DE LEON, Property, supra at 335).
longer existing
Q: When may ignorance of the law be properly invoked as basis of possession in As to Liability for Only if acting with Liable in every case
good faith? accidental loss or fraudulent intent or
ANS: Gross and Inexcusable ignorance of the law may not be the basis of good faith, deterioration negligence after summons
but possible excusable ignorance may be such basis (Kasilag v. Rodriguez, G.R. No.
46623, December 7 1939)
ID> CIVIL LAW I
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4.
<11111
Temporary ignorance of the whereabouts of movable property (CIVIL
Possessor in Good Faith Possessor in Bad Faith
CODE, Art. 536).
Asia who will be Not entitled. Not entitled.
entitled to the Improvements caused by , Improvements caused by nature Q: What are the rules on the Recovery or Non-Recovery Principle?
Improvements due nature or time shall always I or time shall always inure to the ANS: The following are the rules of the Recovery or Non-recovery Principle:
to nature or time inure to the benefit of the benefit of the person who has 1. Owner may recover without reimbursement:
person who has succeeded succeeded in recovering a. From possessor in bad faith; or
in recovering possession. possession (CIVIL CODE, Ans. b. From possessor in good faith, if owner has lost the property or has
539-561). been unlawfully deprived of it (the acquisition being from a private
_J person) (CIVIL CODE, Art. 559).
(DE LEON, Property, supra at 406-408) 2. Owner may recover but should reimburse:
a. If possessor acquired the object in good faith at a public sale or auction
Q: What are the rights of the possessor? (RPS) because the publicity attendant to a public sale should have been
ANS: The possessor has the right to: sufficient warning for the owner to come forward and claim the property
1. To be Respected in his possession;
(CIVIL CODE, Art. 559).
2. To be Protected in or restored to said possession by legal means should he 3. Owner cannot recover even • he offers to reimb e whether or not the
be disturbed therein. d'''•":"*"..'" , -..... owner had lost or has b
1 To Secure fro petent cot' for forcible entry the proper
a. If possessor ha it in good faith by purchase from a
writ to resto1iirmjn hThpos sion I IL GO /I - Art. 539).
/ r merchant's store markets in accordance with the Code of
„
i r /-• \,. ossessor-with-respecho fruits?
Commerce and (CIVIL CODE, Art 1505, CODE OF
Q: What are the rigntsiif
COMMERCE, Arta
ANS: If at the ti 'aigotr . ases, there should'be I or industrial fruits,
b. If owner is by • ng the seller's authority
the possessor s ght to'-a part of the expgrise tion, and to a part
to sell 5); and
of the net hary rtion to the time of possessio ODE, Art. 545).
C. If posassor had o the goods be ‘e he was an innocent
purch kor value, der of a nego Vocument of title to the
0: What are the.ca es for toss .of possession?
good ,CrYDE, Art 18; PARAS, ero \supra at 560)
ANS: The geera auses for\ loss of possession are: I
1. Thu ssesso'0 voluntary wilt and int nt-
R.A. 4726 AS R.A. 7894i.T CT
a. /Ain
b. 1,1asns r ortdri,eyance (CIVIL CODE;)rt_ 5 Q: What is a ndttflh1ui "? C,
2 Against the possessors will ANS: A condomipium • roperty co separate interest in
a. ErninenNomain, • . a unit in a residen • al or com rcial building and an undivided interest in
b. A?luisitivftres iptibri, , common, directly o direct! 'n the Ian which it is located and in other common
C. Reogyery or,iqcaton bY'th,e_Iegifi e,owner r possessor; areas of the building (RA 4726, as 'The Condominium Act,"
d. Judicial,deoreq ITfavoLotong.,whehr ab' ttë right, and Sec.2).
e. PossesSion of.:another for more-Man, 'orie---(1) year (CIVIL CODE, Art.
, • Q: What is a "condom' rfiloration"?
555), ,--
Note: This refers to MS-16.1161i de facto where the possessor loses the ANS: A condominium on is a corporation which holds title to the common
right to a summary action; but he may still bring an accion publiciana or areas, including the land, or the appurtenant interests in such areas, in which the
reitandIcatoria. The real right of possession is not lost till after the lapse holders of separate interest shall automatically be members or shareholders. to the
exclusion of others, in proportion to the appurtenant interest of their respective units in
of ten (10) years (CIVIL CODE. Art. 555).
the common areas (RA. No. 4726, Sec. 2).
3. By reason of the object;
a. Destruction or total loss of the things: Note: "Separate interest" refers to ownership of a unit. Thus, unit owners are members
b. Withdrawal from commerce; and of the condominium corporation, regardless of whether they acquired ownership through
c. Escaping from possessor's control of wild animals (CIVIL CODE. Art. a sale transaction or otherwise (Lim v. Moldex Land, Inc., G.R. Na. 206038, January 25,
555) (PARAS. Property, supra at 458). 2017).
Note: Section 9(d) of R.A. 4726 as amended allows a condominium corporation to
Q: What acts do NOT constitute loss of possession? collect association dues, membership fees, and other assessments/charges purely for
ANS: The acts that do not constitute loss of possession are: the benefit of the condominium owners. This is a necessary incident to the purpose to
1 Acts executed by stealth and without knowledge of the possessor (CIVIL oversee, maintain, or even improve the common areas of the condominium and its
CODE, Art. 537); governance (Bureau of internal Revenue v. First E-Bank Tower Condominium Corp.,
2 Acts merely tolerated either by the possessor or by his representative or G.R. No. 215801, January 15, 2020).
holder in his name unless authorized or ratified (CIVIL CODE, Art. 537).
3 Violence (CIVIL CODE, Art. 537); and
Mb>
Q: What is a "unit"?
CIVIL LAW I
San Becia Law-ROOT Bar Operanons Ce"te,
• BEDAN RED BOOK
Volume If Series of 2020/21

3.
<AEI
Unless otherwise, provided, the common areas are held in common by the
holders of units, in equal shares, one for each unit;
ANS: A "unit" means a part of the condominium project intended for any type of
4. A non-exclusive easement for ingress, egress and support through the
independent use or ownership. including one or more rooms or spaces located in one or
common areas is appurtenant to each unit and the common areas are
more floors (or part/s of floors) in a building or buildings and such accessories as may
subject to such easements;
be appended thereto (R.A. No. 4726, Sec. 3(b)).
5. Each condominium owner shall have the exclusive right to paint, repaint,
Note: Under Sec. 6(a) of R.A. 4726, a unit includes only the four (4) walls, ceilings, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the
windows, and doors thereof or its interior surfaces. Thus, it does not include the areas or walls, ceilings, floors, windows and doors bounding his own unit;
air space above it, which is part of the "common areas" (Leviste Management System, 6. Each condominium owner shall have the exclusive right to mortgage, pledge
Inc. v. Legaspi Towers 200, Inc., G.R. No. 199353, April 04, 2018), or the terrace or encumber his condominium and to have the same appraised
(Poole-Blunden v. Union Bank of the Philippines, G.R. No. 205838, November 29, 2017). independently of the other condominiums but any obligation incurred by
such condominium owner is personal to him: and
Q: What are "common areas"?
7. Each condominium owner has also the absolute right to sell or dispose of
ANS: 'Common areas" means the entire project excepting all units separately granted
his condominium unless the master deed contains a requirement that the
or held or reserved (R,A, No. 4726. Sec.3(d)).
property be first offered to the condominium owners within a reasonable
Q: What is the rule with regard to common areas? period of time before the sarri is offered to outside parties (R.A. No 4726,
ANS: The general rule is thatparneo-n---aree'nfiall-ree-)ain undivided, and there shall be Sec 6).
no judicial partition thereoVR A. ,ko 4746, Sedks7i' .1,;,- -' •,-. Note: A dispute betw dominium corporation and unit owner as to
Exceptions: Where seke eral p rso
' ''''e l' \ - ‘--: \ 41•%'urns. in a condominium project, an
n-cordorpi the payment of ass s is an intra-corporate controversy over
action may be brougty Ohe pr more such persons.fcit partition thereof by sale of the which the RTC has ju, (Medical Plaza Makati Condominium
entire project, as jr th 4.9 ersoof-alt-Orthe- tbndornini s in Such project were co-
. ,
Corporation v pita*,
4' 107,
ovemp'ir4 11' 2013).
owners of the e tik/pro the same 'proportion newinter'e,sts in the common
areas: Provided °Wave , that a partition Shallbe made onlrupon a 'showing: R.A. 9904, MAGNA GTA FOR f HOMEOWNERSA AND HOMEOWNERS'
1 Th „three (3) years after.. damage or destrudlionito the project which ASSOCIATIONS -
renpeja ' terial part- thereof uritit for its use prior, thereto, the project has Q: What is a "homeoWnir oclationF
nof been febuilt si- repaired substantially to its state prior to its damage or ANS: A homeoweereesspolatien is a nartock, nonprofit cprporation registered with
destniottop: ' -' • , - , the Housing arielt%nd Use iRegUiatory Boaril (HLURB) or theiSecUrities and Exchange
2, That 'damatge oE,destructiop te-the_proie_qhas-sendered one-half or more of Commission (aC), orga` by owners pc purchasers of. a Jot re, a subdivision/village
thei en' tlereini,u enantable ;and thaf,coedominium Owners holding in or other resid tial ?eV rty located thin the '10S4iiiY Oahe association; or
agg te pore, ttia thirty i)eicent,Anteiest
. , in' the common areas are awardees, usufruqtuarie l oceNiarit d/or lessee's4Atttsing unit and/or lot in
opp ed to r"e?air (Kies Kation ofpeprOject; a government soeialk, o oak h ing or relocation project and other urban
3. That e project has' been in existeoce in excess of fifty years (50%), that it estates (R.A. No. 9904, Sec ).
is obsoltte an'ds nel,c,dribmie rirt, that ,condominym owners holding in
Note: While the term law covers homeowners'
aggregat more/ " pertent-{gAripterest in the common areas are
associations of other broad enough to cover a
opposed to air. o "tiorrorYernocrViNstifriodernizing of the project;
condominium corporati he legislative intent. Thus, the rights and obligations
4, That the project r matki, I lkiq----th'et:W." has been condemned or
of condominium unit o d the condominium corporation are governed by the
expropriated anci'lhaLthe- prbjL.is,'-'.'no longer viable, or that the Condominium Act, R.A. (Medical Plaza Makati Condominium Corporation v.
condominium owners hoeing in aggregate more than seventy percent
Cullen, G.R. No. 181416, November 11, 2013).
(70%) interest In the common areas are opposed to continuation of the
condominium regime after expropriation or condemnation of a material Note: A homeowners association may regulate passage into a subdivision for the
portion thereof; or safety and security of its residents, even if its roads have already been donated to the
5 That the conditions for such partition by sale set forth in the declaration of local govemment. Although the subdivision roads donated to the City are public property
restrictions, duly registered in accordance with the terms of this Act, have for public use, R.A. 9904, Sec. 10(d) gives homeowners' associations the right to
been met (R.A. No. 4726, Sec. 8). regulate access to or passage through the subdivision roads to preserve privacy,
tranquility, internal security, safety, and traffic order. It does not distinguish whether the
Q: What are the rights and obligations of condominium owners/Incidents of a roads have been donated to the local government or not (William G. Kwong
condominium grant? Management, Inc. v. Diamond Homeowners & Residents Association, G.R. No. 211353,
ANS: The rights and obligations of condominium owners/ incidents are as follows. June 10, 2019).
1. The boundary of the unit granted are the interior surfaces of the perimeter
walls, floors, ceilings, windows and doors thereof; Q: Who is considered as a "homeowner"?
2. There shall pass with the unit, as an appurtenance thereof, an exclusive ANS: 'Homeowner" refers to any of the following:
easement for the use of the air space encompassed by the boundaries of 1. An owner or purchaser of a lot in a subdivision/village,
the unit as it exits at any particular time and as the unit may lawfully be 2. An awardee, usufructuary, or legal occupant of a unit, house and/or lot in a
altered or reconstructed from time to time Such easement shall be government socialized or economic housing or relocation project and other
automatically terminated in any air space upon destruction of the unit as to urban estates; or
render it untenantable;
Et> 3,
CIVIL LAW I
Ban Bede Law-RGCT Bar Operattorm Center

An informal settler in the process of being accredited as beneficiary or

r BEDAN RED BOOK
Volume II Senes of 2020/2I
<41111
settlement and urban development It shall be the sole and main planning and policy-
awardee of ownership rights under the Community Mortgage Program making, regulatory, program coordination, and performance monitoring entity for all
(CMP), Land Tenure Assistance Program (LTAP) LTAP, and other similar housing, human settlement and urban development concerns, primarily focusing on the
programs (R.A. No. 9904, Sec. 30). access to and the affordability of basic human needs (R.A. No. 11201, otherwise known
as the Department of Human Settlements and Urban Development Act, Sec. 4).
Q: How do Homeowners Associations acquire juridical personality?
The Department shall exercise administrative supervision over the following
ANS: Every association of homeowners shall be required to register with the HLURB.
housing agencies:
This registration shall serve to grant juridical personality to all such associations that
1. National Housing Authority (NHA);
have not previously acquired the same by operation of the General Corporation Law or
2. National Home Mortgage Finance Corporation (NHMFC):
by any other general law (RA. No. 9904, Sec,4).
3. Home Development Mutual Fund (HDMF): and
Q: What are the rights and duties of every homeowner? 4. Social Housing Finance Corporation (SHFC) (R.A. No. 11201. Sec. 22)
ANS: Every homeowner has the right to enjoy the basic community services and
facilities: Provided that he/she pays the necessary fees and other pertinent chargers Note: The powers and functions of the attached agencies/corporations in Section 22
(R.A No. 9904, Sec 5) with respect to policy and program development shall be exercised by a single Board of
Trustees, known as the National Human Settlements Board (RA. No. 11201, Sec. 21).
Q: How can a lessee, usufructyarrdrettirocct,ipant of a member be qualified to The attached corporations shall continue function according to existing laws and their
become a member of a horndOwner's $sSociation respective Charters, subject to the rections of the Board (RA. No. 11201, Sec.
ANS: A lessee, usufruckrary,,,or-thgal obetipaneshail have-14e right of a homeowner as 22).
set forth under this A up phDCurernent of a`wititttn ctintedt.ei r authorization from the
. ntil such-consent oNthpit'gatieft is revoked in writing, Q: What is now the function of th
owner of the lot or
ANS: The HLURB is hereby re hall h- forth be known as the
the owner of the 19(01 h singtunTirs- deerried to h e.,wii,ed r rights enumerated
Human Settlements Adjud •;11iir, r referred to as the
under Section 7 fthiQcf, exrept the right to inspect aisso rOreb ks (R.A. No. 9904,
Sec. 6). "Commission". The adju ry function f the HLU is reby transferred to the
• Commission and shall ttached to epartment for p, iy., planning and program
Note: The im fl pntlg wlsntTegulatron tfR4. 990 Tequi s that the lease coordination only (R.A. "1201, S i.
k
contract be for rfi grrn at least One (1) year: beftire`th lessee!ora m4nber may qualify
as a member cit a_ rieownei4p association-(/rnP/emeniirig Rubig No. 9904, Rule Q: What is the ju 1 e Huma ettlements djuJlicdtion Commission?
3, Sec 10). t.1 ; f ' , ANS: The co sion exclusivskap te jurisdicti n ov •
.
. '• . t ,',...,.. .. ....,..? 1. A sd by e Regi Adjud
Q: What are the rrightN ofcialthmeowner assocfa frs,trinembfr? I 2 A als ro sio I and reg rid zoning bodies
ANS An assockation mber1,10S\ full right: ,i ,. -, if (R.A -411o. c.
1. To avail of a en$9 a4asicIconIfitUrtrty seryjtes an he use of common
areas and faciitti s; - • ' -1'.4'.' -',, -, '''' * Q: What is the Jun ction pReginal • cators?
2. To inspect assolti,on .books 'and recØ during/ffice hours and to be ANS: The Regional AJJj tors shall al and exclusive jurisdiction to
provided Ortizn reqt.ip. with_aonual.repO. ‘. inctildjag
. financial statements: hear and decide cases • wing t.,
3. To participatem‘FteOpcj' be eliigi eleotife or appointive office of the 1. Cases invojrig s isions, condominiums, memorial parks and similar
association subji The qu4tift. - . t6vided for in the bylaws; real estate wen ts;
4. To demand and prom rreee sits required by the association as 2. Cases involvin drAeowners Associations;
soon as the condition for the deposits required by the association as soon 3. Disputes involving the implementation of Section 18 of Republic Act No.
as the condition for the deposit has been complied with or the penod has 7279 (Urban Development and Housing Act), as amended, and its
expired; Implementing Rules and Regulations.
5 To participate in association meetings, elections and referenda, as long as 4. Disputes or controversies involving laws and regulations being implemented
hisiner bona fide membership subsists; and by the Department except those cases falling within the jurisdiction of other
6 To enjoy all other rights as may be provided for in the association bylaws judicial or quasi-judicial body (RA. No. 11201, Sec. 16).
(R.A. No. 9904, Sec.7).
Note: Decisions, awards or orders of the Regional Adjudicators shall be final and
R.A. No. 11201, DEPARTMENT OF HUMAN SETTLEMENTS AND URBAN executory unless appealed to the Commission within fifteen (15) calendar days from
DEVELOPMENT ACT receipt of such decisions, awards or orders. The decision of the Commission upon any
disputed matter may be brought upon to the Court of Appeals in accordance with Rule
Q: What is the function of the Department of Human Settlements and Urban 43 of the Rules of Court (R.A. No. 11201, Sec. 18).
Development?
ANS: There is hereby created the Department of Human Settlements and Urban Q: When is a subdivision or condominium considered "abandoned?
Development, hereinafter referred to as the Department, through the consolidation of ANS: Abandoned subdivision or condominium refers to a project whose development
the Housing and Urban Development Coordinating Council (HUDCC) and the Housing has not been completed in accordance with the approved development plan despite the
and Land Use Regulatory Board (HLURB). The Department shall act as the primary lapse of at least ten (10) years from the target date of completion and it appears that
national government entity responsible for the management of housing, human said project owner or developer has no intention to complete the project development
 CIVIL LAW I
Sar- Bede LaN-RGCT Bar Ooe•akions Ccmer EN

or, despite diligent effort for at least the last five (5) years, the project owner or
• BEDAN RED BOOK
Volume : ) Senes of 2020/21

2. As to quantity or kind of object:

<1:1
developer cannot be located (RA. No. 11201, Sec. 3(a)). a. Total; or
Note: The Regional Adjudicators have original and exclusive jurisdiction to hear and b. Partial - whether all the fruits are given or not:
decide suits to declare subdivision, condominium, or other real estate developments 3. As to the extent of owner's patrimony:
within the regulatory jurisdiction of the Department of Human Settlements and Urban a. Universal - if over the entire patrimony; or
Development as abandoned for the purpose of P.D. 957. Sec. 35 (R.A, 11201, Sec. b. Singular or Particular - if only individual things are included.
16(5)). The National Housing Authority may take over or cause the development and 4. As to the number of persons employing the right:
completion of the subdivision or condominium project at the expenses of the owner or a, Simple - if only one usufructuary enjoys; or
developer, jointly and severally, in cases where the owner or developer has refused or b. Multiple - if several usufructuary enjoy;
failed to develop or complete the development of the project as provided in P.D 957 c, Simultaneous - at the same time; or
After such take-over, the NHA may demand, collect, and receive from the buyers the d_ Successive - one after the other.
installment payments due on the lots, which shall be utilized for the development of the 5. As to the quality or kind of objects:
subdivision (P.O. 957, Sec. 35), a. Over rights; or
b. Over things.
Note: The Department of Human Settlements and Urban Development has the power 6. As to whether or not impairment of object is allowed:
to take-over unfinished, incomplete, or abandoned licensed real estate projects under a. Normal -perfect or reguiff; or
P.D. 957, in coordination with th„, ropiTaTel'dVernment agencies (R.A. 11201, Sec. 5 b. Abnormal - imperfec gular.
(110(d)). „ 7. As to term or conditio
a Pure; or
G. •'-'USIIFRII.OT b. Withatermorpefi
i. Ex die - from.b
Q: What is "usufpict"?
ii. In diem -
ANS: Usufruct is thei fr' -yes the right to, enjoylthe rdp f another with the
iii. Ex certain day up o certain day.
obligation of preServin ts foçtn and albStall.ce-,Inlessrthe titte„c.ons tuting it or the law
c. Condit rty, supra at 575- 576)
otherwise provides-(pyiL c DErArt-562)r-- _
I , '
0: How may iisufli44 be conatituteck? RIGHTS AND OBLIGATIONS OP4SUFRUGOARY
ANS: A usufrycq. constituteq by law, 00tie will of private persons expressed in acts Q: What are the fights of the'utufructu*?
inter vivos or lila la till andVetement-brid4y presdriptian (CIWL,,CODE, Art. 563). ANS: The us04,4ptuary,hpli be entitled t „al the natural, indilstriaNnd civil fruits of the
it f .. ' ' - - / • • -.- -. 1 property in usilkikt With relpect`ttsoiltddeereasurele0a on the land or
Q: What are thetcharaCteristjCsV usufruct? (313:APiT) tenement, he shall be oensidered a'§hnger4CIV/L CODET* 6)
ANS: The characteristic\are: ' „ - , • .
1 Tempocary in dwation (Eleizegtlix The Manila Lawn Tennis Club, G.R. No Q: What are the ruWi on paneling natural!or industrial fruits"1
967, May 19, 1903), ''• , 0 ANS The rules are as follows,
, .
2_ Real right gestlA tate_of,kajerSez•v:Vda. do Ramirez, G.R. No. L-27952 1. Fruits pending at the beginning
February 15, 'l$823', 1. a 8elon09 the usufructuary (CIVIL CODE, Art. 567, par. 1);
3 It derives all Advantages from the thing due to normal exploitation (Eletzegui b No necepty of refunding owner for expenses incurred (CIVIL CODE,
v. The Manila Lawn renms Club,:-G-R.-No. 967, May 19, 1903): Art. 567, Oa-r.3);'and
4. May be constituted on real or personal _Property, consumable or non- c. But without prejudice to the right of third persons (CIVIL CODE. Art
consumable, tangible or intangible, the ownership of which is vested in 567, par.4).
another; and 2. Fruits pending at the termination of usufruct'
5. Transmissible (PAPAS, Properly, supra at 572-573). a. Belong to the owner (CIVIL CODE, Art. 567, part
b. But the owner must reimburse the usufructuary for ordinary cultivation
Q: What are the classifications of usufruct? expenses and for the seeds and similar expenses, from the proceeds
ANS: Usufruct may be classified: of the fruits (CIVIL CODE, Att. 567, par. 3); and
1. As to Origin: c. Rights of innocent third parties should not be prejudiced .(CIVIL CODE.
a Legal - created by law, such as usufruct of the parents over the Art. 567, par4; PARAS, Property, supra at 583- 584).
property of their unemancipated children:
b_ Voluntary -- created by will of the parties either by an act inter vivos Q: When do civil fruits accrue?
such as donation, or by an act mortis cause such as in a last will and ANS: Civil fruits are deemed to accrue daily and belong to the usufructuary in
testament; or proportion to the time the usufruct may last (CIVIL CODE, Art. 569). The exception is
c. Mixed - acquired by prescription such as when believing himself to be whenever a usufruct is constituted on the right to receive a rent or periodical pension,
the owner of the property of an absentee, gave in his will the usufruct of whether in money or in fruits, or in the interest on bonds or securities payable to bearer.
the property for the requisite prescriptive period to his wife, who In this case, each payment due shall be considered as the proceeds of fruits of such
possessed it in good faith as usufructuary, and naked ownership to his right (CIVIL CODE, Art. 570).
brother.
 <4111
ID> CIVIL LAW
San Bede Law-RGCT Bar Operations Center I
pEReatt,213„,3,EDBOOK
Q: What rights does the usufruct cover? Q: What are the rights of the usufructuary as to advances and damages?
ANS: The usufruct covers the entire jus fruendi (right to enjoy the fruits) and the entire ANS: The rights of the usufructuary as to advances and damages are.
firs utendr (right to the use) (PARAS, Property, supra at 588). 1. To be reimbursed for indispensable extraordinary repairs made by him in an
amount equal to the increase in value which the property may have acquired
Q: What is an "abnormal usufruct"? by reason of such repairs (CIVIL CODE, Art 594),
ANS. The following are abnormal usufructs: 2. To be reimbursed for taxes on capital advanced by him (CIVIL CODE Art
1 Abnormal usufruct on things that deteriorate - whenever the usufruct 597);
includes things which, without being consumed, gradually deteriorate 3. To be indemnified for damages caused to him by the naked owner (CIVIL
through wear and tear (CIVIL CODE, Art 573); and CODE, Art. 581).
2 Abnormal usufruct on consumable things (quasi-usufruct) - whenever the
usufruct includes things which cannot be used without being consumed Q: What are the rights of the usufructuary upon the expiration of the usufruct?
(CIVIL CODE, Art. 574) ANS: The rights of the usufructuary upon expiration of the usufruct are
1. To collect reimbursement from the owner:
Q: What are the rights and obligations of a usufructuary in a usufruct on things a. For indispensable extraordinary repairs made by the usufructuary
that deteriorate? (CIVIL CODE, Art. 612):
ANS: The usufructuary shall have te„uglat.tesn„ake use thereof in accordance with the b. For taxes on the capital dvanced by the usufructuary (CIVIL CODE,
purpose for which they are rpterrded, anthshall 7)bt,Ize,. obliged to return them at the Art. 612); and
termination of the usufruct4cedt,in thetr condition at that4jme: but he shall be obliged c. For damages cau usufructuary
to indemnify the owner-46r any deteeoration-th4 rhayfhavesuffered by reason of his 2. To retain the thing untij-A. ment is made (CIVIL CODE_ Art 612) and
fraud or negligence (CIVIL 00QE: Art 573) 3. To remove improvem'ehl by him, but without injuring the property
(CIVIL CODE, Art, 571
Q: What are the fights and obligations of a usufructuayy- in a usufruct on
consumable things? Q: What are the other ri til.:s.of the usi.if ctua ry?
ANS: The usufructuary shall have the right to make use of ttiernpncfer the obligation of ANS: The other right e usufruct re.
paying their appraised value*. the terFilifialion—of the tisufruct, if_tbey were appraised 1 Right to m e of the pd materials, w)en the building forming part
when delivered In case they.were not appraised, he shall have the tight to return the of the us movable been destroyed )ri any manner (same rule
same quantrtyard-qcrality, or pay their current price at the Orne-tti4 usufruct ceases if usulu is corituted on bu g only) (CIVIL CODE Art 607), and
.--
(CIViL. CODE, kit ,574) 2. If ailfructu it. shares in iiisur of tenement in usufruct, and it was lost,
hell - in eleyme f the n " constructed) OR
' 1 .
0: What is the -ruleIttor usefutomproveMerrte made b or ê4,enses for mere receive iriterii1 theAiran ndemni Art 608)
pleasure of theysufructuary . /
ANS: The usufrikctuary Tay make _ort the property ,beid in Oufruct such useful Q: What are the f thebsuf uary before exercising the usufruct?
improvements or expensesNo,r mere pteasure as he .tray deeM proper, provided he ANS: The obligati() s
does not alter its foirgi or sOstalice- butLte- s liav o `ight to be indemnified 1 To make a
therefor He may, howeve,r;irejnoyfSuch ' en1e(its, shai51d it be possible to do so 2 To give a s
without damage to the propeW('Cy/L. cc:9ff,
0: When is inventory n red?
Q: What are the requisites before a'S-M3frcan be made on the improvements for ANS: An inventory is not rei red when:
any damage to the property? 1. No one will be injured thereby, provided the naked owner consents (CIVIL
ANS: The requisites are. CODE, Art. 585); and
1 Damage must have been caused by the usufructuary; and 2. In case of waiver by the naked owner or the law: or
2. Improvements must have augmented the value of the property (CIVIL 3. When there is stipulation in a will or contract (PARAS, Property, supra at
CODE, Art. 580; PARAS, Property, supra at 601) 612).

Q: What are the rights of the usufructuary as to the usufruct itself?
ANS: As to the usufruct itself, the rights of the usufructuary are:
3. To mortgage the right of usufruct (CIVIL CODE, Art. 2085, par 2) except
parental usufruct;
4 To alienate the usufructuary right (PARAS, Property, supra at 589 - 590);
and
5 To bring action and oblige the owner thereof to give him proper authority
and necessary proof in a usufruct to recover property or a real right (CIVIL
CODE, Art. 578).
Q: What are the exceptions in the usufructuary's obligation to give security?
ANS: The usufructuary is not obliged to give security:
1. When no one will be injured thereby (CIVIL CODE, Art. 585),
2. When there is a waiver by the naked owner (4 MANRESA, supra at 464-
467), or there is a stipulation either in a will or by contract;
3. When the usufructuary is the donor of the property who has reserved the
usufruct (CIVIL CODE, Art. 584);
4. When there is a parental usufruct, I e in the case of parents who are
usufructuaries of their children's property (FAMILY CODE, Art 225), and
5. In cases of caucion juratoria (CIVIL CODE, Art. 587; 2 PARAS, Property,
supra at 617).
11111k>'''
CIVIL LAW I
San Beata Law-RGCT Bar Operations Cente, I BEDAN RED BOOK
Volume II Series 01 2020121

Q: What is "caucion juratoria"? 0: What is the obligation of the usufructuary with respect to sterile animals?
ANS: Caucion juratoria is a sworn duty to take good care of the property and return the ANS: Should the usufruct be on sterile animais, it shall be considered, with respect to
same at the end of the usufruct. It takes the place of the bond or security and is based its effects, as though constituted on fungible things (CIVIL CODE, Art. 591, par. 4).
on necessity and humanity (PARAS, Property. supra at 617).
RIGHTS OF THE OWNER
Q: When is there caucion juratoria?
ANS: In order for caucron juratoria to apply, the following requisites must be present:
: What are the rights of the owner during the usufruct?
ANS: The rights of the owner during usufruct are:
1, Proper court petition;
1. He retains title;
2. Necessity for delivery of furniture. implements, or house included in the
2_ He may alienate the property, but he may not:
usufruct:
a. Alter the form or substance of the thing (CIVIL CODE. Art 581); and
3. Approval of the court; and
b. Do anything prejudicial to the usufructuary (CIVIL CODE, Art 581).
4. Sworn promise (CIVIL CODE, Art. 587; PARAS, Property, supra at 611).
3. He may construct buildings, make improvements and plantings. provided.
a. The value of the usufruct is not impaired (CIVIL CODE, Art 595): and
Q: What are the obligations of the usufructuary during the usufruct?
b. The rights of the usufructuary are not prejudiced (CIVIL CODE, Art.
(TARON-PAID-SAC)
595).
ANS: The obligations of a usufructuAgy„duran,g the usufruct are:
1. To Take care of t:Delifoperty as'a goOdlather of a family (CIVIL CODE, Art. Q: What are the obligations of the ner at the expiration of the usufruct?
589); ANS: The obligations of the own "ration of the usufruct are:
2. To Answer he lit0e4C/ IL. E. Art 590); 1. To make reimburse r ces of the usufructuary (CIVIL CODE, An.
3. To Repl es, withA Koung thereof ?ttriafe that:.‘die or are lost in certain 567);
cases sylatetHS-COnItttuted.on'Ilook or held of livestock (CIVIL 2. To cancel the bond, uary's obligations (CIVIL
COD 4f. i .- : , - \ -,• .,:er_. Ilt, CODE, Art 583)i
4. To rOke _rdinar4repairs (CIVIL CODE, Art. 592, Or. 1)r 3. To respect ta of rural Jan ty for the balance of the
5 To Notify t ownpr of urgent extfa-ordinaniirepaits(qW4, CODE. Art. 594); agriculture ar %CIVIL C
6 Tofe-Pit orks riirif-n-pIiiiie"rilitritg 1)7-the nake ow.ger , not prejudicial to
th , AufnACt (CIVIL CODE, Art. 595): . EXTINCTION, TERM
7. ToirlyeArinual ta4s and charges on the frOits (CItjL43øE. Art. 596):
8. To aygo res19, xeson caPifal paid y:itie nalfed oirer (CIVIL CODE, Q: How is a usufruct e tinguished?
A 5r9 ,,, ANS: A usuf nguiphed
9 To a ts wl4r e usukact is sliftutedf on t ( whole patrimony 1. Pt riptiö7i,
2. Termin4tion15 ht of'tl p coristitutin. S . uct
(CI Arts:698)..\
10. To S akeds,dwi ourt'S,.apprival to c041ect credits in certain 3. Total k ,govt ing;
cases E, col,rt, (5 ,. 4. 2eath o tuary, un ary intention appears;
11. To notify e owi)e lailotat Acttbmrnitte 6y third persons (CIVIL 5. Expiration o nod or full solutory condition;
CODE, Art 11, 6. Benunciati the uwfritIctii
12. To pay for Co1r ipiises and)p Jog usufruct (CIVIL CODE Art 7. Merger of ttiettisufr " rid ownership in the same person (CIVIL CODE, Art
- 603).
602). .: -
----.......----
Q: What are the other causes for the extinguishment of usufruct? (MARL)
Q: What are the obligations of the usufructuary upon the termination of the
ANS: The following are the other causes for the extinguishment of the usufruct.
usufruct? (RIP)
1. Mutual withdrawal;
ANS: The usufructuary's obligations upon termination of the usufruct are:
2. Annulment;
1. To Return the thing in usufruct to the owner unless there Is a right of
3. Bescission; and
retention (CIVIL CODE, Art. 573);
4. Legal causes ending legal usufruct, as when attainment of the age of
2. To Indemnify the owner for any losses due to his negligence or of his
majority extinguishes parental usufruct (PARAS, Property, supra at 632).
transferees (CIVIL CODE, An. 573); and
3 To Pay legal interest on the amount spent by the owner for extraordinary Q: How is a usufruct extinguished when there are several usufructuaries?
repairs or taxes on the capita! (CIVIL CODE, Art 594) ANS: A usufruct constituted in favor of several persons living at the time of its
constitution shall not be extinguished until the death of the fast survivor (CIVIL CODE.
Q: What is the obligation of the usufructuary when usufruct is constituted on Art. 611).
livestock?
ANS: If the usufruct be constituted on a flock or herd of livestock, the usufructuary shall Q. What are the rules on usufruct on a building and/or the land concerned in case
be obliged to replace with the young thereof, the animals that die each year of natural of loss?
causes, or are lost due to the rapacity of beasts of prey (CIVIL CODE, Art. 591, par. 1). ANS: The rules on usufruct on a building and/or the land in case of loss are the
following
 CIVIL LAW I
San Beda Law-RGCT Bar Operat,ons Celter • BEDAN
vo,ume,, RED BOOK
Series of 2020/21

1 Usufruct on both building and land (but building is destroyed before the 3. It involves Two neighboring estates (in case of real easements) (CIVIL
expiration): CODE, Art. 613)
a- Usufruct on building ends, but the usufruct on land continues; 4. It is Inseparable from the estate to which it IS attached, and therefore,
b. Usufructuary still entitled to the use of the land and the use of whatever cannot be alienated independently of the estate (CIVIL CODE, Art. 617),
materials of the nouse remain, and Note: A legal easement is not extinguished even lithe servient estate is
c. If the naked owner wants to rebuild and the usufructuary refuses, the sold without the easement being annotated in the certificate of title because
usufructuary prevails (PARAS, Property, supra at 634 - 635). it is inseparable from the estate under Art. 617 (Villanueva v Velasco G.R.
2 Usufruct on building alone (but building is destroyed before expiration): No. 130845, November 27, 2000).
a Usufruct on building ends, but the usufructuary can still make use of
whatever materials of the house remain. 5. It is Indivisible; the division of the estate between two or more persons does
b The usufructuary is entitled to use the land; and not modify the easement. The mere fact that the property was subdivided
c Because there was no usufruct on the land, the naked owner has does not extinguish the easement (CIVIL CODE, Art 618).
preferential right to the use of the materials (CIVIL CODE, Art 607). 6. It is a right Limited by the needs of the dominant owner or estate, without
possession;
Q: What are the rules on payment of insurance on the tenement held in usufruct? 7. It cannot consist in the doing of an act unless the act is Accessory in relation
ANS: The following are the rules o of insurance on the tenement held in to a real easement and
usufruct: 8. It is a limitation on the Se wner's rights of ownership for the benefit of
1. If the naked o the premiums: the dominant owner; a ore, it is not presumed (DE LEON. Property,
a. If the sufruct continues on the supra at 478-479).
enj
b. If r rebuild, the naked 0: How are easements classifie
insurancdhderenity a\interest thereon to ANS: Easements may be clas
1 As to recipien
2 If t owner alone pays;for the ins rance cram usufructuary has a Real - other immovableittionging to a different
owner /3): or s 1,
re hare-
a ked ownergets the wholeirkie My; able in or of which thle ement is established is
usufruct was on the_building an the Ian ufruct continues ;tent estat hat which isiaubj ct thereto, the servient
rith'6 !aria at,N the materiets; and < 14%
If the sufr t ts on the building rope, the ;take ner may rebuild, of a community
e apprlayal of "::OSuf tuarix ut he must pay
teres n th ale of the la mate als that may have
2 As to
en use (6k/a
a. Vol i tary nstituted will or agreement of the parties or by a
3 If the ')'eked oqr :alorie";pard4Or'the ina6rance JBtt there is failure or testato CI CODE, A
omission f usufitu otib.4-elt;rtiioefrect th ame as if there was a or private interest (CIVIL
b. Legal
sharing, bu eimbtirr;th naked owner his share of
CODE ):or
the insurance --mlum, 4 c. Mixed ratr sadly by agreement and partly by law
4. If the usufructuary alone a d.'the insurance premium: 3. As to its exe
a. The insurance m d ftres to the usufructuary alone, with no a. Continuous easements - Their use is incessant, or may be incessant
obligation on his part to share the indemnity with, nor to give legal without the intervention of any act of man, or
interest thereon to, the naked owner, b. Discontinuous easements - They are used at intervals and depend
b Usufruct continues on the land for the remaining period of the usufruct, upon the acts of man (CIVIL CODE, Art. 615).
and 4. As to the indication of their existence:
c. Usufructuary has no obligation to construct a new building or to rebuild a. Apparent easements - Those made known and continually kept in view
(PARAS, Property, supra at 637- 639). by external signs that reveal the use and enjoyment of the same- or
b. Non-apparent easements - They show no external indication of their
411,1 existence (CIVIL CODE, Art. 615).
Q: What is an "easement" or "servitude"? 5. As to duty of the sentient owner:
ANS: An easement or servitude is an encumbrance imposed upon an immovable for the a. Positive - The owner of the servient estate is obliged to (a) allow
benefit of another immovable belonging to a something to be done on his property or (b) to do it himself: or
owner (CIVIL CODE. Art 613). b. Negative - The owner of the servient estate is prohibited to do
something which he could lawfully do were it not for the existence of
Q: What are the characteristics of an easement? (RITHLAS) the easement (CIVIL CODE, Art 616).
ANS: The characteristics of easement are as follows' 6 According to the right given:
1 It is a Real right but will affect third persons only when duly registered; a. Right to partially use the servient estate.
2 It is enjoyed over another Immovable, never on one's own property; b. Right to get specific materials or objects from the servient estate:
la> c, Right to participate in ownership; or
CIVIL LAW
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Easement for the construction of a stop lock or sluice gate (CIVIL CODE,
d Right to impede or prevent the neighboring estate from performing a Art, 647).
specific act of ownership (2 PARAS, Property, supra at 657-658).
Q: What is an "easement of right of way"?
Q: What is a "legal easement"? ANS: An easement of right of way is the easement or privilege by which one person or
ANS: Legal easements are easements imposed or mandated by law and which have a particular class of persons is allowed to pass over another's land, usually through a
for their object either public use or the interest of private persons, and thereby become a particular path or line (Ballard v. Titus, 157 Cal. 673, 1910).
continuing property right (Villanueva v Velasco, GR. No 130845, November 27, 2000)
Q: What are the modes of acquiring an easement of right of way?
Q: What is a "voluntary easement"? ANS: The modes of acquisition on easement of right of way are as follows
ANS: A voluntary easement is one established by the owner of a tenement or piece of 1. By a voluntary title (CIVIL CODE, Arts. 688-693), or
land It must be deemed suitable by the owner, and it must be established in the manner 2. By compulsory title (CIVIL CODE, Arts. 649-657, RABUYA. Property (2017)
and form which ne may deem best, provided he does not contravene the laws, public 642 [hereinafter RABUYA, Property])
policy or public order (CIVIL CODE, Art 688)
Q: When may the owner of the dominant estate demand a compulsory right of
Q: What are the different kinds ofIsgal.aasaments? way?
ANS: The law classifies legaleaments accordingsto;their use or object into: ANS: The owner of the dominant estatepay validly claim a compulsory right of way
1. Public legal eisgMertts or thbse' for p,ublig oibornmunal use. only after he has established the exigte'n of four requisites, to wit_ (1) the (dominant)
2 Private I areaSementkor.4 tbe I erest of private persons or for estate is surrounded by other imt i nd is without adequate outlet to a public
private LI 'whibh-fpetbSe those relatin - highway; (2) after payment of the u mnity; (3) the isolation was not due to the
a. W, OWE 9,,OBE676'37,•644),, \ proprietor's own acts; and (4) the r6h .r.ned is at pint least prejudicial to the
b igffl-ia yy (CIVIL GODE Arts: 649=657,l . servient estate. Additionally. tl burid Vi` frice of the foregoing pre-
c. part i,v I (C(V/1._ CODE,. Arts 658-666), requisites lies on the ow of the orOnant estate (CosObella Corp. v Court of
d. Light fid view (CIVIL CODE Arts. 667-673); Appeals, G.R. No. 805'JfJanuaty 254991).
eiOnOge (CA/TL-CDDE, f 674 676)r s
Note: An easement of 'OW! way does not • permit the owner of dominant estate to
fterrnediate distances (CIVIL CODE. Arts 677-681), make excavations h rvient esta to install water pipes (Prosperity Creatt
st nuisOce (GIVIL_CODE,..Arts 682-68),Iand- Resources, Inc vge'Ourt o ptibals, 114170, Januark 15, V999)
I arfcfstAjacent *Off (CIVIL C..07DE 41s. 684-687)
, Q: What are tbA modes sp, tcquirinp rea roperty• ati qt!of way Act?
Q: What are thb1dgareaserne4 relating tb waters-T. - ANS: The goVernme ' acquire e property • -'nght-of-way site or
ANS: The legalVasements relatin waters -4 .t.11- 6-followVig: location for any rra mentInfra ture project through donation, negotiated
1 Natural drainage (CIVI24, 149t(. 637):. sale, expropriation, any o r mode o cquisition as provided by law (RA. 10752,
Note: .d. 637 'atP,Oslkiieell'\:S.Upe ed by ,)he following provision otherwise known as Th Rig f Way Act,
found in PQ. No. " "iitfcle Q,,Lpw'r st6tes e obliged to receive the
waters will etill erventon of man flow from the Q: What is the rule wi iegard491ands acquired through C.A. No. 141?
higher estates, fi'which they carry with them. ANS: In case of land' ,r.nt- 'through Commonwealth Act No. 141, as amended,
The owner of the low struct works which will impede this otherwise known as The and Act", the implementing agency shall:
natural flow, unless he provides an alternative method of drainage; neither 1. Follow the other modes of acquisition enumerated in R.A. 10752, if the
can the owner of the higher estate make works which will increase this landowner is not the original patent holder and any previous acquisition of
natural flow" Lower estates are only obliged to receive water naturally said land is not through a gratuitous title, or
flowing from higher estates and such should be free from human 2. Follow the provisions under Commonwealth Act No. 141. as amended,
intervention (Sps. Ermino v. Golden Village Homeowners Association, Inc., regarding acquisition of right-of-way on patent lands, if the landowner is the
G.R. No. 190808, August /5, 2018). original patent holder or the acquisition of the land from the original patent
holder is through a gratuitous title.
2. Drainage of building (CIVIL CODE, Art. 674);
3. Easement of a dam (CIVIL CODE, Art. 639 and 647); The implementing agency may utilize donation or similar mode of acquisition if
4 Easement on riparian banks for navigation, floatage, fishing, salvage, and the landowner is a government-owned or government-controlled corporation (R A No
towpath (CIVIL CODE, Art 638); 10752, Sec. 4).
5. Easement of aqueduct (CIVIL CODE, Arts .642-646);
6. Easement for drawing water or for watering animals (CIVIL CODE, Arts Q: How is a right of way extinguished?
640-641), and ANS: If the right of way granted to a surrounded estate ceases to be necessary
Note: In addition to the requisites provided for under Art. 643. the Water because its owner has joined it to another abutting on a public road, the owner of the
Code of the Philippines mandates the acquisition of a water right from the servient estate may demand that the easement be extinguished, returning what he may
National Water Resource Council, have received by way of indemnity. The interest on the indemnity shall be deemed to be
in payment of rent for the use of the easement (CIVIL CODE, Art. 655)
ribe>
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By Title (CIVIL CODE, Art 620).
<4121
Note: But a voluntary easement of right of way may be extinguished only by mutual
agreement or by renunciation of the owner of the dominant estate. The opening of an
adequate outlet to a highway extinguishes only legal/compulsory easements, not Q: What are the rights of the dominant owner?
voluntary easements (La Vista Association, Inc. v. Court of Appeals, G.R. No. 95252, ANS: The dominant owner has the right:
September 05, 1997). 1. To exercise all the rights necessary for the use of the easement (CIVIL
CODE, Art. 625):
2_ To make on the servient estate all the works necessary for the use and
Q: What is "easement of light"?
ANS: An easement of light refers to the right to admit light from the neighboring estate preservation of the servitude, provided that
by virtue of the opening of a window or the making of certain openings. Its purpose is to a. It must be at his own expense:
admit light and little air, but no view (PARAS. Property, supra at 715). b. He must notify the servient owner;
c. At a convenient time and manner; and
Q: What is "easement of view"? d. He must not alter the easement nor render it more burdensome (CIVIL
ANS: An easement of view refers to the right to make openings or windows, to enjoy CODE, Art. 627, par. 1).
the view through the estate of another and the power to prevent all constructions or 3. To renounce the easement if he desires to exempt himself from contribution
work which would obstruct such view or make the same difficult It necessarily includes to necessary expenses (CIVIL CODE, Art. 628, par. 1); and
easement of light (PARAS, Propertn„Aupta 5 4. To ask for mandatory injun.I.,.n to prevent impairment of his use of the
, easement (Resolme V. a 4. . No. L-8654, March 30, 1914).
Q: How shall the period _pre.kgi_pticin fbr.tt on of an easement of light
and view be counted Q: What are the obligations of wner?
ANS: The period o scripti or the acquisitirhp ment of light and view ANS: The obligations of a domin as follows:
shall be counted: 1. Cannot alter the ease ore bu some (CIVIL CODE, Art.
1. From thti e f tt opening of the wind° if 1Sei h a party wall; or 627, par 1);
2 Fro the of Ihe fonfial prohibition u n thè,popri or of the adjoining 2 Notify the sery Owner o ks necessary or use and preservation of
1an1or ter menq if the window, is throug a w 1(5f dominant estate the servitu VIL COD 627, par. 2),
(C/ A:J:40 3 Choose t cony' "ent me and manner aking the necessary
works so the le convenience /o ervient owner (CIVIL
0 t COD );and
Q: What are tile rii4eS for re lar windows?
ANS: The foil MrIQ are the s for regtiilaewindows 4 necessgy, e nses if the an I dominant estates
1. Fo o hey, direct .v,ierrp:kfece -fac,0), least meters distance 62 ar.1)
mu be -6 erved een‘theNvalbh,a kig s's;the and the boundary
• Q: What are the ervien w
line;
2 For Apdows aving,Sirkbr„. kie'views,It least1 O cm between the ANS: The servient ne h the right:
boundât line a tha,nearesiefdge Of thealdow m - t be observed (CIVIL 1 To retainAavers and pass he servient estate,
CODE, 670)/ • L- - 2. To make us easemen n agreement to the contrary
(CIVIL CO Art. 6
-1 a/ 3. To change his e ense, the place or manner of the easement provided it
Q: What are the modes fa,cqui7ig eartiejoteKk
ANS: Easements may be acilleired: •t' • be equally t and no injury is caused thereby to the dominant
1. If continuous and apparelirrtritleOr by prescription; owner (CIVIL C Art. 629. par. 2).
2. If discontinuous and apparent - by title;
3. If continuous and non-apparent - by title; or Q: What are the obligations of a servient owner?
4. If discontinuous and non-apparent — by title (DE LEON, Property, supra at ANS The obligations of a servient owner are:
476). 1 To not impair the use of the easement (CIVIL CODE, Art. 629, par. 1); and
2 To contnbute to the necessary expenses in case he uses the easement.
Q: How does compulsory easement take place? (PD-FAT) unless there is an agreement to the contrary (CIVIL CODE. Art 628. par 2).
ANS: Compulsory easement takes place:
1 By Prescription of ten (10) years (continuous and apparent easements): Q: How are voluntary easements extinguished?
a. Positive servitude - counted from the day their exercise commences; or ANS: A voluntary easement could be extinguished only by mutual agreement or by
b. Negative servitude - counted from the formal prohibition to the servient renunciation of the owner of the dominant estate. The opening of an adequate outlet to
owner to do any act opposed to the servitude {CIVIL CODE. Art. 621). a highway can extinguish only legal or compulsory easements, not voluntary
There must be a notarized document evidencing the prohibition. easements. The fact that an easement by grant may have also qualified as an
2. By Deed of recognition (CIVIL CODE, Art. 623); easement by necessity does not detract from its permanency as a property right, which
3 By Final judgment (CIVIL CODE, Art, 623): survives the termination of the necessity (Unisource Commercial & Dev. Corp v. Chung
4, By Apparent sign established by the owner of two adjoining estates, unless: G.R. No 173252, July 17, 2009).
a. There are contrary stipulations; or
b. The sign is effaced (CIVIL CODE, Art. 624).
 Q: How are easements extinguished? :(MNUT-R2)
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Q: What are the classifications of a nuisance?

<411
ANS: Easements are extinguished: ANS: Nuisance may be classified as follows:
1 By Merger in the same person of the ownership of the dominant and servient 1 Nuisance per se — always a nuisance; and
estates: 2. Nuisance per accidens— a nuisance only because of the location and other
2_ By Non-use for ten years; with respect to discontinuous easement, this period circumstances
shall be computed from eh day on which they ceased to be used; and, with 3 Public (common) — affects a community or neighborhood or any
respect to continuous easements, from the day on which and act contrary to considerable number of persons; or
the same took place; 4. Private — that which is not public (CIVIL CODE, Art, 695).
3. When either or both of the estates fall into such condition that the easement
cannot be Used; but it shall revive if the subsequent condition of the estates Q: What are the distinctions between a nuisance per se and nuisance per
or either of them should again permit its use, unless when the use becomes accidens?
possible. sufficient time for prescription has elapsed, in accordance with the ANS: The distinctions between nuisance per se and nuisance per accident are follows.
provisions of the preceding number, NUISANCE PER SE vs. NUISANCE PER ACCIDENS
4. By the expiration of the Term or the fulfillment of the condition, if the
easement is temporary or conditional, Nuisance per se Nuisance.per accidens
5 By the Renunciation of ths„omer.of 'she dominant estate; or As to proof The thing becomes a nce The thing becomes a nuisance as a
6 By Re-:remotion agreed' upon betwee 1le owners of the dominant and as a matter of law. question of fact
servient estates41VicsCODa, Art.
Note. Easements ar isdiexiin" isned159-tilesfell As to May be summaril A reasonable notice to the person !
1. Expropr kcissof e rvi ate - abatement allegedly aintaining the same as :
2 Permaj tYmpssibiIitTh make use oNh ereA; z v. Pandacan Hiker's
3 Annul rescission, Pr cancellation f the - 1114 at constituted the o. 188213, January 11,
easiment, 2016)
4. Abandonnlent of e_servienteState:___ —
As to injury Injury i e form ce to Injury is thigent until it actually
5 Resolutrdriof the i-ight,of the grantor to crea
6 Rgistr"ati n of the, servient estate as,free;qr caused be i j ed occurs
'"1hè opening of an
7 In ,itbeif"C*e of -the legel easement' of r ghtsof Joy, (ALBANO, Tor5, ffd Darn es 016)48 ereinafter ili_BAVO, Torts and Damages])
adequate Putlet,te, the highway extioguishé ,aasemenl,,..4 tte servient owner
makesilidemand'for uch erdingulabmerit )11RA.?, Preper'ty, supra at 681) Q: Does the in to abatka public or g ate nth
i ANS: No. The action- .tbAbate ' ' ublieI rivate nuisa c'zr,IS NOT extinguished by
. NUISANCE prescription (Clviepppe74. 1143,(Par.

Q: What is a "nuisance"? (HpsiA) Q: What are the remediesjainst publi

ANS A nuisance is an ac: omissipn. estabIththeart. usines,, ondition of p-operty. or
anything else which
1 Hinders or im irs the Use of**
2 Obstructs or inter(P'es,wi,ttlYeLifee P-ass16' of any public highway or street,
or any body of water,
3 Shocks defies or disregards decency or morality:
4 Injures or endangers the health or safety of others: or
5. Annoys or offends the senses (CIVIL CODE, Art, 694)
Q: What is the "Doctrine of Attractive Nuisance"?
ANS: An attractive nuisance is a dangerous instrumentality or appliance which is likely
to attract children at play. The doctrine provides that one who maintains on his estate or
premises an attractive nuisance without exercising due care to prevent children from
playing therewith or resorting thereto, is liable to a child of tender years who is
technically a trespasser in the premises (Jarco Marketing Corp. v. Court of Appeals,
G P No 129792 December 21. 1999; Hidalgo Enterprises Inc., v. Balandan, G.R. No.
L-3422. June 13 1952).
ANS: The remedies agfst publiqs9uisa
1 Prosecutio trider thelf1PC or local ordinance,
2 Civil action; aqa,co, ,r
;
3 Extrajudicial abeteMent (CIVIL CODE, Art. 699).
0: What are the remedies against private nuisance?
ANS: The remedies against private nuisance are as follows.
1. Civil action; and
Extrajudicial abatement (CIVIL CODE, Art. 705).
Q: Who may abate a public nuisance?
ANS: Under Article 700 of the Civil Code, the abatement, including one without judicial
proceedings, of a public nuisance is the responsibility of the district health officer. Under
Article 702 of the Code, the district health officer is also the official who shall determine
whether or not abatement, without judicial proceedings, is the best remedy against a
public nuisance. The two articles do not mention that the chief executive of the local
government, like the Punong Barangay, is authorized as the official who can determine
the propriety of a summary abatement (Cruz V. Pandacan Hiker's Club, Inc., G,R, No.
188213, January 11, 2016). Any private person may abate a public nuisance which is
specially injurious to him (CIVIL CODE, Art. 704).
 CIVIL LAW
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Q: To abate a public nuisance, what must a private person do prior to the

pEpstioll RED BOOK
Q: Who may sue on private nuisance?
4(4111
abatement? (DRAV) ANS: Any person injured by a private nuisance may abate it by removing, or if
ANS: Prior to the abatement of a public nuisance by a private person, it is necessary: necessary, by destroying the thing which constitutes the nuisance, without committing a
1. That Demand be first made upon the owner or possessor of the property to breach of the peace or doing unnecessary injury_ However, it is indispensable that the
abate the nuisance, procedure for extrajudicial abatement of a public nuisance by a private person be
2. That such demand has been Rejected, followed (CIVIL CODE, Art. 706).
3 That the abatement be Approved by the district health officer and executed
with the assistance of the local police; and kriebt,06M04 -
Attli#44040404tik:-
:
4. That the Value of the destruction does not exceed three thousand pesos
(P3,000) (CIVIL CODE. Art 704). 0: What is a "mode"?
ANS: A mode is the actual process of acquisition or transfer of ownership over a thing in
Q: When is there extrajudicial abatement? (INDRAV) question This is the proximate cause of the acquisition (Acap v. Court of Appeals, G.R.
ANS. In order for extrajudicial abatement to apply, the following requisites must be No. 118114, December 7, 1995).
present.
1 Nuisance must be specially Injurious to the person affected (CIVIL CODE. 0: What are the modes of acquiring ownership and other real rights?
Art, 704); ANS: The following are the modes of acq inng ownership and other real rights.
2. No breach of peachiofunnecessaryinjulrimust be committed; 1. Original (01P)
3 Prior Demand .(CIVICCODE; Art 704.7 pat 1), - a. Occupation.
4 Prior demand has beenRejectedik4fIL CODE. Arf 704, par 2), b_ Intellectual creatio
5. Approval by district health officer and assistanai of local police (CIVIL c Prescription
CODE/Art '7.04,par,3), and — "- 2 Derivative (LIDS)
6 Valu truction does not exceed P3 (CIVIL<0 Art. 704, par 4). a. Law,
a In consequence of certai ontracts, trardition!„-
d, • b Donatipq:'
Q: When may a private person file an action on account of,a pub c nuisance? ,I
ANS. A privatf Orscin may fife an TactIón on- acCO-u-nt of mac nuisance, if it is c Testakand intestateIu ssion (CIVIL CODOgiArt 712).
, .
specially injuriougioititmself (CIVIL CODE, Art 703). Note: Onginal Modesypert vto. those in endent of any pre-evsting right of another
person, while Defoitive M s.are those sad on a pre-exiiting,right held by another
Q: When mayIa -Priva,te person.abate a public *Once? person (DE LEON Propegy, supra a(596
ANS: Any priveatelpetson m - arabate a ptiblic nuisart„c,e which-is-1P cially injurious to
him by removirtg -6i r/ iNecessary\Joy destrbying the 'thing wt{ich c stitutes the same, CI: What are the requisites of °carped() ts a mode o 'ownership?
without committiçg a breach of the peace, ,of dding urtnecessafy injury. But it is (SCAWIL)
necessary / ANS: In order fortrottupation be a I.e of acquiring ownership, the following
1. That thedemand.ike first macKLioon the °liner or po essor of the property requisites must be present
to abate the nuisanbel .,.,, 1. There must
2 That such derrandihas bdarf rejectbk ' 2. The thing sied must.; o persona pi-operty,
3 That the abaternent tie apprOyell i ffie.d5tridt health officer and executed 3. The thing niI tbe Sceptible of Appropriation by nature,
with the assistanabf.th locepolice ad 4. The thing must*, ithout an owner;
4 That the value of the des ruc ion does not exceed three thousand pesos 5. There must be an Intention to appropriate; and
(CIVIL CODE, Art 704) 6. Requisites laid down by Law must be complied with (DE LEON, Property,
supra at 585).
Note: This rule, however, applies only to nuisance per se.
DONATION
Q: Who commences the civil action for the maintenance of a public nuisance?
ANS: If a civil action is brought by reason of the maintenance of a public nuisance, Q: What is a "donation"?
such action shall be commenced by the city or municipal mayor (CIVIL CODE, Art. 701), ANS: A donation is an act of liberality whereby a person disposes gratuitously of a
thing or right in favor of another who accepts it. When a person gives to another a thing
Q: Who has the right to damages? or right on account of the latter's ments or of services rendered by him to the donor,
ANS: The abatement of a nuisance does not preclude the right of any person injured to provided they do not constitute a demandable debt, or when the gift imposes upon the
recover damages for its past existence (CIVIL CODE. Art 697). donee a burden which is less than the value of the thing given, there is also a donation
(CIVIL CODE, Arts. 725-726).
Q: What are defenses in actions for damages based on nuisance? Note: A donation is "an act of liberality." It cannot be forced. Thus, the compulsion to
ANS: The defenses in actions for damages based on nuisance are: donate to the local government under P.D. 957, Section 31, as amended by P.D. 1216,
1 Public necessity, and is invalid (Republic v. Sps. Llamas, G.R, No. 194190, January 25, 2017)
2 Estoppel (ALBANO Torts and Damages. supra at 398)
 <41:11
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Q: What are the distinctions between donation inter vivos and donation mortis Q: What are the rules when a donation is made to several persons jointly?
causa? ANS When a donation is made to several persons jointly, the rules are
ANS: The distinctions between inter vivos and donation mortis causa are as follows 1. The donees are entitled to equal portions;
INTER VIVOS vs. MORTIS CAUSA 2 If the donees are not husband and wife, there is no right of accretion among
them, accretion taking place only when expressly provided for by the donor
Infer Vivos Mortis Causa If the donation, however, is made to husband and wife jointly the rule is that
there is a right of accretion among them unless the donor provides for the
As to Takes effect during the Takes effect after the death of contrary (CIVIL CODE. Art 753);
effect lifetime of the donor the donor If the donation is made to the spouses jointly in a regime of conjugal
3
As to Must follow the formalities of Must follow the formalities of partnership of gains, and with designation of determinate shares, their
formalities donations wills or codicils respective shares shall pertain to them as his or her own exclusive property
In the absence of designation, they shall share and share alike, without
As to Cannot be revoked except on Can be revoked any time and prejudice to the right of accretion (FAMILY CODE, Art 113).
revocation grounds provided for by law for any reason while the donor is
still alive Q: What are the formalities observed in donations of immovable and movable
properties?
As to preference Donations, 'liter vivos,, ()nations mortis causa are ANS: The following are the formaliti
in case of preferred te„, donations hi, rtis d ahead of donations 1 Movables:
impairment of °"-- er, "vos, the latter being a. If donation is eous delivery of property donated is
legitime required if the v 00 or less Acceptance may be oral or
written;
As to transfer of disposition is isposition is not b If donation isjfSwr of property donated is
right of pletely transferred t,O the trans to he done while the NOT reqt!rea regardless f value. Accep a may be oral or written,
disposition ne . donor or it
I
done mortis c. If the leatetexceed the donation cceptance must be in
As to time of cceptance, by doriee must , ccepta ce
be done after writi ery of pro ted is not required
acceptance be during lifetime of)dohor l usa
rt. 748).
he-don d
2 lm vables.
(PARAS, Prop4 y,su1bra afx 2i—ell7 . usk 19a pub instru nt spe onated and the
,._... urdens med on regardle
Q: When must ccept:; ce be made? b. i,oceata ust th
ANS: Acceptan must e madeAunragipe lifetime of and of the donee es e m or
(CIVIL CODE, Art. 46) '---; ii n anot public i notified to the donor in authentic
forma in • h Art. 749).
Q: To what extent mi9Nt dondr • ghate-ProeeT/7.
Note: Under the Farr& Cod onation in consideration of marriage of present
ANS: Donation may corniOrehend,ell the'propestspviope f(he donor, provided:
property must comply itli t les of ordinary donation, while donation of future
1 If the donor has'fOrcedZeirsNle,Cdsolog ve or receive by donation more
property must comply with1* ahties of a will (FAMILY CODE, Arts. 83 8, 84)
than what he can give or ittelveltriTrill (CIVIL CODE, Art. 752); and
2 If the donor has no forced heirs' donation may include all present property
Q: What are the qualifications of a donor?
Provided he reserves in full ownership or in usufruct, sufficient means for the
ANS: The donor must have both the capacity to contract and to dispose (CIVIL CODE,
support of himself and all relatives entitled by law to be supported by him
Art 735)
(CIVIL CODE, Art. 750); and
3 Donations cannot comprehend future property (CIVIL CODE, Art. 751).
Q: May guardians and trustees alienate property entrusted to them?
Q: When is a donation perfected? ANS: No As a general rule, guardians and trustees cannot alienate property entrusted
ANS: A donation is perfected from the moment the donor knows of the acceptance by to them except in cases of simple donation, but not where the donation is onerous and
is beneficial to the beneficiary (Araneta v. Perez, G F? No L-18872, July 15, 1966)
the donee The acceptance must be made during the lifetime of the donor and of the
oonee (CIVIL CODE, Art 746)
Q: What is the effect of subsequent incapacity?
Q: When does acceptance in donations inter vivos take effect? ANS: The subsequent incapacity of the donor does not affect the validity of the
ANS: Ir case of donation inter vivos, acceptance takes effect during the lifetime of the donation (CIVIL CODE, Art 740, in relation to Art. 801)
donor and the donee In case of donation mortis causa, acceptance is made only after
the donor's death because they partake of a will and thus governed by the rules on
succession (CIVIL CODE. Ad. 728).
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Q: What are the instances when donations may be made to incapacitated

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Those made to the Relatives of such priest, etc. within the 4th degree, or to
persons? the church to which such priest belongs (CIVIL CODE, Art. 1027, par. 2);
ANS: Donations may be made to incapacitated persons such as: 6. Those made by a Ward to the guardian before the approval of accounts
1 Minors, and others who cannot enter into a contract, but acceptance shall (CIVIL CODE, Art 1027, par. 3);
be done through their parents or legal representatives (CIVIL CODE, Art. 7. Those made to an Attesting witness to the execution of donation, if there is
741): and any, or to the spouse, parents, or children, or anyone claiming under them
2 Conceived and unborn children, acceptance of which may be made by (CIVIL CODE, Art 1027, par. 4);
those persons who would legally represent them if they were already born 8. Those made to a Physician, surgeon, nurse, health officer or druggist who
(CIVIL CODE, Art 742) took care of the donor during his/her last illness (CIVIL CODE, Art 1027
par. 5);
Q: Who are the disqualified donees? (ASPU) 9. Those made by individuals, associations or corporations Not permitted by
ANS: The following are disqualified donees• law to make donations (CIVIL CODE, Art. 1027, par. 6); and
1 Those persons who were found guilty of Adultery or concubinage at the time 10. Those made by spouses to each other During the marriage or to persons of
of the donation, in so far as they donate to each other; whom the other spouse is a Presumptive heir (FAMILY CODE, Art 134).
2 Those persons found guilty of the Same criminal offense, in consideration
thereof: Q: What are the distinctions between r ()cation and reduction of donation?
3 A Public officer or his wife Vesce ascendants, when donation is ANS: The following are the distinct
made by reas,yt'af h(officek_CWIL 739); and
REV' r i i . REDUCTION
4 Donees tT4Q in relation to Arts. 1032
and 1027t excent earl of Art. 1027. Revocation I Reduction

Q: When does ai:lottor'warranty exist? (Ep0B) As to It is TOTAL as it a PARTIAL and applies

ANS: A donorsiwar'tanp9 exists if extent property) re ell ss o ther o the legitime has been
1. Exptessed, the legitir i s been or impaired s, the legitime must
2 Donation is Proper nuptias -ro donations ropte`4n,uptia, , the donor must not. always b erved
releaSe the property front encumbrances, eircept servitude
3 Doihation is Onerous thus if simete;or r unerat4,"t4 4onor is not liable As to its the don For the be efifkof the heirs of the
foriel5'iction or hiddeh defects;:arid.' benefit o e heirs donor, sin fkeir legitimes are
4 Door Firt Bad "faitti4C1VILCOQE; Art. , sup ed t be p served.
(PARRS. Prop y, supratt 60
Q: What are the,rules When a done is nladyespoyisible'for thafpayment of debts
of the donor? CI: What are the gr fo evocation donation? (BIN)
ANS: When the cisnation imposes, upon -th‘-dOrtee ,e'obligati.pn to pay the debts of ANS: The grounds for revocjtjon of dona
the donor the following rulesshali4pply-bnies's e:patrarylrktenti'bn clearly appears: 1 Birth, appealimce- or adoptio V CODE, Art. 760):
1 The donee'is,understoqalcehe-liable, to.Ray Only-the debts which appear to Art. requires proo that the legitime of the new
Note: Rev non u
have been previously contracted; a_kd "
child was irl ii,edi a mg into account the whole estate of the donor at the
2 The liability of the donee is united ohl,2rThe value of the property donated
time of adoptionpehe child (Cruz v. Court of Appeals. G R No. L-58671
(CIVIL CODE, Art 758). November 22, 985),
On the other hand, in the absence of any stipulation regarding the payment of 2. Ingratitude of the donee (CIVIL CODE, Art. 765), and
the debts of the donor the donee shall be responsible therefor only when the donation
has been made in fraud of creditors The donation is always presumed to be in fraud of Note: Conviction of the donee is not required (Noc,eda v Court of Appeals,
creditors, when at the time thereof the donor did not reserve sufficient property to pay G.R. No. 119730, September 02, 1999).
his debts pnor to the donation (CIVIL CODE, Art 759). 3 Non-fulfillment of a resolutory condition (CIVIL CODE, Art_ 764).
Note: If there are several conditions, the failure to perform one is sufficient
0: What are the instances of void donations? (ACPP-ReWAP-Not-DP)
cause for revocation (Camarines Sur Teachers and Employees Association,
ANS: Instances of void donations are:
Inc. v. Province of Carnarines Sur, G R. No. 199666, October 07, 2019).
1 Those made by persons guilty of Adultery or concubinage at the time of
donation (CIVIL CODE, Art. 739, par 1);
Q: What are the instances when donations may be revoked or reduced in case of
2 Those made between persons found guilty of the same Criminal offense in
birth, appearance, or adoption of a child? (LAD)
consideration thereof (CIVIL CODE, Art_ 739, par. 2);
ANS: Every donation inter vivos, made by a person having no children or descendants,
3 Those made to a Public officer or his/her spouse, descendants or
legitimate or legitimated by subsequent marriage, or illegitimate, may be revoked or
ascendants in consideration of his/her office (CIVIL CODE, Art. 739, par_ 3);
4 reduced by happening of any of these events:
Those made to the Priest who heard the confession of the donor during the
1. If tie donor, after the donation, should have Legitimate or legitimated or
latter's last illness, or the minister of the gospel who extended spiritual aid to illegitimate children, even though they be posthumous (CIVIL CODE, Art
him during the same period (CIVIL CODE, Art. 1027. par. 1);
760, par. 1);
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If the donor should subsequently Adopt a minor (CIVIL CODE, Art. 760, par.
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The donee shall return not only the property but also the fruits thereof which
3); and he may have received after having failed to fulfill the conditions imposed in
3. If the child of the donor, whom the latter believed to be Dead when he made the donation, if the revocation is based upon non-compliance therewith
the donation, should turn out to be living (CIVIL CODE, Art. 760, par. 2). (CIVIL CODE, Art 768); and
3. Upon revocation or reduction by the birth, appearance, or adoption of a
0: Does the revocation of a donation due to birth, appearance or adoption of a child, the property affected shall be returned or its value if the donee has
child apply to all donations? sold the same If the property is mortgaged, the donor may redeem the
ANS: No It only applies to all donations inter vivos. It does not apply to donation mortis mortgage (CIVIL CODE, Art. 762).
cause, onerous donations, and donations propter nuptias (DE LEON, Properly, supra at
676) 0: How may the action granted to the donor by reason of ingratitude be
renounced in advance?
Q: What happens if the donor already had a child at the time he made the ANS: The action granted to the donor by reason of ingratitude CANNOT be renounced
donation? in advance (CIVIL CODE, Art. 769). The right of action by reason of ingratitude is not
ANS; if the donor had at least one (1) child already at the time he made the donation, transmitted to the heirs of the donor nor can the action be filed against the heirs of the
the following rules shall apply donee (CIVIL CODE, Art 770).
1 No person may give or recetv.a..b.}kway of donation, more than he may give
or receive by will. T.h donation shq sepfficious in all that it may exceed Q: When does the action for revoca rescribe?
this limitationOVIL goDE, 'ArL 75 ANS: The prescnptive period for l of revocation is as follows
2. Donabonsithich arerinaffic. e estimated net value of
the donoApropertpatle time of his eat, reduced with regard to Grounds for Prescriptive period and transferability to file an action
the exoessNbut tfils„reduttibirs'llathnot ?e revocation
°nations from taking
effect, daring, (he life of the donor. n r the donee from The action forievo under ; shall prescribe after 4
Birth,
appropri'gfing'the fruits (CIVIL CODE, Art appearance. years fr9m:- it
or adoption 1 The4rthrof the firs
Q: When may a itettafion be raVeke-cf byreason of i ratit 2. His leg' recog on or adoption!
of a child
ANS: The donation may be revoked when the donee mmits wing acts- 3 Thelticl • eclaratio filiation. or
1 If the donee should commit some r gainst ron, the honor or 4ptthe time i'mati,pn received regar ing 'ttle existence of the
propeity,of the clprior,. or. of his _Wife. or c cfren; unIer his parental authority
(CIVII_ ed9E, -Ar1..70, par. ,1");: .
'eyed dead rc CODE, 76
t i ) •- , e"Arightio ctio tra itted to cendants of the
Notel4\0
: All crimes riot
, , ogyl =liesg. ',a. rty, which offend donor u f Cf ,0144 CODE, Art.
the nor s'how ingratitbda and tion. Thus, even
falsification of Ike doribi4e si ri Warlact ngrati de under Art 765(1) Non- TheTa cbon revocabo under-
this ground shall prescribe after 4
(Sps Ebuarte v equ11-of:[Apeealg,G43.-N ebruary 09, 1996). fulfillment of years f on-compl condition.
2. He imputeNo,theXionee-enycaminel any act involving moral resolutory The ri t,56f acti e heirs of the donor, and
turpitude, eveNthoeghihe shujd arai,v‘rt,. s the crime or the act has condition may bertercis gainst the donee's heirs (CIVIL CODE, Art. 764).
been committed agaLrist theido e i e4f his wife or children under his Note: P ' on cannot set in if the period to comply with the
authority (CIVIL CODE ti-'7'6&"par and condition ca be determined with certainty, such as when the deed
3 He unduly refuses him support when the donee is legally or morally bound of donation does not state any period as to when the condition must be
to give support to the donor (CIVIL CODE, Art. 765, par. 3), complied with. In the latter case, since a period was intended by the
parties, Art. 1197 applies. But if the donee has no more intention to
Q: What is the effect of illegal or impossible conditions attached to a donation? comply with the condition, there is no more need to fix a period for
ANS: They shall be considered as not imposed (CIVIL CODE, Art. 727). compliance (Clemente v. Republic, G.R. No. 220008, February 20,
Note: A condition not to alienate the donated property for 100 years is contrary to 2019). Art, 764 does not apply when the donation contains an
public policy and is an illegal or impossible condition under Art. 727 (Roman Catholic automatic revocation clause (Province of Camarines Sur v Bodega
Archbishop of Manila v. Court of Appeals, G.R. No. 77425, June 19, 1991). Glassware, G.R. No. 194199, March 22, 2017).

0: What are the effects of the revocation of a donation?
ANS; The effects the revocation of donation are as follows:
1 The donee shall not return the fruits except from the filing of the complaint,
when the donation is revoked under the following grounds:
a. For any of the causes stated in Article 760;
b By reason of ingratitude; and
c When it is reduced because it is inofficious.
Ingratitude This action prescribes within one (1) year, to be counted from the time
of the donee the donor had knowledge of the fact and it was possible for him to
bring the action (CARL CODE, Art. 769),
This action shall not be transmitted to the heirs of the donor. if the
latter did not institute the same, although he could have done so and
even if he should die before the expiration of one year (CIVIL CODE,
Arts. 763-769)
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Q: What are the grounds for the reduction of donations? (BWSDF)
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Maliciousness Insufficient In fraud of

ANS: The following are the grounds for reduction of donations. property creditors
1 Birth,, adoption, reappearance (CIVIL CODE, Art. 760),
2. inofficiousness for what a donor can give by Will (CIVIL CODE, Art. 771);
3 If insufficient property is left for Support of donor and his relatives (CIVIL (CIVIL CODE, donor's death provide to the rights of
CODE, Art. 750): Art. 750) (CIVIL CODE, support innocent third
Inofficiousness when a person gives or receives by way of Donation, more Art. 771). (CIVIL , persons (CIVIL
than he may give or received by will (CIVIL CODE, Art. 752); and CODE, Art. CODE, Art.
5 If made in Fraud of creditors (CIVIL CODE, Art, 1387; PARAS, Property, 750). 1387).
supra at 908).
The donee. as The donee is The donee is The fruits of the
0: What are the rules observed in reduction of donations? owner. entitled to the entitled to property shall
ANS: The following are the rules observed in reduction of donation: appropriates the fruits as the the fruits as also be returned
I fruits of the owner of the the owner of (CIVIL CODE,
Birth, lnofficiousness Insufficient in fraud of property not property donated the property Art. 1387). In
1
reappearance, property creditors affected by the (CIVI CODE, donated case the donee
I adoption reduction (CIVIL 14 (CIVIL acted in bad faith
.- CODE, Art. 441) CODE, Art, and it should be
As to The action-Ina eactio u heN• action The action for but with rega
„e -. 1 _ 441). impossible for
prescription be ,.brought be rescission must to the excess him to return the
a i *the 5 rou at be brought within he shall be property affected
°nor Cif,hy Ale years after t a four (4) years liable only Jwr due to any
relatives entitled death ' of). the e o from the
the its cause, he shall
to - support donor (CIVIL iy ‘I. , e perfection of the accr from indemnify the
du-ring the CODE,LArts,774 - lativesJ onahon, or the the ild f the donor's creditor
tifetime of the and 1149). The entitled'14 I test, from the intfan
COM for damages
donor (CIVIL dona-tk:tn takes bupport IF.....J me the creditor
suffered by the
1'06E, '-Irt. effect. cfUring the fdunng the ad knowledge Art 76Jjj3ar. 1) latter (CIVIL
750), ' -lifetime -7-of--th Stime pf the donation
DE, Art.
, donor 'subject 0 ' 6 ,hOno CIVIL CODE, 388, par. 1).
ediictiOn- pjj.CIVIL Art 1389).
n ihi th CO , Ayl
th. 7 .
e N leXcess,j ,„/ ' IV. PRESCRIPTION
IE LODE,L,„,
, Art. 771). .. ,..,2., `1,2$
.. „ A. ...:ZYPE ,OFRRE$CRIPT,f()
As to The action is'--,zhp„01,,Qn--is The action is The action is Q: What is "prescription"
transferability not transmitted to not transmitted to ANS: Prescription is a means where one acquires ownership and other real rights, and
of action transmissible as the donor's transmissible the creditor's loses rights and actions, through the lapse of time in the manner and under the
the duty to give heirs. as the duty heirs or conditions laid down by law (CIVIL CODE, Art. 1106)
support and the •to give successors - in-
right to receive support and interest (CIVIL Q- What are the requisites for prescription? (CTPT)
is personal in the right to CODE, Art, ANS: In order for prescription to take effect, the following requisites must be present:
nature (FAMILY receive are 1178)_ Capacity to acquire by prescription;
CODE. Art, personal in 2. The thing must be capable of acquisition by prescription;
195) nature 3. Possession of thing under certain conditions; and
(FAMILY 4. Lapse of Time provided by law (CIVIL CODE, Arts. 1118-1125).
CODE, Art
195) ACQUISITIVE PRESCRIPTION
As to effect The donation is The donation The Property affected 0: What is "acquisitive prescription"?
of reduction reduced to the shall be reduced donation is shall be returned ANS: Acquisitive prescription is where one acquires ownership and other real rights
extent as regards the reduced to by the done for through the lapse of time in the manner and under the conditions laid down by law
necessary to excess at the the extent the benefit of the (CIVIL CODE. Art. 1106).
provide support time of the necessary to creditor subject
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Q: What are the characteristics of acquisitive prescription? Q: What are the periods of extraordinary acquisitive prescription for movables
ANS: The characteristics of acquisitive prescription are as follows: and immovables?
1. It is a derivative mode (DE LEON, Property, supra at.580); ANS: The ownership of personal property also prescnbes through uninterrupted
2. It vests ownership or other real rights in the occupant; possession for eight (8) years, without need of any other condition. Ownership and other
3. Possession is its fundamental basis, which must be: real rights over immovables also prescribe through uninterrupted adverse possession
a. In the concept of owner; thereof for thirty (30) years, without need of title or of good faith (CIVIL CODE, 1137).
b. Public;
c. Peaceful; and EXTINCTIVE PRESCRIPTION
d. Uninterrupted (CIVIL CODE, Art. 1118). Q: When is there "extinctive prescription"?
4. It is based on: ANS: Extinctive prescription occurs when rights and actions are lost through the lapse
a Economic necessity (otherwise property rights would remain unstable); of time in the manner and under the conditions laid down by law (CIVIL CODE, Art.
b. Presumed abandonment or waiver: and 1106, par, 2 and Art 1139).
c. Public policy.
5 It is of purely statutory origin (Tagarao v Garcia, G.R. No. 40064, December Q: What are the characteristics of extinctive prescription?
4, /934); ANS: The characteristics of extinctive prescription are as follows:
6. Its relationship between t t and the land in terms of possession is 1. One does not look to the
it is the possessor who is the the possessor but to the neglect of the
capable of produ owner,
actor: 2. Requires inaction of r neglect of one with a right to bnng his
7 It is applic 1a4o owners action;
8 It resultsithithe'acguir l ion of owners I rights in a person as
3. Applies to all kinds of rig real or pers nal;
well as.,the'liiss .ors ownisrhs.-Trirr, er; and
4. Produces the extinctiper on;
9 it car/Wargo/en /under the general iss being affirmatively
5 Results in the lo a rea rs the cause of action to
' LE(YN, Property, supra at 72 enforce said: ; and
6. Should be aftlr ively pl and proved to e action or claim of the
Q: What is "oildit,latyfPrescriptiori"?'' adverse pa 'w Reviewer, s
session of things 691 — 692)
ANS: Ordinaniprescrption is a kind of •prescriptioll w
in good faith aaci h lust title for the time fixed by law 1117).
Q: What are thsrequisitea un er e prescript' n? A
ANS: In orde, t t extinctam prescription y take eff th folio in requisites must
Q: What are ttle pe9ods o dinary aEqursitive Rreicri r movables and
be present:
immovables? , . - '-
1. n,
ANS: The periods of Ordinary acqtusitive pre and immovables
2 The th t
Capatiare ( . capa uisition by prescription,
are as follows: 3. Posses n of thi under ce conditions; and
1 The ovkership ovableS`r upted possession for
4. Lapse of ‘11` e govided by v. Espinocilla, G R No. 184109
four (4) ars in 9 od„kittq-Citt February 1,41'2).
2. Ownership''a r)rebtiliglIta-ottin property are acquired by
ordinary presc oilitt(rough:l. *ion (10) years (CIVIL CODE,
Q: What are the differerkes een acquisitive and extinctive prescription?
Art, 1134). ANS: The differences be uisitive and extinctive prescription are:
Q: What consists of good faith in an ordinary prescription? ACQUISITIVE PRESCRIPTION vs. EXTINCTIVE PRESCRIPTION
ANS: The good faith of the possessor consists in the reasonable belief that the person Acquisitive Prescription Extinctive Prescription
from whom he received the thing was the owner thereof, and could transmit his
ownership (CIVIL CODE, Art 1127). As to the Relationship between the occupant One does not look to the act of
Operative and the land in terms of the possessor but at the neglect
Q: What is "just title" in the context of prescription? Act possession is capable of producing of the owner
ANS: Just title in the context of prescription is when the adverse claimant came into legal consequences it is the
possession of the property through one of the modes recognized by law for the possessor who is the actor.
acquisition of ownership or other real rights, but the grantor was not the owner or could
not transmit any right. The title for prescription must be true and valid (CIVIL CODE, As to Requires possession by a claimant Requires inaction of the owner or
Arts. 1129-1130). Requisites who is not the owner neglect of one with a right to
bring his action
Q: What is "extraordinary prescription"? As to Applicable to ownership and other Applies to all kinds of rights,
ANS: Acquisitive prescnption is extraordinary in character when possession is without Applicability real rights whether real or personal
good faith and just title (Heirs of Arzadon-Crisologo v. Ration, G.R. No. 171068,
September 5, 2007) As to Legal Vest ownership or other real rights Produces the extinction of rights
Effect in the occupant. or bars a right of action.
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Persons living abroad, who do not have managers or administrators (CIVIL
Acquisitive Prescription Extinctive Prescription CODE, Art 1108);
4. State and its subdivisions (only with regard to properties of public dominion)
Results in the acquisition of Results in the loss of a real or (CIVIL CODE, Art. 1108),
ownership or other real rights in a personal right or bars the cause 5, Between husband and wife during the maFnage even though there be a
person as- well as the loss of said of action to enforces said right. separation of property agreed upon in the marriage settlements or by judicial
ownership or real rights in another. decree (CIVIL CODE. Art, 1109);
6. Between parents and children during the minority or insanity of the latter
As a Can be proven under the general Should be affirmatively pleaded
(CIVIL CODE, Art. 1109),
Defense issue without its being affirmatively and proved to bar the action or
claim of the adverse party 7. Between guardian and ward during the continuance of the guardianship
pleaded
(CIVIL CODE, Art. 1109). and
(DE LEON, Property. supra at 724) 8. In favor of a co-owner or co-heir against his co-owners or co-heirs as long
as the co-ownership is recognized (CIVIL CODE, Art 494, par.5).
Et WHEN PRESCRIPTIONIS INAPPLICABLE
Q: Which characteristics of possession must be present for possession to
Q: What are the instances where prescription is unavailable? become the basis of prescription?
ANS: Acquisitive prescnption is no avait8le.4flt f011owIng instances: ANS: For possession to be the ba prescription, possession has to be in the
1. Movables possessed thro4th Ta rime a never be acquired through concept of an owner, pubic, peace interrupted (CIVIL CODE, Art. 1118)'
prescnption by the, offerkder jC011...1 ANJ33,l, 1. Concept of Owner - operty was in the adverse, continuous and
2 Registered Lands 4- No,,titlertd tstecQd laiidIn dçogation Of the title of the notorious possession the concept of owner for more than half a
registered owner shall be aca..,i,iztl_b_y Nirt, adverse possession. century, the claim over' s alrea rescribed;
(P.D. NO. 129, Sec..-47)and 2. Public - When the a bn d in such a manner as to
3 Propefty:ptpyblic Oominion- Property of of its subdivisions be manifest or ,Jtble to specially rson against whom the
not Patrimdfnal in' character iliall-Abt be tue oéct f1rescription (CIVIL possessior bing adver sserted;
CODE. Art 1113). 3 Peaceful -1tjiJ ..cquimed aintained with violence, physical or
Note: Possessiorrof public dominion property before onial cannot be moral, an fr

the object of prescription according to Artick: 11J3 of tl ,4ri Code (Heirs of 4. Uninte en the essor has to manifest with
Malabanan v RerAlic G.R. No 119987; Apiii is intentioc exercise the thing, which
t he‘„has ne in fac the right (DE
Extinctive prescription 's not aval ableTn7hT, owin
up 43 )-
1 ActiVrao d iiand' a.r t of wa' tti
2 To abate a AuisanCe•, L Q: What rights ar scription?
3 Action to quiet, title if *t tti Js fon ftate o Deceased Spouses ANS: The followin 'ghts ar rescription:
Franciatv Tan, G.R NoS. 1. To demand 9o1the Civil Code;
4 Void contracts 2. To bring an uisance (CIVIL CODE, Art
Pri:-...,brrIc;44/443,01:1^`'.:0
5 Action to decoarldIOrtib 1143).
• '1
1
bon\Ath
-
t to lands registered in the
Q: What is the rule on pre Q: What is the prescn Hod of an action to quiet title if plaintiff is in
Property Registration Decree (P.D. . 529). possession of the property?
ANS: The doctrine of prescription or lathes is inapplicable to registered lands covered ANS: If the plaintiff, as the real owner of the property also remains in possession of the
by the Torrens System. Laches cannot apply to registered land covered by a Torrens property, the prescriptive period to recover title and possession of the property does not
Title because under the Property Registration Decree, no title to registered land in run against him. In such a case, an action for reconveyance, would be in the nature of a
derogation to that of the registered owner shall be acquired by prescription or adverse suit for quieting of title, an action that is imprescriptible (Estate of Deceased Spouses
possession (Department of Education, Culture and Sports v. Heirs of Banguilan, G.R. Francia v. Tan, G.R. No 225687. November 21, 2018).
No. 230399, June 20 2018)
0: When does an action to annul a void contract prescribe?
Note: Possession over the property by anyone other than the registered owner gives
ANS: While it is true that, technically, the action to annul a void or inexistent contract
rise to the presumption that said possession is only by mere tolerance (Department of
does not prescribe it may nonetheless be barred by lathes. The defense of laches
Education Culture and Sports v Heirs of Bangurlan, G.R.Na 230399, June 20, 2018) applies independently of prescription (Nielson & Co. v. Lepanto Consolidated Mining
Co., L-21601, December 17. 1966)
Q: Prescription does not run against whom?
ANS: Prescription does not run against. 0: When does an action for partition prescribe?
Minors and other incapacitated persons who do not have parents, ANS: As long as the co-ownership is recognized, an action to compel partition will not
guardians, or other legal representatives (CIVIL CODE, Art 1108); prescribe and may be filed at any time against the actual possessor by any of the other
2. Absentees who do not have administrators, either appointed by them before co-owners. If a co-owner or co-heir, however, holds the property in exclusive adverse
their appearance or appointed by the courts (CIVIL CODE, Art. 1108); possession as owner, asserting sole and exclusive dominion for the required period. he
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can acquire sole title to it as against the co-heirs or co-owners (Pangan v. CA, G.R. No.
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Q: What is the period for prescription of immovables?

L-39299, October 18. 1988) ANS: Ownership and other real rights over immovable property are acquired by
ordinary prescription through possession of ten (10) years. Ownership and other real
Q: What is "laches"? rights over immovables also prescribe through uninterrupted adverse possession
ANS: Laches is the failure or neglect for an unreasonable and unexplained length of thereof for thirty (30) years, without need of title or of good faith (CIVIL CODE. Ads.
time, to do that which, by exercising due diligence, one could or should have done 1134 and 1137).
earlier (Triam v Sibonghanoy, G.R. No. L-21450, April 15, 1968). Laches is not
concerned only with the mere lapse of time (Oropeza v Allred Banking Corp., G.R. No. Q: What are the rules on the computation of period?
222078, April 1, 2019). ANS: In the computation of time necessary for prescription, the following rules shall be
observed
Q: What are the distinctions between prescription and laches? 1. The present possessor may complete the period necessary for prescription
ANS: The distinctions between prescription and laches are as follows. by tacking his possession to that of his grantor or predecessor in interest,
2. It is presumed that the present possessor who was also the possessor at a
PRESCRIPTION vs. LACHES
previous time, has continued to be in possession during the intervening
Prescription Laches time, unless there is proof to the contrary; and
3. The first day shall be exclud nd the last day included (CIVIL CODE, Art,
As to what is cemed with the effect of delay 1138).
considered
inequity of permitting a Q: What are the prescriptive pc lt•1.7!7- the Civil Code?
As to ANS: The prescriptive periods un _ • el Code are as follows:
question forced (this inequity
raised some subsequent
tion or relation of
Actions Movable Immovable
„
Action to recover (CI çj. , E, Art. 141) 8 = k om the 30 years
As to source Not s tuto
=t, ti - t :-.. ; sion
Appr in eq ity--
-ts
Foreclosure , /VIL ODE, 1142) 0 e. rs
— . _ ... _ , ....-.
Ifically pleaded;
Cianript be availed of unless it. , egalT-not e sr All other actio who z,,, ,,,, . s ot d in the ' ' ' rs from the time
is esikcially,' pleaded as aw ma consiter it in its own
Code (CIVIL CO - the right of action accrues
iative preve inequity.
. ' ' . '..1

Wfirmatke allegatibn
t.
1. Upon a written cOntkact; 10 years from the time the nght
As to basis 8 ,ed on tIked hrne, xed time.
2. Upon an obligation d.a by . • L ion accrues
..
(DE LEON, Property. Supra 7.2872• a, Jr, G.R. No. 229775, 3. Upon a judgment ( /L C • 3.1!- .
,
March 11.2019) ;. ".
1. Upon an oral contra : ,,,i 6 years
2. Upon a quasi contract C-0 L CODE, Art. 1145)
Q: What is the rule with regard to the prescription of property of public dominion?
ANS: All things which are within the commerce of men are susceptible of prescription, 1 Upon an injury to the rights of plaintiff (CIVIL 4 years
unless otherwise provided. Property of the State or any of its subdivisions not CODE, Art. 1146),
patrimonial in character shall not be the object of prescription (CIVIL CODE, Art /113). 2. Upon quasi-delict (CIVIL CODE, Art. 1146).
Thus, property of public dominion (CIVIL CODE Arts. 420, 424) and common things 3. Revoke or reduce donation based on the birth
cannot be acquired by prescnption for they are outside the commerce of men (DE appearance or adoption of a child (CIVIL CODE,
LEON, Property, supra at 716) Art 763),
!•E' 4. Revoke donation based on non-compliance with
,00Ego010.*16:100:1ANYAtioAth
C.:71 ,70tir* a condition (CIVIL CODE, Art 764);
5 Rescission (CIVIL CODE, Art 1389, Par. 1); and
Q: What is the period for prescription of movables?
6. Annul a contract (CIVIL CODE, Art. 1391, par 1)
ANS: The ownership of movables prescribes through uninterrupted possession for four
(4) years in good faith The ownership of personal property also prescribes through 1. Forcible entry and detainer (CIVIL CODE, Art. 1 year
uninterrupted possession for eight (8) years. without need of any other condition With 1147),
regard to the right of the owner to recover personal property lost or of which he has 2. Defamation (CIVIL CODE, Art. 1147); ,
been illegally deprived, as well as with respect to movables acquired in a public sale, 3. Recover possession de facto (CIVL CODE, Art.
fair, or market, or from a merchant's store the provisions of Articles 559 and 1505 of this 1147);
Code shall be observed (CIVIL CODE Art. 1132).
El>
4. Revoke a donation on the ground of ingratitude
CIVIL LAW I
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Q: What is the effect of interruption on the prescription of actions?

<cm
ANS: The effect of interruption on the prescription of actions is that the penod of
(CIVIL CODE, Art_ 769), prescription begins to run anew, and whatever time of limitation might have already
5. Rescind or recover damages if immovables is elapsed from the accrual of the cause of action is thereby negated and rendered
sold with non-apparent burden or servitude inefficacious. It does not mean that the prescription will not run anymore (Philippine
(CIVIL CODE, Art. 1560); and National Railways v. National Labor Relations Commission, G.R. No, 81231. September
6 Enforce warranty of solvency in assignment of /9, 1989).
credits (CIVIL CODE. Art 1629).

Q: What is the period of prescription for other actions? V. SUCCESSION

ANS: All other actions whose periods are not fixed in this Code or in other laws must
be brought within five (5) years from the time the right of action accrues (CIVIL CODE,
Art. 1149) The time for prescription for all kinds of actions, when there is no special
Atadt. .0410N0104%$%.
provision which ordains otherwise, shall be counted from the day they may be brought Q: What is "succession"?
(CIVIL CODE, Art 1150) The right of action or cause of action accrues from the ANS: Succession is a mode of acquisition by virtue of which the property, nghts, and
moment of commission or omission of b a party in violation of his duty to, or of obligations to the extent of the value of he inheritance of a person are transmitted
the right, of another Its essential-elements are,1 through his death to another or other er by his will or by operation of law (CIVIL
1. Right in favor of a* person CODE, Art. 774).
2 A correlative 'obrigaticiribn ftinother (obligor), and
3. An act or omission irwrOiation of sai Agit (-Teves KPeople's Homesite and Q: What are the kinds of successoio
Housing Corp , G:f?. No*-6214987-June 27:%1„968), , ANS: Succession may be testamen testate, mixed (CIVIL CODE, An.
778)
Q: What is the period of prescription of obfigati:A to pay'prinOpal with interest
or annuity? Q: Who is a "decedenplr
A°.
ANS' The time for the prescription -of--actions -wiiich h‘avel fOr\ their object the ANS: "Decedent' is V
:general jam ppited to the .. ; whose property is
enforcement of obligations to pay principal with interest or agndiq rims from the last transmitted through su,cestten ...Whether left a will, he is also
payment of the annuity or of the interest (CIVIL CODE, ?In 1151)_„„', called the testator 4,,,COIL GQ0.4,Art. 775)
":
D. 4NTERRUPTION --
0: What doe
ANS: lnher,t
tritaiie
e in d
clude?
l the
-
Q: How may the period of poSse.ssl„ari be InterrOteu? it
rson which are
not extinguished *fit. hi Thtis ath are not included
ANS: Strictly speaking, there are three:A ways-by-Which 9% period of possession may (CIVIL CODE, Art.
be interrupted. They are the,followirig.-
1, Naturally,: when'throligkaky2040;the sessioff shall cease for more 0: Give examples of r death and form part of the
than one (4) year (NL,CODE:- -/121 f the natural interruption estate.
is for oniy ()rib (1) yearjor le e,tirn shall be counted in favor of ANS: The following rig xtinguished by death and are part of the estate
the prescription (crwutoo •112 1_ Patrimonial ry) rights, unless excluded by law or by will (JURADO.
2 Civilly - When there iSludicrat.41.1Mmon o the possessor (CIVIL CODE, Art. Succession (2ai , 8 (hereinafter JURADO, Succession]).
1123). However, judicial summons shall be deemed not to have been issued 2 Contractual rights, with respect to the rights of the creditor and obligations of
and shall not give rise to interruption, the debtor, except in case where the rights and obligations arising from the
a If it should be void for lack of legal solemnities: contract are not transmissible by their nature, or by stipulation or by
b If the plaintiff should desist from the complaint or should allow the provision of law (CIVIL CODE Art. 1311).
proceedings to lapse; and 3. Right to compel the execution of a document necessary for convenience in
c. If the possessor should be absolved from the complaint; should be a valid and enforceable contract (Heirs of Biona v. Court of Appeals, G R.
counted for the prescription (CIVIL CODE, Art. 1124). No. 106647, July 31, 2001).
3. Express or tacit recognition by the possessor of the owner's right (CIVIL
CODE, Art. 1125- JURADO, Civil Law Reviewer, supra at 696-697). Q: Give examples of rights that are extinguished by death.
ANS: The following rights and obligations are extinguished by death because they are
Q: When is there an interruption of prescription of actions? purely personal in character or they are made so by operation of law.
ANS: The prescription of an action is interrupted in any of the three cases. Rights and obligations between husband and wife;
1. Filling of an action in court; 2. Property relations between husband and wife;
2. When there is a written extrajudicial demand by the creditors: 3 Action for legal separation:
3 When there is any written acknowledgment of the debt by the debtor 4 Action to compel acknowledgment of a natural child,
The prescription of actions is interrupted when they are filed before the court, 5. Action to obtain judicial declaration of illegitimate filiation of an illegitimate
when there is a written extrajudicial demand by the creditors, and when there is any child who is not natural,
written acknowledgement of the debt by the debtor (CIVIL CODE, Art 1155) 6. Parental authority or patria potestas,
 CIVIL LAW I
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Volume I { Series of 2020/21

7, Rights of a guardian, Q: Under the circumstances of extraordinary absence, when is the death
8. Right to receive and the obligation to give support, presumed to have occurred?
9. Right to hold a public office as well as the right to exercise a profession or ANS: The person is presumed to have died at the time of the disappearance, i.e , at
vocation; the time the calamity took place, and not at the end of four (4) years (JURADO,
10. Right of usufruct. Succession, supra at 12).
11. Right of personal easement;
12. Rights and obligations arising from a contract of partnership or agency, and Q: What is the effect of the absentee's return or reappearance on his property?
13, Criminal responsibility (JURADO, Succession, supra at 19) ANS: The absentee shall recover his property in the condition in which it may be found,
and the price of any property that may have been alienated or the property acquired
Q: When are the rights to the succession transmitted? therewith: but he cannot claim either fruits or rents (CIVIL CODE, Art 392). If the heir
ANS: The rights to the succession are transmitted from the moment of the death of the had already spent the money there is no obligation to reimburse, in as much as the
decedent (CIVIL CODE, Art. 777). As such, before the death of the decedent, the consumption had been made in good faith (PARAS, Wills and Succession, supra at 18-
persons entitled to succeed from him, whether by will or intestacy, only have an 19).
inchoate right to the rights of succession (Garcia v. David, G.R. No. L-45454, April 12,
1939) Q: Who are the successors (Transferees or Causa habientes) of the decedent?
ANS: The following are the successors:
Q: Why is tradition or delive„ acquire ownership over the 1. Hers or persons who are to the succession either by the provision of
estate? a will or by operatio IVIL CODE, Art. 782). An heir may be
ANS: Tradition or deli:ifey. ik not ssion is an independent classified as:
mode of acquisition of own4rship"&er the estate ht to the inheritance is a Compulsory or F persons who succeed by force of law to
transmitted from the n'iarneXoLdeattrart ODE, Art. 777). The some portion of t:Pi an a t predetermined by law
effects of the acAtanceity (fie heirs of: theiHnher estate shall always known as legitica (
retroact to the mamehti the death cif the decedent (C . 1042). b. Voluntary dig or perso who succetr virtue of the will of the
testatoraiithe wh ot part of the d able free portion of the
Q: When are rfghts.151 the stkeeision fransmiftedll heredi ty tatep Succession, s t 185); or
ANS: The rig teto•the succeission etrci.nsrnitté ron2 the m the death of the C. Intest4te o,t logàl Heir ons who isu by operation of law
decedent (C/ _ . Oh lege state s ssion takeska L CODE, Art. 782).
rs.
- fl hey are, classified (i ose who erit own right, and (ii)
0: What are the in:!:fetefrnining the dine eydeath of presumptive Iose en right eprese
death?
ANS: Generally the e wtien.:Ih
,
Niz abse
7
died ust be proved in
2 Devisees or peg, ns t
will (04,44 cpc,
Art.'7
of rea rven by virtue of a

accordance with e ordi rY r‘oW§..9 n, supra at 11). 3. Legateers7bra'6e as to ho of personal property are given by virtue
The following are the excerbis tp,ttiiipme of a will CIVIL C E, Art. 78
1. Ordinary"bsence;.-' +7`-I -the- dealh— bepçpvp by ordinary rules of
evidence, tti. *htl:sen ee s—pres died at the time of the Q: Distinguish an heirlyom a rp_V:isliArl on-
expiration of at desigkat9 ANS: The following a e di ttions:
a. 10 years—if he eared bt-t agof 75 or below. DISTINCTIONSBtWEEN HEIRS AND DEVISES/LEGATEES
b. 5 years—if he disapp er the age of 75 (CIVIL CODE, Art. 390
par. 2). Heirs DeviseestLegatee' s
2. Extraordinary Absence—The following shall be presumed dead for all
As to Person called to the suer.pssion Persons to whom gifts of real and
purposes, including the division of the estate among the heirs:
Definition either by the provision of a will personal property are respectively
a. A person on board a vessel lost during a sea voyage, or an aeroplane
which is missing, who has not been heard of for 4 years since the loss or by operation of law (CIVIL given by virtue of a will (CIVIL
CODE, Att. 782). CODE, Art. 782).
of the vessel or aeroplane;
b. A person in the armed forces who has taken part in war, and has been In Case of The effect is to annul entirely Devises and legacies shall be valid
missing for 4years; and Proton lion the institution of heirs (CIVIL insofar as they are not inofficious
c. A person who has been in danger of death under other circumstances CODE, Au. 854). (CIVIL CODE, Art 854),
and his existence has not been known for 4 years (CIVIL CODE, Art.
391). In Case of The effect is to annul the Legacies and devises shall be
Imperfect institution of heirs to the extent valid to such extent as will not
Q: Under the circumstances of ordinary absence, when is the death presumed to Disinheritance that the legitime of the impair the legitime (CIVIL CODE,
have occurred? disinherited heir is prejudiced Art. 918).
ANS. The death is presumed to have occurred at the end of the 10-year or 5-year (C/V1L CODE, Art. 918)
period (JURADO, Succession, supra at 11).
 CIVIL LAW
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2,
<1:111
Designation of the persons, institutions or establishments to which such
Heirs Devisees/Legatees
property or sums are to be given or applied (CIVIL CODE, Art 786)
As to Voluntary heirs inherit As a rule, such properties are not
Properties everything at the time of the included among the properties Q: How do we interpret the words in a will?
Acquired by testator s death (JURADO. disposed of, unless it should ANS: The words of a will are to be taken in their ordinary and grammatical sense,
Testator after Succession, supra at 36). expressly appear in the will itself unless a clear intention to use them in another sense can be gathered, and that other
Execution of that such was the testator's can be ascertained. Technical words in a will are to be taken in their technical sense,
the Will intention (CIVIL CODE, Art 793) unless the context clearly indicates a contrary intention, or unless it satisfactorily
appears that the will was drawn solely by the testator, and that he was unacquainted
As to Heirs are persons called to Legatees and Devisees are with such technical sense (CIVIL CODE. Art, 790).
Properties succeed to the whole or aliquot persons called to succeed to
Inherited portion of the inheritance particular properties 0: How is a will interpreted in case of doubt?
ANS: That interpretation by which the disposition is to be operative or will sustain and
uphold the will in all its parts shall be adopted, provided that it can be done consistently
TESTAMENTARY SUCCESSION:' with the established rules of law (CIVIL CODE, Ari. 788). Further, of two modes of
interpreting a will, that which will prevent ' estacy shall be preferred (CIVIL CODE, Art
WILLS
791).
Q: What is "testamentary stiCcession
ANS' Testamentary succeSsiorla th e designation of an heir, 0: What is the effect of some in itions in the will?
made in a will and executed in thelcirm prescribe L,CODE, Art. 779). ANS: The invalidity of one of se bons contained in a will does not resuit in
the invalidity of the other disposit pres that the testator would
Q: What is a not have made such other dis tion had not been made
ANS: A will is an act.whereby a person is permitted, cfrm Ries prescribed by (CIVIL CODE, Art 792).
law, to control to a certain degree the disposition of hr es e, joyake effect after his
death (CIVIL CODE Art (83): f 0: What must be don4Øn there js a mperfect descligtrop or uncertainty upon
the face of the will?
0: What are the characteristics of (PFV-DRU
ANS: The charatlenstics of a will are as follows.
ANS: The follow)9 re t kites to be f wed in casiof Jiir-illperfect description or
uncertainty up:06e faolai of the will
1 It iS,a strictly PersonaraCt; 1. WgiPthere i lotion o devisee, or the
2. It isia'.Forrrial and solemn act; gifribeing Of erson ly answers the
3 It Is 'Et free and Voluntaiy act; descriVrr; , meiiy* scertain the r s intention by using
4 It is allsposition of prpoe intnnsic .an"diOr 6trinsic evid , excluding the oral declarations of the
5 It is ambulatory and Revotabl - testator as to his ilention and
6 It is an Individual and, Unilateral aOL-arla , 2. When an uncertalky anses will, as to the application of
7 it is an ad-Mortis cauls.S.(tlUiADO,,, arccessiob,stipra at 30) any of its l vi isionsin to be ascertained from the
8 It is a S'atutory,right words of the., ill, taking into consideration the circumstances under which it
was made, eXclUdlig - oral declarations (CIVIL CODE, Art. 789)
Q: What is meant by a will being rstrictly-persianal act?
ANS: It means that the making of a will cannot be left in whole or in part to the CI: When shall the properties acquired by the testator, after the making of the will
discretion of a thirc person or accomplished through the instrumentality of an agent or but before his death, pass to the inheritance?
attorney (CIVIL CODE, Art 784) ANS: Property acquired by the testator after the making of a will shall only pass
thereby, as if the testator had possessed it at the time of making the will, should it
Q: What are the testamentary acts which may NOT be left to the discretion of a expressly appear by the will that such was his intention (CIVIL CODE, Art 793). This
third person? (DEPO) rule applies only to a devise/legacy because an heir inherits everything upon testator's
ANS: The following testamentary acts cannot be left to the discretion of a third person: death (JURADO, Succession, supra at 36).
1 Duration of the designation of heirs, devisees or legatees;
2 Efficacy of the designation of heirs, devisees or legatees: Q: In case of a devise or legacy, what is the extent of interest disposed of by the
3 Determination of the Portions which they are to take, when referred to by testator?
name (CIVIL CODE, Art. 785); and ANS: Every devise or legacy shall convey all the interest which the testator could
4 Determination of whether or not the testamentary disposition is to be device or bequeath in the property disposed of, unless it clearly appears from the will
Operative (CIVIL CODE, Art 787) that he intended to convey a less interest (CIVIL CODE, Art. 794)

0: What are the testamentary acts which may be entrusted to a third person? Q: As to the time, what law governs the formal validity of a will?
ANS: The following testamentary acts may be entrusted to third persons: ANS: The validity of a will as to its form depends upon the observance of the law in
1 Distribution of specific property or sums of money that he may leave in force at the time it is made (CIVIL CODE, Art. 795). Thus, a will perfectly valid at the
general to specified classes or and
 CIVIL LAW I
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time of its execution cannot be invalidated by a law enacted after the death of the Q: What is the presumption of law as to the soundness of mind of a testator? (1-
testator. Neither can a will totally void at the time of its execution be validated by such IG)
legislation (JURADO, Succession, supra at 38)._ ANS: The law presumes that every person is of sound mind, in the absence of proof to
the contrary, unless:
Q: As to the place, what rule governs the formal validity of a will? 1. The testator,_one (1) month or less, before making his will, was publicly
ANS: The forms and solemnities of wills shall be governed by the laws of the country in known to be insane;
which they are executed (CIVIL CODE, Art. 17). 2. The testator made the will after he had been judicially declared to be Insane,
and before such judicial order has been set aside; or
Q: What law governs the formalities of a will when the testator is a Filipino? 3. He was under Guardianship at the time of making his will (Torres and Lopez
ANS: If he executes his will in the Philippines, the law that governs is Philippine law. de Bueno v. Lopez, G.R. No. L-24569, February 26, 1926).
When a Filipino is in a foreign country, he is authorized to make a will in any of the
forms established by the law of the country in which he may be. Such will may be Q: Who has-the burden of proving that the testator is not of sound mind at the
probated in the Philippines (CIVIL CODE. Art. 815). time the will was executed?
ANS: The burden of proof that the testator was not of sound mind at the time of making
Q: What law governs the formalities of a will when the testator is an alien? his dispositions is on the person who opposes the probate of the will; but if the testator,
ANS: It varies according to place he_executect. will, such that: one month, or less, before making his 1.4/' as publicly known to be insane, the person
1. If the alien execujed his will ia the Pilltippines, the law that governs may who maintains the validity of the will rove that the testator made it during a lucid
either be: interval (CIVIL CODE, Art. 800),
a. The law'of the Philippinei4-6114 C6DE, ,ON4‘.7);
or
b_ The,-taw of the..colintry
of which ti'e1s„e6itiert,or, subject (CIVIL CODE, Q: What is the effect of supervenin city?
ANS: It does not invalidate an effekt dity is determined at the
2. if the alien exe6uted his will outside the 'PhilipN es):_the. law that will govern time of the execution of the w411 N pable validated by the
may itherte: supervening capacity (C/V1LCODE, A
a The la of the place where it is executed (CIVILOD,E, Art 17);
b. *palaw of thWiSigkelfrAT6ETieTh"aidel• ' Q: How are wills classihed according t
c. tie law of hiS cOuntry; or ANS: A will may be eithet'aiotartal or h the formalities or
d. • The Ipw of the Philippines (CIVIL
<
cooft, Art. 816), solemnities which are observed by the t JURADO, Civil Law
Reviewer, supra at 500). ‘,
" • •' --- •
yulb_govern4he spects of a will
Q: If the Filipino, citizen is ahrOad, Whit ieW shi I?
covered under',..ArticIe116? Q: What are the common tormaliho in anal an
ANS: Philippine law governs...LOt,relating to)011.'ffights nd du s, or to the status, ANS: Every will‘rriust-beYaarting arid escuted in a la r dialect known to the
condition and legal capabfty o persO`nts,,aratihrdigg up citizenS of the Philippines, testator (CIVIL CODE. Art 804) '
even though living abroad orugo()E,-Art;4-6^p... .•
Q: What are the requisitWor a notari ? (0/2-SAMPAL)
Q: What requisites milst cfanduiirrtn'Ord-er4hatcp
. rnake a will? (Not-AS) ANS: A notarial will is Valid wherrib complied with:
ANS: In order that a per-S'Nkrn&y Make akw.ilthelbli requisites must be present 1. In _Writing,
1. He must Not be e5pres4f proibited, yAa1 to make a will, 2. Attested and bed by 3 or more credible _Witnesses in the presence of
2. Testator must be at least I q r6fAge, and the testator and one another;
3. He must be of Sound mind (CIVIL CODE, Arts. 796-798) 3, Subscription — Subscribed at the end thereof by the testator himself or by
testator's name written by some other person in his presence and by his
Q; When must the above requisites be present in order for a person to be able to express. direction;
make a valid will? 4. Attestation clause executed by the witnesses;
ANS: It is not necessary that these requisites be present at the time of the testator's 5. Marginal signature —All of the pages are signed, except the last, on the left
death. In order to make a will, it is essential that the testator be of sound mind at the margin by:
time of its execution (CIVIL CODE, Art. 798). a The testator or the person requested by him to write his name, and
b. The instrumental witness;
Q: What is meant by a sound mind? (NOC) 6. Page numbering — All the pages are numbered correlatively in letters placed
ANS: To be of sound mind, it is not necessary that the testator be in full possession of on the upper part of each page;
all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or 7. Acknowledgment — Properly acknowledged before a notary public by the
unshattered by disease, injury or other cause. It shall be sufficient if the testator was testator and the said witnesses; and
able at the time of making the will to know: 8. Executed in a Language or dialect known to the testator (CIVIL CODE Arts
1. The Nature of the estate to be disposed of, 804-806).
2. The proper Objects of his bounty; and
3. The Character of the testamentary act (CIVIL CODE, Art. 799).
 CIVIL LAW Iam
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Q: What is the effect if a notarial will is not written by the testator himself?
ANS: It is immaterial who performs the mechanical act of writing the will (Castaileda v
Alemany, G.R No 1439, March 19, 1904) so long as it is signed
1 By the testator himself; or
2 By the testator's name written by some other person in his presence, and by
nts express direction (CIVIL CODE, Art. 805)
Q: What is the "test of presence"?
ANS: The test of presence is not whether they actually saw each other sign, but
whether they might have seen each other sign had they chosen to do so, considering
their mental and physical condition and position with relation to each other at the
moment of inscription of each signature (Neyra v. Neyra, CA. No. 8075, March 25,
1946)

Q: What is a "subscription"? Q: What are the rules as to the requirement of having the will signed in each and
ANS: It is the manual act by the testator and his instrumental witnesses of affixing their every page?
signature to the instrument (JURADO Succession, supra at 55) ANS: As a general rule, a will must be signed on each and every page thereof on the
left margin except:
Q. What is an "attestation"? 1 In the last page, when the will consists of two or more pages;
ANS: Attestation is the act of three or more credible witnesses of witnessing the 2. When the will consists of only one page (JURADO, Succession, supra at
execution of the will in the presence of the testator and of one another in order to see 72), and
and take note mentally that such will has been executed in accordance with the 3. When the will consists of two pages, the first of which contains all the
requirements prescribed by law Stricfit speaking, it is the act of the witnesses and not testamentary dispositions an., signed at the bottom by the testator and the
that of toe testator (JURADO, Succd iort, sup —at-6.9) witnesses and the secon ins only the attestation clause duly signed at
the bottom by the (Abangan v. Abangan, GR No 13431,
Q: What is an "attestayckiciaateN? '-- - November 12, 1919).
ANS: By the attestaiiop clay.sys-Meant—thatZgt e witnesses certify that
the instrument has beerieti. exe.cdted_before.the f the execution of the Q: What is the effect upon the argin natures appear on the
same. I; is signed,riet by etesator but by the witne claration made by right portion, instead of the I
the witnesses aria n'cit )t he festator(tegafe_gtstate qf Ta rf cià,v. Abaja, G.R No. ANS: Art. 805 which • that ev rY age, excep t, must be signed at the
L-2415, July 31/1950). / i left margin is compile • even if d• ,•I, the right margi is is because the mode
: s of signing adopted ev 7. e and/ n of the will i a ticated and guarded
Q: What are t , , red contents-pf an attestado , n lause from possible alterati the sa • agree that it u ye been protected by
ANS: The attestat,gr clause must state:. being signed in t ma avera G 'a, G.R. No 55 ptember 14, 1921).
1 The _ m r of-pa es used; --
2 Th 't the".. strumgh f-witnesses-wi ice arid $ will and all the 0: What will
pag Sjni preSey of thqt, talor " 4'1 n the will in se the d with Arabic
- •, •.-a . ,erie theriisnd numerals?
3 The act th the‘te Sign —ti ev pag thereof or caused ANS: While the • at h ill St be paged w ers, paging with Arabic
some other rson, o-,,,W tis e-"under s expr ss direction, in the numerals and not e with th 'it of the law and is just as valid as paging
‘./ --....
preseitqe of th strume, 1 eises Zell/ CODE/V1. 805). with letters (Nayve v. M 'al, , . No. L-21 mber 29, 1924)
f r_.•:\ A. , ,,---
\ 7
Q: What is the effec upon( iltZtiete.,are / .s- *4d imperfections in the Q: What is the effect i e the required contents?
form of attestation or t e.tan u.„ ge used ANS: The following a arios where there is failure to state the required
ANS: The validity of the wiltishdt affe octrine of liberal interpretation contents in the attestaho
or substantial compliance rule,1"7"ithe-ebsan d faith, forgery, or fraud or undue 1. If the attestation ause failed to state the number of pages used, the will is
and improper pressure and influence, defects and imperfections in the form of not valid unless the number of pages is stated in the will itself or in the
attestation or the language used therein shall not render the will invalid if it is proved that acknowledgment (Taboada v. Rosal, G.R. No. L-36033, November 5, 1982),
the will was in fact executed and attested in substantial compliance with all the 2 Failure to state or specifically declare that the witnesses had witnessed the
requirements of Article 805 (CIVIL CODE, Art 809) due execution of a will, there being no possible way to prove such by the
face of the will, is fatal to the validity of the latter (Caneda v CA G.R. No
Q: Is a thumbmark or a part of the name of the testator a sufficient signature? 103554, May 28, 1993); and
ANS: Yes Art 805 which requires that the will shall be signed is satisfied not only by 3 Failure to state the number of witnesses may be established by the number
the customary written signature but also by the testator's or testatrix' thumbmark (Dolor of signatures in the will itself (Testate Estate of Abada v. Abaja G.R. No
v. Diancin, G R. No. L-33365, December 20, 1930) If writing a mark simply upon a will 147145, January 31, 2005),
is sufficient indication of the intention of the person to make and execute a will, then
certainly the writing of a portion or all of the testator's name ought to be accepted as a 0: What is the effect upon the will if the signatures of the witnesses appear on the
clear indication of his/her intention to execute the will, as in this case where the name left-hand margin but do not appear after the attestation clause?
and surname have been written by different persons (Yap Tua v. Yap Ca Kuan, G.R ANS: The will shall not be allowed. An unsigned attestation clause cannot be
No, 6845 September 1, 1914) However, if the signature is only a mere cross, without considered as an act of the witnesses, since the omission of their signatures at the
any proof that it is the usual signature of the testator or at least one of the ways by bottom thereof negates their participation (Azuela V. CA, G R No 122880. April 12.
which he signed his name, it is not a sufficient signature, because a mere cross cannot 2006)
and does not have the trustworthiness of a thumbmark (Garcia V. Lacuesta, G.R. No. L-
4067, November 29. 1951)
 CIVIL LAW
San Reda Law-RGCT Bar Operations Center I

Q: What is the effect if a testator authenticates an inserted testamentary

RERAN20,RED BOOK <41:1
Q: In relation to place, what laws should be taken into account for revocation to
disposition with his initials? be valid?
ANS: The act of a testator in authenticating the inserted testamentary disposition with ANS: The following rules govern the validity of revocation as to place:
his initials is not a valid authentication. This is clear from Article 814 of the Civil Code 1. If done outside the Philippines by a person not domiciled in the Philippines,
which declares that in case of any insertion, cancellation, erasure or alteration in a the revocation is valid when it is done according to the:
holographic will, the testator must authenticate the same by his full signature (JURADO, a Law of the place where the will was made; or
Civil Law Reviewer, supra at 517). b. Law of the place in which the testator had his domicile at the time
2. If done in the Philippines, the revocation is valid if done in accordance with
Q: What is a "joint will"? the provisions of the Civil Code (CIVIL CODE, Art. 829).
ANS: It is a single testamentary instrument which contains the wills of two or more 3. If done outside the Philippines, but he is domiciled in the Philippines, then it
persons, Jointly executed by them, either for their reciprocal benefit or for the benefit of a should be in accordance with the Civil Code.
third person (JURADO Succession supra at 106)
Q: How is a will revoked? (IWBD)
Q: What wills are not considered as joint wills? ANS: A will may be revoked:
ANS: The following wills are NOT Joint Wills: 1. By Implication of law;
1 Those made on a single„Oset.ef.peatr the first on the front, and second on 2. By some will, codicil, or other riling executed as provided in case of wills,
the reverse side 3 By Burning, tearing, can or obliterating the will with the intention of
2 Those made n sate)p%i hout a dividing line between revoking it, by the test f, or by some other person in his presence.
them, but itieepgiag4 together (Reason: Here and by his express di
again thpre/are rea o instruments 'ch are independent of 4. Where a will is bume lied, or obliterated by some other persons
each othei*9 S„.-Wilis-V1Ta-Srfccessw.,n, 5). without the express D estato e will is revoked if its
contents, due ex nauthorized destruction
Q: May two or rriore'tier‘one makei wiltjointly? \ cancellation, 2Øiteratiorl ng to the Rules of Court
ANS: No, Twceor mor ' per4ins cannot make a will jlintly, Rrfilib - same instrument, (CIVIL COrrArt, 830).
either for their leCrpro I benkfit &TOT fh-6-'5Fnefit of a third ppi
' g IVIL CODE, Art. .•'
818) In case Kilts xecuted in''ajoreigri c0un1r9, th prohitition a lies only if such Q: What are the re or a re tion by bu ring, cancelling, or
will was execud)y Filipino Cltizensiand.notbStelliens (CIVIL q@&& rt. 819) obliterating the ' r itual?
ANS: In orde e above ts evocation
Q: What is a 4dicil lt? 1 Th he e ormin tual session of his
ANS: A codicil is' ii.Nplertfenl c3r additierAo a xecution of a will fa
and annexed to like take as a\og reof,I by: ade in the original 2. The i swtilconcur wi p ysical fact or actual
will is explained, added to r alfeter4 1, E; destru th. ill; a
3 The leg vocation te and effective from the time the
01 What are the forM,Vities/r)to icil? intention is out by t physical act necessary
sa to
ANS: The formalities wh.ch are, re9 codicil are the same as accomplis b Estate of Maloto v. Court of
those required in the exec n ( Appeals, G. 4, February 29, 1988; JURADO, Succession, supra
at 123).
Q: How may a will incorporate in y reference a paper or document? Note: Thus, if the complete destruction of the will is prevented due to
(EDIS) interference by some other person and not to change the intention on the
ANS: in order that a will may validly incorporate into itself any document or paper by part of the testator, the will is already considered revoked (TOLENTINO
way of reference, the requisites are: Succession (2003), 132 thereinafter TOLENTINO, Succesioni).
1. The document or paper referred to in the will must be in _qxistence at the
time of the execution of the will; la: What are the instances when a will is revoked by implication of law?
2. The will must clearly Describe and identify the same, stating among other ANS: The following are the instances when a will is revoked by implication of law:
things the number of pages thereof; 1 The commission by the heir, devisee or legatee of some act of unworthiness
3. It must be Identified by clear and satisfactory proof as the document or (CIVIL CODE, Article 1032);
paper referred to therein; and 2. The transformation, alienation, or loss of the thing given as a devise or
4, It must be Signed by the testator and the witnesses on each and every legacy, subsequent to the execution of the will under Article 957;
page, except in case of voluminous books of account or inventories (CIVIL 3 Judicial demand by testator of a credit which has been given as legacy
CODE, Art. 827). under Article 936;
4 The preterition of compulsory heirs in the direct line under Article 854;
Q: When may a will be revoked by the testator? 5. The sale of the property given as devise or legacy, for payment of debts of
ANS: A will may be revoked by the testator at any time before his death Any waiver or testator (TOLENTINO, Succession, supra at 131). and
restriction of this nght is void (CIVIL CODE, Art. 828).
ID>
6.
CIVIL LAW I
San Bede law-RGCT Bar Operations Center EN

Under Article 63(4) of the Family Code, when there is a decree of legal
p,,,Eps,e,No1:31ED BOOK
Q: What is meant by the "probate of wills"?
<el
separation, provisions in favor of the offending spouse in the will of the ANS: The probate of wills is a special proceeding to establish the validity of a will
innocent spouse shall be revoked by operation of law.
Q: What are the questions determinable by the probate court?
Q: What is the effect of subsequent wills which do not expressly revoke the ANS: As a rule, the questions to be resolved by the probate court must be regarding
previous ones? the personal condition of the testator at the time of its execution and the formalities
ANS: Subsequent wills which do not revoke the previous ones in an express manner connected therewith. The purpose is to prove the following:
annul only such dispositions in the prior wills as are inconsistent with or contrary to 1 Identity - Whether or not the instrument which is offered for probate is the
those contained in the latter wills (CIVIL CODE, Art. 831) A revocation made in a last will and testament of the decedent
subsequent will shall take effect, even if the new will should become inoperative by 2. Due execution - Whether or not the will has been executed in accordance
reason of the incapacity of the heirs, devisees or legatees designated therein, or by their with the formalities prescribed by law
renunciation (CIVIL CODE, Art. 832). 3. Capacity - Whether the testator had testamentary capacity at the time of the
execution of the will (JURADO, Succession, supra at 138-139).
Q: What is the "doctrine of dependent relative revocation"?
ANS: If a testator revokes a will with a present intention of making a new one Q: How may a testator apply for the probate of his own will?
immediately and as a substitute, and the new one is not made, or, if made, fails of effect ANS: The testator himself may, during lifetime, petition the court having junsdiction
for any reason, the failure of th eistame 'sposition, upon whose validity the for the allowance of his will (CIVIL CO rt 838, par. 2).
revocation depends, is eq 4.1)'ve enk to the nPn- Km n a suspensive condition, and
hence prevents the revo titan orthe.,24,911 ' I i e on which this principle is 0: Why is the probate of a will
predicated is that the 'eta ersii rick intend to esate . de Moto v. Moto, G.R. ANS: The probate of a will is map no will shall pass either real or personal
No. L-2538. Septerrfter.,21 1). property unless it is proved and nce wi rr e Rules of Court (CIVIL
CODE, Art. 838).
Q: What is the e revocation isbaied on a fals I cause?
eV,
ANS: A revo on of will ased PO a TetteIluse o an il al se is null and void Q: May a person be cciticted of to probated will
(CIVIL CODE, Art 83f. The e-or../Ilegal.cal m e statpd.nAtl subsequent will, ANS: No. Criminal act ell 4I1 not li9. the forger of which had been duly
otherwise the revefati n is of io effect (TOLENT1*), ccess arse at 142). admitted to probate 11.0 cciectgef compet junsdiction v Santos, G.R. No
45629, Septemb 2, 1930145,v
Q: What is th ftct pf,, e reirioqrtion; d'f a o h ognition of an
illegitimate cIlld . i r
- r 0: What are of a will'
ANS: The reopgrto of san.-. gitimate ; ' d d I gal effect, even
ANS; The wil e follow]
though the will Where it as me 'sod be revb 6 VIL ODE, rt. 834). 1. Form
..? - not been corriii
vq).ofc`iiiiZY 2. Testato s ins , or r he -' mentally Incapable of making a will, at the
Q: Distinguish r ublica'ron froth'
time of itN ut
ANS: The followin are the tiil tinckns1 T----:-.A.:.\ ,,.)
3. Will was ex tethrough f. - , or the influence of fear or
BilcAtiblq threats; '
Republication Revival 4. Will was pr ured 74indue and improper pressure and influence, on the
a. part of the b ibr or of some other person;
As to nature Refers to the ac tie or Refers to the restoration of the 5. Signature of the esiator was procured by fraud; or
either in reproducing in a validity of a previously revoked 6. Testator acted by Mistake or did not intend that the instrument he signed
subsequent will the dispositions will by operation of law should be his will at the time of affixing his signature thereto (CIVIL CODE.
contained in a previous one which (JURADO, Civil Law Reviewer, Art. 839).
is void as to its form or which has supra at 528). Note: These grounds are exclusive (Sps. Ajero v. CA, G.R. No. 106720, September 15,
been revoked or in executing a 1994).
codicil referring to a previous will
(CIVIL CODE, Arts, 835 and 836). INSTITUTION OF HEIRS
In case of Republication is effected by acts of Revival is effected by operation Q: What is meant by "institution of heirs"?
preterition the testator (JURADO, Succession, of law (JURADO, Succession. ANS: Institution of heir is an act by virtue of which a testator designates in his will the
supra at 133). supra at /33). person or persons who are to succeed him in his property and transmissible rights and
obligations (CIVIL CODE, Art, 840),
Q: What is the effect of a duly executed codicil?
ANS: A duly executed codicil operates as a republication of the original will and makes 0: What are the requisites for a valid institution of heir?
it speak from the new date, insofar as it was not altered or revoked by the codicil. If a ANS: An institution of an heir is valid if the following are present
codicil revokes in terms portions of the will, it republishes the will as of the date of the 1. The will must be extrinsically valid;
codicil with respect to all parts not revoked (JURADO, Succession, supra at 132). a. Testator must be capacitated:
b. Formalities must be observed;
 CIVIL LAW
San Beds Law-RGCT Bar Operations Center I
‘pphsoN,RED BOOK <CI

c. No vitiated consent; Q: To whom is the presumption of equality among heirs applicable?

d. The wit must be duly probated, ANS: It should be understood as referring to heirs who are of the same class or
e. The wit must have been the personal act of the testator. Juridical condition, and to the portion of the inheritance of which the testator can freely
2 The institution must be intrinsically valid, and dispose. For as between one of whom is a compulsory heir and the other a voluntary
a Legitime must not be impaired; heir, without designation of shares, it is not legally possible to give them equal shares of
b. Heir must be certain or ascertained; the entire inheritance. The legitime of the former must first be separated and allotted to
C. No preterition; him, because the testator cannot deprive him of it; the remainder of the free portion is
3 The institution must be effective• what shall be divided equally between the two (TOLENTINO, Succession, supra at 178).
a. No predeceased heir;
b. No repudiation by heir, 0: What is meant by the "presumption of individuality among heirs"?
c. No incapacity of the heir (PARAS. Wills and Succession, supra at /96- ANS: The presumption of individuality among heirs means that when the testator
197). institutes some heirs individually and others collectively, those collectively designated
shall be considered as individually instituted, unless it clearly appears that the intention
Q: What is the effect if no heir is instituted in the will, of partial institution, and of of the testator was otherwise (CIVIL CODE, Art. 847).
repudiation by or incapacity of the instituted heir?
ANS: A will shall be valid even thou . not contain an institution of an heir, or 0: What is meant by the "presumption simultaneity among heirs"?
such institution should not co 0 se the entir es e and even though the person so ANS: The presumption of simultane eirs means that when the testator calls to
instituted should not acc the heritkse ot capacitated to succeed. In the succession a person and his ey are all deemed to have been instituted
such cases, the test eh:rely " d in ance with law shall be simultaneously and not successiv ODE, Art. 849).
complied with and th ferna all pass to the I IL CODE, Art, 841).
___,......- ,...,
Q: What is the rule on institutio sister heirs?
i
atIo)is s to the, testatoCs fre orn4o,dJpse of his estate?
s'-,(' N-

Q: What are the ANS: In case of testate su be distributed equally

ANS: The limititionef on whethertr netthe te tato pulsory heirs. One between all brothers or wheth or half bioo ass a different intention
who has no comilso heir may dispose-by will of - 11 his i r any part of it in appears (CIVIL CODE 848). In intestate suc , brothers and sisters
favor of any pers9)**ing 4äacity 15 succeed. Orie ho h ulsory heirs may of the full blood shall led to a a double than th e brothers and sisters
dispose of his :estate provide he"clees not ccntfdv'enelthe prctiisionp f this Code with of the half-blood (CIVI :Aft f006)
regard lathe legitve f said ... irs (CIVIL CODE;xArt. 8 2).
f '- ' Q: Suppose jtan i tution oPhei based on a ause, what is the
:-/' ' . ' • i
Q: What are ttle,rulefor the).Alidity- Ofinsilliiii.39 ofah her-WI:3, -GC) effect of the tip ausp?
ANS: The folloVeeg in'4••st boOrtipkied with.fair•;8.94 kstitution ofIq1r ANS: As a general rule alsityAsuc ect. This is clear
1 The'designgtion may bevadelin'aryoth as Ion as there will be no from the provision=gWti
. ...., • -.. ,to7f
- 0 whicd that the sta of a false cause shall
doubNs to the,identityokt ir'S ihstit ed; • / be considered as OetAtintt . Such ins bon may be annulled only when one is
2. Dispositions in favor of an Unknown persv"Shall beNoid. unless by some satisfied, after an exAtrinatiogiof the will, stator clearly would not have made
event or ci,ccumstarbses his fdentity-beComfs cedel the institution if he had i' n' 9e9Mhe cause ustria v. Reyes, G F?. No, L-
3 The testatcit,shalltdesigiiate-the4tetrtiy-hts"‘Nam nci surname, but an error 23079 February 27, 19T.4).
, -, t -e---
in the name, "Surname, or drctfrrstances- e heir shall not vitiate the -
institution when itit.possible tolehoW4itircertainty the person instituted: 0: What are the rules on.typc2sston when an institution is in aliquot parts?
4 A disposition in favor of a-traffilite'55S-s or Group of persons shall be valid. ANS: The rules to be folloigitare-
and 1 If the testator has instituted only one heir, and the institution is limited to an
5 In case there are two persons having the same name, the testator shall aliquot part of the inheritance, legal succession takes place with respect to
indicate some Circumstance which the instituted heir may be known. If the remainder of the estate. The same rule applies if the testator has
among persons having the same names and surnames, there is a similarity instituted several heirs, each being limited to an aliquot part, and all the
of circumstances in such a way that, even with the use of the other proof, parts do not cover the whole inheritance (CIVIL CODE, Art. 851);
the person instituted cannot be identified, none of them shall be an heir 2. If it was the intention of the testator that the instituted heirs should become
(CIVIL CODE Art 843-845). sole heirs to the whole estate, or the whole free portion, as the case may be,
and each of them has been instituted to an aliquot part of the inheritance
Q: What is the test to determine the validity of institution of an heir? and their aliquot parts together do not cover the whole inheritance, or the
ANS: The proper test is the possibility of finally ascertaining the identity of the instituted whole free portion, each part shall be increased proportionally (CIVIL
heir either by intnnsic or extnnsic evidence (TOLENTINO, Succession, supra at 163). CODE, Art. 852); and
3. If each of the instituted heirs has been given an aliquot part of the
Q: What is meant by the "presumption of equality among heirs"? inheritance, and the parts together exceed the whole inhentance, or the
ANS: It means that when heirs are instituted without designation of shares, they are whole free portion, as the case may be, each part shall be reauced
deemed to inherit in equal parts (CIVIL CODE, Art. 846). proportionally<C/V/L CODE, Art. 853).
la>
Q: What is "preterition"?
CIVIL LAW
San Bede Law-RGCT Bar Operations Center MB
I RERAR2frIED BOOK
Q: What happens if the voluntary or compulsory heir predeceases the testator?
1
ANS: Pretention is the omission in the testator's wit of one, some, or all of the ANS: A voluntary heir who dies before the testator transmit nothing to his heirs
compulsory heirs in the direct hoe, whether living at the time of the execution of the will Meanwhile, a compulsory heir who dies before the testator, a person incapacitated to
or born after the death of the testator (CIVIL CODE, Art. 854). succeed, and one who renounces the inheritance, shall transmit no right to his own
heirs except in cases expressly provided for in this Code (CIVIL CODE. Art. 856)
Q: When is there preterition? (CTS)
ANS: There is preterition when: SUBSTITUTION OF HEIRS
1 The heir omitted is a Compulsory heir in the direct line; CI: What is meant by "substitution of heirs"?
2 The omission is complete and Total in character; and ANS: Substitution is the appointment of another heir so that he may enter into the
3 The compulsory heir omitted Survives the testator (JURADO. Succession, inheritance in default of or subsequent to the heir originally instituted (CIVIL CODE. Art
supra at 174). 857).
Q: In case of preterition, from which part of the estate will the share of the omitted Q: What are the different kinds of substitution?
child or descendant be taken? ANS: Substitution may either be:
ANS. The share of a child or descendant omitted in a will must first be taken from the 1. Simple or Common:
part of the estate not disposed of by_Ate.will,.; ny, if that is not sufficient, so much as 2. Brief or Compendious;
may be necessary must be taken oportlorT IlyAfrãjtrthQshares of the other compulsory 3. Reciprocal, or
heirs (CIVIL CODE Art 85 .. 4. Fideicommissary (C/V1
Q: What are the effecls of"preiefilion? 0: What is "simple or common s
ANS: The effects of prekenXri_ere, - - — ANS: Simple or common subsfitutti, ace when the testator
1 It anrils:the ipsfitufion of-heir; 1 designates one or more perpt4s to s ute the ted in case such heirts
2 The ifIevi sAnd legacies,are-valid:insofar as they re n inofficious
should.
t omitted co pulsory heir should die before e test
3 If 41e tor, the institution
sh I'lje?-effectua , -Witiforti - Piqua& to right 1? sentation (CIVIL
1 Die before
2 Not wish tokr c e or
C D'E; Art 854). nd ' 3 Be Inca Ent heritance (CIVIL 000E, Art 859)
4 IntestAte 4uccessikin ensues (Nugui‘v Nuilyry, G. .-Ne -23445, June 23,
1966- _, I, ‘ 0: What is tl(Applica titution i mad without a statement of
• „- t r -,1- \---------1 the cases meN5nett'S
Q: Distinguish pr4tin on fr\omtpositiciti les egil Odd tion inter vivos.
ANS: A simple ubsti,t0 ent of th ich it refers, shall
ANS: The distini ons a the'fldlio ,12 : , ' :' , .. , comprise the three tor has provided otherwise (CIVIL CODE,
PR 11140k-its otetaf(NTER VIVO Art. 859)
Preterition Advancement of Legitime/
Donation Inter vivos Q: What is "brief or cq éndio ub
ANS: A brief substitutl l is w there are two or more persons designated by the
As to the There --siksmissMOTA'h-1;ir he heir is not entirely testator to substitute fcit ne heir. On the other hand, there is compendious
omission of an forgotten. substitution when one h esignated to take the place of two or more heirs
heir (JURADO, Succession, supra at 189).

As to the There is total deprivation of The heir received less than CI: When is there reciprocal substitution?
legitime legitime of an heir. the portion of his legitime. ANS: There is reciprocal substitution when two (2) or more persons are not only
instituted as heirs, but are also designated mutually as substitute for each other. If the
As to its effect Results in the total annulment of Remedy: Demand for heirs instituted in unequal shares should be reciprocally substituted, the substitute shall
on the institution the institution of heirs completion of legitime acquire the share of the heir who dies, renounces, or is incapacitated unless it clearly
of heir appears that the intention of the testator was otherwise. If there is more than one
substitute, they shall have the same share in the substitution as in the institution (CIVIL
As to process of The share of a child or Testamentary dispositions
CODE, Art. 861).
contribution/ descendant omitted in a will must that impair or diminish the
reduction first be taken from the part of the legitime of the compulsory
Q: What is the effect of substitution?
estate not disposed of by the will, heirs shall be reduced on
ANS: As a general rule, the substitute shall not only take over the share that would
if any, if that is not sufficient, so petition of the same insofar as
have passed to the instituted heir, but he shall be subject to the same charges and
much as may be necessary must they are inofficious or
conditions imposed upon such instituted heir. The following are the exceptions to the
be taken proportionally from the excessive (CIVIL CODE. Art
said rule:
share of other compulsory heirs 907)
1. When the testator has expressly provided the contrary, and
(CIVIL CODE, Art. 855).
 CIVIL LAW I
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2. When the charged or conditions are personally applicable only to the heir 2. By imposing upon the fiduciary (first heir) the absolute obligation to preserve
instituted (CIVIL CODE, Art 862) and deliver the property to the fideicommissary (second heir) (CIVIL CODE
Art. 867(1)).
Q. When is there fideicommissary substitution?
ANS: F,deicommissary substitution takes place when the fiduciary or first heir instituted Q: Is a disposition giving to a person the whole or part of the inheritance, and to
is entrusted with the obligation to preserve and transmit to a second heir, the whole or another its usufruct, valid?
part of the inheritance (Mil CODE, Arts 863-865). ANS: Yes, it is valid. If the testator gives the usufruct to various persons successively
the "one degree" limit in Art. 863 shall apply (CIVIL CODE, Art. 869)
Q: What are the requisites for fideicommissary substitution to take place? (ESO)
ANS: For fideicommissary substitution to take place, the following are the requisites: Q: What provisions and substitutions made in a will shall not take effect?
1. There is a first heir called primarily to the Enjoyment of the estate, ANS: The following shall not take effect:
2. There is a Second heir and 1. Fideicommissary substitutions which are not made in an express manner,
3 There is an Obligation clearly imposed upon the first heir to preserve and 2 Provisions which contain perpetual prohibition to alienate, and even a
transmit to the second heir the whole or a part of the estate (CIVIL CODE temporary one, beyond the limit fixed in Art 863. The prohibition to alienate
Art 863). is good only for 20 years; beyond that it IS VOID (CIVIL CODE, Art. 870)'
,.. 3. Those which impose upon th ir the charge of paying to various persons
Q: What is the right of the fi t-heir to- hec es successively, beyond the Art. 863, a certain income or pension, and
ANS: The first heir is r , izelxs an 1pjtu entitled to the enjoyment of 4. Those which leave to e whole or part of the hereditary property in
the property, but he cermet atienafe_thet-preo 04.END1 0, Succession supra at order that he may ap the same according to secret instructions
211-212) communicated to bin b9 tator (also called 'tacit fideicommisum")
: .„ • ,,.,-
(CIVIL CODE, Art. 864
Q: From whom /arid whin Aloes the • Second s rights over the
property? Q: What happens if a fid bstitution o
i l the valid.
ANS: He is rePlly a seconds heir institute.d.,by the ator; not succeed the ANS: It does not pre) e institution of irs first designated; the
fiduciary for her e— iiir s right from the %omen o testa th (TOLENTINO, fideicommissary clau simply., I sidered as ne. en (CIVIL CODE, Art.
Succession, sOp ft e 'second heir rSt-At'ac
213).,,rp acquire th the succession 868).
from the time teh,e tator's_ eathiettemthoughthe s uld he fiduciary. The
nght of the se ndihek sh6ii s to hiSiffelf CIVIL A 86 Q: For how o the testator u lare his sta any part thereof
inalienable?

1
04/ `- ‘.1i
Q: What does th blrgatiulA
ANS- The fidu .ary stiall be-bbl
without other de ctions '
13-51
—inhe ance
I
the second heir,
mate e enses, credits and
ANS: The dis
more than twenty,
testJde. r ng all or
id (CI 1'2- Art. 870).
te inalienable for

improvements, sa e. in th se t1 is tor as prov otherwise (CIVIL CONDITIONAL TES AM ARY AND TESTAMENTARY
CODE, Art 865. parV). DISPOSITIONS WITH A
N.
0: How is the instituti a ., r made?
0: What are the limitatio mmissary substitution?
ANS: As a rule, the ins n an heir may be made:
(LOBE) 1. Pure or simple, •
ANS. There are four limitations on rdereertffirts*ary
substitution:
2. Conditionally;
1 Fiduciary and fideicommissary must be Living at the time of the death of the 3 For a term; and
testator (CIVIL CODE, Art 863), 4. For a certain purpose or cause (modal) (CIVIL CODE, Art. 871)
2 Substitution must not go beyond g_ne degree from the heir originally
instituted (CIVIL CODE, Art. 863); 0: What is the principle of untouchability of the legltime?
3. Substitution must not Burden the legitime of compulsory heirs (CIVIL CODE, ANS: It means that the testator cannot impose any charge, burden, encumbrance,
Art. 864). and condition, or substitution whatsoever upon the legitirne of the compulsory heirs except:
4 Substitution must be made Expressly (CIVIL CODE, Art. 865) 1 When the testator declares that the hereditary estate shall not be partitioned
for a period not exceeding 20 years (CIVIL CODE, Art 870),
Q: What does "one degree" mean? 2. When there is reserve troncal (CIVIL CODE, Art 891):
ANS: It refers to the degree of relationship (Le. "one generation"). As such, a 3. Family home (FAMILY CODE, Art. 159), and
fideicommissary can only be either a parent or a child of the first heir (PaIacios v_ 4. When there is a valid disinheritance (CIVIL CODE. Art 1083).
Ramirez, GAR No L 27952. February 15, 1982)
Q: What is the effect if the testator imposes a condition on the legitime?
Q: How must fideicommissary substitution be made? ANS: The testator cannot impose any charge, condition, or substitution whatsoever
ANS: Fideicommissary substitutions must be made expressly. upon the legitimes prescribed in this Code, Should he do so. the same shall be
1 By giving it the name of a fideicommissary substitution, or considered as not imposed (CIVIL CODE, Art. 872)
ID> CIVIL LAW I
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Q: What is the effect of impossible conditions in testamentary dispositions?

i!gps.81.1..FED BOOK
0: What is "caucion muciana"?
ANS: Impossible conditions and those contrary to law or good customs shall be ANS: It is a bond or security given by the heir, legatee, or devisee that he will not
considered as not imposed and shall in no manner prejudice the heir, even if the testator perform or give that which is prohibited (CIVIL CODE, Art. 879).
should otherwise provide (CIVIL CODE, Art 873).
Q: What is the effect of a suspensive condition or term?
Q: Why is an absolute condition not to contract a first marriage considered void? ANS: If the heir be instituted under a suspensive condition or term, the estate shall be
ANS: An absolute condition not to contract a first marriage is always void and will be placed under administration until:
considered as not written (CIVIL CODE, Art 874). Undoubtedly, this condition is 1. The condition is fulfilled;
contrary to morals and public policy because it would deprive a person of one of his 2. It becomes certain that it cannot be fulfilled; or
inherent or inalienable rights — the right to choose his own status (JURADO, 3. The arrival of the term.
Succession. supra at 218). The same shall be done if the heir does not give the security required as in
negative potestative conditions (CIVIL CODE, Art. 880).
Q: What is the status of an absolute condition not to contract a subsequent
marriage? Q: What is a "modal institution" or "institucion sub modo"?
ANS: An absolute condition not to contract a subsequent marriage is also void unless ANS: It is the attachment by the testator to an institution of heir, or to a devise or
imposed upon a widow or widowermby • deceased spouse or by the latter's legacy, of a statement of the:
ascendants or descendants lelfe-COL?E,',ArtsA8 ven so, however, the legitime of 1. Object of the institution'
the surviving spouse canipte airekThetee ag eferred to would only be the 2. Application of the pro testator, or
legitimate children of4b pce d pous i a(Øo ,marriage (TOLENTINO, (
3. Charge imposed by hi DE, Art. 882).
Succession, supra a031„).
,•• Q: What are the distinctio don and conditional
0: Is a relative pfohtbiti0r1 ncit to contract a-first or a sobsecfijek,t marriage valid? testamentary disposition?
ANS A relativ*Prohibiyan, lifce those relative With resl)ect eries s, time or place, to ANS: The distinctions
contract a first, or subSequent marriage IS considered vallø it becomes so 1 A mode o dal institu oses an oblige n the heir or legatee
onerous or burfie'r(SOrria that the bealbitiolire-ally amounts to j jpcute one (PARAS, but it does ct of his rights uccession while in a
at
Wills and SucceSsiondsupra 270). condibo ition, the ust happen or be
fulfi nfilied to s testator; and
Q: What is m "disposicion capta15r1a"? 2. A not oblig de obligates but
ANS: Any disl%osiporrmadâi1pon the conifttion tha 1*..tteir e some provision erits dy an heir. one
in his will in faver tf thfl testitoki!, of any Dterirsoti.-is whit is wn as a condition whotherit itional an heir Succession, supra
captatoria Congequent if rtiie, te%41or Make- „4-, testamlitary di position in his will at 242' ee similar to a resolutory condition (Rapadilla
subject to such condition. t is knpivr).as,.c,h,sp64.6qtircaptgioria (J ADO, Succession, vs. CA. .t N 3725. Jun 9, 2000).
supra at 22/) Under our w, ntit only the bo,pditi 6" but t entire testamentary
disposition shall be V'btd Art .8761- ' Q: What is the "Doctn
ANS: When without th ault o eir, an institucion sub modo cannot take effect in
Q: When must the conditto„R iinp„Osed on,an:ieStitutecprieir be fulfilled? the exact manner stat .by the testator, it shall be complied with in a manner most
ANS: The rules on the fulfillmbnLof such 6th1ditioL.ar€s follows: analogous to and in confo 'th his wishes (CIVIL CODE, Art 883),
1 Any purely potestative ittOtT1 osed upon an heir must be fulfilled by
him as soon as he learns of the testator's death, except when the condition. Q: What are the kinds of term?
already complied with, cannot be fulfitled again (CIVIL CODE, Art. 876): ANS: The kinds of term are:
2 If the potestative condition imposed upon the heir is negative, or consists in 1. Suspensive Term: Rights are suspended until the arrival of the date or time
not doing, the heir, legatee or devisee acquires his right as a matter of designated by the testator; and
course without any limitation other than not doing or not giving something_ 2 Resolutory Term: Rights are immediately demandable but subject to
However, under Article 879. in order that such heir, legatee or devisee shall extinguishment upon the arrival of the date or time designated by the
not perform or give that which is prohibited, he is required to give a bond or testator (JURADO, Succession, supra at 230).
secunty known as "caucion muciana"; or
3 if the condition is casual or mixed, it shall be sufficient if it happens or be 0: What is the difference between a term and condition?
fulfilled at any time before or after the death of the testator, unless he has ANS: With respect to term, the right is already transmitted to the heir upon the death of
provided otherwise Should it have existed or should it have been fulfilled at the testator; the term merely serves to determine the demandability of rights already
the time the will was executed and the testator was unaware thereof, it shall acquired. As to condition, the acquisition of the right depends upon the happening of the
be deemed complied with If he had knowledge thereof, the condition shall condition, such that if the condition does not happen, the heir does not sur.cped
be considered fulfilled only when it is of such nature that it can no longer (TOLENTINO, Succession, supra at 236).
exist or be complied with again (CIVIL CODE, Art. 877).
 CIVIL LAW I
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LEG1TIME Legal or intestate succession to the estate of the adopted shall be governed by
the following rules:
0: What is a "legitime"? 1. Legitimate and illegitimate children and descendants and the surviving
ANS: Legitime is that part of the testator's property which he cannot dispose of spouse of the adopted shall inherit from the adopted, in accordance with the
because the law has reserved it for certain heirs who are, therefore, called compulsory ordinary rules of legal or intestate succession;
heirs (CIVIL CODE, Art 886), 2. When the parents, legitimate or illegitimali, or the legitimate ascendants of
the adopted concur with the adopter, they shall divide the entire estate, one-
Q: Who are "compulsory heirs"? half to be inherited by the parents or ascendants and the other half, by the
ANS: Compulsory heirs are those for whom the law has reserved a portion of the adopters;
testator's estate which is known as the legitime. 3. When the surviving spouse or the illegitimate children of the adopted concur
In particular, the following are compulsory heirs: with the adopters, they shall divide the entire estate in equal shares, one-
1. If the testator is a legitimate person, the compulsory heirs are the following: half to be inherited by the spouse or the illegitimate children of the adopted
a. Legitimate Children and Descendants (LCD): and the other half, by the adopters:
b. In default of the foregoing, Legitimate Parents and Ascendants (LPA); 4. When the adopters concur with the illegitimate children and the surviving
c. Surviving Spouse (SS); and spouse of the adopted, they shall divide the entire estate in equal shares,
d. Illegitimate Children and Descendants (ICD).

,
one-third to be inherited by th:. legitimate children, one-third by the
2 If the testator is an—illegirgre-per n the compulsory heirs are the surviving spouse, and on .= i y the adopters;
following (JUR/3f)d:'Sucoestion. spra a 5. When only the adopterss they shall inherit the entire estate; and
a. Legitimpte.GIOdr4anctOesoe4dan s 6. When only collateralj tives of the adopted survive, then the
b. iiiegmateNchiidsorTnnTsall ts (i26): ordinary rules of legal4dr succession shall apply (FAMILY CODE.
c. In default oflh(foregoingAlegillfZe are Art. 190).
e Surviving SpouseISS) (CIVIL CODE;NA f387),0
Q: Determine the legitim ompulso heirs (CH).
0: What are the pertinent amendments under the Frriil odp) h respect to the ANS: The legitime of ulsory heirs s follows.
enumeration of corpOlsory1,41eirs? t •,
ANS: There is nã more distinction between acknOwledged--rilt at children and )ETERMIN1I1OJ OF LEGITIM
illegitimate children under the Family Code They are all cctnoic14- as illegitimate. Surviving Heir Legitirne Notes
Thus, the 5.4 ratio-Under the-29" paragraph.drArticle 595na loner ap ies.
iz i.
- 1- - i f v'•--;:, LC D by the nu • ber . LC, hether they
Q: What is theieffefaivherra'dtSkiositrbn islor a ar le tion? su - alone i 7 : 6 9 * H (CIVIL
ANS: When th4.,dispoAtion is for valtiable'cOns; Alton, t diminution of the -,‘ C• • Art 888)
estate but merelSt a subkitutkin otAtues,1 th ‘Vtlie' property sol is replaced by the
equivalent monetety consr ratiOn 08;3'0 song 0.'Esti o 136773, June 25, 1 LC T itime of the SS shall be taken only from
. A..." the •, ..n CIVIL CODE, Art. 892).
2003) '<
\ „ i r ,,,,, — SS IA -- aration, the surviving
Q: What are the ru14-s,, ft-1.4ga or on to the estate of the spouse may inherit if it was the deceased who
adopted? ' "•-s I had given cause for the same (CIVIL CODE,
ANS: In legal and intestate suc essioi—tha,a er(s) and the adoptee shall have Art. 892).
reciprocal rights of succession without distinction from legitimate filiation_ However, if the
adoptee and his/her biological parent(s) had left a will, the law on testamentary 2 or more LC V2 Divide by the number of LC
succession shall govern (R.A. No. 8552, Sec 18). SS Same as that The legitime of the SS shall be taken from the
In intestate succession, the adopter and the adoptee are mutually legal or of each LC freexportion (CIVIL CODE, Art. 892).
intestate of each other. The biological parents will not get anything because all legal ties LC yz The legitime of the IC shall be taken from the
are severed as between them. in testate succession, if the adoptee and his/her
free portion (CIVIL CODE, Art 895).
biological parents had left a will, the law on testamentary succession shall govern.
IC 1/2 of 1 LC
Considering that all legal ties are severed between the adoptee and his or her biological
parents, the latter shall not inherit anything by way of legitime. However, if there is still a .,,,i
free portion left on the estate of the decedent-adoptee, he or she can give the same to LC If there are 2 or more LC, the legitime of the SS
his or her biological parents via a stipulation in a last will or testament (STA. MARIA, is the same as that of each LC and it shall be
Persons supra at 737-740). taken from the free portion (CIVIL CODE. Arts.
SS ,A 897-898).
Note - Alternate Answer: It is not clear whether Sec. 18 of R.A. No. 8552 repeals Art
190 of the Family Code providing for the specific rules applicable in legal or intestate The legitime of the IC shall be taken from the
succession to the estate of the adopted child since only provisions of R.A. No. 8552 are free portion provided the total legitime of such
deemed repealed. modified, or amended by the latter (SEMPIO-DIY, Handbook on The IC shall not exceed the free portion and that the
Family Code (2013), 323 Thereinafter SEMPIO-DIY, Family Code)). legitime of the SS must first be fully satisfied
_
 CIVIL LAW
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Surviving Heir Legitime Notes Surviving Heir I Legitime Notes

IC 'Yz of 1 LC (CIVIL CODE, Art 895, par. 3). SS Grandparents and other ascendants are
The presence of several illegitimate children excluded (CIVIL CODE, Art. 903).
results to division of the legitime equally among LCD - Legitimate Children and Descendants
them, if such exceeds the free portion - this is
SS - Surviving Spouse
based on the principle that their legitime are
LPA - Legitimate Parents and Ascendants
first to be reduced due to preference.
ICD - Illegitimate Children and Descendants
% Legitime is fixed at '/, whether they survive IP - Illegitimate Parents
LPA
alone or with other classes of CH, Rule applies CH - Compulsory Heirs
in default of LCD of decedent; otherwise, they
are excluded (CIVIL CODE, Art. 889). Q: What happens if an illegitimate child dies before the testator?
ANS: When an illegitimate child dies before the testator, his rights to the legitime are
LPA ,A The V. to which IC is entitled is taken from the transmitted to his own heirs. Representatives may either be legitimate or illegitimate
,„„frea.poll CIVIL CODE, Art 896). descendants (CIVIL CODE, Art. 902).
IC *ell, a b ided in equal shares among
. Q: When are illegitimate grandp ed to their legitime?
...-"' 1---}‘ ANS: Inheritance is only up to th parents. Illegitimate grandparents are not
considered compulsory heirs (B ttin s and Jurisprudence in Civil Law
._
SS '4,, / ' , The,-Iegrifirpe f‘th s'6 be taken from the (Succession) (1998), 258 jherema
.'-' freetportfori , A 893).
.. . (C/Ct/L -
_, .. — f Q: What are the rules o f legitimate par j s and ascendants?
LPA
..
r --, '4/ L.
1 _ .lh gitime..o he S lan1:01 shall be taken
- .., po ion
from the
ANS: The rules are th
1. The legitim een the LPA
„, • .. -, 2. If one of shall pass to vor; and
SS / ,. .Triki.rerilaising 118 may. ,---4 disposed of by
' th'i &Stator (C/ L -,.C, OD , Art. 99).
, --- 3. If r but is:
, a. equal d shall be divided
IC •-• . ,, „..,,
, • r, _,. ,,,-...,, , an
lc ' i'
V..,
I 2
:
Divi 8:*
-- - --.. •
piong e IC IVIL CODE, Art. diffdem
rent ime shall pertain
N. ' `,..q01 (CIVIL CODE, Art. 890).
'N. • '-' . , .1
, d-
SS '1\1/3 • _ i, . Q: How shall the leg and Illegitimate children be
IC ill in /31s, at the free disposal determined?
-c ANS: The surviving s entitled to a egitime the amount of which varies
- of h es,tatqs ODE, Art. 894).
depending upon wheth survives alone or concurrently with other compulsory
IA Lanadia 0 - is in articulo mortis and the heirs. In case of illegitima en, the amount of their legitime varies depending upon
SS
deceased dies within 3 months BUT they have whether they inherit alone or as a class or concurrently with other classes of compulsory
been living as husband and wife for more than heirs. The legitime of the surviving spouse and the illegitimate child shall be taken from
five years, the remaining 1/2 shall be at the free the free portion of the estate, provided, that:
disposal of the testator (CIVIL CODE, Art, 900). 1. In no case shall the legitime of the illegitimate child exceed the free portion;
and
1/3 If marriage is in artIculo mortis and spouse dies 2. The legitime of the surviving spouse must first be fully satisfied (CIVIL
within three (3) months after the marriage, the CODE, Art 895, par. 3).
remaining 2/3 shall be at the free disposal of
the testator (CIVIL CODE, Art. 900), Q: In case of legal separation, is the widow or widower entitled to the legitime?
% ANS: The widow or widower will be entitled to succeed only when he or she is the
IP The remaining 1/2 shall be at the free disposal innocent spouse. The offending spouse shall be disqualified from inheriting from the
of the testator (CIVIL CODE, Art, 903). innocent spouse by intestate succession. Moreover, provisions in favor of the offending
spouse made in the will of the innocent spouse shall be revoked by operation of law
IP Excluded
(FAMILY CODE, Art 63, par. 4).
Any child it depends Children inherit in the amounts established in
Note: In case of annulment of marriage, the guilty spouse is disqualified to inherit from
the foregoing rules.
the innocent spouse both by testate and intestate succession (FAMILY CODE, Art.
IP % Only the parents of IC are included. 43(5) in relation to Art. 50).
la>
Q: What is "reserve troncal"?
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Q: What are the theories on the value of reserve?

<41E1
inherits from his ANS: The theories on the value of reserve are:
ANS: It is the reservation by virtue of which an ascendant who
title from
descendant any property which the latter may have acquired by gratuitous 1. Reserve maxima — the reserve should apply to the property
that has been
or a brother or sister, is obliged to reserve such property as he may gratuitously acquired from some ascendant, brother or sister, that can
another ascendant, be
are within the 3rd
have acquired by operation of law for the benefit of relatives who included within the legitime of the reservista; the reserve is 'A of the
estate
(CIVIL CODE, Art. 2. Reserva minima — all the property passing to the
degree and who belong to the line from which said property came reservista must be
891). considered as passing partly by operation of law and partly by will;
hence '/2
of the properties acquired gratuitously by the descendant
from his
Q: What are the requisites of reserve franca'? (GOD) ascendant should be reservable, and the other half should be
established: free
ANS: For reserve troncal to be present, the following requisites must be (TOLENTINO, Succession, supra at 284).
Gratuitous title by the
1. The property should have been previously acquired by Q: What is the preference among reservatarios?
descendant from another ascendant or from a brother or sister;
of law by an ANS: Upon the death of the ascendant resenrista, the reservable property
2. The property should have been acquired by Qperation not to all the reservatarios as a class, but only to those nearest in
should pass,
ascendant from his descendant upon the death of the latter; and degree to the
legitime descendant (prepositus), excluding those reservatarios of more remote degree.
Note: The term operation of law applies to the transmission of the trance! merely determines the group .oyelatives to whom the property should be
Reserve
of testamentp,succesTion--ango the entire inheritance in case of
in case returned; but within that group the ind),V141 right to the property
not by should be decided by
intestate succeesiorbecaui-e in oije or Vkiater the property passes the applicable rules of ordinary infeitate' uccession, since Art. 891
273), does not specify
will, but by men:date °Flew (TOLENTINO: S4cdes,sion, supra at (Padura v. Baldovino. G.R. No. vo-pg ber 27, 1958).
in the Direct
3 The deseendarit,p,pld'have died-Inv ticket 01 legltioate issue
descenclin64 Who could-inherit-frau) hinil,411)RADVuccession, supra at Q: Can reservatarios or reserveps:ig e property,during the existence of
reservation? Olt
248“ —a , .if - !`'-- .., ^, -
l •-•—:,_. ? f
--

ANS: Generally, the reseryptarios do not tjave any ot er=rghg over the
property during
thoartie'sinvolved in reserVa troncal? . •‘, IT3 ' the existence of the reseniation (TOLENTr. 0, Succession, stfp4a at
Q: Who are I
295). However, the
are the parties involved:--- ---, reservatarios may dispOSe pf their riihrinlits uncertain and Conditional
ANS: The folldWingl_ , , form. Although
originally they cannot alienate at-iY- perfect ordefirüte right over the reserve
1. Origin-,...Ascendant or-brother or sister from whotethe property , property, they can
came. , . _ . alienate their right in its coetingept form. rtithey die before the reservista, they
\ transfer
lucrative title from nothing because they de not definitely..acqVire anything„,and the transfer
2. ProposituS - Descendant who 'acquired trieproperty by becomes void.
the foregoing: 7 A , __,' But if they survive tim, then the transmission is effective because they
have disposed
:3 Reseryista - As'Cetliziant who received th'ejoreoerty by operation of law from of that which definitely becomes theirs (TOLENTINO, Succession Sonia
at 297),
the descendant; acre ." J
- belonging to the line from Q: When can the right of representationJake place in reserve troncal?
. . within ,the ,.
ReservatarioS.- Relative_s.
ANS: There is a right of representation on'the Ran of the reservatarios who are
which the property. came (TOLENTINO Succession, seipra ,. at 285). within
the third degree mentioned by law, as in the-,,Caw'of,fl,ephews of the
deceased person
e":_mean? from whom the resery:able properyTeaitafiesieggs_eryatarios
Q: What does the "Iirie..froril_Which the property 'Cam, have the right to
represent their ascendants (Mendoia v. Delos Santos, G.R. No, 176422, March
which the property
ANS: There are two vgws -dn the interpretatioq,ertheIirie from 20, 2013)
maintains 'that the line, include ev'ery relative of the descendant
came", One view Q: What is the principle of nn -impairment of legitimes?
relative may not be
propositus within the third degreeltlIhe-sameliffe, although the ANS: The principle of non-impairment of legitimes states that the testator
Another view deems it cannot
related by consanguinity to the source or origin of the property. deprive his compulsory heirs of their legitime, except in cases expressly
the relative must specified by
necessary to consider the branch from which the property came so that law, Neither can he impose upon the same any burden, encumbrance,
related by consanguinity to the descendant-pr000situs, but also to the condition, or
not only be substitution of any kind whatsoever. (CIVIL CODE, Art. 904).
263-264).
source or origin of the property (JURADO, Succession, supra at
Q: When can the legitime be impaired?
property?
Q: What kind of title does the reservista acquire over the ANS: As an exception to the principle of non-impairment of legitimes, legitimes may
the property upon the
ANS: Since the ascendant-reservista acquires the ownership of validly be impaired under the following cases:
descendant-propOsitus subject to the resolutory condition that there must 1. A parent who, in the interest of his family, may order the legitime of the other
death of the
are within the third degree
exist at the time of his death relatives of the descendant who children be paid in case to keep any manufacturing, agricultural or industrial
is clear that all of the
and who belong to the line from which the property came, it enterprise intact (CIVIL CODE, Art. 1080, par.2);
although conditional and
attributes of the right of ownership belong to him exclusively, 2, Express prohibition of the partition of the estate for a period not exceeding
limited and revocable title.
revocable. As a consequence, the acquirer will only receive a 20 years (CIVIL CODE, Art, 1083);
may then rescind the
Therefore, after the death of the ascendant, the reservatarios 3. The family home shall continue shall continue despite the death of one or
encumbrance, because the condition to which it is subject has already
alienation or both spouses of the unmarried head of the family for a period of ten years or
been fulfilled (JURADO, Succession, supra at 273). for as long as there is a minor beneficiary, and the heirs cannot partition the
same, unless the court finds compelling reasons therefore (FAMILY CODE.
Art, 159); and
 4, Reserve Troncal (CIVIL CODE, Art. 891)
CIVIL LAW
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The collation or addition of the value of all donations inter vivos to the net
value of the estate;
Q: What is the validity of a renunciation or compromise of future legitime? 5. The determination of the amount of the legitime from the total thus found in
ANS: Every renunciation or compromise as regards future legitime between the person accordance with the rules established in Arts. 888 to 903 of the NCC:
owing it and his compulsory heir is void, and the latter may claim the same upon the 6. Imputation of the value of the donation inter vivos against the legitime of the
death of the former; but they must bring to collation whatever they may have received by donee, if made to a compulsory heir, or against the free portion, if made to a
virtue of the renunciation or compromise (CIVIL CODE, Art. 905) The rights of the heirs stranger; and
are merely inchoate because it is only perfected upon the testator's death (CIVIL CODE, 7. Distribution of the net estate in accordance with the will of the testator
Art 777) Hence, there is still nothing to renounce. In addition, no contract may be (JURADO, Civil Law Reviewer, supra at 592-593)
entered into with respect to future inheritance except in cases expressly authorized by
law (CIVIL. CODE, Art. /347, par 2). 0: What is the effect of inofficious testamentary disposition?
ANS: Testamentary dispositions that impair or diminish the legitime of the compulsory
0: May the compulsory heir demand the completion of his legitime? heirs shall be reduced on petition of the same, insofar as they may be inofficious or
ANS: Yes Any compulsory heir to whom the testator has left by any title less than the excessive (CIVIL CODE, Art 907).
legitime belonging to him may demand that the same be fully satisfied (CIVIL CODE,
Art 905) Q: What are the rules on reduction en inofficious testamentary dispositions
and inofficious donation inter vivo the legitime of the compulsory heirs?
0: What are the rules t",,be fo wed61 s ry,heir receives anything by ANS: As between donations or mortis cause (legacies and devises) and
gratuitous title from t e pre es donations inter vivos, preferen given to the latter (JURADO, Civil Law
ANS: Generally, a ilig .a pulsory heir r qie .q.tuitous title from the Reviewer. supra at 598) After th s been determined, the reduction shall be
predecessor is co Iderecti a3hanvaflt11egitgpe $ttt6id tf' y exceed the portion made as follows.
that can be freely Opp o they,shalr,be reduce n e alr- prescribed by the 1 Donations shall bedes itime can be covered,
.010
Code (CIVIL CO E,'ibt 90g-910). The ifillowinq are thee tions: reducing or al:Tutting, if ne ry, the devises or qacies made in the will;
1 If t pred ssor gave the compUlsory Air a • n'efon -nter vivos and he 2 The reductioln—of the de or legacies shall pro rata, without any
proy at it was riO116 be charged against t e (CIVIL CODE, distinction W;liptever. If or has direcect t a certain devise or
Arti 62)y legacy beaid Oreference t hers, it shel otsu er any reduction until
2 TeSta • ary dis • • sitions,made by the pr deces r compulsory heir, the .0eMiaveAbeeSi.a
1 pplied in rlltothepa nt 6f th
un i's4tti tesfetOT rovideS- thit ifshould rt of the legitime 3 If çe devisa,or„ legacy c8tisi of a usuf t or ife nutty, whose value
(C411,L E, \Ark 63). ‘on red reater an th e portion, the
_ /.. / K...." / co pulsory may rOo etween e testamentary
\ iti " from pre frit,
*ncorn ii et'eTe4
Q: Differentiate \\ ‘ / ,
ii::.1 provitio ering t the visee or lega part of the inheritance
ANS: The follow are ctho distih ok. iidOcri/plet gitime d preterition: of whict tl tst r could fre dispose (CIVIL CODE, Art 911)
iN ET-E'.).i.",epatuvraskp ,ERITI
Q: What is disinherita
Incomplete Legitime Preterition ANS: It is the act of ' test - }" '" ' .. .. ory heir of his legitime for
causes expressly sta by (CIVIL CODE, Art 915). The requisites are the
1 1ir y forg
As to the Nature Heir n711111 - I -omission of the heir.
P following:
of Omission 1. Cause must be e pressly stated by Law;
2. Effected only through a Valid will;
As to Amount of Less than the portion of the Total deprivation of legitime 3 Cause must be Certain and true;
Deprivation legitime. 4. Unconditional;
As to Remedy Remedy is to demand for Effect is the total annulment of 5. Total;
completion of legitime (CIVIL the institution of the institution of 6_ Cause must be Stated in the will itself;
CODE, Art 906). heirs (CIVIL CODE. Art. 854). 7. Will must not have been Revoked;
8. For an Existing cause; and
9. The heir disinherited must be Designated in such a manner that there can
Q: What is the procedure to be followed in the distribution of the hereditary estate be no doubt as to his identity (PARAS, Wills and Succession, supra at 380),
in testamentary succession if there are donations inter vivos?
ANS: There are seven (7) distinct steps in the distribution of the hereditary estate if 0: What are the effects of disinheritance?
there are donations inter vivos They are: ANS: The effects of disinheritance are the following
1 The determination of the value of the estate at the time of the testator's 1 Deprivation of the compulsory heir who is disinherited of any participation in
death; the inheritance including the legitime and free portion:
2 The determination of all deductible debts and charges which are chargeable 2. The children/descendants of the person disinherited shall take his or her
to the testator's estate; place and shall preserve the rights of compulsory heirs with respect to the
3 The determination of the net hereditary estate by deducting all of the debts legitime; and
and charges from the value of the estate;
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Q: What are the rights of the descendants of the person disinherited?

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property which constitutes the legitime (JURADO, Succession. supra at ANS: The children and descendants of the person disinherited shall take his or her
343) place and shall preserve the rights of compulsory heirs with respect to the legitime. but
the disinherited parent shall not have the usufruct or administration of the property which
Q: When is there an imperfect disinheritance? constitutes the legitime (CIVIL CODE, Art. 923).
ANS: Imperfect disinheritance occurs when the disinheritance is.
1 Without a specification of the cause, Q: Who are the persons that the testator may charge with legacies and devises?
2. For a cause the truth of which, if contradicted, is not proved; or ANS: The testator may charge the following with legacies and devises
3, When the cause is not one of those set forth in the Code (CIVIL CODE. Art. 1. Compulsory heir;
918). 2. Voluntary heir;
3. Legatee or devisee; and
Q: What is the effect of an imperfect disinheritance? 4. Estate (JURADO, Succession, supra at 345).
ANS: If the testator had made a disposition of the entire estate, imperfect disinheritance
shall annul the institution of heirs insofar as it may prejudice the legitime of the person Q: What are the effects of the status of the property given on the legacy/devise?
disinherited; but the devises and legacies and other testamentary dispositions shall be ANS: The following are the effects:
valid to such extent as will not impair CIVIL CODE, Art, 918). EFFECT ON THE ACY OR DEVICE
IMPEREECT I: - INNERITA v$: P TERITION Status of Property Given by Legatee/Devisee Effect on the Legacy/Devise
Imperfect Disinheritance Preterition
1. Belongs to the testator at Up i : Effectiv
As to Who is e-pepserrersinheate • n omitted must be
execution of the will until hi .6.v
Omitted a compulsory heir. r. • sory heir in the
d Ii e.‘ 2. Belongs to the te .0 ' at the litri:-.; of the Revoked
execution of the bu -alienat- ,, r"r.vor of
As to Whether Alway express Alw
a third person (C/ ils!E A - '57 r 2)
Express or Implied
,
1 3. Belongs to .0 testa lt,-the4tirn • the Legake/d - vi can demand
As to Whether Aiwa* ntenticia_a:_-117-2 /220.,01ari be intentional Or
executio I. the wllbt alienateein :-.71' or of reira6urse ent rom the heir or
Intentional or Not unintenkon ,.....
•,'; the legaP'-. oadev
k 0 usly • '. IVIL --', .,'.%1:--
CODE, A 33p24 .,
As to its Effect t I Of -inptifaiSii> Tt l annq ment of institution
eir- 2 heirs : 4. Does not belo stator at
r time Effective
/ the will is exec but has orde - : .;
As to Validity of Institill ri`--- ,-temainS,, 1 . y01 t/ Institulon is completely
Institution musIlbe -6-et11iTio e AnrttAed. the thing be acquir i rder that it i.
ttelh-awbeen-, Pal- to the legatee/de ee (C e•-•
r.e\.4.Z;\\•.. N-I'' / 93/) 1
(JURADO, Succession, supra'at 9) M '
5. Does not belong to tator at the time Void
Q: What is reconciliation? the will is executed and the testator
ANS: Reconciliation is the resumption of genuine cordial relationship between the erroneously believed that the thing pertained
testator and the disinherited heir, approximating that which prevailed before the testator to him (CIVIL CODE, Art. 930)
learned of the cause for disinheritance, reciprocally manifested by their actions
subsequent to the act of disinheritance 6. Does not belong to the testator at the time Effective
the will is executed but afterwards becomes
Q: What are the effects of subsequent reconciliation between the offender and the his by whatever title (CIVIL CODE, Art. 930)
offended party?
7 Already belongs to the legatee/devisee at the Ineffective
ANS: The effects are as follows:
time of the execution of the will, even though
1 If no disinheritance has been made yet, no disinheritance can now be done:
another person may have interest therein
2. Disinheritance already made is rendered ineffectual it is as if there had
(CIVIL CODE, Art. 932)
been no disinheritance at all; and
1 The heir will receive everything that he would have received had there been 8. Already belongs to the legatee or devisee at Ineffective
no disinheritance, whether it be under the provisions of the will or by the time of the execution of the will even
operation of law (TOLENTINO. Succession, supra at 373). though it may have been subsequently
alienated by him (CIVIL CODE, Art. 933)
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When the conflict is exclusively among legatees and devisees as when
Status of Property Given by Legatee/Devisee Effect on the Legacy/Devise there are no compulsory heirs and the entire estate is distributed by the
testator as legacies or devises; or
9 Testator had knowledge that the thing Legatee/devisee can claim nothing 2. when there are compulsory heirs, but their legibme has already been
bequeathed belongs to a third person and by virtue of the legacy/devise provided for by the testator and there are no donations inter wvos
the legatee/devisee acquired the property (JURADO. Succession, supra at 363).
gratuitously after the execution of the will
(CIVIL CODE, Art, 933, par 2) Q: What are the grounds for revocation of legacies and devises? (TALO)
ANS: The grounds for revocation of legacies and devises are the following:
10 Testator had knowledge that the thing Legatee/devisee can demand 1. Revocation by Transformation - Testator transforms the thing bequeathed
bequeathed belongs to a third person and reimbursement from the heir or in such a manner that it does not retain either the form or the denomination
the legatee/devisee acquired the property by estate it had;
onerous title (CIVIL CODE, Art. 933, par. 2) 2. Revocation by Alienation - Testator by any title or for any cause alienates
the thing bequeathed or any part thereof, it being understood that in the
latter case the legacy or devise shall be without effect only with respect to
Q: What happens in case of repudiation, revocation, or incapacity of the legatee
rn a...... , ......, the part alienated, except wh the thing should again belong to the testator
or devisee?
T ' . after alienation effected b of the exercise of the right of repurchase,
ANS: In case of repudiati ocatiqn qr t pas' f the legatee or devisee, the
3. Revocation by Loss/d- Thing bequeathed is totally lost during the
legacy/devise shall be e ta-s-s e Ver estate, except in cases of
lifetime of the testator death without the fault of the heirls (CIVIL
substitution and of th ig
CODE, Art. 957);
4. Other causes, such as,
Q: What is the 9fent of e legacy of credit_andiega y 'of w r of credit?
a. Nullity of the iv li, '
ANS: The legaOtit.i ybedit against a thfrd pWrson o o on or release of a
b Non-corVance with nsive con ecting the bequests;
debt of the legatee shaf be fectivonli is regards tat Pàcpff tit or debt existing
c Sale oI49t thing to p debts of the decfj1d during the settlement
at the time of thb,cleattl of the estator4CIVIL CODE-,A
of his a , te; and .
1 1 '
d Revcatiortgblegacy of - .redit against a third kerson or of remission
Q: When do iegaci4 of credit and waiver of credit lapse? .........,4
t of‘theUegatee, b nging an a garitst the debtor for the
ANS: The legaisi credit; d waiver of credif shaltlap,se if he testator, after having
ayment,
.. of his debt ((VII. . ODE, Art. 36).
made it, should br̀7)g n ectikricstigeinst-the-clebter-f
\ thezpa en his debt, even if r
such payment Shi?3,11d ,ot ha4'61) tiffe-Of hi death (CIVIL CODE, Art
b\en effected it th ,., —
935) i• ,
t.„,,
-,,,,
• -;;,.: .,„„
,.- 1 e • / ,,,. 1
76:°ffi4biT„E$7A 'titiookt.rzt,
\
0: What are the catAes o testa ? HI)
Q: What is the validity of a legatycof gen rioperiOnakPrope ANS: The causes of intestacyiare as fol
ANS: A legacy of kneric p' rtaLprdclettY 'shall be,,41" evei there be no things of 1 If a person'Aeszwithout a i a void will, or one which has
the same kind in the eskatetillf - r -7tr
-1a.44-T / subsequentlgost its
.,S ,A `...„, ), '''' 2. When the vij doe t Institute an heir to, or dispose of all the property
0: What is the validity of ihs:creAse of dpenc'reap:troperty? belonging toltejestator (In such case, intestacy takes place only with
ANS: A devise of indeterminatei-tallaraperty,shalrbe valid only if there be immovable respect to the urtdirbosed portion);
property of its kind in the estate (CIVIL CODE, Art. 94/, par. 2) 3. If the Suspensive condition attached to the institution of an heir does not
happen or is not fulfilled;
Q: In terms of legacies or devises, what is the order of payment should the estate 4. If the Heir dies before the testator, repudiates the inheritance, there being
be insufficient to cover all the legacies or devises? (RP-SEDA) no substitution, and no right of accretion takes place; or
ANS: The order of payment will be as follows: 5. When the heir instituted is Incapable of succeeding, except in cases
1. Remuneratory legacies or devises, provided in the Civil Code (CIVIL CODE, Art. 960).
2. Legacies or devises declared by the testator to be Preferential;
3. Legacies for Support, Q: What is the "rule of preference between lines"?
4. Legacies for Education; ANS: The rule provides that those in the direct descending line shall exclude those in
5 Legacies or devises of a specific. Determinate thing which forms a part of the direct ascending and collateral lines, and those in the direct ascending line shall, in
the estate, and turn, exclude those in the collateral line (JURADO, Succession, supra at 380)
6 All others pro rata (CIVIL CODE, Art. 950)
Q: What does the "rule of proximity" provide?
Q: When does the order of payment under Art 950 apply? ANS: The rule provides that the relative nearest in degree excludes the more distant
ANS: In cases not included within the scope of Art. 911, Art. 950 applies The order of ones, saving the right of representation when it properly takes place (CIVIL CODE, Art
payment in Art. 950 only applies- 962). This rule is subordinate to the rule of preference between fines (JURADO.
Succession, supra at 381).
Q: What is the "rule of equal division"?
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representation may take place, it is necessary that the representative himself be
ANS: The rule of equal division provides that relatives in the same degree shall inherit capable of succeeding the decedent (CIVIL CODE, Art 973)
in equal shares. However, the following are the exceptions to such rule.
1. Division in the ascending line (between paternal and maternal Q: When does right of representation take place?
grandparents); ANS: The right of representation takes place in predecease, incapacity, and
2. Division among brothers and sisters, some of whom are of the full and disinheritance (JURADO, Succession, supra at 390).
others of half-blood.
3 Division between legitimate and illegitimate children; and Q: What should be the status of the person represented in testamentary
4. Division in cases where the right of representation takes place (JURADO, succession in order for right of representation to take place?
Succession, supra at 381-382). ANS: In testamentary succession, the person represented must be a compulsory heir
of the testator in the direct descending line because a voluntary heir cannot transmit any
This rule is subject to the rule of preference between lines.
right to his own heirs in case he dies before the testator. A compulsory heir in the direct
descending line, on the other hand, can transmit his rights, but only with respect to the
Q: What is the distinction between direct line and collateral line?
legitime (JURADO, Succession, supra at 390-391),
ANS: The direct line is constituted by the series of degrees among ascendants and
descendants (CIVIL CODE. Art. 964, par.2). On the other hand, the collateral line is
Q: How shall the division of estate he. made whenever there is succession by
constituted by the series of degtees—arno-ng- ons who are not ascendants and
representation?
descendants. but who comefrorrca corn or') ance%, stor(Cl/IL CODE, Art. 964, par. 3).
ANS: The division of the estate ade per stirpes, in such manner that the
Note: An illegitimate childis a, relative w thefirdciyil *fee of consanguinity of his representative or representative inherit more than what the person they
biological mother. Thaet word "chIld'In Art. 966 IS—tiS*.a,d heral term and is without represent would inherit, if he were d inherit (CIVIL CODE, Art. 974).
qualification (In re:,,Petiti,00ldf- Actoptiorr-okian„Apurel .R.'N. 205752, October 1,
2019). .— Q: What is "division per stirpo"?
.. . .. ANS: Division per sbrpe4inade when e sole descen or group of descendants
r
Q: What is full . lood and h 'If-blood relationship? V. represents a person i lci1it9state s ion. The sole sentative or group of
ANS: A full-bl oci/el tons p--ts--that-exjsting betwen per's04 Wtio have the same representatives are cottLegias one Thus, should a be survived by a son
father & the 54ne..aiqher (C IL 'qODE, Art.-967),:Me nwhileXalialglood relationship and four children o oth&on4 who h predeceased n the estate will be
is that existing eV n persol)s who•bave-,thesame f her, bu ncitalie same mother, or divided per sttrp Of 'will tip' 1.r„iided into o equal pa half is given to the
the same mot i, tit ot the•S'ame fatherle/VIL COD M. 9 , pd. p. surviving son nd th, other hafi4 is ually divi ual/V4 among the four
, grandchildren:?
Q: What hap no if khera,are,\several iialqtives•Af, ffie spme d ree and one or
some of them are unwilling Or ,ittCa ad 'fed to/sut-Eeed?, Q: When the chit hers or siste he deceased survive,
."
ANS' His portiOb shall accrueto-4 ties'et-t ' / sa ' degree', save the right of how shall they inh om
representation whfltri it should, ta ' a - 0.9 968) / ANS: They shall inlTêri ,by r rrvive with their uncles or aunts. But
if they alone survive, th IL CODE, Art 975).
Q What happens if 'the ir(h t4rice,,444,e,pudiated4by #,onearest relative, should
there be one only, or by all the, tifarestkreAatiya s0 here be several'? Q: Why is an adopted owed to represent his adopter who predeceased
ANS: Those of the followirigktt ee shalNi*Otili • own right and cannot represent his legitimate parents?
the person or persons repudiatinglib, tnhentencal Wit_ CODE, Art 969) ANS: An adopted child can a inherit from the legitimate parents or ascendants of the
adopter either by representation or in his own right. The relationship established by
0: What is "right of representation"? adoption does not extend to the relatives of the adopting parents or of the adopted child
ANS: It is a right created by fiction of law, by virtue of which the representative is raised (Teotico v. Del Val, G.R. No. L-18753, March 26, 1965)
to the place and the degree of the person represented, and acquires the rights which
the latter would have if he were living or if he could have inherited (CIVIL CODE, Art Q: What is the effect regarding the right of representation in a situation where an
970)_ inheritance has been renounced?
ANS: A person may represent him whose inheritance he has renounced (CIVIL CODE,
0: Who does the representative succeed? Art. 976). If a child repudiates his inheritance when his father dies, he may still represent
ANS: The representative is called to the succession by the law and not by the person the latter, when subsequently, his grandfather dies (JURADO, Succession, supra at
represented. The representative does not succeed the person represented but the one 399-400),
whom the person represented would have succeeded (CIVIL CODE, Art 971) This
modifies the rule on proximity (CIVIL CODE, Art. 962). Q: Can a renouncer be represented?
ANS: Heirs who repudiate their shares may not be represented (CIVIL CODE, Art.
Q: When does the right of representation take place? 977)
ANS: The right of representation takes place in the direct descending line, but never in
the ascending. In the collateral line. It takes place only in favor of the children of brothers Q: What is the order of succession?
or sisters, whether they be of the full or half-blood (CIVIL CODE. Art. 972). In order that ANS: It depends.
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1. Legitimate children or descendants (LCD); ANS: The following are the divisions:
2 Legitimate parents or ascendants (LPA); PROPORTION OF INTESTATE SHARE
3. Illegitimate children or descendants (ICD);
4. Surviving spouse (SS); Surviving
Heir Intestate Share
5. Brothers and sisters, nephews and nieces (BS/NN);
6. Other collateral relatives within the 5th degree (C5); and
Any class Entire estate
7 State (JURADO, Succession, supra at 401).
alone
In Irregular Order of Succession (Decedent is an illegitimate person).
1. Legitimate children or descendants (LCD); LC Entire estate
2. Illegitimate children or descendants (1C0); LP Excluded
3 Illegitimate parents (IP);
4. Surviving spouse (SS); 1 LC 1/ 2
5. Brothers and sisters, nephews and nieces (BS/NN), and
SS '12
/ (Arcenas v Crnco, G.R. No. L-29288, November 29, 1976)
6 State (JURADO, Succession, supra at 401-402)
2 or more LC Consider SS as 1 LC then divide estate by total number
Q: What is the "Principle stZ -A lusiott:
ANS: Under the Princip ePo x ion rs.49 e, in hç rder of succession exclude SS
those who were lowe n ft rd he tter e compulsory heirs they LPA i
preserve their rights 4:he ile, tti (7:ATaye, S ssioi ra at 457).
SS IA
Q: What is the "Jr4n lp of poncurtenc0"7. : •
[PA 'A
ANS: Under t i Pri le of Concurrence; tffe iIlegit iateçhjkei and the surviving
spouse, who a ,not ofly integate_b.eirc bufee..aIsa c4mpul 4 è4, even when they SS %
concur with le ifjpedt childrer ors with legitimate p,are ts, ar not-on entitled to their IC %
legitime but re ' lo given a 'share in.. the displ,sabte ree rtion (JURADO,
Succession, s4o 03))..--.,-, -4.,,.. ..-..,....,:.
. IP
.
SS
Q: What is th,, re4gar41i he 1:fardevifiebirKle,tiiti the illegitimate Thg rlw s ile4' ply ncurren., ' ,- 00 Succession
family (iron-cu in ru t)? . •, ,
ANS: The iron rtain nije st6fes t-al illkitlina* chip has n right to inherit ab —
intestate from thelegitima : chilSitepil4fal,iye ofhis fpther or 'pother; nor shall such % tr . .,
SS
children or reletivesipherit in e sa.r4e te frirftorr fegitir e child (CIVIL CODE, %
is. BS/NN
Art. 992). 1.. .r
1 LC First, isfy lejIfre. If estate would be insufficient, reduction must be
Q: What is the rule on ti rj1l f rep ep bah respect to the principle of made a o g o the rules on legitime. The legitime of LCD and SS
absolute separation between the illegitimate family? SS
shall always first satisfied in preference to the ICD
ANS: If the one who dies ahead of the testator is an illegitimate child, his right over his IC
legitime shall be transmitted to his descendants, whether legitimate or illegitimate (CIVIL
CODE, Art. 902). Both of them may represent their illegitimate parent in the inheritance. 2 or more LC First, satisfy legitime. In case of excess in the estate, distribute such
However, a legitimate child shall get a legitime twice that of the illegitimate child SS excess in the proportion 1:2:2. in accordance with the concurrence
(FAMILY CODE, Art. 176). theory.
IC
If the one who dies ahead of the testator is a legitimate child, his right over his
legitime shall be transmitted only to his legitimate children pursuant the rule of barrier
between legitimate and the illegitimate family which provides that illegitimate child has tY.A:#07,4040,W40.1 47 T/IM:'$.UCCESICIN
.1474/bWittOtAfitik
no right to inhent ab intestate from the legitime (CIVIL CODE, Art. 992). Hence,
illegitimate children cannot represent their legitimate parent with regard to the 0: What is "accretion"?
inheritance coming from the legitimate ascendants of the latter (JURADO, Succession, ANS: Accretion is a right by virtue of which, when two or more persons are called to the
supra at 419). same inheritance, devise, or legacy, the part assigned to the one who renounces or
cannot receive his share, or who died before the testator, is added or incorporated to
Q: What is the effect of a disposition made in general terms? that of his co-heirs, co-devisees, or co-legatees (CIVIL CODE, Art. 1015) Accretion is a
ANS: A disposition made in general terms in favor of the testator's relatives shall be right, not an obligation, and may therefore be accepted or repudiated by those entitled
understood to be in favor of those nearest in degree (CIVIL. CODE, Art. 959). Only the (PARAS, Wills and Succession, supra at 537).
rule of proximity applies (e.g. 'to all my relatives") (JURADO, Succession, supra at 375).
 CIVIL LAW
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Q: Who may effect the partition of the decedent's estate?
ANS: The partition of the decedent's estate may be effected by the:
1, Decedent himself during his lifetime by an act inter vivos or by will (CIVIL
CODE, Art, 1080);
2 Third person designated by the decedent by means of an act inter vivos;
3. Will (CIVIL CODE, Art. 1081);
4. Heirs themselves (CIVIL CODE, Arts. 1083, 1084), or
5 Competent court in accordance with the Rules of Court (JURADO, Civil Law
Reviewer, supra at 686).
Q: What are the effects of a rescinded or nullified partition?
ANS: The effects of a rescinded or nullified partition are the following:
1. The heir who is sued shall have the option of indemnifying the plaintiff for
the loss, or consenting to a new partition made. If a new partition is made. it
shall affect neither those who have not been prejudiced nor those have not
received more than their just share (CIVIL CODE, Art. 1101),
2. A partition which includes a person believed to be an heir, but who is not,
shall be void only with respect to such person (CIVIL CODE, Art 1105).

Q: What are the rules to be applied if the partition was made inter vivos? VI. OBLIGATIONS
ANS: The rules regarding ordinary conveyance of personal and real properties must be
followed, (JURADO, Succession, supra at 529) The partition inter vivos made by the
testator is a mere manifestation of his will; and since such will is subject to change until
;414
his death, the partition may be changed until the last moment of his life (TOLENTINO, Q: What is an "obligation"?
Succession. supra at 598). ANS: An obligation is a juridical necessi to give, to do or not to do (CIVIL CODE, Art.
1156).
Q: What are the effects ()flied n
Q: What are the elements of an (JOAP)
ANS: The effects of partition are t liowing;
ANS: The obligation is constitu concurrence of the essential elements
1 It confer upon - eaiiF heir the ex usite ownership of the property
thereof, viz:
adjudicatea(cilf‘C ErAirT091. ,
1. The vinculum juris o ent cause established by
2. After)VertiXn, e co-heirs shall be rec robRlirlistu d to warrant the title
the various so quasi-contracts, delicts
to (w,arrante gai st evictiorv).andfthe qu lity ty against hidden
and quasi-
defercts) eq h prdperty adjudicated (CIVIL OD 92). An action to
2. The 2bjec lion or conduct,lekred to be observed (to
enfbr'6,6;vcrqrranty a'-Miirrg- 65:1-TOTrs rriust Fe-Pought j2j ten (10) years from
give, to do
theldbtethe right of action accrues (CIVIL CODE, 4f 1094)
_ . 1 3. The subi d from the dOmailda ility of the obligation,
are e Passive bl r) bjects (The Wellex
Q: When may $artition be rkscinclea?- -
Ltd., G.R anuary 14, 2015).
ANS: Partitio rpartA resbinOeci:
1. For hese* casisq.,*:as contras (Cl Q: What are th ,sourses•
2. Whet) partitibri is reladeby,the eSta on the ground of ANS: Obligatione-ari
lesio en. . 1 Law; .1*
a. TI legitimb f the'cr?M,P111Finitiey'S erebytph/judiced; or 2. Contracts;
b. It a4Ppears 'be resift:7)0, at. the intention of the 3 Quasi-Con
testat vas the i M&&5D 4rt,,1 9). 4. Acts or Om ed by law; and
3 When partitions,Inad9: by ot1e4 4 tesJa r. it may be impugned when 5. Quasi-delic DE, Art. 1157).
any one of the co:Fi r receivedlthin „,.wh se value is less, by at least one-
fourth, than the share to e entitled, considering the value of the Note: The list of sources CLUSIVE (Sagrada Orden v NACOCO G R No. L-
things at the time they were adjudicated. (CIVIL CODE, Art. 1098). 3756, June 30, 1952).
4. The action to rescind the partition must be brought within 4 years from the
time the partition was made (CIVIL CODE, An, 1100).
5. The heir must not have alienated the whole or a considerable part of the real Q: What is an "obligation to give"?
property adjudicated to him, but he shall have a right to be indemnified In ANS: An obligation "to give" is a prestation which consists in the delivery of a movable
cash (CIVIL CODE, Art. 1102). or an immovable thing in order to create a real right, or for the use of the recipient, or for
6. The omission of one or more objects or securities of the inheritance shall not its simple possession, or in order to return it to its owner (Philippine National
cause the rescission of the partition on the ground of lesion, but the partition Construction Corp. v. Court of Appeals, G.R. No. 116896, May 5, 1997).
shall be completed by the distribution of the objects or securities which have
been omitted (CIVIL CODE, Art, 1103). Q: When is a thing specific or determinate?
7. A partition made with preterition of any of the compulsory heirs shall not be ANS: A thing is determinate when it is particularly designated or physically segregated
rescinded, unless it be proved that there was bad faith or fraud on the part from all others of the same class (CIVIL CODE, Art 1460).
of the other persons interested; but the latter shall be proportionately obliged
to pay to the person omitted the share which belongs to him (ClVIL CODE, Q: When is a thing generic or indeterminate?
Art 1104), ANS: A thing is generic or indeterminate when it is designated merely by its class or
genus without any particular designation or physical segregation from all others of the
same class, the loss or destruction of anything of the same kind even without the
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debtor's fault and before he has incurred in delay will not have the effect of 0: When does the obligation to give or deliver arise?
extinguishing an obligation (Gaisano Cagayan, Inc. v Insurance Company of North ANS: The obligation to deliver arises:
America, G.R. No 147839. June 8. 2006). 1_ Generally, the obligation to deliver the thing due arises from the time of the
perfection of the contract;
Q: What are the rights of a creditor in obligations to give a specific or determinate If the obligation is subject to a suspensive condition or period, it arises upon
thing? (SF2 RD) the fulfillment of the condition or arrival of the period.
ANS: The rights of the creditor in obligations to give a specific thing are 3. In a contract of sale, the obligation arises from the perfection of the contract
1. To compel Specific performance with right to be indemnified for damages even if the obligation is subject to a suspensive condition or a suspensive
(CIVIL CODE, Art 1165); period where the price has been paid;
2, Right to the Fruits of the thing from the time the obligation to deliver it arises 4 In obligations to give arising from law, quasi-contracts, .delicts, and quasi
(CIVIL CODE, Art. 1164), delicts, the time of performance is determined by the specific provisions of
3. If the obligor delays, or has promised to deliver the same thing to two or law applicable (DE LEON, Obligations and Contracts (2014), 36-37
more persons who do not have the same interest, the creditor has the right [hereinafter DE LEON, Obligations and Contracts])
to hold the obligor responsible for any Fortuitous event until the latter has
effected delivery (CIVIL CODE, Art. 1165, par 3); Q: Distinguish personal right from real right.
4, To demand Rescission , .. '.ation with right to recover damages, ANS: The distinctions are as follows:
should the obligar e rec r DE. Art 1191); and
PERSON T vs. REAL RIGHT
5 To demand o D m g11k e 'or party Is guilty of fraud,
negligence •r eyn ,=. - c'ofh ligation, and those rules Personal right Real right
in any m no the tenor th IV .DE, Att. 1170).
A personal right is the right or ht is the " ht or interest of a person
Q. What are tfte,,dblig ion of a debtor- in ob lye a specific or a person (creditor) to dema hing (like ownership,
determinate thifig?1PF _ another (debtor), as a de pass? • ssessi e, lease record) without
ANS: The obli lations f the ebtor in obligations to gi a s g are:. subject, the fulfillme the latte definite passive ject against whom the
1 To e or t e Care otp:he thing du with gfper of a obligation to give, to Rot to do. ght may be pe enforced.

2
3
r of a mil&rilesslenotheAtan ard of ere
sti ulaied y the rties4CIVieCODE, Art 1163);
ToVairee5t, he rujt of the thirtg
ssions, a
ClVICTfZf,EJ M.
acce-k es of
164/: r red by law or

although not
(DE LEON, Obligati°

Q: What is th': :ture the creditc"

ANS: The c f i ia htt.,thefru
cfs, s at 37)

to the f
the
er Article 1164?
he obligation to
deliver it arise IVIL CtiD Art.
4 To deliver t Thingut Th nnotpompel the creditor
to rete a di —ererit /f2
ay be "the same value as, Q: When does the riad right over the fruits contemplated under
or mor valuab than \that di- ib,due ee CIV CODE, Arts. 1163. Article 1164?
1233. 124i, as to- 'Of-ciefitee*•Aff 97i4,0409, and ANS: The creditor sha re no real e same has been delivered
5 To be liable, (frit /D es—itr* se'\' f deA, fraud, negligence Of to him (CIVIL CODE. A 1164).
contravention of4erio7t ereof filti., bG,DE;;Atf. 1170)
Q: What are the fruits co_ lated under Article 1164?
Q: What are the rights of a crrdittirlif obligations to give a generic or ANS: The fruits c,ontempWiinder Article 1164 are the natural industrial, and CIVII
indeterminate thing? (POR) fruits as defined in Article 442 of the Civil Code
ANS: The rights of the creditor in obligations to give a generic thing are.
1 To ask for Performance of the obligation (JURADO, Obligations and Q: What is an "obligation to do"?
Contracts, supra at 46); ANS: An obligation "to do" includes all kinds of work or service (Philippine National
2 To ask that the Obligation be complied with at the expense of the debtor Construction Corp. v Court of Appeals. G.R No. 116896, May 5, 1997).
(CIVIL CODE. An . 1165, par. 2); and
3 To Recover damages for breach of the obligation by reason of delay, fraud, Q: What is an "obligation not to do"?
negligence or contravention of the tenor thereof (CIVIL CODE, Art 1170) ANS: An obligation not to do consists in abstaining from some act (4 TOLENTINO.
Civil Code (2002), 58 [hereinafter 4 TOLENTINO, Civil Code]).
Q: What are the obligations of a debtor in obligations to give a generic or
Q: What are the rights of a creditor in obligations to do in case of non-
indeterminate thing? (DO)
performance of the obligation by the debtor or when the latter does it in
ANS: The obligations of the debtor in obligations to give a genenc thing are.
contravention of the tenor of the obligation?
1. To Deliver a thing which is neither of superior nor inferior quality (CIVIL
ANS: The creditor has the right:
CODE. Art. 1246).
1. To have the same executed at the cost of the obligor (CIVIL CODE, Art.
2 To be liable for Damages in case of breach of the obligation by reason of
delay, fraud, negligence or contravention of the tenor thereof (CIVIL CODE, 1167);
Art 1170) 2. To ask that it may be decreed that what has been poorly done be undone
(CIVIL CODE, Art. 1167); and
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3. To recover damages because of breach of obligation (CIVIL CODE, Art anticipated, as is commonly believed but it must be one impossible to foresee or to
1170) avoid. The mere difficulty to foresee the happening is not impossibility to foresee the
Note: A specific performance cannot be ordered in personal obligation to do because same (Sicam v Jorge, G R No. 159617, August 8, 2007).
this may amount to involuntary servitude which, as a rule is prohibited under Article Ill,
Section 18(2) of the Constitution {DE LEON, Obligations and Contracts, supra at 43). Q: What are the requisites for a fortuitous event to excuse the performance of an
obligation? (IFFI)
Q: What are the rights of a creditor in obligations not to do in case of ANS: The following are the requisites for a fortuitous event to excuse performance of
performance of a forbidden act by the debtor? an obligation.
ANS: The creditor, in case of breach of obligations not to do, has the right 1. The event must be Independent of the human will or at least of the obligor's
1. To have the performance undone at the expense of the obligor (CIVIL
CODE, Art 1168); and 2. The event could not be Foreseen, or if it could be foreseen, it must have
2 To ask for damages because of breach of obligation (CIVIL CODE, Art been impossible to avoid,
1170). 3 The event must be of such a character as to render it impossible for the
obligor to Fulfill his obligation in a normal manner, and
Q: What are the instances where the remedy provided for in Art. 1168 is not 4. The obligor must be free from any participation in the aggravation of the
available? Injury resulting to the obligeg Philippine Realty and Holdings Corp., G.R.
ANS: In the following instancea°,;ihe remedy 'MAO 'i16ks unavailable No. 165548, June 13, 201.1).,;,7
1. Where the effeCtsof,the act,which 'is foibidden.are definite in character -
even if it is,Poiaible ft?1,-,thetbligeele.a4ic thfit-the'act done be undone at the Q: What are the exceptions to ttiev the obligor is not responsible for those
expense of the obligbr, consequences ps'ermanegrfirtcharacter and contrary acts which could not be foreseeri, though foreseen, were inevitable?
to the object of the obtrViion will be Ofbduced;:end ANS: The following are the excepo4tó.t maitez,
1 When exoresslv s ifie `4:47A
2 Where 4t4s physidally or legally iMPossible t6\urieb*Wtlat has been done
beceifse Of he very nature of the act itself or) of a-dkovision of law, or a. The deb r. ' guilty tid, negligence or .delay or contravention of
because... of the te f the obligaigg CIVIL CODE, Art/ 11,70);
, corflicting_dghts_of thirci_jlerspns (..kiRADO, Obligations and
Contracts.;supra at 55) b The d as promiSedao deliver the same kpecific) thing to two or
.,. 1 more r 5- ho do r t have the s trie interest for it would be
t i. siblefoNbe debtor comply wit. his Obligation to two or more
Q: In the cases mentioned lathe Preceding qbestioll,what)i-fq itemedy available
to the obligee? '- . ' -- ----- --- -------/ I edito!s,.etien withoeitan fortuitous event taking 1?lace (CIVIL CODE.
, e . ,44 .r
ANS: In thesd cakart, the ohly\ remedy available tofthe, obligee- Wppld be to proceed it4./..66:74yr. 3), .
against the obli4or , for damages under Art 4170 of the tjURAD:0, Obligabons and c The debt of thir)g certain and deterrd%e roCeeds from a criminal
Contracts supra at ,- - o' 1 o se copg. Art,;1268), and
, 55) ' i d Th tifg tatoe deliVere s generic in accordance with the principle
1 i
Q: What is the rule en the trangrnissibilitybf o.b.ligpons? that us never perishet ODE, Art. 1263)
ANS: Subject to the)aws, alt rights are transmissible, 2 When decla 45- sti ulation s is the freedom of contract
if there has been no stObletioniO the CO711731.cry/L DErArt 1178) but there sli0 be cle Waft
3 When the nature ofithe obligation requires the assumption of risk - risk of
Q: What are the instances when-the_ggUs:acquiad by virtue of an obligation are loss or clarnee* n essential element of obligation (CIVIL CODE. Art
not transmissible? 1174; DE LEO!'), 0 gations and Contracts, supra at 82-84)
ANS: Obligations are not transmissible
1 Where they are not transmissible by their very nature such as in the case of Q: What is the presumption when there is a receipt of the principal of the
a purely personal right; obligation by the creditor?
2 Where there is a stipulation of the parties that they are not transmissible, ANS: The receipt of the principal by the creditor, without reservation with respect to the
and interest, shall give rise to the presumption that said interest has been paid (CIVIL
3 Where they are not transmissible by operation of law (JURADO, Obligations CODE, Art. 1176, par 1).
and Contracts. supra at 105-106).
Q: What is the presumption when there is a receipt of a later installment of a
Q: When is a debtor excused from performance of his obligation? debt?
ANS: Except in cases expressly specified by the law, or when it is otherwise declared ANS: The receipt of a later installment of a debt without reservation as to prior
by stipulation, or when the nature of the obligation requires the assumption of risk, no installments, shall likewise raise the presumption that such installments have been paid
person shall be responsible for those events which, could not be foreseen or which (CIVIL CODE, Art 1176, par. 2).
though foreseen, were inevitable (CIVIL CODE, Art 1174).
Q: What are the different modes of breach of obligations? (FNDC)
Q: What is a "fortuitous event"? ANS: Those who in the performance of their obligations are guilty of (1) Fraud (2)
ANS: Fortuitous events by definition are extraordinary events not foreseeable or Negligence, or (3) Delay, and (4) those who in any manner Contravene the tenor
avoidable It is therefore not enough that the event should not have been foreseen or thereof, are liable for damages (CIVIL CODE, Art. 1170).
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Q: What is "bad faith"?
ANS: Fraud is synonymous to bad faith. Bad faith does not simply connote bad
judgment or negligence; it imports a dishonest purpose or some moral obliquity and
conscious doing of a wrong, a breach of a known duty through some motive or interest
or ill will that partakes of the nature of fraud (Cathay Pacific Airways Ltd. v. Spouses
Vazquez, G.R No 150843, March 14, 2003).
0: What are the classifications of civil fraud and their distinctions?
ANS; Civil fraud may be classified into: (1) Fraud in the performance of an obligation.
and (2) Fraud in the constitution or establishment of an obligation.
The two may be distinguished from each other as follows.
Q: What are the kinds of negligence according to source of obligation?
ANS: The kinds of negligence are the following:
1. Civil Negligence, which may be:
a Culpa contractual - fault or negligence of obligor by virtue of which he
is unable to perform his obligation arising from a pre-existing contract
or
b. Cuba aquiliana/quasi-delict - fault or negligence of a person, whose
failure to observe the required diligence to the obligation causes
damage to another.
2. Cu/pa Criminal- fault or negligence which results in the commission of a
crime (JURADO, Obligations and Contracts, supra at 65- 66).

Fraud in the performance of Fraud in the establishment of an Q: What is the effect of a pre-existing contractual relation to the existence of
an obligation obligation culpa aquiliana?
ANS: The existence of a pre-existing contractual relation does not preclude the
As to Present only during_ the Present only at the time of the birth existence of culpa aquiliana. There may e an action for quasi-delict notwithstanding
commencement performan eft ore-eafin the obligation that there is a subsisting contract be he parties. A liability for tort may arise even
of existence obligat ' under a contract, where tort is that aches the contract Stated differently, when
As to purpose urpose mplo for the purpose of an act which constitutes a breachid would have itself constituted the source of
of employment a quasi-dehotual liability, the on e said to have been breached by tort.
r ,the consent of the other
igetidti thereby allowing the rules on tort 'can E ss International, Inc_ v
-ent Oita the contract
Corder°, G R No 138550, Oc Wier
As to result Its ri the non-f611111merit Re 'ton of consent; it
e obligation • 2' lo the other party Q: When does a perso‘liged t• •
to r or to do some incur in delay?
I employed for (OLTUR)
cont aft ANS: Those obliged mething inc fir d ay from the time the
, obligee judicially from them t fu illm nt of their obligation
As to remedy ves to a n riarthe a right of the However, the not be n ssa in ogler that delay may
dit6r, ask for the exist:
ageS contract if the 1. When the Obe • ;lion o La xpressly
or to recover 2 Whe lemitr•S• r ture a' i rcumstances • obligation it appears
ncidental. that the .4, • - •na of T n the thing is to be delivered or the service
(JURADO, Obligat ra is to be e dere was a co otive for the establishment of the
-s :et contract;
0: What is "fault" or'
ANS: The fault or neglig
which is required by the n
r e ob
of-
11.64:1t
e omission of that diligence
ion and corresponds with the
3. When de ifid wou
beyond his •wer
4. In Reciproca
• '4 •
rform; and
e obligor has rendered it

ons, neither party incurs in delay if the other does not

circumstances of the persons, of the time an of the place (CIVIL CODE, Art. 1173). It is
the failure to observe for the protection of the interests of another person, that degree of
care, precaution and vigilance which circumstances justly demand, whereby such other
person suffers injury. Verily, foreseeability is the test of negligence. It is the omission to
do something which a reasonable man, guided by those considerations, which ordinarily
regulate the conduct of human affairs, would do, or the doing of something which a
prudent and reasonable man would not do (R Transport Corporation v. Luisito G. Yu,
G,R. No. 174161, February 18. 2015)
Q: What is the "diligence of a good father of a family"?
ANS: The concept of diligence of a good father of a family connotes reasonable care
consistent with that which an ordinarily prudent person would have observed when
confronted with a similar situation (G.V. Florida Transport, Inc. v. Heirs of Balking. Jr.,
G R No 208802, October 14, 2015).
Q: When is negligence considered equivalent to fraud?
ANS. Where the negligence shows bad faith or Is so gross that it amounts to malice or
wanton attitude on the part of the defendant, the rules on fraud shall apply (CIVIL
CODE, Art 1173)
comply or is no ea.y to comply in a proper manner with what is incumbent
upon him. From the moment one of the parties fulfils his obligation, delay by
the other begins (CIVIL CODE, Art. 1169).
Q: In reciprocal obligations, when is demand still necessary in order that the
other may incur delay?
ANS: The general rule is that the fulfillment of the parties' respective obligations should
be simultaneous. Hence, no demand is generally necessary because, once a party
fulfills his obligation and the other party does not fulfill his, the latter automatically incurs
in delay. But when different dates for performance of the obligations are fixed, the
default for each obligation must be determined by the rules given in the first paragraph
of the Article 1169, that is, the other party would incur in delay only from the moment the
other party demands fulfillment of the formers obligation (Solar Harvest, Inc. v. Davao
Corrugated Carton Corp., G.R. No. 176868, July 26, 2010),
Q: What are the requisites of default by the debtor? (Ds)
ANS: The following are the three requisites for a finding of default:
1 The obligation is Demandable and liquidated;
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2. The debtor Delays performance; 4: What are the remedies available to the creditors for the satisfaction of their
3. The creditor judicially or extra-judicially Demands the debtor's performance claims? (SPA2)
(General Milling Corporation v. Spouses Ramos, G.R. No. 193723, July 20, ANS: The remedies of the creditors for the satisfaction of their claims are the following.
2011). 1. Specific performance, or the exact fulfillment of the obligation with the right
to damages;
Q: What are the effects of delay? 2. Pursue the leviable, or to exhaust the property in possession of the debtor
ANS: The following are the effects of delay: which are not exempt from attachment under the law;
1. In case of !flora so/vend!. 3. Accion Subrooatoria or to be subrogated to all the rights and actions of the
a. The debtor is guilty of breach of obligation; debtor except purely personal rights in the sense that they are inherent in
b. He is liable for interest in case of obligation to pay money or for the person of the debtor, such as rights arising from purely personal or
damages in other obligations (CIVIL CODE, Arts_ 2209 and 1170); and family relations or which are public or honorary in character (8 MANRESA.
c. He is liable even for a fortuitous event when the obligation is to deliver Fifth ed. Bk. 1, 267 (hereinafter 8 MANRESAJ).
a determinate thing (CIVIL CODE, Arts. 1165 and 1170). 4. Accion Pauliana or to impugn all the acts which the debtor may have done
2. In case of mora accioiendi: to defraud the creditor by means of rescissory action at the instance of the
a. The creditor is guilty of breach of obligation; creditor who is prejudiced (CIVIL CODE, Art. 1/77).
b. He is liable for dama if any, by the debtor;
c. He bears the ' o losofiththipi e (CIVIL CODE, Art 1162); 0: What are the requisites of acc gatoria? (IPE)
d. Where t obli bon he debtor is not liable for ANS: The requisites for the credi 'se accion subrogatoria are:
intere regilhe ti 1. Debtor to whom the ri properly pertains must be Indebted to the
e. The ebtoeect 'on by the consignation creditor;
of e thjogi or s 2. Creditor must be 2F action failure of the debtor to
3. In ca m ensation inorae: proceed against th ird
a. he tlay o the ob igor'cancels ou f the delay of the 3. Creditor mu first • ed or gxha . eft I the properties of the
/obligee and ice versa; debtor wh' re not ext.iipAid for execution 'DO, Obligations and
I ie both -pafties have corpmitt ejthe obligation, the Contracts, at 104) 7 - 14
1 bility of the firit infractOr shartie mpece or balanced by
urts.yNt dannotzbe.deterrnin rties is guilty of Q: What are the sit ccion pa no? (C-SO )
the-qiltract stthillie- deemed ui ied an each shall bear ANS: The es to creditor tOvx se accion lia a ar
\ ta,yot.n dafp,4cigi-TC-iVIL CODE, A 1. P r rescission s Or ation. although
\ " demandable
4- What acts a inch:Med in;the. p rase "in y'rnannercontralene the tenor" of 2 Debt° s a Sub - contract conv patrimonial benefit to
the obligation? \ /
a third
ANS: It includes rç,t only\i'hy‘illfit. z." irripairs e'strict d faithful fulfillment of 3. Creditor no er legal re atisfy its claim, but would benefit by
the obligation, but e e.ry kiqd of fêileipeKoçpi e tC , qst v. Colipano, G.R No rescission a nveyance, •
209969. September 27,\2.01'7),),;.-% 4. Act being i i gned
1 - 2' 5 Third perso<who ved the property conveyed. if by onerous title, has
0: What are the remedies o crecilit2r d he obligor fail to perform his been an in the fraud (Holcim Phils., Inc. v. Losloso, G.R. No.
obligation? 203871, Janua 2014).
ANS: The following are the remedies should the obligor fail to perform his obligation:
1. In specific real obligation the creditor may exercise the following remedies: Q: What are the instances when a right of action is granted even in the absence of
a. Demand specific performance or fulfillment of the obligation with a right privity of contract between the parties?
to indemnity for damages (CIVIL CODE. Art. 1165); ANS: A right of action is granted even in the absence of privity of contract between the
b. Demand rescission or cancellation (in certain cases) of the obligation, parties in the following cases:
also with right to recover damages (CIVIL CODE, Art. 1170); or 1. In case of SUBLEASE, the sub-lessee Is subsidiarily liable to the lessor for
c. Demand the payment of damages only where it is the only feasible any rent due from the lessee. However, the sub-lessee shall not be
remedy. responsible beyond the amount of rent due from him, in accordance with the
2. In generic real obligation the creditor may ask that the obligation may be terms of the sublease, at the time of the extrajudicial demand by the lessor
performed by a third person at the expense of the debtor since the object is Note: Payments of rent in advance by the sub-lessee shall be deemed NOT
expressed only according to its family or genus (CIVIL CODE, Art 1165).
to have been made, so far as the lessor's claim is concerned, unless said
Note: If the prestation consists of an act where the personal and special qualification of payments were effected in virtue of the custom of the place (CIVIL CODE.
the obligor is the principal motive for the establishment of the obligation, the remedy of Art. 1652).
the obligee is to proceed against the obligor for damages under Article 1170 (JURADO,
2. In case of CONVENTIONAL REDEMPTION, the vendor may bring his
Obligations and Contracts, supra at 52-53).
action against every possessor whose right is derived from the vendee,
even if in the second contract no mention should have been made of the
right to repurchase, without prejudice to the provisions of the Mortgage Law
 CIVIL LAW
San Bede Law-RGCT Bar Operations Center I REmepAeneeN. RED BOOK
and the Land Registration Law with respect to third persons (CIVIL CODE, Q: When is a condition potestative,casual or mixed?
Art 1608); ANS: A potestative condition is a condition, the fulfillment of which depends upon the
3. In case of a CONTRACT FOR A PIECE OF WORK subject to the sole will of the debtor. A casual condition depends on chance, hazard, or the will of a
provisions of special laws, those who put their labor upon or furnish third person. A mixed condition depends partly on the will of the debtor and partly on
materials for a piece of work undertaken by the contractor have an action chance, hazard or the will of a third person (Naga Telephone Co., Inc. v. Court of
against the owner up to the amount owing from the latter to the contractor at Appeals, G.R. No. 107112, February 24, 1994; CIVIL CODE, Art. 1182)
the time the claim is made. However, the following shall not prejudice the
laborers, employees and furnishers of materials. Q: What is the effect if the conditional obligation depends upon the will of the
a. Payments made by the owner to the contractor before they are due; debtor?
and ANS: The effects if the conditional obligation depends upon the will of the debtor are
b. Renunciation by the contractor of any amount due him from the owner the following:
(CIVIL CODE, Art 1729), and 1, When the fulfillment of the condition depends upon the sole will of the
4 In case of SUB-AGENCY under Art. 1892, the principal may bring an action debtor, the conditional obligation shall be void (CIVIL CODE, Art. 1182); and
against the substitute with respect to the obligations which the latter has 2. When the fulfillment depends upon the will of a party to the obligation and
contracted under the substitution (CIVIL CODE, Art. 1893). partly upon chance and/or the will of a third person, the obligation including
such condition shall take effe JURADO, Obligations and Contracts, supra
C. • KiND$CiF40bti,eXtb- -4;4* at 118)
Note: Although the law is silent, endition depends exclusively upon the will
Q What are the class
Q.
of the creditor, the obligation is s ause the creditor is naturally interested in
ANS: The classifica; ns o one are the
the fulfillment of the condition (JU ations and Contracts, supra at 116).
1. As to tIr• OW, "sifieatiorrund
a PAre;„acia. neftionaL(C1V(L CODE,
Q: What are "impossible co • on
b Obligati s with a period (C./V/t. COD4 A T93- 198),
ANS: Impossible cond are thos trary to good c ms or public policy and
c. Altemftive ad facultative (CIVIL CODE, Art 119- 206):
those prohibited by la COD 183).
d ; Jo)pt and soliclarr(Ctifft-COCre Arts- 7207-1
e FfivisPe and indivisible (CIVA. CODE, Arts 12 and
Q: What are the effAcieofi ditions?
f. With ia penal lause(C/1/1,L cpt?f, Ar0. 1226-
ANS: The followgere th a acts ble conditi
2 Clessificzefion of a econdary character unilerthe C 11 Cod'
1 In ligat condition nditions annul the
a r,.. Le af conveht - h-draildrjekeTTC7V7/..-CODE, 8-1164
torrwh em (C/ 3, par 1),
b \R1a d per:sop (CIOLrODE, p#11,-;163- 168),
2, If e con t is, not ossible thing, it is
c. 'peter ate 4`neg gaiicc404.,,,e.0
b/i.! Cif : Art 1163- 66);
14;esitive d negaties't / /
disreia ndered pure and valid (CIVIL CODE. Art
d ODE; Arts /167-1158),
1183, p
e UNateral d bi(atefel( /4-<Rpf, 1169-1191);
3. If the oblig rc divisible, ereof which is not affected by the
f. lndidual a iitio6tekthoueo , 1223); and impossible awfu (CIVIL CODE Art. 1183,
g. Acces 66, 1226).
par. 7); an
4. In an oblig resolutory condition, where the obligation is pre-
Q: What is a "pure obligatio'
ANS: Every obligation whose per o nee-cfot' not depend upon a future or uncertain
existing, and , does not depend upon the fulfillment of the condition
even, or upon a past event unknown to the parties, is demandable at once. Every for its existence, only the impossible condition is void (JURADO, Obligations
and Contracts, supra at 123).
obligation which contains a resolutory condition shall also be demandable, without
prejudice to the effects of the happening of the event (CIVIL CODE, Art 1179)
Q: When is a condition suspensive?
ANS: When a contract is subject to a suspensive condition, its birth or effectivity can
Q: What are the obligations that are immediately demandable?
ANS: The following obligations are demandable at once; take place only if and when the event which constitutes the condition happens or is
fulfilled. If the suspensive condition does not take place, the parties would stand as if the
1 Pure obligations (CIVIL CODE, Art 1179, par. 1);
conditional obligation had never existed (Javier v. CA., CR. No 48194, March 15,
2 Obligation subject to Resolutory condition (CIVIL CODE, Art 1179, par 2);
7990).
3. Obligations with a Resolutory period (CIVIL CODE, Art. 1193, par 2); and
4. Obligations subject to a condition riot to do an Impossible thing (CIVIL
CODE, Art. 1183, par 2) 0: When is a "condition resolutory"?
ANS: A condition is resotutory when the fulfillment of the condition results in
the extinguishment of rights (Commissioner of Internal Revenue v Covanta Energy
Q: What is a "condition"?
Philippine Holdings, Inc., G.R. No. 203160, January 24, 2018).
ANS: A condition is every future and uncertain event upon which an obligation or
provision is made to depend. It is a future and uncertain event upon which the
0: What is the extent of retroactivity in case of fulfillment of a suspensive
acquisition or resolution of nghts is made to depend by those who execute the juridical
condition?
act (Sagun v ANZ Global Services and Operations (Manila). Inc., CR. No. 220399
ANS: In case of a suspensive condition:
(Resolution), August 22. 2016)
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1, In obligations to give, once the condition has been fulfilled, it shall retroact to 6. If it is improved at the expense of the debtor, he shall have no other right
the day of the constitution of the obligation_ Nevertheless, when the than that granted to the usufructuary (CIVIL CODE, Art, 1189)
obligation imposes RECIPROCAL prestations upon the parties, the fruits
and interests during the pendency of the condition shall be deemed to have Q: What are the requisites for the above mentioned rules to be applicable?
been mutually compensated. If the obligation is UNILATERAL, the debtor (RSS-FP)
shall appropriate the fruits and interests received unless from the nature ANS: The following are the requisites for the rules mentioned in Article 1189 to apply:
and circumstances of the obligation it should be inferred that the intention of 1 The obligation is a Real obligation;
the person constituting the same was different; and 2. The object is a ,§_pecific or determinate thing;
2. In obligations to do and not to do, the courts shall determine, in each case, 3. The obligation is subject to a Suspensive condition:
the retroactive effect of the condition that has been complied with (CIVIL 4. The condition is Fulfilled; and
CODE, Art 1187). 5. There is loss, deterioration, or improvement of the thing during the
Pendency of the happening on one condition (DE LEON. Obligations and
Q: What is the extent of retroactivity in case of fulfillment of a resolutory Contracts. supra at 147).
condition?
ANS: In case of a resolutory condition: Q: What is the effect when a resolutory condition iri obligations to do or not to do
1 When the conditions ,hjtefoc4bj,r purpose the extinguishment of an happens and there is improvement, 19 or deterioration of a specific thing?
obligation to give the upon tfillment of said conditions, shall ANS: In case of the loss deteriora oih1provement of the thing, the provisions with
return to eacSloother :`what th .y hayAreceiVeP4c/V/L CODE, Art. 1190, par. respect to the debtor laid down in hall be applied to the party who is bound to
1), Of return (CIVIL CODE, Art. 1190 p btor" in this case is the person obliged to
2. In obligaporistthdi nTnot to do, the C &trfs'sh l termine, in each case, return, while the "creditor" is the m the thing must be returned.
the retylaaCtive.0e: fect„of-tti6 condition-40J been\complied with (CIVIL
CODE , rts. 1,190;and 1187). Q: What is meant by "recipro
L.
ANS: Reciprocal obligat re thos +oh arise rom same cause, and which
Q. When is there a constructive fulfillment of a sus nsive eqndition? each party is a debto a credi e other, such t .Vie obligation of one is
ANS: The corlditkPr shall bd,
YeeFelecTruTfillid when t1 obligor voluitanly prevents its dependent upon the o n of th They are to b- liermed simultaneously,
fulfillment (C/IL E, Art. 1186). so that the performa conditi ad upon the -rn taneous fulfillment of the
other (Cortes v. H eals, G. No. 126083, ul 12,V06).
Q: What are trie'1equisiteS2fia constructive fulfill erit,
ANS: For the prlicalipn Of.)zcle- 1186:ffieToiiowi filitht c Q: When is tit. ingsly scJ Ion u r Artie!
1 Th -nteni 1the,bbilik to preerit theitilticttnent the condition; and ANS: The poWer to rest • s plied in r n case one of the
2 The ctual FiVvention:'otthe-fulfilfment',1° obligors should n' • what in bent upon hi CODE. Art 1191),
\ -7
Note: Mere inten n of th" deb* f‘c,r-prey_estKnappe g of th ndition, or to place
ineffective obstacl to its ptirc , wilib,t 'act t1y prevetlting the fulfillment, is Q: Can the injured pa se reset r he has chosen fulfillment of the
insufficient (Intematidnal Hole/ ipiftiiarriT.- J J7?:\414 No 158361, April 10, obligation?
2013) ANS: Generally, the i red p ulfillment and rescission of
the obligation, with pa ent mages in either case. However, he may also seek
Q: When the conditions have ith the intention of suspending the rescission even after he sen fulfillment if the latter should become impossible
efficacy of an obligation to give, what are the rules that must be observed in case (CIVIL CODE, Art. 1191, par.
of improvement, loss or deterioration of the thing during the pendency of the
condition? Q: When is rescission a proper remedy in case of a breach of contract?
ANS: The rules are the following ANS: For a contracting party to be entitled to rescission (or resolution) in accordance
1 If the thing is lost without the fault of the debtor, the obligation shall be with Article 1191 of the Civil Code, the other contracting party must be in substantial
extinguished- breach of the terms and conditions of their contract. A substantial breach of a contract,
2 If the thing is lost through the fault of the debtor, he shall be obliged to pay unlike slight and casual breaches thereof, is a fundamental breach that defeats the
damages, it is understood that the thing is lost when it penshes, or goes out object of the parties in entering into an agreement (Maglasang v. Northwestern
of commerce, or disappears in such a way that its existence is unknown or it University, Inc., GR. No. 188986, March 20. 2013).
cannot be recovered;
3 When the thing deteriorates without the fault of the deotor, the impairment is Q: What is the meaning of "obligation with a period"?
to be borne by the creditor ANS: An obligation with a period is one for the fulfillment of which a day certain has
4 if it deteriorates through the fault of the debtor, the creditor may choose been fixed (CIVIL CODE, Art. 1193; Dandoy v. Court of Appeals, G R No 150089
between the rescission of the obligation and its fulfillment, with indemnity for August 28, 2007).
damages in either case,
5 If the thing is improved by its nature, or by time the improvement shall inure Q: What is a "period" or "term"?
to the benefit of the creditor, or ANS: It is a day certain which must necessarily come, although it may not be Known
when, like the death of a person (CIVIL CODE, Art. 1193, par 3),
 CIVIL LAW
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Q: What are the distinctions between a condition and a term or period? Q: What is the effect of acceptance by the creditor of partial payment?
ANS: A condition or period may ce distinguished thus: ANS: The acceptance of a partial payment by a creditor amounts to a waiver of the
period agreed upon during which payment should not be made. If no explanation is
CONDITION vs. TERM/PERIOD
given why the creditor received such partial payment before the maturity of the
Condition Tenn/Period obligation, it may be presumed that his relinquishment was intentional, and his choice to
dispense with the term, voluntary. It is not a mere forbearance (Lopez v. Ochoa. G R.
In General Refers to an event Refers to an interval of time No. 7977, May 30, 1958).
As to Requires futurity and Requires futurity and certainty
Q: What are the instances when the debtor loses the benefit of the period?
Requisites uncertainty
(IF-IF-VA)
As to May or may not happen Will surely come to pass, although ANS: The debtor shall lose every right to make use of the period:
Fulfillment it may not be known when 1. When after the obligation has been contracted, he becomes insolvent.
unless he gives a guaranty or security for the debt;
As to Influence Exerts an influence upon the Exerts an influence only upon the Note: The insolvency need not be judicially declared in an insolvency
upon Obligation very existence of the time of demandabllity or proceeding.
obligations itself extinguishment of an obligation
2. When he does not Fumis creditor the guaranties or securities which
As to Has re ct e effeks_ ot have retroactive effects he has promised;
Retroactivity of ere is an agreement to 3. When by his own paired said guaranties or securities after
Effects their establishment, rough a Fortuitous event they disappear.
unless he immediately ually factory;
As to Effect of n' than _is left on of a term or
Note: Should the n of a fortuitous event;
Will upon vely to the will of Ijie p 'od clusively to the will
there must rance in or r eprive the debtor of the
Debtor (or, tt very 'Validity ifie of he d h% obligation is still benefit of
41
I gatioq.m.affected - valid
4. When the Violatet an undertaking, iiciing(deration of which the
(DE LEON, 0 at 190-191) creditor period; 1
5 Wh e deb mpt‘to d (CIVILJOIjE, A. 1198).
Q: Whenever has tiden designated in an oh1t4atiod for 1 ose benefit is it
presumed? Ns I Q: When does, 'e °Wig_ 'in w ry pert' viRM,00,
ANS: Whenev r-in e`n bligdn\a,pedod has beafixiesignatdd, it shpll be presumed to ANS: Obligati As wit take effett ePout terminate upon
soluto
have been estabtished fqr the42eriefkof both the'cfetifitbr a/ the dyotor (CIVIL CODE, arrival of the day ccog, A 193).
Art. 1196). Cons uently, tie creditekbansapkrernatid the, erformance of the obligation
before the expiraqn of the, designAethpeclod-; neiter can tt)4 debtor perform the Q: When can the COO .fix a,ieriod?
obligation before th expiratio -4t'e...4aeribd Tpi rote, hotkever, is not absolute ANS: The court may fi,a"' pen s e,
(JURADO. Obligation net' pra-lr :1544153) e'lf from the tenor of the 1 If the obli. = on 4-u -
not fix a period, but from its nature and the
obligation or other circum aileriea"MhAt period has been established circumstan "IA inferred that a period was intended: or
in favor of one or of the other %general le i?o,1or1 r applicable (CIVIL CODE, Art 2_ When it depe'm,,'Nn the will of the debtor (i.e. , under Art. 1180, when the
1196). debtor binds himself to pay when his means permit him to do so) (CIVIL
CODE, Art. 1197).
Q: In contracts of loan, for whose benefit is the term presumed?
ANS: In contracts of loan, if the loan is gratuitous or without interest, the term is Q: How shall the court fix such period?
ordinarily for the exclusive benefit of the debtor, who may therefore pay in advance But ANS: In every case, the courts shall determine such period as may under the
if interest is stipulated, the period is generally for the benefit of both parties, and the circumstances have been probably contemplated by the parties. Once fixed by the
debtor cannot pay in advance unless he pays the full interest for the period agreed upon courts, the period cannot be changed by them (CIVIL CODE, Art. 1197). The prohibition
(4 TOLENTINO, Civil Code, supra at 194). against changing the period refers to the courts, not to the parties The period fixed in a
final judgment is res judicata, and as such forms an integral part of the imperfect
Q: When the period appears to have been established for the benefit of the contract which gave rise to its designation by the court, and thenceforward part of a
debtor, what are the effects? perfect and binding contract (E3arretto v. City of Manila, G.R. No. 4372, March 27. 1908)
ANS: When the period is for the debtor's benefit:
1. He may oppose any premature demand on the part of the creditor for Q: When the obligation fails to fix a period, or when it depends upon the will of
performance of the obligation; or the debtor, what should the creditor do before he can demand payment?
2. If he so desires, he may renounce the benefit of the period by performing his ANS: The creditor must ask the court to set the period before he can demand payment
obligation in advance (JURADO, Obligations and Contracts, supra at 154). The period to be fixed by the court becomes part of the contract and until it has expired
no action to enforce payment can be maintained (CIVIL CODE, An. 1197)
 CIVIL LAW 1
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0: When will the courts not fix a period for the parties under Art. 1197?
ANS: in the following instances, the court did not fix a penod for the parties:
1. The contract provided that the obligation be performed within a "reasonable
time." In such a case, the parties have actually fixed a period. All that the
court should have done was to determine if that reasonable time had
already elapsed when suit for fixing the period was filed (Gregorio Araneta,
Inc v. Philippine Sugar Estates Development Co., Ltd., G.R. No. L-22558,
May 31, 1967); and
2 When the obligor has failed to perform the obligation for several years, and
fixing a period would only cause further delay (Camp John Hay
Development Corp. v. Charter Chemical and Coating Corp.. G R No
198849, August 7, 2019); and
3 When the obligor no longer has any intention to comply with the obligation
(Clemente v. Republic, G.R. No. 220008, February 20, 2019)
5. An election once made is Binding on the person who makes it, and he will
not thereafter be permitted to renounce his choice and take an alternative
which was at first open to him (Reyes v. Martinez. GR. No 32226,
December 29, 1930).
Q: What is the effect when only one prestation is practicable?
ANS: The debtor shall lose the right of choice when among the prestations whereby he
is alternatively bound, only one is practicable (CIVIL CODE. Art 1202)
0: What is the remedy of the debtor when through the acts of the creditor the
debtor cannot make a choice?
ANS: If through the creditor's acts the debtor cannot make a choice according to the
terms of the obligation, the latter may rescind the contract with damages (CIVIL CODE.
Art 1203)

ALTERNATIVE OR FACULTATIVE 0: What are the effects in case of.içss of specific things in an alternative
obligation?
0: What is an "alternative,dbligation"
ANS: The effects are as follows:
ANS: In an alternative obligationitneraLteMbro,then one 'object and the fulfillment of
1 When choice belon s
one is sufficient deteniiined the-dfirce—c-rtfte--debtdr who'generally has the right of
a. Due to Fortuitous'gv
election (Arco Puloland;PS' "'Co „Joc...-v-Dan G. R No 206806, June 25.
2014) r I. All are lost - from bligation;
./ ii Some but,net a ich he shall choose from
, „. ...,
ams•,jieie remainde or
Q: Who has th right of choice in alternative obligations?i,:,
ii gortfine remai liver that which ceipains
ANS: The right ef--chette belOngs-to the debtor -unless it has been expressly granted to ,,
„. Debtor ault
the creditor (C(VieOgIDE, Art, 1200).
i. r creditos.. hall have a rihtJoipdemnity for damages
aseddn.the value he last thin wha disappeared or service
Q: What are theittircitationsdo the debtor's right to choose?
ANS: The follewinatre thelithitationstin-the,debtor-;S right to dfjpo,,se.4 which become iMpo
1 Thes d-*tok caririkc'hoose-prstatiOns Which are finpossible unlawful, and Some;but net all are pall choose from
a e re ' de
could not hAve bee'n\t`h . object of the obltgatio/ (CIVIL) CODE, Art. 1200
par 4 / , - deliver th
2 When ctkiWbe T1QS totredi
2. No mbre right\of chOlte --Whel : etnong the presta,tfons whereby he is
a. Dueto Fortuitdius Event
alternatiVely bourid iy.onails'praCtiCabletiyIL CODE. Art. 1202); and
I. AltkupAt - debtor i ttje obligation;
...%,. s.,part bpa'nother prestatjon (CIVIL
3 The debtOl‘ca, np4t:Eppose,pa-
, rt-ol:,,:ope4nd.
, , „.,.. ii. SJ but If Ve os at which he shall choose from
CODE, Art 11.‘pr ?) :' ';',..;, ';:- ' a g th ainder; or
iii. On mains - deliver that which remains.
Q: When shall the choice of the llebtor-imanaltirnative obligation take effect?
b. Debtor's fau
ANS: The choice shall produce no effect except from the time it has been
i. All are lost - creditor may claim the price/value of any of them with
communicated (CIVIL CODE, Art. 1201)
indemnity for damages;
ii. Some but not all are lost - creditor may claim any of those
CI: What are the effects of notice of choice by the debtor in alternative
subsisting without a right to damages OR price/value of the thing
obligations? (ASIL-13)
ANS: The following are the effects of notice of choice: lost with right to damages (CIVIL CODE, Arts. 1204-1205).
1. Until the choice is made and communicated, the obligation remains
Q: When is the creditor entitled to indemnity for damages?
Alternative;
ANS: When through the fault of the debtor:
2. Once the choice is made by the debtor the obligation ceases to be
1 All things which are alternatively the object of the obligation have been lost;
alternative from the moment the Selection has been communicated to the
or
other party,
2. The compliance of the obligation has become impossible (CIVIL CODE. Art
3. Such choice once properly made and communicated is Irrevocable and
1204, par. 1).
cannot, therefore be renounced;
4. When the choice has been expressly given to the creditor, such choice shall
likewise produce Legal effects upon being communicated to the debtor
(CIVIL CODE, Art.1205).
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Q: What are the differences between alternative and facultative obligations/ 2. After substitution - If the substitute is lost, the liability of the debtor depends
ANS: The differences are the following: upon whether or not the loss is due to his fault or not. The substitution
ALTERNATIVE OBLIGATION vs. FACULTATIVE OBLIGATION becomes effective from the time it has been communicated (CIVIL CODE,
Art. 1206).
Alternative Obligation Facultative Obligation
JOINT AND SOLIDARY OBLIGATIONS
As to number Several objects are due. Only one object is due.
of objects 0: What is a "joint obligation" robligacion mancomunadal?
ANS: A joint obligation is one where there is a concurrence of several creditors, or of
As to It may be complied with by It may be complied with by the several debtors, or of several debtors, or of several creditors and debtors, by virtue of
compliance delivery of one of the objects or by delivery of another object or by which each of the creditors has a right to demand, and each of the debtors is bound
performance of one of the the performance of another to render compliance with his proportionate part of the prestation which constitutes the
prestabons which are alternatively prestation in substitution of that object of the obligation. Each debtor answers only for a part of the whole liability and to
due. which is due. each obligee belongs only a part of the correlative rights (Spouses Ibanez v. Harper,
G.R. No. 194272, Februaty 15, 2017).
As to the right Choice generally belongs to the Choice pertains only to the
at choice debtor unless,..jt—ehas-4sen debtor. Q: What is a "solidary obligation" ("ow acion solidarial?
expressly rallied ttie OreilirO ANS: A solidary obligation is an t jg on where there is concurrence of several
(CIVI DE14rt 120. creditors, or of several debtors, or 4, creditors and several debtors, by virtue of
which each of the creditors has a' and, and each of the debtors is bound to
As to rim ib of ALL obie Os ssibility of the object/ :
render, entire compliance with ion which constitutes the object of the
e xtinguishmen t . tAa do-WorttlffetrseeiV astatio due to fortuitous
obligation. In other words, each title demand the payment of
in case of loss ingGish the obljgation e çJs u\Fcient to extinguish
the entire credit while each IS a yment of the entire debt
tthebbl atto
(JURADO, supra at 17 L CODE A 1207), A solida ligation is one in which
As to culpable ay gi tise to-liaOilitronethe-lt do hive rise to any each of the debtors is e jor the eri ligation, and ea the creditors is entitled
loss before of the debtor; iability tlfl"tP4e part of to demand the satisfa r .• f th w ole ib ligation from all of the debtors (Ph
'. the
choice debtor. Credit Corporation v C rt ppea/s, G. No. 109648, ov r22, 2001).
77
As to loss los f neef-thiltereative the thing due Q: What is t asu n when t e re two or or debt rs in one and the
through fault of brc ugh*.), btor'Sla 11.,doe' s ,11,1rou debtor's fault same obliga
debtor ren rhi • 4 , ak le ANS: Under Ad. 1207 S. en there ore debtors in one
and the same otir resu • tio that the obligation is joint so that each of
Where e crgti", h9s T e loss of the substitute the debtors is liabi for S. orb ate part of the debt (Sesbreito v. Court of
en ex woiktirgi tot,th fore tpe substitution through Appeals, G R. No. 89 4, 1993).
crec itor rtfr TOT
tie ytt of the debtor does not
one II rougt ftie4a e.r him liable. Q: What are the insta s wh o lective ob (gations are solidary and not joint?
the debt& ve rise ANS: There is solidary lity when:
1 The obligatio sly so states; or
As nature Various prestations all of which Only the principal prestation 2 The law requires solidarity: or
constitute parts of the obligation. constitutes the obligation, the 3. The nature of the obligation requires solidarity (CIVIL CODE, Art. 1207)

•
accessory being only a means
to facilitate payment. 0: What are the differences between joint and solidary obligations?
(JURADO. supra at 174-175, DE LEON, supra at. 228) ANS: The following are the differences between joint and solidary obligations.
JOINT OBLIGATIONS vs. SOLIDARY OBLIGATIONS
Q: What is a "facultative obligation"? Joint Obligations Solldary Obligations
ANS: When only one prestation has been agreed upon, but the obligor may render
another in substitution, the obligation is called facultative (CIVIL CODE, Art1206, par.?). As to demand The demand by one creditor Each one of the solidary
by the creditor produces the effects of default only creditors may do whatever
Q: What is the effect of loss in case of facultative obligation? with respect to the creditor who may be useful to the others.
ANS: The following are the effects of loss in case of facultative obligation. demanded and the debtor on whom but not anything which may
1 Before substitution - The loss of the thing intended as a substitute with or the demand was made. be prejudicial to the latter
without the fault of the debtor does not render him liable since it is not due; (CIVIL CODE Art.
and 1212). Hence, each solidary
creditor may constitute the
debtor in default.
la> CIVIL LAW 111
San Bede law-RGCT Bar Ope•-atons Centm' p„EumepAeriesNop,ED BOOK
Q: What is the rule in case the liability of the debtors is joint, but the object of the
Joint Obligations Sol.dary Obligations
obligation is indivisible?
As to breach 1.In case of a joint divisible If there was fault on the part ANS: In joint indivisible obligations, the right of the creditors may be prejudiced only by
of obligation obligation, the other debtors of any one of the solidary their collective acts, and the debt can be enforced only by proceeding against all the
by reason of cannot be compelled to answer debtors, all shall be debtors. If one of the latter should be insolvent, the others shall not be liable for his
the act of one for the liability of others as the responsible to the creditor, for share (CIVIL CODE, Art. 1209).
of the debtors debt is divided into as many equal the price and the payment of
shares as there are debts (CIVIL damages and interest, without Q: What is the effect of non-compliance by a debtor in a joint indivisible
CODE, Art. 1208): or prejudice to their action obligation?
2, In case of a joint indivisible against the guilty or negligent ANS: A joint indivisible obligation gives rise to indemnity for damages from the time
obligation, it gives rise to debtor (CIVIL CODE, Art. anyone of the debtors does not comply with his undertaking. The debtors who may have
indemnity for damages from the 1221 par 2). been ready to fulfill their promises shall not contribute to the indemnity beyond the
time any one of the debtors does corresponding portion of the price of the thing or of the value of the service in which the
not comply with his undertaking. obligation consists (CIVIL CODE, Art. 1224).
The debtors who may have been
ready to fulfill ' e hall Q: What are the differences between in visibility and solidarity?
NOT .r- •ute to the irVerrirttty‘t ANS: The differences between indivi bI and solidarity are the following:
beyg he resqnthin9 kortgn INDIVIS ' SOLIDARITY
o.foth rrbei- o .er.of-the
Aaftte la service in which Indivisibility Solidarity
oblgaiteti,parrtrais (CiVirce
As to nature Indivisibility refers to the legal tie
41. 024f. ) ' prestatio4 41iich utes lum, and consequently,
As to If one of the joint debtors-should be When 3ne of the solidary obje vifthe oblige to the bjects or parties of the
insolvency of jtsivent, the others ihalT not—Se debt sc,aniot, because of oblig
debtor lie e for is Sfiare.-(CiVE,. CODE,) his inolver4t, reimburse his
As to requisite Is not Pli4rali ',of subjects is
1209) --- • = - share to-the;debtor paying the
inOispensable in solidarity.
obligation, sOch share shall
..be bdme.by ll his co-debtors. nvert wliabifity on the
in p portibp to the debt of into !,-1,r of nde ty for tors because of
ea (C/V/ CODE, Art. 1217, , becau breach, breac e solidarity among the
p r 3) !bill% of the o aeon is debtors remains
s tetmizaterstrit
As to personal The vices,01,,Ooti,obtigation arfs' A solidary debtor may avail
defenses frorn14/ . the , 9s naL Jeek'6f, a himself of all defenses which As to liability Onl e debt tlittrb re* Artif the debtors are liable for
partictitacdebtOr or creditor\ do,„nbt per'Sonally belong to the for damages the bligai is liable for breach of the obligation
affect the 'Ob4tion right..of others only as regards that damagew committed by a co-debtor, for
the others. part of the debt for which the solidarity among them remains.
latter are responsible (CIVIL
CODE. Art. 1222). As to plurality Indivisibility can exist although There must be at least two
of parties there is only one debtor and one debtors and two creditors.
As to Presumed by law Not presumed. Must be creditor.
presumption (CIVIL CODE, Art. 1208). expressly stipulated by the
by law parties, or when the law or the As to The others are not liable in case The others are proportionately
nature of the obligation insolvency of of insolvency of one debtor liable
requires solidarity (CIVIL the parties
CODE, Art 1207).
(JURADO supra at 187, DE LEON, supra at 244-245)
As to liability Proportionate part of the entire debt Obliged to pay the entire
of each debtor obligation Q: What are the effects of prejudicial acts committed by a solidary creditor?
ANS: Each one of the solidary creditors may do whatever may be useful to the others,
As to right of Each creditor, If there are several, is Each creditor has the right to but not anything which may be prejudicial to the latter (CIVIL CODE, Art. 1212), The
the creditor to entitled only to a proportionate part demand from any of the effects of such prejudicial acts are the following.
the fulfillment of the credit. debtors, the payment or 1. As far the debtors are concerned, a prejudicial act performed by a solidary
of the fulfillment of the entire creditor shall be valid and binding because of the principle of mutual
obligation obligation representation which exists among the creditors; and
 CIVIL LAW I
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2. As far as the solidary creditors are concerned, the creditor who performed Q: What are the effects of mutual agency among solidary creditors?
the act shall incur the obligation of indemnifying the others for damages ANS: The effects of mutual agency among solidary creditors are the following:
(JURADO, supra at 195). 1. ., The debtor may pay any one of the solidary creditors: but if any demand,
judicial or extrajudicial, has been made by one of them, payment shout(' be
Q: What is the rule on the assignment of rights by a solidary creditor? made to him (CIVIL CODE, Art. 1214); and
ANS: As a rule, a solidary creditor cannot assign his rights without the consent of the 2. Novation, compensation, confusion or remission of the debt, made by any of
other solidary creditors (CIVIL CODE, Art 1213). However. If the assignment is made to the solidary creditors or with any of the solidary debtors, shall extinguish the
anyone of the other solidary creditors, there Is no violation of Article 1213 because in obligation, without prejudice to the provisions of Art. 1219 (CIVIL CODE Art
such case there can be no invasion of the personal or confidential relationship existing 1215).
among the solidary creditors (JURADO, supra at 196).
Q: What is the effect of remission made by the creditor of the share of one of the
Q: What is the effect of any novation, compensation, confusion or remission of solidary debtors after payment by a solidary debtor?
debt executed by a solidary creditor? ANS: The remission made by the creditor of the share which affects one of the solidary
ANS: The effects are the following_ debtors does not release the latter from his responsibility towards the co-debtors in
1. In case of novation. case the debt had been totally paid by anyone of them before the remission was
a. If prejudicial the jOitilaw...cr ditor who effected the novation shall effected (CIVIL CODE, Art. 1219).
reimburse th,,,etWrs fo7dama nehtn-ed by them;
b If beneficial and 't e creditor effetted4the novation is able to secure Q: Will remission of the whole o obtained by one of the solidary debtors
perfor nce'bf th ligetienq,szticreptor all be liable to the others entitle him to reimbursement fr ebtors?
for shaPe whrtt'h corresponds &tleffi nt.çinly in the obligation, but ANS: No The remission of th gation. obtained by one of the soliciary
debtors,, does not entitle him to r his btors (CIVIL CODE Art
effeoteiby, substituting another persOn, 1015,1:o f de of the debtor, the 2
„soliNiNfcreclAor who effected the noVetionNs"liableyor the acts of the
new debtor case there is deficiency in\ pefcinvance or in case 0: What are the effec f mutual ty among solid Vebtors?
d—fhages are. 'nEUIred-bylfie- otnereolidary creditorslas a result of the ANS: The effects of m uarantv solidary debt rb, the following
•
obstitution. and 1 The credi robeed ag st any one of/h sotleary debtors or some
d. .I. ffected b subrogating a third person in e-rights of the solidary or all em neously. e demand ad aga nst any one of them
Creditor respOR• sible kir the novation, the o gation of the debtor or sh not n obstaclekto se which ay ubs uently be directed
r itors reality extinguishid: thee re1 tiorr' tetween the other a t o so, ong a e debt collected (CIVIL
dit s not sribSbtuted and the..debtoris is 'aintalhe'd E, Art 1 4
2 In càe of côrnpensatiou'and confusion'. f 2. Pay a one th Wary debtors isnes the obligation.
a. Partial titles on'alipOtiQL,.erpeVinent Oa I apply without prejudice to This is to ire foll ing es.
th right o4ther,*.editot-s-4, h),have,'"not d the confusion or a. If r mo solidary er to pay, the creditor may choose
com esati ‘t b-eT4-eTnibutsed.,„tltheext t that their rights are which cce•t:
dimini okAffe , b. Hew made m his co-debtors only the
b Total: oblig ticinlexting dWl':iat is the ensuing liability for share ich sponds to each, with the interest for the payment
reimburseme ea igro4p,...."-4ffe creditor causing the confusion already
or compensation is o 1§e'dirreimburse the other creditors, the debtors c. If the pay is made before the debt is due, no interest for the
benefited by the extinguishment of the obligation are obliged to intervening period may be demanded; and
reimburse the debtor who made the confusion or compensation d. When one of the solidary debtors cannot, because of his insolvency,
possible. reimburse his share to the debtor paying the obligation, such share
3 In case of remission: shall be borne by all his co-debtors, in proportion to the debt of each
a. Entire obligation: obligation is totally extinguished but the solidary (CIVIL CODE, Art. 1217); and
debtor who obtained it does not entitle him to reimbursement from his 3_ A solidary debtor may, in actions filed by the creditor, avail himself of all
co-debtors, defenses which are derived from the nature of the obligation and of those
which are personal to him, or pertain to his own share, With respect to those
Reason: Said debtor gives or loses nothing
which personally belong to the others, he may avail himself thereof only as
b. For the benefit of one of the debtors covering his entire share: he is regards that part of the debt for which the latter are responsible (CIVIL
completely released from the creditor/s; and CODE, Ad. 1222).
For the benefit of one of the debtors and it covers only part of his
share: his character as a solidary debtor is not affected (JURADO, Q: What is the effect of payment by one solidary debtor to the creditor?
supra at 197-201). ANS: The payment by one solidary debtor to the creditor extinguishes the obligation.
and the juridical tie between the creditor and the solidary debtors is dissolved thereby
(Camus v. Court of Appeals, G.R. No. L-13125, February 13, 1960). Payment by a
solidary debtor shall not entitle him to reimbursement from his co-debtors if such
 CIVIL LAW I
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payment is made after the obligation has prescribed or become illegal (CIVIL CODE, Divisible Obligations Indivisible Obligations
Art 1218).
As to An obligation is deemed divisible when An obligation is deemed
Q: What is the liability of solidary debtors in case the thing has been lost or the when (EAN) indivisible in the following;
prestation has become impossible? deemed 1. The obligation has for its object the (0-NIL)
ANS: The following are the rules on the liability of solidary debtors in case the Execution of a certain number of 1. Obligations to give Definite
prestation is lost or has become impossible; indivisible days of work; things:
1. If the thing has been lost or if the prestation has become impossible without 2. The obligation has for its object the 2. Obligations which are Not
the fault of the solidary debtors, the ooligation shall be extinguished. Accomplishment of work by metrical susceptible of partial
2. If there was fault on the part of any one of them, all shall be responsible to units; performance;
the creditor, for the price and the payment of damages and interest, without 3_ The obligation which by its Nature is 3. Obligations Intended by the
prejudice to their action against the guilty or negligent debtor susceptible of partial performance parties to be indivisible even
3. If through a fortuitous event, the thing is lost or the performance has (CIVIL CODE, Art. 1225, par. 2). if thing or service is
become impossible after one of the solidary debtors has incurred in delay physically divisible;
Note: In obligations not to do, divisibility
through the judicial or extrajudicial demand upon him by the creditor, the 4. Obligations provided by Law
or indivisibility shall be determined by
, oats:wrap!) shall apply (CIVIL CODE, Art. 1221).
provisions of the prececotip to be indivisible even if thing
the character of the p n in each
particular case (CIVI Art. /225, or service is physically
Q: What is a "divisible o ti "? divisible (CIVIL CODE, Art.
par. 4),
ANS: When the obligtioq1l' j&its.. -.. i.ee cufokbka certain number of days 1225, pars. land 3).
of work, the accom bmêsi,,t a irk by metric bcan ogous things which by
their nature are su,$cd je a pJ#iaperfornseecQ, \be 'visible (CIVIL CODE
Art 1225, par.tilfrOw Iigaticins =„:pre,,those „ar,e'::j s sceptibie of partial OBLIGATIONS WITH A PENAL
performance wi otlfett essence ofjjhe.O.ligation being Changed IURADO. supra at 0: What is a "penal cla
212). 1 ; ANS: A penal clause n pccesso ation which the es attach to a principal
--- Tt '-- obligation for the purpo Dilinsurins ormance ther -mposing on the debtor
Q: What is an rindlyisible o ligation"? ' : • a special prestation erally co sting in the p f a sum of money, in
I, '
ANS: Obligat nst2 ive defipite titngs and those w ich are pn eptible of partial
case the obligati not titled or is irr arly or ma. Willed (ato Ragasa
performance ia1t1b dem to be indivisible (CIV/L.-9ODq. Art. 225, par.1), The Enterprises, Bar
...7"ie Oro, Inc. a 19051 18).
indivisibility of sted ;jig—et:iiisi-whet r,jt, :,can subject of partial
performance ivisible l‘iheTn i - nbt be erformed in parts,
Q: When sh red as or damages or
whatever may IV the r ture\ Of, thing IdvhiCh 44,0:Obje (Spouses Lam v.
interests?
Kodak Phils., LE& G.R. rt . 16 a uary ‘,, 1, 31,6) ANS: The penalty titute emnity for damages and the payment of
S interests in case of rZri ce.
Q: What are the faatrs in irruntw3rjy.__c_tlyist9lify Qt an ligation? (WON-P)
bee: the fel. "nrg factors may be Exceptions: In the f s not preclude liability for
ANS, In determining1t *Oil
considered damages:
- 1. If there is sh M' ato o the contrary;
1 Will or intention 8f parties, (chINima e'expressed or presumed;
2. If the obligor refti o pay the penalty; or
2 Objective or purpose o sostipkilatenVestation,
3. The obligor is guilty of fraud in the fulfillment of the obligation (CIVIL CODE,
3 Nature of the thing; and
4 Provisions of law affecting the prestation (Spouses Lam v. Kodak PHL Ltd., Art. 1226, par. 1).
G.R. No. 167615, January 11, 2016)
Q: When may the penalty be enforced?
Q: What are the differences between divisible and indivisible obligations? ANS: A penalty is demandable in case of non-performance or late performance of the
ANS: The differences between divisible and indivisible obligations are: main obligation. In other words, in order that the penalty may arise there must be a
breach of the obligation either by total or partial non-fulfillment or there is non-fulfillment
DIVISIBLE OBLIGATIONS vs. INDIVISIBLE OBLIGATION in point of time which is called mora or delay (SSS v. Moonwalk Development &
Divisible Obligations Indivisible Obligations Housing Corporation, G.R. No. 73345, April 7. 1993).

As to Those which have as their object a
object prestation which is susceptible of partial
performance without the essence of the
obligation being changed (JURADO,
Obligations and Contracts, supra at
212),
Those which have as their Q: What is the limitation upon the right of the debtor in an obligation with a penal
object a prestation which is not clause?
susceptible of partial ANS: The debtor cannot exempt himself from the performance of the obligation by
performance, because, paying the penalty, save in the case where this right has been expressly reserved for
otherwise, the essence of the him (CIVIL CODE, Art. 1227).
obligation will be changed (Id,
at 212).
 CIVIL LAW I
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Q: What is the limitation upon the right of creditor in an obligation with a penal Q: Who has the burden of proving payment?
clause? ANS: As a general rule, one who pleads payment has the burden of proving it. Even
ANS: Neither can the creditor demand the fulfillment of the obligation and the when the plaintiff must allege non-payment, the general rule is that the burden rests on
satisfaction of the penalty at the same time, unless this right has been clearly granted the defendant to prove payment, rather than on the plaintiff to prove non-payment.
him However, if after the creditor has decided to require the fulfillment of the obligation, When the existence of a debt is fully established by the evidence contained in the
the performance thereof should become impossible without his fault, the penalty may be record, the burden of proving that it has been extinguished by payment devolves upon
enforced (CIVIL CODE, Art. 1227). the debtor who offers such a defense to the claim of the creditor (BPI v Spouses
Royeca, G.R. No. 176664, July 21, 2008).
Q: Is proof of actual damages necessary to demand the penalty?
ANS: No Proof of actual damages suffered by the creditor is NOT necessary in order CI: When is an obligation understood to be paid or performed?
that the penalty may be demanded (CIVIL CODE, Art 1228) ANS: A debt shall not be understood to have been paid unless the thing or service in
which the obligation consists has been completely delivered or rendered, as the case
Q: What are the instances when the penalty may be reduced? (PIU) may be (CIVIL CODE, Art. 1233).
ANS: The penalty may be reduced in any of the following instances Exceptions. In the following instances, there is payment even if the obligation is not
t When the principal obligation has been Partly complied with; completely delivered/rendered:
2 When the principal obit a en Irregularly complied with, and 1. When the obligation has b ubstantially performed in good faith (CIVIL
3 Even if there has, en no perfoca se...,if the penalty is iniquitous Or CODE, Art 1234),
Unconscionable (C/ V& CO*, Arti 29r 2. When the obligee ac rformance. knowing Its incompleteness or
/ irregularity, and witho g any protest or objection (CIVIL CODE,
Q: What is the effeçttof „the.,n of the penal rincipal obligation?
Art. 1235);
ANS: The nullity. f .1:ie al,,clatise am I'llet„,cp 1th IN.,that of the principal 3. When the obligation., o o is converted into an
obligation (CIVIL ,co,pE, $ty 130, par. 1). \ obligation to Ind nify gee because of breacn or
1 ' ri \
nonfulfillme indemni, finally paid in fu oe's Radio & Electrical
Q: What is the yect 9f the nullity
n' ity' of the principal obligati ti4 penal clause? Supply v. ctronic et al., G.R. No. 376, August 22. 1958)
ANS: The nul t ty.spro princp - i Tolligatibii-careies Wittit that f‘me,„pe,nal clause (CIVIL
CODE Art 1230:‘-para) Q: Who are the person 'whom th reditor musyccept 'payment?
• 0-.1 ' r ,........4
ANS: The cred oaCcept. a nt or perfor anc fro the following:
D. - EXTINGUISIMR:O.OF_OBLIOAlle) 1. D
2 A _ persbe p hakan int tin the ibbligatton, or
Q: What are the'rerode of extinguishment of obligations? -
3 A thIrd person hae,110 int tin the 0. n there is stipulation
(PLR-MCN-FRAP-OWERC) e
ANS: Obligations are eZtingui heci.:‘, that hewak ryment (C CODE. Art 1236, par 1)
1 By PaYrpent or berfortnanee-(CIVIL,CODE, Arts. 12324260):
2 By the Less of the thiep due (CIVIL CODEfArts 1262-1269). la: What is the effecl payntent made rson in order to extinguish the
obligation? •-
3 By the co'hdoeation o'i'llernission- oflhe\debt (e-Iva_ CODE. Arts 1270- 4
ANS: The effects of paiient b i-Witturd person are the following•
1274);
1. The creditor s, noqbund to accept payment or performance by a third
4 By the confusiori'or.jelerger of the rights' of creditor and debtor (CIVIL
person who ha o1bterest in the fulfillment of the obligation, unless
CODE, Arts 1275-127 ------ -
5 By Compensation (CIVIL CODE Arts 1278-1290) a. There is a stipulation to the contrary,- or
b. When it is made by a third person who has an interest in the fulfillment
6 By Novation (CIVIL CODE, Arts. 1291-1304);
of the obligation, such as a guarantor, surety, or joint debtor (CIVIL
7 Fulfillment of a resolutory condition,
CODE, Art 1236, par. 1).
8 Rescission.
2 Whoever pays for another may demand from the debtor what he has paid.
9 Annulment,
But he can recover only insofar as the payment was beneficial to the debtor
10 Prescription (CIVIL CODE Art 1231 par 2):
if he paid:
11 Death of one of the contracting parties in purely personal obligations,
a. Without the knowledge of the debtor; or
12 The Will of one of the contracting parties in certain contracts;
b Against the will of the debtor (CIVIL CODE, Art. 1236, par 2).
13 Expiration of the resolutory term or period;
3. When a person pays on behalf of the debtor without the knowledge or
14 Renunciation or waiver by the obligee or creditor, or
against the will of the latter, he cannot compel the creditor to subrogate him
15 Compromise (JURADO, supra at 230).
in his rights, such as those arising from a mortgage, guaranty, or penalty
(CIVIL CODE Art. 1237): and
PAYMENT OR PERFORMANCE
Note: Partial payment by a stranger without the authorization of the debtor
0: What is "payment"? will not stay the running of the prescriptive period.
ANS: Payment means not only the delivery of money but also the performance, in any
other manner, of an obligation (CIVIL CODE, Art 1232). In law, payment and 4. When payment is made by a third person who does not intend to be
performance are synonymous. reimbursed by the debtor, it is deemed to be a donation, which requires the
 CIVIL LAW I
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debtor's consent. But the payment is in any case valid as to the creditor who 2. Payment made to a third person shall also be valid insofar as it has
has accepted it (CIVIL CODE. Art, 1238). redounded to the benefit of the creditor (CIVIL CODE, Art. 1241, par. 2); and
3. Payment made in good faith to any person in possession of the credit shall
Note: Once the debtor's consent is secured, then the rules on ordinary release the debtor (CIVIL CODE, Att. 1242).
donations will apply. Otherwise, the rules stated in Articles 1236 and 1237
will still apply. Q: When is the debtor not required to prove benefit to the creditor in case
payment is made to a third person?
Q: What is the effect of payment by a third person with the knowledge and ANS: Such benefit to the creditor is presumed in the following cases:
consent of the debtor? 1 If after the payment, the third person acquires the creditor's rights;
ANS: There are two rights which are available to him: 2 If the creditor ratifies the payment to the third person: and
1. He can recover from the debtor the entire amount which he has paid (CIVIL 3 If by the creditor's conduct, the debtor has been led to believe that the third
CODE, Art. 1236): and person had authority to receive the payment (CIVIL CODE. Art. 1241, par.
2 He is subrogated to all of the rights of the creditor (CIVIL CODE, Art 1302, 2).
No. 2).
Q: When is payment to the creditor not valid?
Q: What is the effect of payment to a wrong person? ANS: Payment made to the creditor by a debtor after the latter has been judicially
ANS: When payment is made tp„the-wrongt-party., the obligation is not extinguished as ordered to retain the debt shall not be CIVIL CODE. Art. 1243). The payment must
to the creditor who is withoul_fatilkor neiligenceveruff, the debtor acted in utmost good be made to the proper officer of t uing the writ of attachment or garnishment
faith and by mistake as totie.,peison of the creditor Or tbrefugh error induced by fraud of in conformity with the provisions o f Court (JURADO, supra at 243-244)
a third person (Allied Benthag Co,p .v tilirS75- Wary,'G.R. No.433179, May 27, 2008)
Q: What must be paid?
What are the diffe,rthic:eS bebtign- Subrogation-ansd.KeimbLirsement? ANS: The debtor of a thing penno receive a different one,
ANS: The followingge the differenc-
,
e: although the latter may )?e,efihe sane lue as. or more valuable than that which is
ISUBROGATION vs. REIMBURSEMEfIT due. In obligations to do, or not to do a ct or forbearanornnot be substituted by
Subrogation Reimbursement another act or forbearance against the oblkee's will (CIVIL DE, Art. 1244)
4
'
As to T e gerion who pays for the debtor Reimburseilent-is merely a simple Q: What are the special fophy.of paym ?
definition isj1it-uitO the-OOsos of the ereditdr. pq'rgonal action' available to the ANS: The following are.t e special kirms payment under tbe Civil Code;
editO'r against the debtor to 1, DatiOn ins t (Gyn. COlt Art 12 ."
igbyer frqm the fatter what he has 2. Application o enVqfliff ODE, A .44,
[paid ins,ofar as ffhe payment has 3 Paymeitby di. .n (CIVlL C E, Art 1255) an
1, been beneficiatio the said debtor. 4. Tender and cons] bon (CIVIL CODE. Arts. 1256-1261).

As to rd person entitled by reason Q: What is dation in pame 7

right to dema tiArsehient frp of--.paS'rtedt has merely the bare ANS: Dation in paymerradjud' where property is alienated
acquired debtor, but atso:tb(elzercise ll ofitll riglit-tWbe refunded to the extent to the creditor in satisfatikon of bt in money. It shall be governed by the law of sales
rights which thetker ditor coAtclilfatie- „pr,o/Tded in the second paragraph (CIVIL CODE, Art. 1245J en pago is in the nature of a sale because property is
exercised against t tor—an-tr of Article 1236 without the right to alienated in favor of the ere i or in satisfaction of a debt in money. To have a valid
against third persons, such as those the guarantees and securities of dacion en pago, therefore, the alienation of the property must fully extinguish the debt
arising from a mortgage, a guaranty, the original obligation. (Spouses Pen v. Spouses Santos, G.R. No. 160408, January 11, 2016).
or a penalty.
Q: What are the requisites of dation in payment? (PDA)
(JURADO, supra at 237: DE LEON, supra at 310).
ANS: The following are the requisites of a dation in payment:
1. There must be Performance of the prestation in lieu of payment (anima
Q: To whom must payment be made?
solvendi) which may consist in the delivery of a corporeal thing or a real
ANS: Payment shall be made to the:
right or a credit against a third person;
1. Person in whose favor the obligation has been constituted, or
2. There must be some Difference between the prestation due and that which
2. His successor in interest: or
is given in substitution (aliud pro alio); and
3. Any person authorized to receive it (CIVIL CODE, Art. 1240)
3. There must be an Agreement between the creditor and the debtor that the
obligation is immediately extinguished by reason of the performance of a
Q: When is payment to a third person valid?
prestation different from that due (Lo v. KJS Eco-Formwork System Phil.,
ANS: Payment to a third person is valid in the following
Inc., G.R. No. 149420, October 8, 2003).
1 Payment to a person who is incapacitated to administer his property shall be
valid if he has kept the thing delivered, or insofar as the payment has been
beneficial to him (CIVIL CODE, Art 1241. par. 1)-
IMA>

Q. What is the rule of the medium quality?

CIVIL LAW I
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<CI
Q: What is the rule in payment in case of extraordinary inflation or deflation?
ANS: When the obligation consists in the delivery of an indeterminate or generic thing, ANS: In case an extraordinary inflation or deflation of the currency stipulated should
whose quality and circumstances have not been stated, the creditor cannot demand a supervene, the value of the currency at the time of the establishment of the obligation
thing of superior quality. Neither can the debtor deliver a thing of inferior quality. The shall be the basis of payment, unless there is an agreement to the contrary (CIVIL
ourpose of the obligation and other circumstances shall be taken into consideration CODE, Art. 1250).
(CIVIL CODE, Art. 1246).
Q: What are the essential requisites in order that there will be an extraordinary
Q: What is the rule regarding complete performance of an obligation? Inflation or deflation of the currency?
ANS: As a general rule, the creditor cannot be compelled to accept partial payment or ANS: The following are the essential requisites:
performance. Neither may the debtor be required to make partial payments. 1. There is an official declaration of extraordinary inflation or deflation from the
Bangko Sentral ng Pilipinas (BSP);
Exceptions: In the following instances, partial performance may be required by the
2. The obligation is contractual in nature;
creditor or insisted by the debtor:
3. The parties expressly agreed to consider the effects of the extraordinary
1. When the obligation expressly stipulates the contrary:
inflation or deflation (Equitable PC/ Bank v. Ng Sheung Ngor. G.R. No.
2. When the different prestations which constitute the objects of the obligation
171545, December 19, 2007);
are subject to different terms and conditions;
4. There must be a decrease increase in the purchasing power of the
3. When the obligation rrerrliquidated and in part unliquidated (CIVIL
currency which is unu a yond the common fluctuation in the value of
CODE, Art. 1240)'''
said currency; and
4. When the paftI so ably cannot be expected to
5. Such decrease or incr - e ot have been reasonably foreseen or was
be perforr9
manifestly beyond th-. ation of the parties at the time of the
5. When tl re is a cceptance (DE LEON,
establishment of the o • •%,.1ii• • sup 262).
supra 3"

Q: What currenity sh be ubed in payment of debt ? Q: Where shall obligations

ANS: The following a e places w bligations shall
ANS: The pay Is ebtsIELmone.y...sbilte_ma,d
ia • the c rteftey tipulatecl, and if it
1. If there is a p ation, th ent shall be m he place designated;
is not possible o deffi r suchcurt9ncy, then in the,cu*rtcy ion-is 1gal tender in the
2 If there i :bon a he thing to be ered is specific, the
Philippines (C E, ArtA1249,-par. 1),
payn de at the where th ?thi , at the perfection of
Iii
Q: When doe rY qt.pr,omissory.note-or-bi i re -ich duce the effect
3. If ng to enertc (and in any
of payment?
ot t shall the debtor (CIVIL
ANS: The deli omissory.Xotes payable)ó:tirder, or ills of xchange or other
CODE
mercantile documents s II p?odu?,$`•the 4ff of-,pa,‘yrnentAnly w they have been
cashed, or when though t faulVorthestr _itor ey haves-teen aired (CIVIL CODE,
Q: What is the con q .of " plication
Art. 1249, par. 2).
ANS: He who has va ebts of t L„Javor of one and the same
Note: In the meantim th ligation shall be held in creditor, may declare tato which of them the same
abeyance (CIVIL CODE, must be applied Unles ieS so stipulate, or when the application of payment is
Note: The rule that the fault 'af airs the instrument, produces the made by the party for efit the term has been constituted, application shall not
effect of payment is applicable only to a For document executed by third persons be made as to debts which not yet due (CIVIL CODE, Art. 1254, par. 1).
and delivered by the debtor to the creditor, not to instruments executed by the debtor
himself (Cornpania General de Tabacos v. Molina, G.R. No. 2091, October 18, /905). Q: What are the requisites in order that there will be an application of payment?
(OSDI)
Q: Is the requirement of payment in Philippine currency absolute? ANS: The requisites for there to be application of payment are the following:
ANS: No. As a general rule, all monetary obligations shall be settled in the Philippine 1. There must be only One debtor and only one creditor;
currency which is legal tender in the Philippines. However, the parties may agree that Note: An exception is provided under Article 1792, whereby application of
the obligation or transaction shall be settled in any other currency at the time of payment payment may be had even if there are two creditors - the partnership and
(R.A. Na 8183, otherwise known as An Act to Assure the Uniform Value of Philippine the managing partner (JURADO, supra at 269). But the law allows such
Coin and Currency, Sec. 1). application in favor of the managing partner only if the personal credit of the
partner should be more onerous to him:
0: What is "legal tender"?
Note: The requirement that there must be only one debtor does not militate
ANS: Legal tender, within the meaning of Article 1249, refers to such currency which
against the possibility of extending the rules on application of payment to
may be used for the payment of all debts, whether public or private (JURADO, supra at
solidary obligations (JURADO, supra at 268).
251). All notes and coins issued by the Bangko Sentral shall be fully guaranteed by the
Government of the Republic of the Philippines and shall be legal tender in the 2 There must be two or more debts of the Same kind:
Philippines for all debts, both public and private (R.A. No. 7653, Sec. 52). Note: The fact that the debts are of the same kind is reckoned from the time
of the application of payment, not from the time of constitution of the
 CIVIL LAW I
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obligation. A non-monetary obligation, for instance, may be converted into Q: What is the rule when debts are of the same burden?
one of damages at the time of application of payment ANS: If the debts due are of the same nature and burden, the payment shall be applied
3. All the debts must be Due, except' to all of them proportionately (CIVIL CODE, Art. 1254 par. 2)
a. If there is stipulation to the contrary; or
Q: What is "payment by cession"?
b. Application of payment is made by the party for whose benefit the term ANS: Cession or assignment may be defined as a special form of payment whereby
has been constituted (CIVIL CODE, An 1252); and
the debtor abandons all of his property for the benefit of his creditors in order that from
4. Amount paid by the debtor is tnsufficient to cover the total amount of all the the proceeds thereof the latter may obtain payment of their credits (JURADO, supra at
debts (JURADO, supra at 268). 275). It is the assignment or abandonment of all the properties of the debtor for the
benefit of his creditors in order that the latter may sell the same and apply the proceeds
0: Is the creditor also given the right to apply payment? thereof to the satisfaction of their credits (DE LEON, supra at 355).
ANS: Yes_ Article 1252 gives the right to the debtor to choose to which several
obligations to apply a particular payment that he tenders to the creditor. But likewise 0: What are the requisites of payment by cession?
granted in the same provision is the right of the creditor to apply such payment in case ANS: It is essential that the following requisites must concur:
the debtor fails to direct its application. It is the directory nature of this right and the 1. Plurality of debts;
subsidiary right of the creditor to apply payments when the debtor does not elect to do 2. Partial or relative insolvency of the debtor;
so that makes this right waivable4Pfernfere7Degefooment Bank v. Central Surety & 3. Acceptance of the cession creditors (JURADO, supra at 275), and
Insurance Company, Inc., GRrT . 176246,1F rue tif'1.3, 2009). 4. The assignment must A..5 I the properties of the debtor (DE LEON,
supra at 355).
Q: What are the rule
ANS: The followin Note: Article 1255 contemplates of two or more creditors and involves
1_ The p ,kbd applied accoring.tth,he dersignation of the debtor the assignment of all the debtor's pr of the Phi/s. v. Court of
(CIVI Art.11252,`par. Appeals, G.R. Nos. 118342 &
1 \
2. If thi deb accepts from the-Credltor a receipkth .wid an application of vt4.
Q: What are the differ .es betweepAa on in payment ayment by cession?
thepayme t is mvde. Iheion ercáanolsoJpplain'iUhe same unless there
ANS: The following at the dif-ferene etween dation t ment and payment by
is 4 cadfetfor invalidating the contract (CIVIL CODE.,Art, •P 52, par. 2),
cession:
3 W *en fffei payment cannot be applied in 7 accord4nce h the preceding
rul siapplication cannpt.be inferred frm.otherci?Ufr stances, the debt ION MENT PAYMENT
whtch 1 Aostoner us-to-the.debtor,arnotiVthestue, all be deemed to Dation in Payment Payment by Cession
ha f ibfrillsatiSfied ‘IVIL CODE, Art. 1154.`par. 1 : 4,
4. If the - ebtsbsdue and.'oNhe saMe•riat,ur 'wtd buriden. the' payment shall be As to number may be y cession plurality
applied to alNf them' pOpciftionatVy'..(CWIL copE. Art. 1254, par. 2); and of parties of creditors is essential
5. If the debt prolyoes infeies,tZi),6ine-rit of thei TirincipalAhall not be deemed
to have'been made until IrIte'alits`haveke,en coveted (CIVIL CODE, Art. As to financial In"dacion pago the 'not In payment by cession the
1253). ',.. ,' ---,. '-",:,,,., condition of nece in a state' or is in a state of partial or
the parties re a ve insolvency.
Q: What are the rules whe debts are rit?ti, e sameurden in legal application
As to object In d n pago what is In payment by cession what is
of payment?
delivere.' y'i e debtor is merely a ceded by the debtor is the
ANS: The following are the rules when the debts are not of the same burden:
thing to be considered as the universality of all of his
1. Where there are various debts due and they were incurred at different
equivalent of the performance of property.
dates, the oldest are more onerous to the debtor than the more recent ones;
2. Where one debt bears interest and the other does not, even if the latter was
incurred at an earlier date, the first is more onerous to the debtor;
the obligation.
J
As to effect In (lecton en pago the payment In payment by cession the
3 Where one debt is secured and the other is not, the first is more onerous to extinguishes the obligation to the effect is merely to release the
the debtor; extent of the value of the thing debtor for the net proceeds of
4 Where the debtor is bound as principal in one obligation and as guarantor or delivered either as agreed upon or the things ceded or assigned,
surety in another, the former is more onerous to him-, as may be proved, unless the unless there is a contrary
5 When the debtor is bound as a solider)/ debtor in one obligation and as the sildnce of the parties signifies that intention.
sole debtor in another, the former is more onerous to him, they consider the delivery of the
6. Within a solidary obligation, the share which corresponds to a solidary thing as the equivalent of the
debtor would be most onerous to him; performance of the obligation.
7. Where one obligation is for indemnity and the other is by way of penalty, the
former is more onerous to the debtor; and As to whether Dation is really an act of novation. Cession is not an act of
8. Where one debt is liquidated and the other is not, the former is more is an act of novation.
onerous to the debtor (JURADO, supra at 273-274). novation
(JURADO, supra at 275-276, DE LEON, supra at 357).
 CIVIL LAW a
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Q: What is the effect of payment by cession? 3. That previous notice of the consignation had been given to the persons
ANS: The debtor may cede or assign his property to his creditors in payment of his interested in the fulfillment of the obligation (CIVIL CODE, Art. 1256):
debts. This cession, unless there is stipulation to the contrary, shall only release the 4. That the thing or amount due had been placed at the disposal of judicial
debtor from responsibility for the net proceeds of the thing assigned. The agreements authority (CIVIL CODE, Art. 1258, par 1); and
which, on the effect of the cession, are made between the debtor and his creditors shall 5. That after the consignation had been made the persons interested in the
be governed by special laws (CIVIL CODE, Art.1255). fulfillment of the obligation had been notified thereof (CIVIL CODE, Art.
1258, par. 2; PNB v. Chan, G.R. No. 206037, March 13, 2017).
Q: What is "tender of payment"?
ANS: Tender of payment "is the manifestation by the debtor of a desire to comply with Q: What are the instances where a consignation produces the effect of payment
or pay an obligation (Spouses Bonrostro v. Spouses Luna, G.R. No 172346, July 24, even without prior tender of payment? (AIR-CL)
2013). ANS: Consignation produces the effect of payment even without prior tender of
payment in the following instances:
Tender of payment is the definitive act of offering the creditor what is due him or.
1. The creditor is Absent or unknown or does not appear at the place of
her, together with the demand that the creditor accept the same. More important, there
payment:
must be a fusion of intent, ability and capability to make good such offer, which must be
absolute and must cover the amount due (Far East Bank & Trust Company v. Diaz Note: Absence need not be judicially declared, He must however, have no
Realty Inc.. G.R. No. 138588. legal representative to a payment.
2_ The creditor is Incapaci eceive the payment at the time it is due
Q: What is "consignatioti'.'-?.„ 3. When without just cau itorilefuses to give a receipt;
ANS: Consignation ;sthe,, at f.iideVo—sifinr ith the court or judicial 4. When two or more m the right to collect (as in the case of
authorities whenever cjAptOr ca_hAioLacc.ept or re payment. It generally interpleadery and
requires a prior tea6ler ci!ip merirTPNB v. Chan, ,3 March 13, 2017). 5. When the title of the, 0131 CODE, Art 1256)

gnation? Note: The rule also applielififkhe cred' payment. intimated that
Q: What are th 'differences yetween tender-of payr4ent a
he will not accept the cO5T6r:s payme c. v. Dejarnie, G R No
ANS: The foll the ereaces;------- --
L-32908, November 28$930)
0PRAYMENT.: vs;.00NSIGNA
Q: What is the ef4eieof' varriite%de'r of ment?
. , ANS: Tender of does ndtkib elf prod ment, unless it is
r antecedrt-, of the act of completed by giQAtib ouvs Can Spo a 139523, May
natiOkit t ;is; ana the ng due with the 26, 2005). -Theeffect of 4a lid te r of ment is pt the debtor from
ory to) nsignatio_ r j Iola' authorities payment of interea, n amages Ph' me National Relative, G.R. No. L-
roe er th creditor cannot 5298, October 29,
rive4:the Ate, pt or efuses to accept
4bttir ,YrdSti d it generally requires Q: May the debtor wittOraW es, what are the effects?
der of payment. ANS: Yes. The debtor 'ay wit ited:
1. Before the bditor accepted the consignation;
cipal act. 2. Before judici Ia, ration that the consignation has been property made
(CIVIL CODE, AFt. 260); or
3. The creditor should authorize the debtor to withdraw the same.
Extrajudicial character. Judicial in character.
In (1) and (2), the obligation shall remain in force. In (3), the relations between
the creditor and debtor remain as they were, but the creditor shall lose every preference
(Meat Packing Corp. Of The Phil. v. Sandiganbayan, et al, G.R. No. 103068, June 22, which he may have over the thing. The co-debtors, guarantors, and sureties are
2001; B.E. San Diego, Inc, v, Alzul, G.R. No. 169501, June 8, 2007) released (DE LEON, supra at 373; CIVIL CODE, Art. 1261).
Q: What are the special requisites of consignation? Q: What is the effect if there is no prior notice to persons interested in the
ANS: In order that consignation shall produce the effects of payment, it is not only consignation?
essential that it must conform with all of the requisites of payment, but it is also essential ANS: In order that the consignation of the thing due may release the obligor, it must
that certain special requirements prescribed by law must be complied with. The debtor first be announced to the persons interested in the fulfillment of the obligation_ The
must show: consignation shall be ineffectual if it is not made strictly in consonance with the
1 That there is a debt due; provisions which regulate payment (CIVIL CODE, Art, 1257).
2. That the consignation has been made either because the creditor to whom
tender of payment was made refused to accept the payment without just Q: Who bears the expenses of consignation?
cause, or because any of the cause stated by law for effective consignation ANS: The expenses of consignation, when properly made, shall be charged against
without previous tender of payment exists (CIVIL CODE, Art. 1256); the creditor (CIVIL CODE, Art. 1259).
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Q: Can the debtor ask for cancellation of the obligation? Q: Who shall determine if there is partial loss?
ANS: Yes. Once the consignation has been duly made, the debtor may ask the judge ANS: The courts shall determine whether, under the circumstances, the partial loss of
to order the cancellation of the obligation (CIVIL CODE, Art 1260, par. 1). the object of the obligation is so important as to extinguish the obligation (CIVIL CODE.
Art. 1264).
LOSS OF DETERMINATE THING DUE OR IMPOSSIBILITY OR DIFFICULTY OF
PERFORMANCE Q: What is the presumption in case of loss of the thing in the possession of the
debtor?
Q: Define "loss of the thing due"_ ANS: Whenever the thing is lost in the possession of the debtor, it shall be presumed
ANS: In its strict sense, "loss of the thing due" means that the thing which constitutes that the loss was due to his fault, unless there is proof to the contrary, and without
the object of the obligation perishes, or goes out of the commerce of man, or disappears prejudice to the provisions of Article 1165. This presumption does not apply in case of
in such a way that its existence is unknown or It cannot be recovered_ In its broad earthquake, flood, storm or other natural calamity (CIVIL CODE, Art. 1265).
sense, it means impossibility of compliance with the obligation through any cause. tn
other words, it is synonymous with what other codes term 'impossibility of performance" Q: What are the requisites in order that impossibility of performance may
(JURADO, supra at 287-288). extinguish an obligation to do?
ANS: The following are the requisites for impossibility of performance to extinguish an
Q: When will loss of the thing extinguish an obligation to give? obligation to do:
ANS: An obligation which con,sists'117,fliridelivery of a determinate thing shall be 1 The prestation constitutieg-AlitrobjeCt of the obligation must have become
extinguished if it should be„lett tw destrOyeti WithOut:irrie,fault of the debtor, and before legally or physically ;m ' "i " f compliance without the fault of the obligor:
he has incurred in delay/C/A, OOD_E,
, ArL- 1262. par. 1j 2_ Before he has incurre4 d j therwise, the obligation shall be converted
into one of indemnity , and
Q: What are the regitisites hebrdeLAhat-art..obligatiorktgive may be extinguished 3. The impossibility must d-rlfr the 4,,,..
--9stitution of the obligation;
-
by the loss of thOtt4rig'?'_' otherwise, if it wa fhebjjai h was constituted, there
ANS: The followfrig-resgyiSite must concur_ would be a gation whip would be ine live from its inception
1 TheAhing which i lost must be determlnatet (JURADO, ra at 292).
2. Thdthingi lost vIithoutarty.faultef•the-debtor; anq
3 The thing tS lost *ore the debtorhas incuried in deterrARADO, supra at ,
Q: What is the eff "Sibility tithe performance ckan obligation to do
280). t „ r
t - upon the debtor • v
' • - ANS: The d 1 in a tions tedo s1 tll also be irele hen the prestation
Q: What are tl; inttarces-When-loss-efining-willitot extinggi44,liability? becomes leg T p, impRssible 'thout th or (CIVIL CODE
ANS: Loss of thihg due ;hot exfihguiSh liabilitY,In'thesefinstances- Art. 1266).
1 When the law so pr*qes (C/1/111160 1114 and 262 par. 2); 't...
lia6le eve for fortuitous event 4V, ...
2 WheNtcis stipulateethekthe oblig Q: What is the Doctrin.,* e`of F9,istrat1on o nterprise, Doctrine of Unforeseen
(CIVIL ODE, M‘ 1174 . nclAtt..71-262, par. 2)e Events, or Doctrine*Ofeelatige lmpossi
3 When the nature'vof ref:14es the as mption of risk (CIVIL ANS: When the service: his become ts be manifestly beyond the
CODE, A 262, contemplation of the piftjes, the101.4' to release the obligor in
4. When the Ids, " d Qs partly..„vp,‘19the fault of the debtor (Tan whole or in part. This iftlso reteh-ed to as the Doctrine of Frustration of Enterprise or
Chiang Sian v. I tduti & COV L76092, March 8. 1912): Doctrine of Unforeseen Ev4ntAior Doctrine of Relative Impossibility (CIVIL CODE, Art.
5. When the loss of the hing occuis- after the debtor incurred in delay (CIVIL 1267). "Service" refers to thne-rformance of the obligation (Naga Telephone Co., Inc v.
CODE, Arts. 1262 par. 1 and 1165 par. 3) Court of Appeals, G.R. No, 107112, February 24, 1994).
6. When the debtor promises to deliver the same thing to two or more persons
who do not have the same interest (CIVIL CODE, Art. 1165 par. 3); Q: What is the rule in fortuitous event if an obligation arises from a criminal
7, When the obligation to deliver arises from a criminal offense (CIVIL CODE, offense?
Art. 1268): or ANS: When the debt of a thing certain and determinate proceeds from a cnminal
8. When the obligation is to deliver a generic thing (CIVIL CODE, Art. 1263). offense, the debtor shall not be exempted from the payment of its price, whatever may
be the cause for the loss, unless the thing having been offered by him to the person who
Q: What is the effect of loss of a generic thing? should receive it, the latter refused without justification to accept it (CIVIL CODE, Art.
ANS: In an obligation to deliver a generic thing, the loss or destruction of anything of 1268),
the same kind does not extinguish the obligation (CIVIL CODE, Art_ 1263). This is based
upon the principle that generic things never perish (genus nunquam peruit). Q: What is the effect of the extinguishment of an obligation by the loss of the
thing upon the creditor?
Q: What is "partial loss of the thing"? ANS; The obligation having been extinguished by the loss of the thing, the creditor
ANS: There is partial loss when only a portion of the thing is lost or destroyed or when shall have all the rights of action which the debtor may have against third persons by
it suffers depreciation or deterioration Partial loss is the equivalent of difficulty of reason of the loss (CIVIL CODE, Art_ 1269).
performance in obligations (DE LEON, supra at 376).
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CONDONATION OR REMISSION OF DEBT 2. Must take place in the person of either the Principal creditor or the principal
debtor (CIVIL CODE, Art 1278); and
Q: What is "condonation" or "remission"? 3. There must be a Complete and definite meeting of all qualities of creditor
ANS: As a mode of extinguishing an obligation, condonation or remission of debt is an and debtor in the obligation or in the pan thereof affected by the merger
act of liberality, by virtue of which, without receiving any equivalent, the creditor (Valmonte v. Court of Appeals, G.R. No. L-41621, February 18, 1990).
renounces the enforcement of the obligation, as a result of which it is extinguished in its
entirety or in that part or aspect of the same to which the remission refers (Dizon V. CI: What is the effect of merger in the person of guarantor?
Court of Tax Appeals, GR. No. 140944, April 30, 2008) ANS: The extinguishment Of the accessory obligation does not carry with it that of the
principal obligation. Consequently, merger which takes place in the person of the
Q: What are the requisites in order that there will be a remission or condonation guarantor, while it extinguishes the guaranty, leaves the principal obligation in force
which will result in the total or partial extinguishment of the obligation? (GADCIF) (CIVIL CODE, Art. 1276: DE LEON, supra at 412).
ANS: The requisites are;
1. It must be Gratuitous; Q: What is the effect of confusion in both joint and solidary obligation?
2. It must be Accepted by the obligor; ANS: In a ioint obligation, each debtor has his own creditor to whom he is liable and
3. The obligation must be Demandable; confusion taking place in the person of any debtor or ci editor does not affect the others
4. Parties must have the Capacity; Confusion does not extinguish a joi obligation except as regards the share
5 It must not be jnoffi tielg d"byr,wj,es regarding inoffictous donations
corresponding to the creditor or 4e whom the two characters concur (CIVIL
- CIVIL CODE, 750-75k arld CODE, Art. 1277). In a solida o erger in the person of one of the solidary
6. It must corn If-with !tifkForrinerfities'Vr cribe or donation (CIVIL CODE, debtors shall extinguish the entir because it is also a merger in the other
Arts. 748- prelt-(4yffi,COD, Art 1270)
rerof ioliTriger— solidary debtors (DE LEON, supr
Q: What are the ills an finli 1ied condonatiolver mis t\of debt?
- COMPENSATION
ANS: The insta3bes tiøcpiieicondonation or iemissir o re:
t The,ioelivery of aipnvate document evidencing tqe,ccedit. made voluntarily CI: What is "compen
by theczpditor to the debtor.(CML.CODE„Art. 12 11.Pdr. 1), ANS: Compensation e,extinguisj in the concurre t mount of the obligations
N ef-lf-irf order to nullify this waiver it should be . 161Fi'recis to be inofficious,
of those persons who qv° y ii tors and creditor at each other (PARAS,
th4 de or and his heirs may uphold it bV proving thati.ittie delivery of the Obligations and Co ~ at 460).
15
do eV( was- Made in virtue of paymetif -Of the Adebt ( , 11/IL CODE. Art.
1271 par.‘2).
I 1, , - - .
Q: When do
ANS: It tak ors and debtors
2. It is‘plesurked that the accessory o0Hg- in of ledge )as been remitted ofeach other (
when. the this? g pledged, after its d&ivery to the creditor, is found in the
* -
possession of.,the debtor, ,dr.of-4 thiedpersori who ohns the thing (CIVIL Q: What are the kin
CODE,''kt. .
If ANS: The kinds of corn
1. As to caus-.; rnpen
What are the reqiiisitesgolt theimplia'condO.nation' or remission of debt? a. Legal, on it ;. s effect by operation of law from the moment all of
,
(DPV) - the reqs" s ;.7re .resent (CIVIL CODE, Arts. 1286-1290);
ANS: The requisites for impliesJboodzatton oqemesion to exist are; b. Volunta , ' the parties who are mutually creditors and debtors
1 The document evidencing the credit
was Delivered by the creditor to the agree to compensate their respective obligations, even though all of the
debtor: requisites for compensation may not be present (CIVIL CODE, Art
2. Such document is a Private document: and 1282); and
3. The delivery was Voluntary (CIVIL CODE, Art. 1271). c. Judicial, when it takes effect by judicial decree (CIVIL CODE, Art.
1283).
Q: What is the effect of renunciation of principal debt on accessory obligation? 2. As to effect, compensation may be.
ANS: The renunciation of the principal debt shall extinguish the accessory obligations; a. Total, when the two debts are of the same amount; and
but the waiver of the latter shall leave the former in force (CIVIL CODE, Art. 1273). b. Partial, when the debts to be compensated are not equal in amount
(CIVIL CODE, Art, 1281).
CONFUSION
Q: What is "confusion" or "merger"? Q: What are the requisites of legal compensation? (PS-DL-NoNo)
ANS: There is confusion or merger when the characters of creditor and debtor are ANS: The requisites for legal compensation to occur are the following.
merged in the same person (CIVIL CODE, Art. 1275). 1. There must be two (2) Parties, who, in their own right, are PRINCIPAL
creditors and PRINCIPAL debtors of each other (CIVIL CODE. Art 1279)
Q: What are the requisites of confusion or merger of rights? (MPC) except in case of a guarantor (CIVIL CODE, Art. 1280);
ANS: The requisites for there to be confusion or merger of rights are the following. 2. Both debts must consist in a Sum of money, or if the things due are
1. Merger of the characters of the creditor and debtor must be in the same consumables, they must be of the same kind and quality (CIVIL CODE, Art.
person (CIVIL CODE, Art. 1275); 1279):
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Note: This contemplates only obligations to . give for the reason that
gEpP N
o 2,2RED BOOK
compensation is as a general rule not possible in obligations to do because
of the differences in the capacities of the obligors (JURADO. Obligations
and Contracts, supra at 317)
3. Both debts must be Due (CIVIL CODE, An' 1279), except voluntary
compensation (CIVIL CODE, Art 1282).
4. Both debts must be Liquidated and demandable (CIVIL CODE, Art. 1279),
5, There must be No retention or controversy commenced by third persons
over either of the debts and communicated in due time to the debtor (CIVIL
CODE, Art 1279), and
6. The compensation must Not be prohibited by law (CIVIL CODE. Arts 1287-
1288),
Q: What are the requisites of voluntary or conventional compensation?
ANS; The only requirements for conventional compensation are (1) that each of the
parties can fully dispose of the credLt.he-seeks•to,,,compensate and (2) that they agree to
the extinguishment of their rrlutcrSrcredits (Traders 'Royal Bank v Spouses Castanares,
G.R No 172020, Decem r,6,
,,,,,,'' ,
b. From the obligations of a depositary; or
<CI
c. From contracts of commodatum.
Note: The law uses the word "depositum" and not deposit so as not to
confuse it with "bank deposits.' which can be subject to compensation. In (b)
and (c), the depositor and the lender may claim facultative compensation
Note: The relationship between a bank and its depositor is that of creditor
and debtor. For this reason, a bank has the right to set-off the deposits in its
hands for the payment of a depositor's indebtedness (Equitable PCI Bank v
Ng Sheung Ngor, G.R. No 171545, December 19 2007)
2. Neither can compensation be set up against a creditor who has a claim for
support due by gratuitous title, without prejudice to the provisions of
paragraph 2 of Article 301 (CIVIL CODE, Art. 1287),
Note: Support in arrears, however, can be compensated
3 If one of the debts consists n civil liability arising from a penal offense
(CIVIL CODE, Art. 1288)„,..,
4. Certain obligations in f e government, such as taxes, fees, duties
and others of similar

Q: What are the effects to,p9stible compensation Of all' assignment of rights by A partner is responstb partnership for damages suffered by it
the creditor to a thir rs,ofi'? through his fault. andj nsat em with the profits and
ANS: The effects td corn,p'enqiion of an gssgarnenf of rights,* the creditor to a third benefits which he may nership by his industry
. • .,
person are. / - ,- i - •. (CIVIL CODE, $4794).
1 Asqgnmeni with 1zthe consent, of the debtor - the gebtor cannot set up Note: Only Offender is*
agginTsPhe assigride- Ther Coffilie - FS"ation whjch would:wthin to him against
the atsigrfor, unless the assignor was notified by Ole debtor at the time he NOVATION
gaVe donsent, \hat he reserved his right to the cempendation. Q: What are th *tatance Wen noxati
2. Assignment with 1h knowledge but without the consent 4 the debtor - the ANS: The ins aces are following-
detitor set'uk, e-Co-Iii-p‘'nitiOnOtkietats prOiottecssion, but not of 1. CPing4tf ect af hnci conditiO
t .• i '
sub ones7i„. , • 2. Substituting rsoi4he tor; and
3. Assi nment itho4the owildgepf„.tfie‘o&otW'L the d tor may setup the 3 Sub e rights of the creditor (CIVIL CODE, Art.
comp hsation\f. all credile'prior,to the same and also I er ones until he had 1291).
knowledge of th sstgrirnern(ql-VA 'COD,E rt. 1285f
Q: What are the requis
Q: What is the effect‘ tv eria)ke quisites-forregal cO-Meensation are present? ANS: Extinctive novati
ANS: When all the said Omit 7 'are p çnt oqperi,atfon takes effect by operation 1. There must s valid obligation;
of law, and extinguishes both"bths to th& bicurrrtf.,affount, even though the creditors 2. The parties must agree to a new contract;
and debtors are not aware of the co iensattotrtTVIL CODE, Art 1290). It takes place 3. The old contrac ust be extinguished; and
even though the debts may be payable at different places, but there shall be an 4. There must be a valid new contract (David v David, G.R. No. 162365,
indemnity for expenses of exchange or transportation to the place of payment (CIVIL January 15, 2014).
CODE, Art. 1286)
Q: in order for an obligation to be extinguished by reason of novation, what form
Q: What is the effect of compensation if a person should have several debts? of extinguishment is required?
ANS: If a person should have against him several debts which are susceptible of ANS: Extinguishment of novation may either be:
compensation, the rules on the application of payments shall apply to the order of the 1. Express, wherein the extinguishment by reason of novation must be so
compensation (CIVIL CODE, Art. 1289). declared in unequivocal terms; or
2. Implied, when the old and the new obligations be on every point
Q: Can a claim for damages be used to off-set an obligation? incompatible with each other (CIVIL CODE, Art. 1292) The change must
ANS: Yes. If one of the parties to a suit over an obligation has a claim for damages refer to the object, the cause, or the principal condition of the obligation. In
against the other, the former may set it off by proving his right to said damages and the other words, there must an essential change and not merely incidental
amount thereof (CIVIL CODE, Art. 1283). (Young vs. Court of Appeals, G.R. No 83271, May 8, 1991).
Q: When is compensation not proper? Q: How can a substitution of a new debtor in the place of the original one be
ANS: Compensation shall not be proper made?
1 When one of the debts arises: ANS: Novation which consists in substituting a new debtor in the place of the onginal
a. From contracts of depositum: one may be made even without the knowledge or against the will of the latter, but not
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without the consent of the creditor. Payment by the new debtor gives him the rights Note: In expromision, should the substitution be with the knowledge or consent of the
mentioned in Articles 1236 and 1237 (CIVIL CODE, Art 1293). old debtor, the insolvency or non-fulfillment of the new debtor shall REVIVE the liability
of the original debtor to the creditor (JURADO. Obligations and Contracts, supra at 345).
Q: What are the two forms of novation by substitution of debtors?
ANS: The two forms of novation are: Q: When can an accessory obligation subsist when the principal obligation is
1. Expromision is the substitution of debtors with the consent of the creditor at extinguished?
the instance of the new debtor even without the knowledge or against the ANS: As a general rule, extinguishment of principal obligation extinguishes the
will of the old debtor (beneficial reimbursement) accessory obligation. The exception is provided in Article 1296 of the Civil Code that
2. Delertacion is the substitution of debtors effected with the consent of the accessory obligations may subsist when the- principal obligation is extinguished in
creditor at the instance of the old debtor with the concurrence of the new consequence of a novation but only insofar as they may benefit third persons who did
debtor (S.C. Megaworld Construction Development Corp. v Parade, G.R. not give their consent (CIVIL CODE, Art 1296).
No. 183804. September 11, 2013).
Q: What is the effect if the new obligation is void? -
Q: What are the requisites for expromision? ANS: If the new obligation is void, the original one shall subsist unless the parties
ANS: The requisites of expromision are: intended that the former relation should be extinguished in any event (CIVIL CODE, Art
1. The initiative must come erson (who will be the new debtor); 1297)
2. The new debtor aj kffcrecitor m nt; and
3. The old debtet; ustVexcj, ed o ,from his obligation (PARAS. Q: What is the effect if the origin ion is void?
Obligationsin upfe.a 4, ANS: If the original obligation is ation is void, except when:
1. Annulment may be cla y the debtor; or
Q: What are the requi r de/egarrair----, 2. When ratification veil are v . ble (CIVIL CODE. Art
ANS: The requi kg.".ef, eg cion ate: 1298).
1 The ptiatIvqfcoms frormthe ofd debtor.
2 All the,part, s c,o erned must consent or atiree. CI: If the original obliOhon. was sup to a condition, Id the new obligation
3 Th o9g1mal debtor is refased from ,the Ob ation , Obligations and be under the same co n?
Coifavts! supra qt ANS: Yes. When th le• obligation as subject t a ensive or resolutory
condition, the ne 'gat II be un the same cndi nless it is otherwise
Q: What are cts Oflie new debtor's i ins Ifillment of the stipulated (CI ODE 1299).
obligation?
ANS: The effe neW Ob‘tsr's insolVen_ e obligation are. Q: What are distindti epee vention nand assignment
1 In ion, e' -Inv debtoK -fulfillment of the of rights?
oblig n sh not'giy'e4sest04,,any (ab- e part f the original debtor ANS: The distincti following:
(CIVIL ODE, Art. 1294(, '-f .---,:. -I: CONVENTIdNAL $03ROGATICilskttli SIGNMENT RIGHTS
2 In deleg sten, th i l ,,pNhie. r.e..ciltai. Ca o fbAgeybe revived except:
a. The sa so4iirii was-iairdaycVxisting,and of public knowledge Conventional Subrogation I Assignment of Rights
(although L,,ws loot khoWni\t-o eaddebtor) at the time of the
As to rules which Governed by Articles 1624-1627
delegacion, or-,...„.._ .- C of the Civil Code
govern
b. The insolvency was aireadre'xisting and known to the debtor (although
it was not of public knowledge) at the time of the delegacion (CIVIL As to the The debtor's consent is The debtor's consent is not
CODE, Art_ 1295). necessity of required required
debtor's consent
Q: What are the effects of a substitution of a new debtor without the knowledge or
against the will of the original debtor? As to effect upon Has the effect of extinguishing Has the effect of transmitting the
ANS:. The effects are the following: obligation the obligation and giving rise rights of the creditor to another
1 The new debtor can recover only insofar as the payment has been to a new one person without modifying or
beneficial to the debtor (CIVIL CODE, Art. 1236): extinguishing the obligation
Note: However, he cannot compel the creditor to subrogate him in his
rights, such as those arising from a mortgage, guaranty, or penalty (CIVIL As to effect upon Defects or vices in the original Defects or vices are not cured
vices obligation are cured
CODE, Art. /237).
2. The new debtor's insolvency or non-fulfillment of the obligation shall not give As to time of The effect arises from the The effect, as far as the debtor
rise to any liability on the part of the original debtor (CIVIL CODE, Art effectivity moment of novation or is concerned, arises from the
1294). subrogation moment of notification
(JURADO, Obligations and Contracts, supra at 350).
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Note: Legal subrogation produces the same effect as assignment, and also no new
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2. Autonomy of contracts — The contracting parties may establish such

obligation is created between the subrogee/new creditor and debtor. Unlike assignment, stipulations, clauses, terms and conditions as they may deem convenient,
however, legal subrogation, to produce effects, does not need to be agreed upon by the provided they are not contrary to law, morals, good customs, public order, or
subrogee and subrogor, unlike the need of an agreement between the assignee and public policy (CIVIL CODE, Art. 1306).
assignor (Henson, Jr. v. UCPB General Insurance co., Inc., G.R. No. 223134, August 3. Relativity of contracts -Contracts take effect only between the parties, their
14, 2019), assigns and heirs, except in case where the rights and obligations arising
from the contract are not transmissible by their nature, or by stipulation or by
Q: What are the kinds of subrogation of a third person in the rights of the provision of law. The heir is not liable beyond the value of the property he
creditor? received from the decedent (CIVIL CODE, Art. 1311. par. 1).
ANS: Subrogation of a third person in the rights of the creditor is either. 4. Consensuality of contracts - Contracts are perfected by mere consent, and
1. Legal subrogration. which is not presumed and takes place by operation of from that moment the parties are bound not only to the fulfillment of what
law, except in cases expressly mentioned in this Code; or has been expressly stipulated but also to all the consequences which.
2. Conventional subrogation of a third person which requires the consent of the according to their nature, may be in keeping with good faith, usage and law
original parties and of the third person (CIVIL CODE, Art. 1301). (CIVIL CODE, Art. 1315).
Q: When Is legal subrogation presumed? (PA!) Note: Real contracts, such as deposit, pledge and commodatum, are not
ANS: it is presumed that there at•silbcdgattory. perfected until the delivery of a object of the obligation (CIVIL CODE, All
1. When a credito,43 anottler cr tor wIteos Preferred, even without the 1316). Solemn contr - ire compliance with certain formalities
debtor's kno dg,P.`Ns prescribed by law, su -d form being essential element thereof
2. When a tD4 1 rs rits tingrel1ed4a.,.the VigatitT. pays with the express (DE LEON, Obligati° -; =cts, supra at 542).
or tacit AaxovafHte debtoc 5. Obligatory force of co r ons aris from contracts have the
3. Whenhxen ou e nowledge orthe,debior, a pertwn Interested in the force of law betwee t4e ould be complied with in
fulfillaianta the o 'ligatiortpayk without prejudice to thesseffects of confusion good faith (CIVI DE, A 59)
,
as tifthe la S S are (CIVIL*C-ODE. Art. l02).' '
1 r Q: What are the limita ' n on cone, I stipulations?:
Q: What are trfe did' s of 4iiiiiiiiiion?'--- 1 I
ANS: Subrogatf'&1'slall have the'following effects. ANS: The contractin 1,„ma5i est sh such stip#tkpna, clauses, terms and
1 Subro at n transfers tosthe persons subrogated the creditiwith all the rights conditions as they may de se.gpvenient, vided they ate ngt cOotrary to law, morals,
theIo apertaiotng,,.,either aRainst the debtor or againstIthird persons, be good customs,RtitIc order;tor public polic CIVIL CODE. Ar6 134).
.s.
the ;Oaf tors ,t:ir 'possessors of mortgages, s4b1eerti) stipulation in a Sr
con erilion subtogahon (C/tiff:COD: Art. 130.), and ' Q: Can the aternirrietion left to a third
2 A creditor, t ,.whonsi pasalal paymentsbas been made, may exercise his right person?
for the remain,,dar and'he''shall be preferred to the ri rson who has been ANS: Yes, the det of th erf ance may be left to a third person, whose
subrogated in hislace in vtrftTe of the paseal payrnont of the same credit decision shall not b til it' has de known to both contracting parties
- (CIVIL CODE. Art. 13 determin
(CIVIL cbgE. Aft TSQ0 -- -
inequitable. In such e, the Rs': s
t be obligatory if it is evidently
cl"liat is equitable under the
Note: Unlike the other 'forrn f ripvaffon. peri.,,essory, obligalions are not extinguished circumstances (CIVIL E, A 10).
because in such obligation?the,Person Opkg4eal,se6cquires all of the rights which
4,;;
the original creditor had against/hird,..persolii,--The'application of this rule is absolute Q: What Is "relativity of c• ts"?
with respect to legal subrogation; however, with respect to conventional subrogation, ANS: Relativity of contracts refers to the principle of civil law that a contract can only
such accessory obligations may be increased or reduced depending upon the bind the parties who had entered into it or their successors who have assumed their
agreement of the parties (JURADO, Obligations and Contracts, supra at 353). personality or their juridical position, and that, as a consequence, such contract can
neither favor nor prejudice a third person (in conformity with the axiom res inter alios
acta &its neque nocet prodest). Thus, Article 1311 of the Civil Code declares that
VII. CONTRACTS contracts take effect only between the parties, their assigns and heirs (JURADO,
Obligations and Contracts, supra at 379).
A;4•60ENERAL PROVISIONS r ‘•: • 1444WirotittrIA
Q: What are the exceptions to the principle of relativity?
Q: What is a "contract"?
ANS: The exceptions to the principle of relativity are:
ANS: A contract is a meeting of minds between two persons whereby one binds himself,
1. Where the contract contains a beneficial stipulation in favor of a third
with respect to the other, to give something or to render some service (CIVIL CODE Art
person, provided that such a third person has communicated his acceptance
1305)
to the obligor before it is revoked (CIVIL CODE, Art. 1311, par. 2);
Q: What are the essential 'characteristics of a contract? (MARCO) 2. Where a third person comes into the possession of the object of a contract
ANS: The following are the essential characteristics of a contract: creating a real right (C1V11. CODE, Art. /3/2);
1. Mutuality of contracts — The contract must bind both contracting parties; its 3. Where the contract is entered into in order to defraud a third person (CIVIL
validity or compliance cannot be left to the will of one of them (CIVIL CODE, CODE, Art. 1313): and
Art 1308).
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4 Where the third person induces a contracting party to violate his contract b. Principal - those which can subsist independently from other contracts
(CIVIL CODE, Art. 1314). and whose purpose can be fulfilled by themselves. Examples - sale,
lease
Q: What is a stipulation pour autrui? c. Accessory - those which can exist only as a consequence of, or in
ANS: A stipulation pour autrui is a provision in favor of a third person not a party to the relation with, another prior contract. Examples - pledge, mortgage_
contract (Bonifacio Bros., Inc v. More. G.R No. L-20853, May 29, 1967). 2. According to their perfection:
a. Consensual - those which are perfected by the mere agreement of the
Q: What are the requisites for a stipulation pour autrul to exist? (FP-CUAR) parties. Examples - sale, lease.
ANS: The requisites of a stipulation pour autrui are b. Real - those which require not only the consent of the parties for their
1. There is a stipulation in Favor of a third person; perfection, but also the delivery of the object by one party to the other.
2. The stipulation is a Part, not the whole, of the contract; Examples - commodatum, deposit, pledge.
3. The contracting parties Clearly and deliberately conferred a favor to the third 3. According to their form:
person — the favor is not an incidental benefit; a. Common or informal - those which require no particular form
4 The favor is unconditional and Uncompensated! Example - loan.
5. The third person communicated his or her Acceptance of the favor before its b. Special or formal - those which require some particular form
revocation: and Examples - donations, c el mortgage
6. The contracting uptrerdo not Reprosentl-or are not authorized by, the third 4. According to their purpos
party (SpouseyWarieez v. SpouSes Altisd. G.R. No. 165907, July 27, a. Transfer of owne pie - sale.
2009). • i. --"- b. Con ce of - commodatum.
c. Rendition of services fZi, ,le - agency.
Note: If a contract"uld ooptein some,strpulation 'irklaypr of ethird person, he may 5. According to their subjec'
demand its fulfillm Aprovided,betommunica-Q firs-aec;eptancs.tokthe obligor before its a. Thinds. Exam e% - sale'
revocation. (C(VI (.QD_E/Art.11311, par. 2) i b. Services ples - e cy. lease o sery
at, 6. According Fte nature o cuium which th produce.
STAGES OF C9WI3 TS
z . a. Unilate 4 .those vy. ve rise to an aligalipn for only one of the
Q: What are triteg i.,4es of a contract? "S- corn ,-• atum, gratuit s e sit_
ANS: A contr ot hree diktinot stages: prep . aratio perfect nranci consummation. b. 1rat hich gi se to reciprØcal bIi tion for both parties.
1 Pr pareti n or negotiation begins' when the Pfosp ctive'ckntracting parties xamp - sale, lea&
ma ife f eir *64ST'1nIfie ra6n -Tria ,ind_'endsj at,•the; moment of their 7 A to41 ca e.
agrèenleiit nerou ose twhi ach of re to procure for
2. Perfection o- birthsofthe-contract
, occurs when 1114 agree' . upon the essential hi f efit th ug giving of an ent or compensation.
elem ts the f. ',- , • :: .... . Ex
.-
3. Cons matron, e lasA‘stair.:;OcOirt.wheg.,44 parties "fulfill or perform the b. Gra it us - ose in wh' the parties proposes to give to the
terms a ceed uplti in 'the in the extinguishment other it without •*•.i , compensation. Example -
thereof." (AO kik Struotion-ee7aey.;fr9-,Pasrg Land Development comrn :tum
Corp., G.R. ...„16`
---,, --
, FebNe2, 4 20 8. According tv. e ris volved:
.. a. Commu hose where each of the parties acquires an equivalent
Q: How are contracts perfected? of his pres on and such equivalent is pecuniarily appreciable and
ANS: The following contracts are perfected as follows: already determined from the moment of the celebration of the contract.
1. If the contract is consensual, it is perfected by mere consent (CIVIL CODE, Example- lease.
Art. 1315): b. Aleatory - those where each of the parties has to his account the
2. If the contract is real, it is not perfected until the delivery of the object of the acquisition of an equivalent of his prestation, but such equivalent,
obligation (CIVIL CODE, Art 1316), and although pecuniarily appreciable, is not yet determined at the moment
3. If the contract is solemn, the law requires that a contract be in some form to of the celebration of the contract, since it -depends upon the happening
be valid (CIVIL CODE, Art 1356) of an uncertain event, thus charging the parties with the risk of loss or
gain. Example - insurance.
CLASSIFICATION 9. According to their names or norms regulating them:
a. Nominate - those which have their own individuality and are regulated
Q: What are the different classes of contracts? by special provisions of law. Examples- sale, lease_
ANS: Contracts may be classified as follows: b. Innominate - those which lack individuality and are not regulated by
1. According to their relation to other contracts; special provisions of law (JURADO, Obligations and Contracts, supra
a. Preparatory - those which have for their object the establishment of a at 359-361).
condition in law which is necessary as a preliminary step towards the
celebration of another subsequent contract. Examples - partnership,
agency.
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ESSENTIAL REQUISITES advertisement is not a definite offer, but a mere invitation to make an offer (PARAS,
Obligations and Contracts, supra at 615-616)
Q: What are the essential requisites of a contract? (COC)
ANS: There is no contract unless the following requisites concur: Q: What are the requisites of a valid acceptance?
1. Consent of the contracting parties; ANS: The acceptance must be absolute in character (CIVIL CODE. Art, 1327) In other
2. Object certain which is the subject matter of the contract; and words, it must be plain and unconditional; consequently, if it involves any new proposal
3. Cause of the obligation which is established (CIVIL CODE, Art 1318) or if it is qualified, it constitutes a counter-offer — in which case it is essential before
Note: If the contract Is a consensual contract, the three essential requisites are those there can be a perfected contract that there must be a definite and absolute acceptance
enumerated above. If the contract is a real contract, it requires a fourth requisite - by the original offeror of such counter-offer (Tuazon v De/ Rosano-Suarez. G.R. No
delivery. If the contract is a solemn or formal contract, it requires a fourth requisite - 168325, December 13, 2012).
compliance with the formalities required by law (PARAS. Obligations and Contracts,
supra at 594). Q: Who are incapacitated to give their consent to a contract?
ANS: The following cannot give consent to a contract:
CI: What is "consent"? 1. Unemancipated minors: and
ANS: Consent is manifested by the meeting of the offer and the acceptance upon the 2. Insane or demented persons, and deaf-mutes who do not know how to write
thing and the cause which are to con e contract The OFFER must be certain (CIVIL CODE, Art. 1327).
and the ACCEPTANCE ab2tute. alifiediCT:epWce constitutes a counter-offer.
Acceptance made by lettel ter cep no\bind-thp:olferor except from the time it Q: What are the causes of vitiat t?
came to his knowledge e—cen case, is pregtikned to have been entered ANS: The causes of vitiated con take (or error), fraud (or deceit), violence,
into in the place whe made (CIVIL E;A/d9,(9) intimidation, and undue influence (C:IV E, Art. 1330).
,
Q: What are the 'gbisi o consent?-(CCI.), , -
,... ....A1 Q: What are the requisites foonistalgt,
ANS: The requ it;s* the llowikq: _. ANS: The requisites for ' taIie to vitite nsent are:
1_ M4 be m ifested by the Concurrence of the offefa d4rtzeptance (CIVIL 1. The error riThe substa arding.
C . /3/g„:13215), a. The obJQçt f the con
2 Pa st pos4,ess the necessary' legal 6pacityl(C/V11, \pODE, Art. b. The ne,which phr ipaliy moved dr i4du
d one of the parties
/3 /, I. '---1_ f in Oa ity.or in quer ).
3. M telligent, ree, sporttaneous. an reet.(C/f(il COIRE, Arts. 1330- c. 1 lentit orqualiflcati&ns or in piers ae),ibut dilly if such was the
' .--rs' I :. ' i ,....„..,,f .
13 '—';', ..,„ 1— . n al
I ',:- .'_s-,.„: , •
2. The m
, X . --2 ' • . I '
• ,.,
.-.- -
. .i.; )
Q: What is an "oiffer' '\ • ; .•, , 3 The erw.frrg amis a RAS, Obligations and
ANS: Offer is a prposalivadetyrapewty4ftereilto another to,enter into a contract. ContractsTifipra'a'
It is more than an expressiarkof de,siria.ori/ope it,is res.119 a pro se to act or to refrain
from acting on conclitkpn that-ttiearinslied-eCiffere ccepted b the person (offeree) to Q: What mistakes of f iffrender a
whom it is made (DE LEON,/ O .:20iigiaons,and4o racts..stipra,at 561). ANS: The mistakes oflact whicpflhlr able are the following:
,. . •
1.Mistake as toLobjec error in re) - It may be subdivided into the following:
Q: What is an "acceptance"?.-4,' i .. a. Mistake e identity of the thing (error in corpora), as when the
ANS: Acceptance is the manifesfaliterty1h l ree of his assent to the terms of the thing whic constitutes the object of the contract is confused with
offer (DE LEON, Obligations and Contracts, supra at 566) another thing;
b. Mistake as to the substance of the thing (error in substantia);
Q: What is the "rule on options"? c. Mistake as to the conditions of the thing, provided such conditions have
ANS: As a general rule, when the offerer has allowed the offeree a certain period to principally moved one or both parties to enter into the contract; and
accept, the offer may be withdrawn at any time before acceptance by communicating d. Mistake as to the quantity of the thing (error in quantitate), provided
such withdrawal, except, when the option is founded upon a consideration, as that the extent or dimension of the thing was one of the principal
something paid or promised (CIVIL CODE, Art, 1324). reasons of one or both of the parties for entering into the contract.
2. Mistake as to person (error in persona) - It refers either to the name or to the
Q: What is an "option"? identity or to the qualification of a person (JURADO, Obligations and
ANS: It is a contract, granting a person the privilege to buy or not to buy certain objects Contracts, supra at 430-432).
at any time within the agreed period at a fixed price. The contract of option is a separate
and distinct contract from the contract which the parties may enter into upon the Q: What is meant by violence and intimidation?
consummation of the contract (PARAS. Obligations and Contracts, supra at 613). ANS: There is violence when in order to wrest consent, serious or irresistible force is
employed, there is intimidation when one of the contracting parties is compelled by a
0: When are business advertisements of things for sale definite offers? reasonable and well-founded fear of an imminent and grave evil upon his person or
ANS: If it appears to be a definite offer containing all the specific particulars needed in property, or upon the person or property of his spouse, descendants or ascendants, to
a contract, it really is a definite offer: but. If important details are left out, the give his consent (CIVIL CODE, Art. 1335 pars_ 1 and 2).
 CIVIL LAW
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Q: What are the requisites for violence to vitiate consent? 4. It must be made in bad faith or with intent to deceive (CIVIL CODE, Art
ANS: The requisites for violence to vitiate consent are the following: 1343) the other contracting party who had no knowledge of the fraud:
1 Employment of serious or irresistible force; 5. It must have induced the consent of the other contracting party <CIVIL
2. It must have been the reason why the contract was entered into (PAPAS, CODE, Art. 1338); and
Obligations and Contracts, supra at 633). 6. It must be alleged and proved by clear and convincing evidence, and not
merely by a preponderance thereof (DE LEON, Obligations and Contracts,
Q: What are the requisites for intimidation to vitiate consent? supra at 638).
ANS: In order that intimidation may vitiate consent and render the contract invalid, the
following requisites must concur' Q: What are the distinctions between dot° causante and dot° incidente?
1. That the intimidation must be the determining cause of the contract, or must ANS: Dolo causante (CIVIL CODE, Art. 1338) and dolo incidente (CIVIL CODE, Art.
have caused the consent to be given: 1344) may be distinguished from each other in the following ways:
2. That the threatened act be unjust or unlawful; 1. The first refers to a fraud which is serious in character, while the second is
3 That the threat be real and serious, there being an evident disproportion not serious.
between the evil and the resistance which all men can offer, leading to the 2. The first is the cause which induces the party upon whom it is employed in
choice of the contract as the lesser evil; and entering into the contract, while the second is not the cause.
4. That It produces a reasonable and well-grounded fear from the fact that the 3. The effect of the first is to re er the contract voidable, while the effect of
person from whomjt-earIls.haiifirnec.essary means or ability to inflict the the second is to render It' whom employed it liable for damages,
threatened inju re(DN: eon tv. of 4Ip Is, G.R. No 80965, June 6,
1990) Q: What are the effects of fraud erson?
ANS: Misrepresentation by a does not vitiate consent, unless such
GI: What is meant misrepresentation has created s( pti 1 i ke and same is mutual (CIVIL
ANS: There is u cle-vt- g a person takes‘ i pefr a antage of his power CODE, Art. 1342). 'Y 6

over the will of aott ,jepving fie latter of a reatonablefreedom of choice. The
following circu tance hallfroe considered: the confidentiak family,$spiritual and other 0: What are the kinds Itnulated cts?
relations betw n-the arties'r or. tbe.factthat_the .person allageef to bave been unduly ANS: Simulation of Fled ma solute or relatifei; ,,,he former takes place
influenced wa wflfri g from mental weakness, or was ignorant.eririfinancial distress when the parties do n d to be' at all; the latter, ;When the parties conceal
(CIVIL CODE, Art. 147). ' their true agreement E, Art
' :
Q: What is m nt yt`fratid!"2,, _ 0: What is m t by object of contra
ANS: There 1 , fratisi \wheav-terough insidious words or machinatiOns of one of the ANS: The o fa,c4jAct may be de d as the,' t;: wArice which is the
contracting parties'', thelotheria,iriNced to enter into a contract which, witnout them, he subject matter the peAtjon wtA.Ch i reated or' CODE. Art
would not have agreed t'6,,(CfV/L-CoK. Art. 1336) 1318(2); JURAD 14904 and 4ntra'?;ts, supra at 456).
— /
Q; What are the kinds of NO under.thet-ivil code?"' Q: What are the recfaktes ota valid obMc •contract? (MX)
ANS: The kinds of fraud are, t6e4c,llowing:- - ANS: As a general rukaainqs le object of contracts. It is,
1 Fraud in th'ec„el'ettation'orthe-contract (this is fratfd proper): however, essential that e follow0equi Cu
a. Doh) cauk ‹. - 6,-(6/
. causal fra4dOldreo.4ere it not for the fraud, the 1. Within the _ men;
other party wrinicizot haN'kitorlientetf: This is the fraud referred to in 2. Real or possi
Art. 1338 of the Civiircide-eich makes the contract voidable 3 Licit; and
b. Do/o incidente (or incidental fraud): Here, even without the fraud the 4. Determinate, or at least possible of determination as to its kind (JURADO.
parties would have agreed just the same, hence the fraud was only Obligations and Contracts, supra at 457).
incidental in causing the consent. The effect of this kind of fraud: the
contract is valid, but there can be an action for damages. 0: What things, rights, or services cannot be the object of contracts? (01F-SIN)
2_ Fraud in the performance of the obligation stipulated in the contract (CIVIL ANS: The following cannot be the object of contracts:
CODE, Art. 1170; PARAS, Obligations and Contracts, supra at 640). 1. Things which are INtside the commerce of men;
2. Intransmissible rights (CIVIL CODE, Art. 1347, par. 1);
Q: What are the requisites of causal fraud? 3. future inheritance, except in cases expressly authorized by law (CIVIL
ANS: In order that fraud may vitiate consent and be a cause for the annulment of a CODE, Art. 1347, par. 2);
contract, the following requisites must be present: 4. .Services which are contrary to law, morals, good customs, public order or
1. There must be misrepresentation or concealment (MIL CODE, Arts. 1338 public policy (CIVIL CODE, Art. 1347, par. 3);
& 1339) by a party prior to or simultaneous to the consent or creation of the 5_ Impossible things or services; and (CIVIL CODE, Art 1348);
contract; 6. Objects which are Not determinate as to their kind (CIVIL CODE, Art. 1349).
2, It must be serious (CIVIL CODE, Art. 1344); Note: In principle, things which have perished cannot be the object of contracts
3. It must have been employed by only one of the contracting parties. Fraud because they are inexistent (JURADO, Obligations and Contracts, supra at 458). If the
committed by a third person does not vitiate consent unless it was practiced parties enter into a contract with respect to the above objects, the contract is void or
in connivance with or at least with the knowledge of the favored contracting inexistent (CIVIL CODE, Art 1409)_
party (CIVIL CODE, Art. 1342);
 „Am
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Q: When should the object be considered as determinate?

ANS: The object is determinate if it is possible to determine the same without the need Cause
of a new contract between the parties (CIVIL CODE, Art. 1349). As to Although the cause is not stated The genus/kind of the object
Determination in the contract, it is presumed that must be expressed
Q: What are the exceptions to- the rule that no person can enter into a contract it exists and is lawful, unless the
with regard to future inheritance? debtor proves the contrary (CIVIL
ANS: Future inheritance may be the object of a contract: CODE, Art. 1354).
1 If the future spouses agree upon a regime other than the absolute
community of property, they cannot donate to each other in their marriage (JURADO, Obligation and Contracts, supra at 462, 464-465)
settlements more than one-fifth of their present property, but with respect to
Q. What are the differences between the cause of a contract and the motives of
future properly, donation shall be governed by the provisions on
the contracting parties?
testamentary succession and the formalities of wills (FAMILY CODE, Art.
ANS: The differences are as follows
84); and
2. Should a person make a partition of his estate by an act inter vivos. or by CAUSE vs. MOTIVE
will, such partition shall be respected, insofar as it does not prejudice the Cause Motive
legitime of the compuls„gry.heirs.-Ineyartition takes effect upon his death
(CIVIL CODE, Art.„4080, par( 1rDE.4_ECNN.Obligations, supra at 663). As to Proximity Direct and proximate Indirect or remote reason
Note: As a general ruleXte,
; -.
Ags maybe the object oNa.contract. The exception is reason of a
with regard to future /inneritance t' cAffrt‘iiiDE-Art.„1347)
As to Objective o ason of a Psychological or purely
,
Characteristic of contract p- anal reason
Q: What is the cao4e oNe•Censideration in- differelitcla'§sifications of contracts?
Reason
ANS; In onerous Cot'iRacfs, the cause is understood lo be, fat'eaCh contracting party,
the prestation or promi ‘ of a thing -em- service by the other:Nin,,remaperatory ones, the As to Effect in the ality or affects the Its tet ality or illegality does
service or benefi is rerrun ated.and4n-.contr.acts of pare-beneficence, the mere Validity of teice or ity of the rig ffect the existence or
liberality of thelbertefa4tor (CIVIL CODE, Art 1350). ' iv.. - Contract
, 1 validity .4,f the contract.
!.4 i
Q: What are th q ,sites-okcause?-(ELT). • (JURADO, (Wig and Gontracts, sup t 466).
ANS: The re !sites re as-follows-------- Q: When mayptive b ardqd as ca
1 Exi tinj at 'the titheit‘f\the celebration of theZontract; ANS: Motive`becomes ca0e wh t p ermine c, egat the contract (E.
2 Licitor la , and? '',\. ' ' `- / ," Razor), Inc. v. Phi ine Aut o No 75197, tof& , 1987)
3 True(JURADO, Oblr:gattonsne contracts, sugra at 4721.
,•../1-7,.-: - :.:, , Q: May a moral or na e a sufficient cause to support an
Q: What are the diffkrences, tieeniolit e>.,..4nd objeCtof contracts? onerous contract?
•K., ,,
ANS: The differencesl ake tpeif011 ANS: A mere moral o bon or 4:? Li, '''' wholly from ethical motives
N "..- CCAUS QB T or a mere conscienti du nconnected with any legal obligation, perfect or
imperfect, or with the r I a nefit by the promisor of a material or pecuniary nature
Cause Object will not furnish a amide for an executory promise (Fisher v Robb, G,R. No.
46274, November 2, 1939). However, where such moral obligation is based upon a
As '6 The service or benefit which is The thing which is given in
previous civil obligation which has already prescribed at the time when the contract is
Remuneratory remunerated remuneration
entered into, it constitutes a sufficient cause or consideration to support said contract
Contracts
(Villaroel V. Estrada, G.R. No, 47362, December 19, 1940)
As to Donation/ The liberality of the donor or The thing which is given or irr
Gratuitous benefactor donated FORMAL
Contracts
Q: What is the rule on the form of contracts?
As to Onerous Prestation or promise of a thing or The thing or service itself ANS: Contracts shall be obligatory, in whatever form they may have been entered into,
Contracts service by the other provided all the essential requisites for their validity are present (CIVIL CODE, Art.
1356).

As to' Different with respect to each May be the same for both the Q: What contracts are required by law to be in a certain form in order to be valid?
Contracting party parties ANS: These contracts may be classified as follows:
Parties 1. Those which must appear in writing;
2. Those which must appear in a public document; and
3. Those which must be registered (JURADO, Obligations and Contracts,
supra at 480-481).
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Q: What is the effect of the non-observance of the required form? Art. 1357). Before a party may be compelled to execute the required form it is essential
ANS: A certain form may be prescribed by law for any of the following purposes: for that the contract be both valid and enforceable (DE LEON, Obligations and Contracts.
validity, enforceability, or greater efficacy of the contract. When the form required is for supra at 703).
validity, its non-observance renders the contract void and of no effect. When the
required form is for enforceability, non-compliance therewith will not permit, upon the Q: What is the rule when a document is an electronic document?
objection of a party, the contract, although otherwise valid, to be proved or enforced by ANS: Where the law requires a document to be in writing, that requirement is met by
action. Formalities intended for greater efficacy or convenience or to bind third persons, an electronic document if the said electronic document maintains its integrity and
if not done, would not adversely affect the validity or enforceability of the contract reliability and can be authenticated so as to be usable for subsequent reference, in that
between the contracting parties themselves (Cenido v. Spouses Apacionado, G.R No. 1_ The electronic document has remained complete and unaltered, apart from
132474. November 19. 1999). the addition of any endorsement and any authorized change. or any change
which arises in the normal course of communication, storage and display:
Q: What are the contracts which must appear in writing? and
ANS: Contracts which must appear in writing are: 2_ The electronic document is reliable in the light of the purpose for which it
1. Donations of personal property whose value exceeds five thousand pesos. If was generated and in the light of all relevant circumstances (R A. 8792,
not made in writing, the donation is void (CIVIL CODE, Art. 748, par.3); otherwise known as Electronic Commerce Act, Sec. 7(a)).
2. Agreements regarding puraertLajaterest in contracts of loan. If not made
in writing, no interesrfall be due (flZtNQDE, Art. /956); and Q: May the parties vary the rules pr?aid for in the legal recognition of electronic
3 Antichresis (C CODE, A kr` 2113 data message or electronic doc ,
. , ANS: Yes, As between parties generating, sending, receiving, storing or
Note: In a sale of a iece notigitIlrag ty of the agent must be
otherwise processing electronic d or electronic document, any provision of
in writing otherwise,4,, sal oid (C/y/L.,QQ2E, this Act may be varied by agree among m (RA. No. 8792, Sec.
1,..., ,..,....,..„
38).
Q: What are thecdutr wich Must appear in a nt?
ANS. Contracti whic ust , ppear In a ptibliC'docum nt.
1 Doi?tiQtjs f imm able...progetW.CLV_II C DE, ar. 1); and '°E>tii4Atib.g
2 Pata hs whe e immovable property or eal rig ts..are ntributed to the Q: What are the requi il of re ation? (M110
cormori IL CODE, Arts 1771 an /773). ANS: In orderp reform n of the inst ime4it, the following requisites
- must concur
Q: What are tile 'ntracts. ( ustbe.x.egiste ? 1 ThOporrius , Mee 'ng of th 'rids of
ANS: Contra ich registeredinClude th0.-ple fi4 cattle. Act 1147, 2. Ttie.jitrue inert is Ty xp ed in t
Section 22 proves: "No tran*r af large cattle shall be va~unie registered, and a 3 Such ail xpresV the true intentio e to Mistake, fraud,
certificate of tra fer se'eured''eS: heejh Pro‘iided!!--(Hermairtos v. tlarcos, G.R. No. L- inequit or actide VIL CODE, Art. 1359).
8976 December 1914)N -•
Note: If mi duct, or accident has prevented a
meeting of emedy is not reformation of
Q: What contracts'-are p'fiesCribejd by -taw, to be in a, Certain form only for
the instrum n o e sri. . IL CODE, Art. 1359).
convenience or efficacy: th.
ANS: Such contracts are e,tIbtiving.
Q: Distinguish reformat annulment of contracts.
1. Acts and contracts vvhiciajAyislr object the creation, transmission
ANS: The action for the reformation of an instrument presupposes a perfectly valid
modification or extinguishment of real rights over immovable property, sales
contract in which there has already been a meeting of the minds of the contracting
of real property or of an interest therein are govemed by Articles 1403, No.
parties while the action for the annulment of a contract is based on a defective contract
2, and 1405 (CIVIL CODE, Art.1358, par. 1(1));
in which there has been no meeting of the minds because the consent of one or both of
2. The cession, repudiation or renunciation of hereditary rights or of those of
the contracting parties has been vitiated (JURADO, Obligations and Contracts, supra at
the conjugal partnership of gains (CIVIL CODE, Art.1358, par. 1(2));
488).
3 The power to administer property, or any other power which has for its
object an act appearing or which should appear in a public document, or
Q: What are examples of instruments which may be reformed?
should prejudice a third person (CIVIL CODE, Art.1358. par. 1(3));
ANS: The following are examples of instruments which may be reformed'
4. The cession of actions or rights proceeding from an act appearing in a
1. When a mutual mistake of the parties causes the failure of the instrument to
public document (CIVIL CODE, Art. 1358, par. 1(4)).
disclose their real agreement (CIVIL CODE, Art. 1361);
Note: Article 1357 clearly indicates that contracts covered by Article 1358 2_ If one party was mistaken and the other acted fraudulently or inequitably in
are binding and enforceable by action or suit despite the absence of writing such a way that the instrument does not show their true intention (CIVIL
(Dauden-Hemaez V. Angeles. G R. No. L-27010. April 30. 1969) CODE, Art. 1362):
3. When one party was mistaken and the other knew or believed that the
Q: When can a party compel the other party to execute the necessary form? instrument did not state their real agreement, but concealed that tact from
ANS: If the law requires a document or other special form, the contracting parties may the former (CIVIL CODE, Art_ 1363);
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 (CIVIL CODE,
1:1> 4
CIVIL LAW I
San Bede Law-RGCT Bar Operations Center Ea
When through the ignorance, lack of skill, negligence or bad faith on the part
1
of the person drafting the instrument or of the clerk or typist, the instrument
does not express the true intention of the parties (CIVIL CODE, Art. 1364);
5 If two parties agree upon the mortgage or pledge of real or personal
property, but the instrument states that the property is sold absolutely, or
with a right of repurchase (CIVIL CODE, Art. 1365).
Q: Who may bring the action for reformation of the instrument?
ANS: Reformation may be ordered at the instance of either party or his successors in
interest, if the mistake was mutual; otherwise, upon petition of the injured party, or his
heirs and assigns (CIVIL CODE, Art. 1368).
Q: What instruments cannot be reformed?
ANS; There shall be no reformation in the following cases:
1. Simple donations Inter vivos wherein no condition is imposed;
2. Wills:
,
3. When the real agreerff6nt iswoid (OIVICGODE, Art. 1366),
D. INTERPRETATION OF CONTRACTS..
4: What are the rules ir.ciperpreting-a-ccntract2,,.
ANS: The following are the rules in interpreting.a contract
1. If the'terThs:ot a cPntract.,are.alear and leaVe n&Jçibt tipon the intention of
the :contracting parties, the literal meaning of ita stiPiltations shall control
(CIPL CODE, Ar4-137-0,-par. • construed against the party that prepared it. If, however: the stipulations are not
2, If the words appear to 'be contrary to the evident interition of the parties, the
latter shall prevail over the former (CIVIL CODE, Art.-.1.37b,par. 2);
3. In • order to 3i3ge the -.iniention of ...tfie contracting parties, their
contemporaneous ä'nd Titwequent acts shall be principally considered
(CIVIL CODE, kt:.,1371); 2...
4, However genera:line:terms of .a .4orritra.c.t may be, )they shall not be
- of
undel'stood to. comPreliend .thingS ,'that are distinct dnd cases that are
different from those upon which-the pa.rfies intended to agree (CIVIL CODE,
. _
Art. 1372); . •- •-
5 If some stipulation.of-ahy-contract-sh-d6l0:..admit of Several meanings, it shall
be understood aS bearing that import, Which „is 'most adequate to render it
effectual (CIVIL ooDE, Art. 1j373);
6. The various stipulationS-ofra-contrad shall be interpreted together (CIVIL
CODE, Art. 1374);
7. Words which may have different significations shall be understood in that
which is most in keeping with the nature and object of the contract (CIVIL
CODE. Art. 1375);
8. The usage or custom of the place shall be borne in mind in the Interpretation
of the ambiguities of a contract, and shall fill the omission of stipulations
which are ordinarily established (CIVIL CODE, Art. 1376):
9. The interpretation of obscure words or stipulations in a contract shall not
favor the party who caused the obscurity. (CIVIL CODE, Art. 1377); and
10. The principles of interpretation stated in Rule 123 of the Rules of Court shall
likewise be observed in the construction of contracts (CIVIL CODE, Art.
1379)
Q: What is the rule on doubts in gratuitous contracts?
ANS: When it is absolutely impossible to settle doubts by the rules established in the
preceding articles and the doubts refer to incidental circumstances of a gratuitous
contract, the least transmission of rights and interests shall prevail (CIVIL CODE, Art.
1378 par 1)
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BEDAN RED BOOK
Volume I I Series of 2020/21
Q: What is the rule on doubts in onerous contracts?
ANS: When it is absolutely impossible to settle doubts by the rules established in the
preceding articles, and the doubts refer to incidental circumstances of an onerous
contract, the doubt shall be settled in favor of the greatest reciprocity of interests (CIVIL
CODE, Art. 1378, par. 1),
Q: What is the rule on doubts upon the principal object?
ANS: If the doubts are cast upon the principal object of the contract in such a way that
it cannot be known what may have been the intention or will of the parties, the contract
shall be null and void (CIVIL CODE, Art. 1378, par. 2).
Q: What is a "contract of adhesion"?
ANS: A contract of adhesion is defined as one in which one of the parties imposes a
ready-made form of contract, which the other party may accept or reject, but which the
latter 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 latterglh, opportunity to bargain on equal footing.
Nevertheless, these types of contra* Ake been declared as binding as ordinary
contracts, the reason being that the Oarty5vytio adheres to the contract is free to reject it
entirely (Philippine Commercial Internatiorfa(Bank v. Court of Appeals, G. R. No. 97785,
March 29, 1996).
of"
Q: How are ambiguities in,atontract of dhesion construed?
ANS: Should there be.015iguities in a contract of adhesion, such ambiguities are to be
obscure, but are clear. and leave no doubt on the intention; dthe parties, the literal
meaning of its stipulations must be held controlling Telephone Corp. v. Tecson,
G.R. No, 156966, May 7, .2004). However, Vs stricken Own as vole and unenforceable
or subversive Ofpablic pdlioy,when the we er party4s,tcr,3p9,0A;up.0„in dealing with the
dominant bargening party. and is. reduce:id§o the alferO t.iy,e.::70 .taking it or leaving it.
completely deprived to bargain triu equal footing (Radio
the opportunity
Communications ofthe Philippines, Inc, Verchez, G.R, No. 164349, January 31,
2006).
E. DEFECTIVE CONTRACT
RESCISSIBLE CONTRACTS, .
Q: What is "rescission"?
ANS: Rescission is a remedy granted by law to the contracting parties and even to
third persons, to secure reparation for damages caused to them by a contract, even if
this should be valid, by means of the restoration of things to their condition at the
moment prior to the celebration of said contract (4 Tolentino, Civil Code, supra at 571;
Guzman, Bocaling & Co. V. Bonnevie, G.R. No, 86150, March 2, 1992).
Q: What are the requisites of rescission?
ANS: The requisites are as follows:
1. The contract must be validly agreed upon (CIVIL CODE, Art, 1380);
2. There must be lesion or pecuniary prejudice or damage to one of the parties
or to a third (CIVIL CODE, Art 1381);
3. The rescission must be based upon a case especially provided by law
(CIVIL CODE, Arts. 1380-1382);
4. There must be no other legal remedy to obtain reparation for the damage
(CIVIL CODE, Art, 1383);
5. The party asking for rescission must be able to return what he is obliged to
restore by reason of the contract (CIVIL CODE, Art. 1385, par. 1);
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6. The object of the contract must not legally be in the possession of third Note: If the object of the contract is legally in the possession of a third
persons who did not act in bad faith (CIVIL CODE, Art 1385, par. 2); and person who did not act in bad faith, the remedy available to the person
7. The period for filing the action for rescission must not have prescribed suffering the lesion is indemnification for damages and not rescission (CIVIL
(CIVIL CODE, Art. 1389) CODE, Art. 1385, par. 3)

Q; What contracts are rescissible? (GAFUL1) Q: What is "accion pauliana"?

ANS: The following contracts are rescissible: ANS: Under Article 1381 of the Civil Code, an accion pauliana is an action to rescind
1. Those which are entered into by Guardians whenever the wards whom they contracts in fraud of creditors (Saddul v. Losloso, G.R. No. 205093 (Notice). January 30.
represent suffer lesion by more than one-fourth of the value of the things 2019).
which are the object thereof (CIVIL CODE. At 1381(1)):
2 Those agreed upon in representation of Absentees, if the latter suffer the Q: What are the requisites for rescission of contracts on the ground that it has
lesion stated in the preceding number (CIVIL CODE, Art. 1381(2)); been entered Into in fraud of creditors?
3. Those undertaken in Fraud of creditors when the latter cannot in any other ANS: The following requisites must concur:
manner collect the claims due them (CIVIL CODE, Art. 1381(3)); 1. That the plaintiff asking for rescission, has credit prior to the alienation
4. Those which refer to things Under litigation if they have been entered into by although demandable later;
the defendant without th . e and approval of the litigants or of 2. That the debtor has made a bsequent contract conveying a patrimonial
competent judidakauthonty (CIVIL çoZlEn9,rt. 1381(4)), benefit to a third person;
5. All other contracts sNciaN, declared bf Pw‘ to be subject to rescission 3. That the creditor has egal remedy to satisfy his claim, but would
(CIVIL benefit by rescission of' ance to the third person:
6. Paymen 're a state of trakehty efor\obligations to whose 4. That act being impugnOI lent, and
fulfillm9 o_cr.4ruld1561-be-cornoellast at the titre they were effected 5. That the third personvl property,conveyed, if by onerous
(C/V1)%13 J1382), \ title, has been an asdomp aNSavings Bank v. Furigay,
G.R. No. 191 -March 132 3)
Q: When is there abresitmption that a contra4 is t d into in fraud of Note: The of the ciOtra t must not be lir in the possession of a
creditors? f :
ANS: The latresiirnes tha6hete.is fraud of credito in the fbflow' cases.
third perso did ta?.:t in d faith (CIVIL F 4• Art. 1385, par. 2).
1 All,co "ts by virtue of Which the debto lienates-pn,erty by gratuitous Q: What are th ad as badges of fcaud
titlq ar peesurnetil have been entered frapd of cditors, when the t certain t were fraudulent, courts
ANS: In the
do dtdi?ot rjiiifticient pertf7topay av debt ntracted before
have laid d dulent lronsaction may be
the Ortafio DE; Art,1387, determined. Th rcumsta sales which have
2 Alienations by cArdtis,\ le are al f Ume7fraudulnt when made by been denominat aud:
perso\s agast wiionfto rhent tias en issued. The decision or 1. The fa on of the conveyance is fictitious or is
attachi nt neL,,pot„O‘e. - ttiOropert lienated:' and need not have inadequatb
been ob ;lied by, b , t eekiiig-t129„„r scit9ignJC/1//L CODE, Art. 1387, 2. A transfer een begun and while it is
par. 2) :(/
\
pending ag
j-4 ...; 3. A sale upon an insolvent debtor;
Q: What are the requisites res. sf '0 tra cts on the ground of lesion, 4. Evidence of btedness or complete insolvency;
entered into by a guardian in behaff'brtffward or by a legal representative in 5. The transfer of all or nearly all of his property by a debtor, especially when
behalf of an absentee? (GLANP) he is insolvent or greatly embarrassed financially;
ANS: The following requisites must concur. 6. The fact that the transfer is made between father and son, when there are
1 The contract must have been entered into by a Guardian in behalf of his present other of the above circumstances;
ward or by a legal representative in behalf of an absentee (CIVIL CODE, 7. The failure of the vendee to take exclusive possession of all the property
Art. 1381, pars. 1and 2); (Oria y Gonzalez v. McMicking, G.R. No. 7003, January 18. 1912).
2. The ward or absentee must have suffered Lesion of more than one-fourth
(1/4) of the value of the property which is the object of the contract (CIVIL Q: Who may institute the action for rescission?
CODE, Art. 1381, pars. 1 and 2); ANS: The action for resdssion may be instituted by the following
3. The contract must have been entered into without judicial Approval (CIVIL 1. The person who is prejudiced;
CODE, Art. /386); 2. Their representatives:
4, There must be No other legal means for obtaining reparation for the lesion 3. Their heirs: and
(CIVIL CODE, Art, 1383): 4. Their creditors by virtue of the subrogatory action (CIVIL CODE Art. 1177*
5. The person bringing the action must be able to retum whatever he may be JURADO, Obligations and Contracts, supra at 511).
obliged to restore (CIVIL CODE, Art. 1385, par. 1), and
6. The object of the contract must not be legally in the Possession of a third 0: What is the extent of rescission?
person who did not act in bad faith (CIVIL CODE, Art. 1385, par. 2) ANS: Rescission shall be only to the extent necessary to cover the damages caused
(CIVIL CODE, Art. 1384).
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Q. What are the effects of rescission? Rescission Resolution

ANS. The following are the effects of rescission•
1 Obligation of mutual restitution - Rescission creates the obligation to return As to Power of There is no power of the courts The courts shall have a
the things which were the object of the contract, together with their fruits, the Courts to grant an extension of time for discretionary power to grant an
and the price with its interest; consequently, it can be carried out only when performance of the obligation so extension for performance
he who demands rescission can return whatever he may be obliged to long as there is a ground for provided that there is a just
restore (CIVIL CODE, Art. 1385, par 1). rescission cause
2. Abrogation of contract; and
3. Obligation of third person to restore - The clause "he who demands As to Any contract, whether unilateral Only reciprocal contracts may
rescission" applies also to a third person. (DE LEON, Obligations and Application or reciprocal, may be rescinded be resolved.
Contracts, supra at 793).
As to The action to claim rescission Within ten years from the time
Q: When is rescission not allowed? Prescription must be commenced within four the right of action accrues upon
ANS: Rescission is not allowed when: years (CIVIL CODE, Art. 1389, a written contract; and within six
1 The party who demands rescission cannot return what he is obliged to par 1) years upon an oral contract
restore under the contract .„&„9,22E, Art. 1385, par. 1); and (CIVIL CODE, Arts 1144, par 1, !
2 The property is le l1y1fl eiposse§sidrr,ota,third person who acted in good and 1145, par 1)
faith (CIVIL C 138kpar. (Ong v. Court of Appeals, G.R. July 6, 1999, JURADO, Obligations and
. Z .( Contracts, supra at 503-504)
Q: What is the period for f arraction for resc.ission?
ANS: The action jon-must'-..be,com'rnnced 'Within four years (CIVIL VOIDABLE CONTRACTS
CODE, Art. 1389,
Q: What are the "voidable acts
Q: When shall the fou yeariperiod commence? ANS: The following coRrac s are voidable or annullable though there may have
ANS: The four! period shalt_commencef.— _ been no damage to thetiontiacting paaS
1 Fr4 pe. rsohs und r gu‘aglianship, theyericid of folifryeat shall not begin 1 Those whejib t j,ite'pa s incapable o consent to a contract.
unfit thelirminati n of thetOrrnet _ incapagity (CIVIL CODE Art. 1389, par. and to
2),1 2. Thasewhere t econsei4 is itiated by vtplence, intimidation.
2. For abienlees,,the \DePiocf.of:foUr.years shall not begin until the domicile of undUe,influence,or fraud
theVtir)1kmoWii-''(OIY/L COD, Art. 1)8,4; par 2t, Note: Voidabieicontractea bin /E proper action in
3. UnaNr Art. 38140,,fiN 13rd !4, and/Art.71382,/the petiod shall prescribe court. They are su e ati SsLtcheoyD, A
within four yeprs fozYrn,th time of, the-cliScover'y of fraud prescribed (Kite
Hong heng v: ourtof:Ap IS:GA. No. 144'169, Mairch 28, 2001) Q: When should an'action for annulme ght?
Note: in certain cases of co't s.:of21,a1e‘Whicti pre' specialty/declared by law to be ANS: An action for an4jjginrshould be four (4) years. This period shall
resc,issible, the action Stka.11,6re:Sp9 ein-six-monthg or,Wittrin forty days, as the case may begin:
be, counted from the day oyelkeli(C/V4._ CODE Art 1543; 1571 and 1577). 1. In case of i iolence or undue influence, from the time the defect
of the conse s;
Q: What are the differences behkeerprescissiori'end resolution? 2_ In case of mista eOr fraud. from the time of the discovery of the same; and
ANS: The differences between rescission under Article 1380 and resolution under 3. When the action refers to contracts entered into by minors or other
Article 1191 are as follows: incapacitated persons, from the time the guardianship ceases (CIVIL CODE.
Art. 1391).
RESCISSION vs. RESOLUTION
Rescission Resolution Q: What is ratification and what are its effects in an action to annul a voidable
contract?
As to Nature A subsidiary action (CIVIL A principal action which is based ANS: Ratification is the act or means by which efficacy is given to a contract or an
CODE, Art. 1383) on breach 01 a party (CIVIL obligation which suffers from a vice of curable nullity. It extinguishes the action to annul
CODE, Art. 1191). voidable contract (CIVIL CODE, Art. 1392). Ratification cleanses the contract from all Its
defects from the moment it was constituted (CIVIL CODE. Art. 1396).
As to Party The action may be instituted not The action may be instituted
Who May only by a party to the contract only by a party to the contract Note: Ratification does not require the conformity of the contracting party who has no
InstiMe Action but even by a third person right to bring the action for annulment (CIVIL CODE, Art. 1395),

.As to Causes There are several causes or The only ground is failure of one
grounds such as lesion, fraud of the parties to comply with
and others expressly specified what is incumbent upon him
by law
CI: How is ratification effected?
ANS: Ratification may be effected expressly or tacitly. It is understood that there is tacit
ratification, if with knowledge of the reason which renders the contract voidable and
such reason having ceased, the person who has a right to invoke it should execute an
act which necessarily implies an intention to waive his right (CIVIL CODE, Ad. 1393)
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CI; Who can effect ratification in case of incapacitated persons? agreement cannot be received without the writing, or a secondary evidence
ANS: Ratification may be effected by the guardian of the incapacitated person (CIVIL of its contents
CODE, Art. 1394). 3. Those where both parties are Incapable of giving consent to a contract
(CIVIL CODE, Art. 1403)
Q: Who may institute an action for the annulment of contracts?
ANS; The action for the annulment of contracts may be instituted by all who are Q: What are the contracts that are required to comply with the Statute of Frauds?
thereby obliged principally or subsidiarily. However, persons who are capable cannot ANS: The following contracts must comply with the Statute of Frauds
allege the incapacity of those with whom they contracted: nor can those who exerted 1. An agreement that by its terms is not to be performed within a year from the
intimidation, violence, or undue influence, or employed fraud, or caused mistake base making thereof;
their action upon these flaws of the contract (CIVIL CODE, Art. 1397). 2. A special promise to answer for the debt, default, or miscarriage of another,
3. An agreement made in consideration of marriage, other than a mutual
Q: What is the effect after a voidable contract has been annulled? promise to marry;
ANS: The effects of an annulment of a voidable contract are as follows: 4. An agreement for the sale of goods, chattels, or things in action, at a price
1. The contracting parties shall restore to each other the things which have not less than five hundred pesos, unless the buyer accept and receive part
been the subject matter of the contract, with their fruits, and the price with its of such goods and chattels, or the evidences, or some of them, of such
interest, except in cases„provicieclAy law. In obligations to render service, things in action, or pay at tt1 U1ie some part of the purchase money;
the value thereofpall'be the basisfor?amages (CIVIL CODE, Art. 1398); 5. An agreement for the le r a longer period than one year, or for the
2. However, whe e detect okthe cOntracfcopsikts in the incapacity of one of sale of real property or st therein;
the parties4e IricaPaCItated-;peraoovisinotiobligekt to make any restitution 6_ A representation as it of a third person (CIVIL CODE, Art.
except igiofar as helias been benefifeetbiY"-the-tthing or price received by 1403(2)),
him (CiA71CVQ.D , A11,4399raTd------ • • ,.
i Note: The requirement in Article•144,*1 t oncom ing an mmovable
3 Wheeeer,tri er n obliged by the decree of annui,ment to return the thing
or an interest therein be in ,writing is rrrerep for purpo prpof, not for the validity of
cannot do's, becpuse it -has been lost thrlugh'hisf fault:;he shall return the
the trust agreement Therefore, the said .Orticle is in the naqte of a statute of frauds
frui received and the value•of the thing at the time of the, loss, with interest
k• r (Paiialber v Ramos, G. . No. 17864814 ary 30. 2009).
fro 1.*same dal-el-CIVIL CODE, Art.
i "•
Note: As long as on of thecontracting parties does hot restore whet in virtue of the CI: How may unenforceable-contracts b atified?
decree of ann(tIme,1it `he is.bound to return, the other cannot be °C-drripelled to comply ANS: Ratifica unenforceable conträts may be made expressly or impliedly_
with what is incintent upbb-hlm_.(CIVIL CODE...Art— .4402). 1 In se of a. authorized co t, it m ' t dexpressly or impliedly,
'5 - . ,, ...--:• ,. by pelgontit.'whoSe,behal has be dterdtlibefOre it is revoked by
Q: What are the e , ffecft when-the4hing which is' the of thaivoidable contract the other co g pia76/.(C/ CODE, A . 817
is lost through the faultvr fraud of the O.laiptiff? 2. In caSr s under- thaw.tatute of Frauds, they are ratified impliedly
ANS: The effect re as follows: ' -- -. -,•,, .., t'. .-- - , i by:
,...
1. The actor for annulment of coefitacts st5,114de extingUished when the thing a. The fail object to t tipn of oral evidence to prove the
which is thp object) therep:f is losT through their.9th or fault of the person same;
who has a rightleinstitute Me,157'peedl,ngs,-,arfde b. By the çcept Of benefit under them (CIVIL CODE, Art. 1405); or
2 If the right oNettoivis bas0 01),o0 ,- ,AfiCapacity of any one of the 3. In case of w en both parties are incapable of giving consent, the
contracting parties>e,4os_elatie.thing shall not be an obstacle to the express or imp ification by the parent, or guardian, as the case may
success of the action, unless said loss took place through the fraud or fault be, of one of the contracting parties shall give the contract the same effect
of the plaintiff (CIVIL CODE, Art. 1401). as if only one of them were incapacitated. Consequently, the contract
becomes voidable. If ratification is made by the parents or guardians, as the
UNENFORCEABLE CONTRACTS case may be, of both contracting parties, the contract shall be validated from
the inception (CIVIL CODE, Art. 1407).
Q: What are the instances when a contract is unenforceable? (NSI)
ANS: The following contracts are unenforceable, unless they are ratified: Note: Unenforceable contracts cannot be assailed by third persons (CIVIL CODE, Art
1. Those entered into in the Name of another person by one who has been 1408),
given no authority or legal representation, or who has acted beyond his
powers; VOID OR INEXISTENT CONTRACTS
Note: Unauthorized contracts are governed by Article 1317 and the Q: Enumerate the contracts that are inexistent and void from the beginning.
principles of agency. (CANOSIP2)
2, Those that do not comply with the Statute of Frauds as set forth in Article ANS: The following contracts that are inexistent and void from the beginning are those:
1403 of the Civil Code; and 1. Whose cause, object or purpose is Contrary to law, morals, good customs,
public order or public policy (void);
Note: In those cases, an agreement made shall be unenforceable by action, 2. Which are Absolutely simulated or fictitious (inexistent);
unless the same, or some note or memorandum, thereof, be in writing, and 3. Whose cause or object did Not exist at the time of the transaction
subscribed by the party charged, or by his agent: evidence, therefore, of the (inexistent);
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4. Whose Object is outside the commerce of men (void) Q: What are the distinctions between void, voidable, rescissible, and
5. Which contemplate an impossible Service (void): unenforceable contracts?
6. Where the Intention of the parties relative to the principal object of the ANS: The distinctions are the following:
contract cannot be ascertained (void): and
Void Voidab:e Rescissible Unenforceable
7. Expressly Prohibited or declared void by law (void).
8. A contract which is the direct result of a Previous illegal contract is also void As to Cause Defect is caused Defect is Defect is Defect is caused
and inexistent (CIVIL CODE, Art_ 1422). of Defect by lacking caused by caused by by excess or lack
Note: These contracts cannot be ratified. Neither can the right to set up the defense of absolutely either vitiation of injury/ of authority, does
illegality be waived (CIVIL CODE, Ad. 1409). in fact or in law consent or in damage not comply with
one or some of the legal either to one the Statute of
Q: What is the "Principle of In Par! Delicto"? the elements of incapacity of of the parties Frauds, or both
ANS: Latin for "in equal fault," in part delicto connotes that two or more people are at validity one of the or to a third contracting
fault or are guilty of a crime, Neither courts of law nor equity will interpose to grant relief contracting person parties are legally
to the parties, when an illegal agreement has been made. and both parties stand in pad parties. incapacitated
delicto. Under the pan delicto doctrine, the parties to a controversy are equally culpable
or guilty, they shall have no action-agairls:t-each „other. and it shall leave the parties As to Do not, as a Valid and Valid and Cannot be
where 0 finds them, This Actekine fits expressilt in, the maxims "ex dole mato Effect general rule enforceable enforced by a
nonontur actio" and "in piaddelicto)aotiorest ceriditicedefendentis (Constantino. etal. vs. produce any nulled until proper action in
Heirs of Pedro Constalitinb,,J, r." 6,fr itt07787508,October 2,O13). legal effect etent rescinded by court
a comOetent
Q: What are the 'celiffonetia.the13-----rinciple of TirParl Defictor(U-RIPE-OL)
. ,. I. . urt
ANS: The folio rig re the excepticirit to the principle‘of Apt49 dencto: t
1. Payptwnt dTJsurious interest hi such case. the la alkows the debtor to As to Action/deferige Action 1* for Acton li t for Corresponding
recver4j'4 inter st_patd...tmexCesLotthat llowe'df the usury laws, with Prescription for fr the an nt or resciss h action for
int resrthereon frbm the -date Of payment (qmt. dODErvlit. 1413). declara "on of d ns of may re ery, if there
2. Pa Mint Of money or delivery of property for an illegal purpose, where the nuili r annuli tY pre was total or
pa whotpaidck elivefeci,Repudiates th .-oontraol liefOra the purpose has ',filen -'cies- rng pr cribe partial
bein aCcrritish'e r_any. see-has 'been Caused to a third -not prescpbe performance of
personpa uch•O'as the unirt§ may a ciiiteuchipt-rOd recover what he unenforceable
has ',paid o deliVeredNI the Ptiblic iritterst will us be subserved (CIVIL ontract under
, ., / - No. 1 or 3 of
COE,E, Art 14) \ -i ‘-' ;. .. - - ,- ,s- j
,. it Article 1403 may
3. Paym t of y br v _,:fitOperr:1,413..y an Incopacitated person. In
such , the cdu srttkaiel Sticti_be to recover what he has paid or prescribe
delivered, • theyiteres riritioe-16-0erilen,ds).61V1( CODE, Art 1415). As to
tut is merely prohibited by by Not cured by
4. Agreement Or dontriptapu a whic o illelaikpkr,
id Curability prescnption prescription
law, and the pr ' &Oa' is deligq detl ' ection of the plaintiff_ In such
case, such plaintiff, bkciej45/ reby enhanced, may recover what As to Cannot Can be ratified Need not be Can be ratified
he has paid or delivered (CIVIL CODE, Art. /416). Ratification ratified ratified
5. Payment of any amount in Excess of the maximum price of any article or
commodity fixed by law. In such case, the buyer may recover the excess As to Assailed by a Assailed only Assailed by a Assailed only by a
(CIVIL CODE Art. 1417). Challenging contracting party by a contracting contracting contracting party
6. Contract whereby a laborer undertakes to work longer than the maximum Party and a third party party and a
number of hours fixed by law. In such case, the laborer may demand for person whose third person
Overtime pay (CIVIL CODE, Art. 1418). interest is who is
7. Contract whereby a Laborer accepts a wage lower than the minimum wage directly affected prejudiced or
fixed by law, In such case, the laborer may demand for the deficiency (CIVIL damaged by
CODE. Art. 1419), the contract

0: What Is the effect of a simulated or fictitious contract? As to Direct Assailed directly Assailed Assailed Assailed directly
ANS: An absolutely simulated or fictitious contract is void, A relative simulation, when it or Collateral or collaterally directly or directly only or collaterally
does not prejudice a third person and is not intended for any purpose contrary to law. Assailment collaterally
morals, good customs, public order or public policy binds the parties to their real
agreement (CIVIL CODE, Art. 1346).
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VIII. NATURAL:OBLIGATIONS IX. ESTOPPEL
Q: What are "natural obligations"? Q: What is "estoppel"?
ANS: They are those based on equity and natural law, which do not grant a right of ANS: Through estoppel, an admission or representation is rendered conclusive upon
action to enforce their performance, but after voluntary fulfilment by the obligor, the person making it, and cannot be denied or disproved as against the person relying
authorize the retention of what has been delivered or rendered by reason thereof (CIVIL thereon (CIVIL CODE, Art.1431).
CODE. Art. 1423). Note: The sale of real estate, effected by minors who have already passed the ages of
puberty and adolescence and are near the adult age when they pretend to have already
Q: What are the conditions necessary for natural obligations? reached their majority, while in fact they have not, is valid, and they cannot be permitted
ANS: The conditions for there to be a natural obligation are: afterwards to excuse themselves from compliance with the obligation assumed by them
1. That there be juridical tie between two persons: and or to seek their annulment (Mercado v. Espiritu, G.R. No. L-11872. December 1, 1917),
2. That this tie is not given effect of law (JURADO, Obligation and Contracts,
supra at 636). Q: What are the different kinds of estoppel?
ANS: Estoppel may be classified to.
Q: Distinguish between civil obligations and natural obligations. 1. Estoppel in pals or equitable estoppel arises when one, by his acts,
ANS: The distinctions between n.a.19,01..etelig s and civil obligations are: representations or admissio by his silence when he ought to speak out,
1. Natural obligati° bre bcsed gi ett and natural law, while civil intentionally or throug e negligence, induces another to believe
obligations ar secbn poditive n rN, certain facts to exist r rightfully relies and acts on such beliefs
2. Natural ob ujt.gekon, while civil obligations so that he will be prej former is permitted to deny the existence
r
are enfc4ale i.urt action (JU Oblg8t,eo and Contracts, supra of such facts. The real e equitable norm of estoppel is limited to
at 6351/ supplying deficiency I t supplant positive law.
, (--
.-,
i
4 r,
molial obligation?
(Soften v. Pam ga 4a •eve • any (PASUDECO), Inc
Q: What is the iffe?eripe between a natural obligati6n an G.R. No. 1 June 16,
i
ANS: The diffe ces ate as billows: 2. Technical
t-------e--- ----
L OBLIQ,ATIONS vs. MORAL OBLI 444 a. Esto deed, i ha virtue of whiCh Nay to a deed and his
Moral Obligation prixIWar Tided fro sserting as ai st the other party and his
Natural Obligation
4joivies rogation of he ed,i.fr from denying any
hekrei / . teria assertedrted
As to caFti )) indraLtia hatsoever
Juridical Tie e "R je 410 n sto Tecor virtue d his privies are
force.* court betiope "precluded om de ing truth o forth in a record,
, - e wh/it al or rleg we (JURADO, Obligation and Contracts,
As to Effect of ry felfitIrdentilroduces Vold'ntary lifillment does not sup at 64 41). 1
Voluntary ts,A1611;:ttie 'COuq duce y legal effect which 3. Laches is t fai e or neg e ..sonable and unexplained length
Fulfillment 4
will recognize and of time, to dj1at wh ?ence, could or should have
_ ol been done .. arlier; negligence or omission to assert a right within a
reasonable ti e w ranting a presumption that the party entitled to assert it
As to Legal Effect Within t dernain o law . Within the domain of morals either has ab g- it or declined to assert it (Trjam v Sibonghanoy. G.R
of Voluntary No. L-21450, April 15, 1968),
Fulfillment Note: Estoppel is effective only as between the parties thereto or their successors-in-
(JURADO, Obligation and Contracts, supra at 911). interest (CIVIL CODE, Art 1439).
Note: The government is not estopped by mistake or error on the part of its officials or
Q: What are examples of natural obligations found in the Civil Code? agents (4 TOLENTINO, Civil Code, supra at 668)
ANS: The following are examples of natural obligations.
1 Performance after the civil obligation has prescribed (CIVIL CODE, Art Q: What are the elements of laches or stale demands? (CD-II)
1424); ANS: The following are the elements of !aches:
2. Reimbursement of a third person who paid a debt that had prescribed 1. Conduct on the part of the defendant, or of one under whom he claims
(CIVIL CODE, Art 1425); giving rise to the situation of which complaint is made and for which the
3. Performance after action to enforce civil obligation has failed (CIVIL CODE, complaint seeks a remedy:
Art 1428); 2. Delay in asserting the complainant's rights, the complainant having tad
4. Payment by heir of a debt of the decedent exceeding value of property
knowledge or notice of defendant's conduct and having been afforded an
inherited (CIVIL CODE, Art. 1429); and opportunity to institute a suit;
5. Payment of legacy after the will has been declared void for lack of 3. Lack of knowledge or notice on the part of the defenoant that the complaint
formalities (CIVIL CODE, Art 1430) would assert the right on which he bases his suit; and
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Injury or prejudice to the defendant in the event the relief is accorded to the
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Volume 1 Senes of 2020/21
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Emptio Rei Speralae I Ernptio Spei
complainant, or the suit is not held to be barred (Miguel v. Catelino, G.R.
No. L-23072, November 29, 1968). As to object The object is a.future thing. The object is a present thing which ,1
of sate is the hope or expectancy
X. SPECIAL CONTRACTS (DE LEON, Sales and Lease (2014), 42 (hereinafter DE LEON, Sales))

Q: What are "future goods"?

ACFRiat,Rt - ANS: Future goods are goods to be manufactured, raised or acquired by the seller
after the perfection of the contract of:sale (CIVIL CODE, Art. 1462).
GENERAL PROVISIONS
Q: What is a "contract of sale"? 03: How is a contract of sale distinguished from other similar contracts?
ANS: By the contract of sale one of the contracting parties obligates himself to transfer ANS: A contract of sale is distinguished from other similar contracts in the following
the ownership of and to deliver a determinate thing, and the other to pay therefor a price manner:
certain in money or its equivalent (CIVIL CODE. Art 1458). CONTRACT OF SALE vs. CONTRACT TO SELL
Q: What are the essential elemeAts.of.a.contrag,t.of sale? (COC) Contract of Sale Contract to Sell
ANS: For there to be a valid botract ofisale, the folrowing elements must be present.
manifesfedpy the meeting of the offer As to the Gives rise cal Only gives rise to a reciprocal
1. Consent or ne ng tof the
effect of demandable o suspensive conditional obligation on
and the a n 4.1 elhing-and thp cause which are to constitute
perfection of 1. On seller ÷. er the seller to transfer ownership only
the contrct The er must be certalh--(n.d _We acceptance absolute. A
contract ownership :a en the er has paid the price in
qualified.a ce-conVigies a-C6Gnteercrffer (CIVIL CODE. Art 1319): possesslonlof
2. Object erSubject matter -
2. On Wier — to p rice
a. /Thing-SA:NO are not outside the coramerote of men, existing, having
in (C/VI OE. el •
potent4.1 exiStence, future, good,s, or cOntingant pr subject to resolutory
1158).
eOrMitions (0/viLqpDE, Arts. 1347, 1461, 142and 1465); 4
b ; tiiing mast be licit and the vendor must have a right to transfer the As to transfer Titf p to the yer Ownership wiih pass only upon
owriaiship_thkreof at the time it is delivered (CIVIL CODE, Art 1459); of ownership pon dø1uvê11 of The ng fulfillment o at, condition such as
rtn
ad sold st(C1V/L COCE. full •ayme of the price (CIVIL
c. DItapTinate Pr At, least determinable (CIVIL CODE, Art. 1460); 1 ,C
3. c_a 'err c sider*rN -
a. or the ller's-payt rit 'Of price,(CIVIL CODE, Art. 1458); and As to effect of F i r ay is ,a'n- ve It is not a breach of the contract but
b. r` r the er: 'trahSfe'r-af,ci‘nerShfp a delivepi of the thing (CIVIL non-payment r 1utoryi. •ndition, oh an event that prevents the obligation
CODE, Art 1456?; and Ike-Vent:tor rpOst have,,a right to transfer the of price puts 4 . an end to the vendor to convey the title from
ownership thereof.atthe-time-lt is„delivered.(C)L CODE, Art, 1459). tran lerc (C binding force (Manuel Uy
Art V9) ons, nc. v. Valbueco, Inc., G R.
Q: What are the distincho be een ErrOtio.ReTSpeidiae and Emptio Spei? No. 179594, September 11, 2013)
ANS. The distinctions between . olio Rel'SperathelThd Emptio Spei are
EMPTIO RE! SPERATAE vs. EMPTIO SPEI As to remedy 1. Speci c performance Action to recover possession — if the
in case of 2. Rescission (CIVIL CODE buyer refuses to surrender the thing
Emptio Rei Speratae Emptio Spel non-payment Art. 1191) to the seller.
of price
As to Sale of a thing with potential Sale of a mere hope or expectancy
definition existence that the thing will come to existence, As to Vendor has lost and cannot Title remains with the vendor if the
sale of the hope itself. ownership recover the ownership until vendee does not comply with the
of vendor and unless the contract of condition precedent.
As to Sale is subject to the condition Sale is effective even if the thing
sale itself is resolved and set
effectivity of that the thing will exist; if it does not come into existence,
aside
the contract does not, there is no contract. UNLESS it is a vain hope or
expectancy. As to Vendee becomes the owner Vendor needs to execute another
execution of of the property upon delivery instrument conveying the property to
As to The uncertainty is with regard The uncertainty is with regard to the
sale document of the thing sold. the vendee (e.g. deed of absolute
uncertainty to the quantity and quality of existence of the thing.
sale)
the thing and not the existence
Of the thing. As to Consent is present. Consent will be present only upon
presence of fulfillment of condition stipulated.
consent
11:1> CIVIL LAW I
San Bede Law-RGCT Bar Operations Center in • puEpAN0RED BOOK
Q: What is the effect if an option is given without a consideration?
ABSOLUTE CONTRACT OF SALE vs. CONDITIONAL CONTRACT OF SALE
ANS: If an option is given without a consideration, it is a mere offer of a contract of
Absolute Contract of Sale Conditional Contract of Sale sale, which is not binding until accepted (CIVIL CODE, Art 1324; Atkins, Kroll and Co.,
Inc., v. Cue, (3.R. No. L.-9871, January 31. 1958).
As to when title Title passes to buyer upon There is a stipulation reserving the
passes delivery title to the seller until the fulfilment Q: What is the "right of first refusal"?
of the condition even if there is ANS: The right of first refusal is a contractual grant, not of the sale of a property, but of
delivery, the first priority to buy the property in the event the owner sells the same (Polytechnic
University of the Philippines v. Golden Horizontal Realty Corporation. G.R No. 183612,
Upon fulfillment of the conditions, if March 15, 2010).
I there was previous delivery,
ownership is automatically Q: What are the distinctions between an option contract and the right of first
transferred refusal?
ANS: The distinctions between an option contract and the right of first refusal are as
As to right to Both parties have the right There is a stipulation that the seller
follows:
rescind contract to rescind the contract. may unilaterally rescind the contract
in case of non-fulfillment of OPTION CONTRACTS GHT OF FIRST REFUSAL
, ccittdttion (Dignos v. CA. G.R. No. L- Option Contract Right of First Refusal
. 1p26eFebruary 29. 2988).
(DE LEON. Sales, supra at2,1-29)< As to A separate and di An integral part of the contract of
definition from that which thq ease, the • nsideration of which Is
Q: What are the distinctiOsitiefween earnest moiley andItiproney? enter into ,up eciprocaf obligations of
ANS: The distin Iolis.betWeen earnest money and option Mio -Var ; as follows consummatio the 0p6o (Equatorial Realty
must • upported • nc. v. Mayfair Theater,
EARNEST MONEY vs. OPTIO MONEY consider n iSpouse 06063. November 21,
Earnest Money Option Money v. L a Com,'G.R
1307 r. Yarjj'Q, 2000).
Transfer of itle „pas es to buyer fipon Owrcership II:64 ed to the seller
Ownership • liveye ellaing sold. ......an&is-fitot t pass, til full payment. As to ,.ortejf has beeNiv:-11an I The refusal would-1be
i -....... when 0 •r 3tiy .IAnct,effepi;i ly I de on the owner's
Effect of , aotroti: \for specific r be calbe an i ction for specific exercised e• zrctse righte4if ely even to enter into a
non-payment perkrmance „.:‘ ..er Jor4 performance. / notifyvia ownea of he I binding Juridical relation with another
resciaskon be ' IItbe :filed tiIye I / formerk dect to buy and but also on terms, including the price,
the injurecjpe „.. express!ng hi iness are yet to be firmed up (PUP V.
i f the stipuj price rizon Realty Corp., G.R.
Consideration P4'rti<av'r"dhate—gri6e, fvfo,Ney • given as a distinct Sales, su7.ia at 1 o. 18 12 March 15, 2010).
(CIV OVM. Art. toy
..A A.
obrisid ration or an option contract.
Q: What is the effect if at ettme the contract of sale is perfected, the thing which
Obligation of the When given, the buyer is , The would-be buyer is not required Is the object of the contract has been partially lost?
buyer upon bound to pay the balance. I to buy, ANS: If the thing should have been lost in part only, the vendee may choose between
payment of 1. Withdrawing from the contract, or
consideration 2. Demanding the remaining part, paying its price in proportion to the total sum
agreed upon (CIVIL CODE, Art 1493, par. 2).
Perfection There is already a sate. Applies to a sale not yet perfected
of Sale (Adelfa Properties, Inc. v. CA, G.R.
Q: What is the effect when specific goods, in a sale thereof, perishes without the
No 111238. January 25, 1995).
knowledge of the seller?
ANS: Where the parties purport a sale of specific goods, and the goods without the
Q: What is an "option"? knowledge of the seller have perished in part or have wholly or in a material part so
ANS: An option is a preparatory contract in which one party grants to the other, for a deteriorated in quality as to be substantially changed in character, the buyer may at his
fixed period and under specified conditions, the power to decide, whether or not to enter option treat the sale:
into a principal contract. It binds the party who has given the option, not to enter into the 1. As avoided: or
principal contract with any other person during the period designated, and, within that 2. As valid in all of the existing goods or in so much thereof as have not
period, to enter into such contract with the one to whom the option was granted, if the deteriorated, and as binding the buyer to pay the agreed price for the goods
latter should decide to use the option (Carceller v. Court of Appeals, G.R. No. 124791, in which the ownership will pass, if the sale was divisible (CIVIL CODE, All
February 10, 1999) 1494)
PARTIES
CIVIL LAW I
San Seda Lay -RGC Bar Operatons Center
BEDAN RED BOOK
Volume i Series of 2020/21

6.
<111:1
Pay for the expenses for the execution and registration of the sale uniess
there is a stipulation to the contrary (CIVIL CODE, Art. 1487);
Q: Who may enter into a contract of sale? 7, Accord to the buyer the right to examine the goods (CIVIL CODE, Art. 1584,
ANS: All persons who are authorized in this Code to obligate themselves, may enter par, 1);
into a contract of sale, saving the modifications contained in Articles 1490 and 1491 8. Enter into a contract with the carrier on behalf of the buyer as may be
(CIVIL CODE. Art. 1489, par. 1). reasonable under the circumstances (CIVIL CODE. Ad. 1523 par. 2); and
9. Notify the buyer regarding the necessity to insure goods if it is usual to
Q: Who are disqualified to enter a contract of sale? insure them (CIVIL CODE Art. 1523, par. 3).
ANS: The following are disqualified from entering into a contract of sale:
1 Those who are disqualified either by absolute incapacity, relative incapacity Q: What are the kinds of delivery?
and other special disqualifications (CIVIL CODE, Arts. 1327 and 1329); ANS: The kinds of delivery are:
2. Sale between guardians and wards - the contract is void and not merely 1. Actual or Real Delivery - The thing sold shall be understood as delivered,
voidable. The prohibition exists only when the guardianship exists (CIVIL
when it is placed in the control and possession of the vendee (CIVIL CODE,
CODE, Art. 1491); Art. 1497); and
3 Sale between agents and principals (CIVIL CODE, Art. 1491): 2. Constructive or Legal Delivery - The execution of an instrument,
4. Sale between executors and administrators of estate of the deceased (CIVIL
constitutum possessorium, çr.itio brevi manu, traditio longa manu, and
CODE, Art. 1491); other representations (C/ DE, Arts. 1498-1501),
5 Sale involving p Øertv of the gOveenment.r6W/L CODE. Art, 1491); and
6. Sale of prp4rty-.n ttigatidnAF/ti C4N1ft. 1491). The prohibition
Q: What are the kinds of consbiave* ery?
applies o to said lirirnen e tiiwYei,"'.by a client of the property
ANS: The kinds of constructive deTiOp s follows:e s
which is4
. . 1. Exe ution of Public Inatruili h made through a public
' instrument, the exe nt to the delivery of the
Q: Who are per ns‘ sp ial disqualified by law talenteraicOntract of sale?
thing which is ject contract, if irom deed the contrary does
ANS. The follo$iing pelsons re speciallY disqualified tw laWii.to.enteka contract of sale:
not appear annot cle inferred (CIVIL ,Art. 1498);
1 Ali -IV" are 4qua1i11ed..to-:putchase-or4ate agrialltural lands (CONST.,
2_ Traditio S Vaa - The ivs of certain synthiplsvepresenting the thing
A VI: Secs. 38V
With regardUo,rnovable pro rty, its delivery rtty 'elso be made by the
2 Unpaid seller having a right of lien or, having stoppedlietrods in transit is delivetykf theleYof the pl or depository Where it is stored or kept
p ' e frora-bu\ing the goods either directly or indirec y in the resale of (cipt: cogg, Art 1498, Par.
th saMe t ptibift#pievate-salewhich-he fr4 ,make:(cIVIL CODE, Art. 1533, 3
' Trgiiiio LonrigManui The dd ery of moval lepioperty;glay be made by
pa 1476;.:dar\4)
the:4riere co ent or ag meeli of the cattra t if the thing sold
3 Offiipr hoklitg the'eXecution or deputy cannot becomeia purchaser or be cannot be trapfesred to ttie pi*Session of the -Vert ee at the time of the sale
inter ted directly orirt irectly on.priy,purchase.iat an execution (RULES OF e by Wre'pointipg) (dim. oppE, Art 1499);
COUR, Sec. 2.1„ Ru)6 4 Tradrtio &grew Marl - The bu&opejap already in possession of the thing
4. In sale By, auction.,, selter!pahh-oLbild unless:notice has been given that such sold due to some other causegftiee:§rpgpp,ins in possession after the sale
sale is subject ,16.'a ip_ behalf ,of the seller (CIVIL CODE, Art,
, - , is effected but now in the tbikeWtif"airvowner (e.g. from lessee to
1476). ,
f k . - becoming an owner) CODE, Art. 1499):
„ 5 Consbtutum 'POsseksonum - The seller remains in possession of the
Q: What are the exceptions toIhe-progibition,of sale between spouses? property in a different capacity (e.g, from owner to lessee) (CIVIL CODE,
ANS: Under the following circumstances, the sale between spouses is allowed. Art. 1500); and
1. When a separation of property was agreed upon in the marriage 6 Quasi-tradition - Delivery of rights, credits or incorporeal property, made by:
settlements; or
a. Execution of a public instrument:
2 When there has been a judicial separation of property under tne Family b. Placing of the titles of ownership in the possession of the vendee; or
Code (CIVIL CODE. Art 1490). c. Use by the vendee of his rights, with the vendor's consent (CIVIL
CODE, Art. 1501).
OBLIGATIONS OF THE VENDOR
Q: What are the obligations of the vendor? (TD2M-T-PAEN) Q: When is title not transferred despite delivery?
ANS: The vendor is bound to. ANS: Title is not transferred despite delivery in case of:
1. Transfer ownership (CIVIL CODE, Arts. 1458 and 1495); 1 Sale by non-owner - The contract is valid because it has passed perfection
2. Deliver the thing sold (CIVIL CODE, Arts. 1458 and 1495); stage; the transfer of title is VOID.
3. Deliver the fruits and accessories (CIVIL CODE, Arts 1164, 1166 and Note: The rationale is netno dat quod non habet (nobody can dispose of
1537); that which does not belong to him).
4. Make warranties (CIVIL CODE, Arts. 1495, 1545-1581);
5. Take care of the thing, pending delivery, with proper diligence (CIVIL CODE, 2. Pactum reservab dominir (contractual reservation of title) - Express
Art. 1163), reservation of ownership (CIVIL CODE, Art. 1478),
3. Contract to sell;
ID> 4.
CIVIL LAW I
San Bede Law-ROCT Bar Operations Center Es

Sale on Acceptance / Trial / Approval / Satisfaction (CIVIL CODE, Art. 1502)

I RE pAA RED BOOK
me

2. Bear the expenses for the execution and registration of the sale and putting
— Ownership passes to the buyer only when: the goods in a deliverable state, if stipulated (CIVIL CODE. Arts. 1487 &
a He signifies his approval or acceptance to the seller or does any act 1521, par. 5);
adopting the transaction; or 3. Take care of the goods without the obligation to return, where the goods are
b. He does not signify his approval or acceptance to the seller but retains delivered to the buyer and he rightfully -refuses to accept it (CIVIL CODE,
the goods without giving notice of rejection, then if a time has been Art. 1587);
fixed for the return of the goods, on the expiration of such time, and, if 4. To be Liable as a depositary if he voluntarily constituted himself as such
no time has been fixed, on the expiration of a reasonable time. (CIVIL CODE, Art. /587);
5. To Pay interest for the period between delivery of the thing and the payment
Note: In "Sale or Return," the ownership passes to the buyer upon delivery,
of the price in the following cases:
but he may revest the ownership in the seller by returning the goods within
a. Interest as stipulated:
the time fixed in the contract, or, if there is no time fixed, within a reasonable
b, Fruits or income are received by the vendee from the thing sold
time (CIVIL CODE, Art. 1502 (1)).
c. Vendee is guilty of default (CIVIL CODE, Art. 1589).
5 Implied Reservation of ownership:
a. Where goods are shipped, and by the bill of lading the goods are Q: When is the buyer given the right to refuse acceptance of delivery?
deliverable to the sellel, or his agent, or to the order of seller or of his ANS: Unless otherwise agreed, the buyer of goods is not bound to accept delivery
agent — sellerreserCrei,ownerihlprir4he goods (CIVIL CODE, Art_ 1503 thereof by Installments. Where there *Montract of sale of goods to be delivered by
(2)); _ , •
stated installments, which are to b aIpjely paid for, and the seller makes defective
b WhereAotls hy the 614., of lading the goods are deliveries in respect of one or ments, or the buyer neglects or refuses
deliverpbleV fl*dfder of the buye(,orthts agent, but the possession of without just cause to take deliventY or pa or one or more installments, -it depends in
the'biti,qf lading ivetained-by-the_serier.ophis'agent — seller reserves a each case on the terms of the contra'. ict . mstance.s of the case, whether the
riabtito‘ the-Posfession of the gqocISI'Cil /LCCDeit4rt. 1503 (3)); or breach of contract is so mater,i asf,jutlf thet&tj sivort) in refusing to proceed
c. *fibre the rIler of goOds draws din ltie'tit-Yerk., for the price and further and suing for dama9es4 or bread, Of the entire contract, or whether the breach is
.ftransrnris the bill of exchange and bill of lading•togekier to the buyer to severable, giving rise claim for compensation but not to a right to treat the whole
segur acceptance orpayment-ofthelbill of 'exchange, and the buyer contract as broken (C/144.j; cyDE, Art 458A
.d6es ;not honor the bill of exchange (Here. the 'Self& Is the drawer and
bbyer is the drawee). if the buyer; as draivee, des not honor the Q: When is theNyer deeOeclito have 494epted the goods? (IIHE)
'biB oiexcharige. he shall-return the bill dtlading. If he retains the same, ANS: The buff is deemed to have acceh** the good
he,acquires bo'added-rightthereby CODE„Arti 1503). 1. Mvyfiq„Iptimq s to Ape sei46at he h
' 2. Mien the gosrd aye de14 red to hi any act in relation
Q: When does the salesby a‘nbn-ovrer vesttitle tcethe bujrer? to thet y tc jnconsis1nt v l, the ownershi he seller.
ANS: A sale rnede by \.?, non-owrier„rstelitie -to the/buyer nder the following 3. When, 44F e se of a reasonable time, he Retains the goods without
instances: intimating to the er that he 'ected them (CIVIL CODE. Art. 1585);
1 Owner iiiestoppedie(piectiicieb-hY.his-CoeductICAOL/ CODE, Art 1505);
2. Sale mactbs,ty/00/..ert?gister.a,,,owah:Ore, erner in accordance with 4. If there is n ontra ptiTA. d a reasonable opportunity
registration la' VC(y)L7C00k, of Examini the soods delivered to ascertain whether they are in
3. Sales sanctionedbkiecial cp\sOftltoilsoutilority (CIVIL CODE, Art, 1505); conformity wi ntract (CIVIL CODE, Art. 1584).
4. Purchases made in a metehant:siietore, or in fairs, or markets, in accordance
with the Code of Commerce and special laws (CIVIL CODE, Art. 1505); Q: What is the effect of a grant of grace period to the obligation of the debtor?
5. When a person who is not the owner of a thing sells or alienates and ANS: A grace period is a right, not an obligation, of the debtor. When unconditionally
delivers it, and later the seller or grantor acquires title thereto, such title conferred, the grace period is effective without further need of demand either calling for
passes by operation of law to the buyer or grantee (CIVIL CODE, Art. 1434); the payment of the obligation or for honoring the right The grace period must not be
6. Where the seller of goods has a voidable title thereto, but his title has not likened to an obligation, the non-payment of which, under Article 1169 of the Civil Code,
been avoided at the time of the sale, the buyer acquires a good title to the would generally still require judicial or extrajudicial demand before "default" can be said
goods, provided he buys them in good faith, for value, and without notice of to arise .(Bricktown Development Corp. v. Amor Tierra Development Corporation, G.R.
the seller's defectof title (CIVIL CODE, Art. 1506); No. 112182, December 12, 1994).
7. Sale by co-owner of whole property or a definite portion thereof; and
8. Special rights of unpaid seller (CIVIL CODE, Arts. 1526-1533), 0: Howls the grace period applied in the sale of immovable property?
ANS: In the sale of immovable property, even though it may have been stipulated that
OBLIGATIONS OF THE VENDEE upon failure to pay the price at the time agreed upon the rescission of the contract shall
Q: What are the obligations of the vendee'? (PET-LP) of right take place, the vendee may pay, even after the expiration of the period, as long
ANS: The vendee is bound to: as no demand for rescission of the contract has been made upon him either judicially or
I pay the price of the thing sold at the time and place stipulated in the by a notarial act After the demand, the court may not grant him a new term (CIVIL
contract (CIVIL CODE, Art 1582) CODE, Art. 1592).
 CIVIL LAW I
San Bede Law-RGCT Bar Ooerations Center OM
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Volum II Series
BOOK
recover damages for breach of contract (VILLANUEVA, Law on Sales
TRANSFER OF OWNERSHIP
(2009), 352 [hereinafter VILLANUEVA, Law on Sales]).
Q: When is the ownership of the thing sold transferred to the vendee? Note: Of these two views, the first view, i.e. res petit creditor/ is more sensible in our
ANS: The ownership of the thing sold shall be transferred to the vendee upon the jurisdiction. This view espouses that the creditor {buyer) bears the risk of loss because,
actual or constructive delivery thereof (CIVIL CODE. Art. 1477). However, the parties first, under Article 1262 of the Civil Code. an obligation which consists in the delivery of
may stipulate that the ownership in the thing shall not pass to the purchaser until he has a determinate thing shall be extinguished If it should be lost or destroyed without the
fully paid the price (CIVIL CODE, Art. 1478), fault of the debtor, and before he has incurred in delay, This means that the obligation of
the debtor (seller) is extinguished, whereas, the obligation of the creditor (buyer)
Q: What is the effect of a promise to buy and/or to sell a determinate thing? subsists. Second, under Article 1504 of the Civil Code, the provision of res peril domino
ANS: A promise to buy and sell a determinate thing for a price certain is reciprocally specifically applies to sale of "goods" only, hence, not equally applicable to contracts of
demandable. An accepted unilateral promise to buy or to sell a determinate thing for a
sale in general.
price certain is binding upon the promisor if the promise is supported by a consideration
distinct from the price (CIVIL CODE, Art. 1479). Q: Who bears the risk of loss when loss occurs after delivery?
ANS: The buyer bears the risk of loss following the general rule of res peril domino, i e.
RISK OF LOSS the thing perishes with the owner (CIVIL CODE, Art. 1504).
Q: Who bears the risk of loss wheryloss.occurs before perfection?
ANS: The seller and not the"" who 'Intends to,,purchase it bears the loss in DOCUMENTS OF TITLE
accordance with the priri,9ipre theXhe thing perishes wi.thAthe owner. Res pent domino Q: What is a "document of title"?,
applies because there is io delivery,or-4anster_pf.ownership. yet (Roman vs Garnett, ANS: A "document of title to g document used in the ordinary course of
G.R. No. L-2412, April
!, 11, 19.05),--
4, business in the sale or transfer org f of the p*.session or control of the
_
goods, or authorizing or purpvting sor of the document to
Q: Who bears thp r,j.*Ivio os when-lossoccurs upon prirfection? transfer or receive, either,bytendorse or by de ds represented by such
ANS: The partywtCo'o ns it at the4ime-Of perfectionlbeak the risk of loss_ Res petit document (see CIVIL CC)DE, Art. 1636).
domino applies because the contract is void or inexisten0(0/0.. , .„ "CODE,
., Art. 1409, ,
par,3). i —,-., i Q: What are the types,sif docum,ent -of ti
Note: If at the time trip contract of sale is perfected, the thing 'Which' is the object of the ANS: The types ofdcic:iimenOttitle are:
contract has beep,earely lost, the contract shall be without 4nreff t (CIVIL CODE 1, Negotiable Documefft of Title document 'f title in which it is stated that
Art_ 1493 par. V.' ; __ .. _ _ _ ._ . ,.. ../ thetroods referred to thereih deliverabl 'to b arer,Nor to order' of any
' • pezdn rianled4uctit(poum CIVIL efflt
Q: What is the\ `Ek(Otripe
,. OfiRas‘Perif
' Ddlafino"?,1 2. Nor'N otiableno cum4t of - a docu eli &Which does not state
ANS: 'Res pa i domink," is a4_ailkte,rrn whic lifetalty me s, "the/thing perishes with that thiiilpgodi referred tdth n are deliverable either to bearer or to the
,
the owner" Under.the dobkrine of per4,ddn o,,wh1c134s now oovered under Article order ofkny,persiii4 named th 'n DE LEON, Sales, supra at 265).
1504 of the Civil dte, 'tin s ott r,WiSe-agreed, the,g6ods rerpain at the seller's risk
until the ownership theiein rytra , fetre(iioAe bU ut.when, e ownership therein is Q: What is the effect of*erical o of title?
transferred to the buyerAhe re.et4he15.V:yer\S\4isk ttether actual delivery has ANS: Clencal errors inhe wo negotiability, such as the use of the term "by the
,,,
been made or not." order" instead of lo theprder'J1ó not destroy the negotiability of a warehouse receipt
(Roman v Asia Banking COrpolation, G.R. No. L-17825, June 26, 1922).
Q: Who bears the risk of losW*ReirTciss occurs after perfection but before
delivery? CI: When may a negotiable document of title be negotiated by delivery?
ANS: It is governed by the stipulations in the contract. In the absence of a stipulation, ANS: A negotiable document of title may be negotiated by delivery:
there are two conflicting views as follows. 1 Where by the terms of the document the carrier. warehouseman or other
1. According to Pares, Vitug, Padilla. and De Leon, res pent creditori, which bailee issuing the same undertakes to deliver the goods to the bearer; or
literally means, the thing perishes with the creditor (buyer), applies_ After the 2 Where by the terms of the document the carrier, warehouseman or other
perfection but before delivery, the risk of loss is to be borne by the buyer, bailee issuing the same undertakes to deliver the goods to the order of a
even when he is not yet the owner of the subject matter. If the subject specified person, and such person or a subsequent indorsee of the
matter is lost through a fortuitous event, the seller is excused from document has indorsed it in blank or to the bearer (CIVIL CODE, Art. 1508).
complying with his obligation_ but the buyer is still obliged to comply with his
Q: What are the effects of proper negotiation?
obligation to pay for the purchase price. As a result, it is the buyer who
ANS: A person to whom a negotiable document of title has been duly negotiated
bears the risk of loss even if he never became the owner of the subject
acquires thereby:
matter; and
1. Such title to the goods as the person negotiating the document to him had
2. According to Tolentino, Jurado, Baviera, and Villanueva, res perit domino
or had ability to convey to a purchaser in good faith for value and also such
applies, i.e. the thing perishes with the owner. The goods remain at the
title to the goods as the person to whose order the goods were to be
seller's risk until the ownership therein is transferred to the buyer; hence the
delivered by the terms of the document had or had ability to convey to a
risk is to be borne by the seller, but he would no longer be liable for
purchaser in good faith for value: and
damages if the thing is lost through fortuitous event. However, the buyer can
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2. The direct obligation of the bailee issuing the document to hold possession Q: What are the requisites of an express warranty? (AIR)
of the goods for him according to the terms of the document as fully as if ANS: There is an express warranty when the following requisites are present:
such bailee had contracted directly with him (CIVIL CODE, Art 1513) 1. An Affirmation of fact or any promise by the seller relating to the subject
matter of the sale;
Q: How can an assignment of non-negotiable document of title be effected? 2. The natural tendency of such affirmation or promise is to Induce the buyer to
ANS: A document of title which is not in such form that it can be negotiated by delivery purchase the thing; and
may be transferred by the holder by delivery to a purchaser or donee. A non-negotiable 3. The buyer purchases the thing Relying on such affirmation or promise
document cannot be negotiated and the indorsement of such a document gives the (CIVIL CODE, Art, /546).
transferee no additional right (CIVIL CODE, Art. 151/).
Q: What is an "implied warranty"?
Q: What are the effects of transfer by assignment of a document of title? ANS: An implied warranty is that which the law derives from the nature of the
ANS: A person to whom a document of title has been transferred, but not negotiated, transaction or the relative situation or circumstances of the parties, irrespective of any
acquires thereby, as against the transferor: intention of the seller to create it (VILLANUEVA, Law on Sales, supra at 495).
1. The title to the goods, subject to the terms of any agreement. with the
transferor and Q: What are the implied warranties in a contract of sale?
2. The right to notify the bailee who issued the document of the transfer ANS: The following are the implied warranties in a contract of sale:
thereof, and thereb ir obligation of such bailee to hold 1. Warranty as to title (CIVIL Art, 1547);
possession of the g the terms of the document 2. Warranty against evicti CODE, Art 1548),
(CIVIL COD f:Art,15 3. Warranty against no burden or servitudes (CIVIL CODE, Art.
,. ., 1560);
Q: What are the 'j np1d iri ranisLa rso 4h94at ers or negotiates a 4. Warranty against hiddqn mbran CIVIL CODE, Art. 1561);
document of t1t1e/40e g t) 5. Warranty as to quali .r 4 DE, Art. 1562);
ANS: A personiqvitC r lue negotiates' 'or trakisfN ument of title by 6. Warranty again hibito I.I-fects on Wit CODE. Art. 1576);
Indorsement or elive incIfiding dile who assigns or v im secured by a and
document of title unlesI a co Iracifinteation..appears,-warrant Warranties r consume s (R.A. No. 73 Otherwise known as the
i.
1. Th t d cumet Is Genuine; • Consumer Art. 68).
2. That he h s a legal rightto'Negotiate-Or tra sfer-it
3. Thpt.h.fh'as knowledge Of no fact which weuld.lmp iri alidity or worth of Q: When is an led wa a mewl e?
theitdociT nt• and .- ANS: Implied rranty applicable in t following tances.
4. Thal he a Rikiht.to transfer thetitle.,(Cr the go s and fiat the goods are 1 "A s and'w is" sale, or l-• the v "-i'oierranty as to the
meiVanta or fit for a particubarhuripse, henevet such warranties quali or on e goods , the vendee takes
would,have been ihtioltedif.the confract-of the arties i d been to transfer them n in ich y are found and from the place where they
withotit a docIient of ,title:lhe:goods represented t reby (CIVIL CODE. are locat,..
Art 1516) 2 Sale of s pd-t 1d articles rmedtate Appellate Court, G R
No. 73913, ary 31
WARRANTIES • • 3. Sale by virtu f au in fact or law (DE LEON, Sales, supra at 388)
Q: What is a "warranty"? Q: When is there a breac ,f4ifiarranty against eviction? (DeW-FIRS)
ANS: A warranty is a statemeriror.representgion made by the seller of goods. ANS: There is a breach of warranty against eviction when the following requisites
contemporaneously and as a part of the contract of sale, having reference to the concur:
character, quality, or title of the goods, and by which he promises or undertakes to 1 Vendee is Deprived in whole or in part of the thing purchased.
ensure that certain facts are or shall be as he then represents them (Ang v. Court of 2. Deprivation is by virtue of a Final judgment (CIVIL CODE, Art. 1557);
Appeals, G,R, No 177874. September 29, 2008) 3. Judgment is based on a right Prior to the sale or an act imputable to the
vendor (CIVIL CODE, Art. 1548); and
Q: What are the kinds of warranties?
4. Vendor was Summoned in the suit for eviction at the instance of the vendee
ANS: The kinds of warranties are:
to;
1. Express warranty - imposed by the parties, It can be:
a. Enable the seller to prove his claim;
a, Warranty relating to the contract or the transaction
b. Avoid multiplicity of suits; and
b. Warranty relating to the object of the contract
c. Satisfy due process (CIVIL CODE, Art 1558).
c. Warranty relating to the party of the contract
5. No Waiver of warranty by the vendee (CIVIL CODE, Art. 1554; DE LEON
2. Implied warranty - imposed by law (DE LEON. Sales, supra at 378).
Sales, supra at 391).
Q: What is an "express warranty"? Note: The warranty cannot be enforced until a final judgment has been rendered,
ANS: Any affirmation of fact or any promise by the seller relating to the thing is an whereby the vendee loses the thing acquired or part thereof (CIVIL CODE, Art 1557)
express warranty if the natural tendency of such affirmation or promise is to induce the The buyer need not appeal from the decision in order that the seller may become liable
buyer to purchase the same, and if the buyer purchases the thing relying thereon (CIVIL. for eviction (CIVIL CODE, Art. 1549).
CODE, Art. 1546)
 CIVIL LAW I
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Q: What are the remedies of a buyer and/or obligations of a seller in case of loss
CI: What are the remedies of an aggrieved vendee in case an eviction takes place?
(VICED-DE) of the thing due to breach of warranty against hidden defects?
ANS: In case an eviction takes place, an aggrieved vendee has the following remedies: ANS: The remedies of a buyer and/or obligations of a seller in case of loss of the thing
1. In case of total eviction, the vendee shall have the right to demand from the due to breach of warranty against hidden defects are as follows:
vendor the following:
Seller was aware of hidden Seller was not aware of
a_ Return of the Value which the thing sold had at the time of the eviction;
defect hidden defect
b. Income or fruits, if he has been ordered to deliver them to the party
who won the suit against him; Thing sold is lost The seller shall bear the loss and The seller shall:
c. Costs of the suit, as shall: 1. Return the price and
d. Expenses of the contract. and consequence of 1. Return the price; interest thereon, and
e Damages and interests, and ornamental expenses, if the sale was hidden faults 2. Refund the expenses of the 2. Reimburse the expenses
made in bad faith (CIVIL CODE, Art. 1555). contract, only when the buyer of the contract which the
2. In case of partial eviction, the vendee may: paid for them; and vendee mighthave paid
a. Demand rescission of contract; or 3 Pay for damages.
b. Enforce the vendor's liability for eviction under Art 1555 of the Civil
Code (CIVIL CODE art....1555).„,,, Seiler acted in bad faith Seller was NOT aware
1 Thing is lost The seller
Q: What are the effects of,1 wai r of warranty agairibeviction? The buyer may demand from
ANS: Any stipulation eierriPting t '9,vendor from the obtig-ation to answer for eviction through a damages to the vendor the price which he
shall be void. if he etecrin faith (CIVIL CODE, Art. 1553). Furthermore, the fortuitous event paid, less the value which the
.,
following rules shal ap ..„ or through the had when it was lost
1, in caskvvaiver
tA c6nsclente/ simple - If the v dee:has renounced the right fault of the buyer
t ift case of eviction, and evicticln shoold take,. place, the vendor
to wtirrarity (CIVIL CODE, Arts 15 569) ,
shall only y the value which the thing sol had at the time of the eviction.
2. In ctai3O:43f aiver:iiitiiiiainWaTabliffaVir Should the vendee have made Q: When is there an epikep varra.,nty
lvir
,
condition as(o Ahl, quality or fitness of
the 'Oaiv tlr with knO\viedge of the risk of eviction end assumed its the goods? al,- 4,,...

- ,›..,„
,. ,4,
ue ces. the vendor shall not be liable (CIVIL CODE Art. 1554).
corp l
Note: Even w‘ en'
,
l there inpv.spacific avaiv,er,_one Wife/ pufchases real estate with
ANS: There ivfilmplied iyaWa
as follows:
- nty or,.con Mon as to the quarity or, fitness of the goods
e.
knowledge of a e§cicir lat*eflitle in his vendor caruidtilainittiaf he has acquired title 'e ttleliuyeirxpitato o impliati to the seller the
thereto in good eh, When thetiqei cannot show that he is a buyerin good faith, he is particular purppse, for Mitch oods are a rid it appears that the
not entitled to thkwarra against eviction norts he entitled to recaYer damages under buyerNipte lt.sellel skilqpir judgment; or
Article 1555 of th Civil Code (..l.g-.t trason,.v: . Court Appeals:` G.R. No. L-41233, 2. Where the goods 'are boUghtd4description from a seller who deals in goods
November 21, 197 ,,,,, • 1 of that des ' tionkCilfiL COD ' : 5
.,,Q oars 1 & 2)
00°
, , - ''',, ,,,-• Note: There is NO wa nty asAitilt11- if the same are sold under
Q: When is there a breacl . cif ar ntraialtisthidd,ecilefeCts? (HE-NotIS) their patent or trade na‘tie, unless there is a stipulation to the contrary (CIVIL CODE.
ANS: The requisites to re"Obvero accolint Of hidden Weds are as follows_ Art. 1563).
1. Defect must be Hikens„„...__„'
2. Defect must Exist at the time the sale was made; Q: What are the warranties of a seller in a contract of sale by sample?
3 Defect must ordinarily Not have been excluded from the contract; ANS: The seller who is a dealer in goods in that kind warrants the following.
4. Defect must be Important, i.e. would render the thing unfit or considerably 1. That the bulk of good delivered correspond with the sample shown by the
decreases fitness; and buyer (CIVIL CODE, Art. 1481); and
5 Action must be instituted within the Statute of limitations (Nuttimix Feeds v. 2. That the goods shall be free from any defect rendering them
Court of Appeals, G.R. No. 152219, October 25, 2004). unmerchantable which would not be apparent on reasonable examination of
the sample (CIVIL CODE, Art 1565).
Q: What are the remedies of a buyer In case of breach of warranty against hidden
defects where the thing has not been lost? Q: What are the remedies of the buyer in case of breach of seller's warranty?
ANS: In case of breach of warranty against hidden defects where the thing has not (SARR)
been lost, the buyer may exercise either of the following remedies, with damages in ANS: The buyer may, at his election, avail of the following remedies:
either case; 1. Recoupment- accept the goods and Set up the seller's breach to reduce or
1. Accion redbibitoria - action to withdraw from the contract; or extinguish the price;
2. Accton wand minoris - action to demand a proportionate reduction of the 2. Accept the goods and maintain an action for damages for breach of
price, with damages in either case (CIVIL CODE, Ad. 1567) warranty;
3. Refuse to accept the goods and maintain an action for damages for breach
of warranty; or
 CIVIL LAW
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4, Rescission - rescind the contract and refuse to receive the goods; or if R.A. NO. 7394, CONSUMER ACT OF THE PHILIPPINES
goods have already been received, return them and recover what was paid
Q: What are "consumer products and services"?
or any part of it concurrently with return or immediately after it
ANS: Consumer products and services cover goods. services and credits, debts or
Note: These are ALTERNATIVE remedies, without prejudice to paragraph 2 of Article obligations which are primarily for personal, family, household or agricultural purposes,
1191 of the Civil Code which provides that a party may still seek rescission after which shall include but not limited to, food, drugs. cosmetics, and devices (RA. No.
choosing specific performance if the latter becomes impossible (CIVIL CODE, Art 7394, Art, 4(q)).
1599),
Note: Thus. lubricants for aircraft propellers and engines are not consumer products
(Air Philippines Corp. v. Pennswell. Inc.. G.R. No. 172835, December 13 2007)
Q: What are the consequences of the buyer's election to rescind?
ANS: In case of breach of warranty by the seller in the sale of goods, the buyer's
Q. What is the nature and extent of liability of the retailer in case of breach of
election to rescind the contract of sale has the following consequences:
warranty for consumer goods?
I. He shall cease to be liable for the price upon returning or offering to return
ANS: The retailer shall be subsidiarily liable under the warranty in case of failure of
the goods
both the manufacturer and distributor to honor the warranty. In such case, the retailer
Note: If the price or part thereof has already been paid, the seller shall be shall shoulder the expenses and costs necessary to honor the warranty. The remedy of
liable to repay what has been paid and to return the goods; and the retailer in such case would be to pro ed against the distributor or manufacturer
2. If the seller refusp.-to'aCcept an offe0flfte buyer to return the goods, the (R.A. 7394, Sec. 68(b.3)).
buyer shall b eemell4o holohefiiv'dsibsfia ee for the seller.
Q: What are the two kinds of wa l j consumer goods?
Note: TN, ,s 'etc 40076 u pajdhttsf any portion of the pnce
ANS: A written warranty shall cleiy dorrspicuously designate such warranty as:
which hasAeen , and wittLthezemecifes, foA iltrement of such lien
1. Full warranty - if the rarrty, meets ,the minimum standards for
allowedto aft-t aid-seller by Article-16260AM CO , Art. 1599). , 'n hdlg.'.
warranties, i.e. that the
,
. a. Remedy ,e,ch'"Consumer woduct wit easonable time and without
Q: When is alit buyer not Intitled to reScind the Sale extp n case of breach of
, chargejip se of altalak. t malfunction or -failure to conform to such
warranty? (K Rel, . .
written Artinty; 71
ANS: Should t oo4s have beer delivered to the buer, he c Aet rOscind the sale in
b. Permj 1h%k.consumer tr,i • elect whether to q,sk for a refund or
any of the foll ing in . tancesi ' - , replkemegtWhout cha of such productior rt, as the case may
1. If fte..4fi.ew of ,the'vreadi & warranty wherhfte accepted tile goods without
y i 'l e, wh.sit after reasdneb umber of aemps to remedy the defect or
pr est, 1 ,,,- r s------.4:::, ---- — -1. -
al.f.0,c' RIA,,the vduct - tinues v ' t or to malfunction
2. If IS o Hotiy:the seller within aireasehabel; tin, f the election to
(R A No.'7194, A" (d) nd
res ; or i
3 If he fails fik RettliTi,.!Nb offreic,- *Urn die goo/s to the seller in
2. Limited wafftlet- if i wni h warranty meet such minimum
require-nttr(R* '4,At.No 7B94, 68(c))
substkially asksgood conclaorras-fheY;wer in at t time the ownership
was transferred flo. e-bLiSfee (plyk cbc3, rt, 1599 0: What is the duratiorri,g,the enforcea arity for consumer goods?
Note: However, if the etef!,oOro"n:-or- iuKy..of-Vrq, odsisedue to the breach of the ANS: The action for teach ot*arrerik CeP:0 •k 'goods may be enforced in
warranty, such deteriora ot )kjury sall; non-p,t?r,e Ke buyer from returning or accordance with the foll*ing: '
offering to return the goods to fte seller aiidtegandig e sale 1. Stipulation ofte,,pittles; or
2. In the absence f'stipulation, not less than 60 days but not exceeding one
Q: What are the prescriptive periods for breach of warranty against hidden (1) year following the sale of new consumer products (RA. 7394, Sec
defects of or encumbrance upon the thing sold? 68(e)).
ANS: The prescnptive periods for the breach of warranty against hidden defects are as
follows Q: What is the price tag requirement under the Consumer Act?
ANS: It shall be unlawful to offer any consumer product for retail sale to the public
Implied Warranty Express Warranty Action Based on Quasi-Mild. without an appropriate price tag, label or marking publicly displayed to indicate the price
Of each article and said products shall not be sold at a price higher than that stated
Rescission Or 1 In accordance with the Within four (4) years from the therein and without discrimination to all buyers: Provided, That lumber sold, displayed or
proportionate stipulation of the time the right of action accrues .
offered for sale to the public shall be tagged or labeled by indicating thereon the price
reduction of price parties; or (CIVIL CODE. Art. 1144, par. 2).
and the corresponding official name of the wood: Provided, further, That if consumer
(accion quanti 2 In the absence of products for sale are too small or the nature of which makes it impractical to place a
minoris) - six (6) stipulation, within four price tag thereon price list placed at the nearest point where the products are displayed
months from the date (4) years from the time
indicating the retail price of the same may suffice (R.A. No. 7392, Art. 81),
of delivery of the the action for rescission
thing sold (CIVIL accrues (CIVIL CODE,
CODE, Art. 1571), Art. 1389),
(Moles v. (AC, G.R No. 73913, January 31, 1989)
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BREACH OF CONTRACT
2. The goods have been sold on credit, but the term of credit has Expired; or
Q: What are the actions available for breach of contract of sale of goods? 3. The buyer becomes Insolvent (CIVIL CODE, Art. 1527).
ANS: The actions available for breach of contract of sale of goods are:
1. Action by the seller for payment of the price (CIVIL CODE, Art. 1595); Q: When is possessory lien lost? (DOW)
2. Action by the seller for damages for non-acceptance of the goods (CIVIL ANS: The unpaid seller of goods loses his right of possessory lien:
CODE, Art 1596); 1. When he Delivers the goods to a carrier or other bailee for the purpose of
3. Technical rescission (action by the seller for rescission of the contract for transmission to the buyer without reserving the ownership in the goods or
breach thereof) (CIVIL CODE, Art, 1597), the right to the possession thereof;
4. Action by the buyer for specific performance (CIVIL CODE, Art. /598); and 2. When the buyer or his agent lawfully Obtains possession of the goods;
5. Action by the buyer for rescission or damages for breach of warranty (CIVIL 3. By Waiver thereof (CIVIL CODE, Att. 1529, par. 1).
CODE, Art. 1599).
Q: What are the requisites for a stoppage of goods in transitu? (TIU-ESE)
Q: When may an action for the payment of the price be exercised? ANS: An unpaid seller may exercise the right of stoppage of goods in transitu when the
ANS: An action for the payment of the price may be exercised when: following requisites concur:
1. The ownership has passed to the buyer and he wrongfully neglects or 1. Goods must be in Transit (CIVIL CODE, Art. 1531);
refuses to pay for theepricer_rm"----, 2. Buyer must be Insolvent (CIv CODE. Art. 1530);
2_ The price is paeaffqeen a day cert4 ,ana'he,rongfully neglects or refuses 3. Seller must be Unpaid (CZ DE, Art, 1525):
to pay for the4rice, irrespective of-the•delively eeeransfer of title; or 4. Seller must either
3. The goode9annoe r ile"brireslitdeeer a teeketaVe price and the buyer a. Actually take pos e goods sold: or
wrongly-1;f* o acc na_a_yenItekorpothe ownership of the goods b. Give notice of h carrier or other person in possession of
has tersest; . p39 is inapplicable TOIV(SQ0Dp Art. 1595). the goods (CIVIL - •ar. 1)
.4( 5. The seller must Sui-refid of title, if any, issued by
Q: When may the seller totally resCind the contract f sale? the carrier or ' (CIVIL C E, Art. 153 , and
ANS: A seUerInatojlly rescind the-contract of sale..under\he oikving instances by 6. The seller st bear tl*, enses of delivr.en f the goods after the
giving notice of pielectron tb do so to the buyer, prieieded 0:3at-thb oods have NOT exercise of be iht (Cf1/.12&t E, Art. 1532, plf
been delivers to himi hAt.
1. Th has-repediated the contract of siAee . Q: When is the.,cdtrter or liker bailee j titled in refusing to deliver the goods to
2 The buypt. hasexianifested--his enability,lo :perform tile ;obligations there the seller des ft'S' the giving of notice o oppage intransitu by,the seller?
undeleitiet , ANS: If a n 'ableedoc ent oetitle sentin. ysden issued by the
3. The‘ouyer Aes coffiriltied a breach thered(CW/L CODE Art 1597). carrier or othe ailee. siall nVtee o ed to d tiM in delivering the
Note: The rescisSion under Articles 1525, 156, 1533. err; 1534kf the Civil Code is goods to the selleLAnteee'rAtch clo4ime first surren ere or cancellation (CIVIL
different from the repiedy AtesciesionetriaerArticle 159f of the Code. The seller must CODE, Att. 1532, pit.4.2)
give clear and unecibircal notice to the buyer of hiseelectien tol rescind the contract of
sale, otherwise the coritaet e-utesisaTCML COOE'Art.e15e7),. Q: When may a special righfbf resale 0 an unpaid seller? (RED)
- ANS: The special nghWe resat e:'yfeT6 ctsece hen the unpaid seller has
Q: Who is deemed to be an Unpdid seller? ..,•0#" either a right of lien or 5N- •sto the goods in transitu and under any of the following
ANS: The seller of goods is deemed-to-be aneinpaid seller when. conditions:
1 When the whole of the price has not been paid or tendered; or 1. Goods are Pe3Nis a le in nature;
2. When a bill of exchange or other negotiable instrument has been received 2. The right to resell is Expressly reserved in case the buyer should make a
as conditional payment, and the condition on which it was received has default; or
been broken by reason of the dishonor of the instrument, the insolvency of 3. The buyer Delays in the payment of the price for an unreasonable time
the buyer, or otherwise (CIVIL CODE, Art. 1525). (CIVIL CODE, Art. 1533).

Q: What are the remedies available to an unpaid seller? (LSR2)
ANS: The remedies available to an unpaid seller are:
1. Lien on the goods or right to retain them for the price while in his possession
(CIVIL CODE, Arts. 1526, 1527-1529);
2. Right of Stopping the goods in transitu in case of insolvency of the buyer
(CIVIL CODE, Arts. 1526, 1530);
3 Right of Resale (CIVIL CODE, Arts_ 1526, 1533);
4. Right to Rescind the sate (CIVIL CODE, Arts. 1526, 1534).
Q: In case of resale, is there a need for the seller to notify the vendee of his
intention to resell the goods?
ANS: There is a need to distinguish. It is not essential for the validity of a resale that
notice of an intention to resell the goods be given by the seller to the original buyer. But
where the right to resell is not based on the perishable nature of the goods or upon an
express provision of the contract of sale, the giving or failure to give such notice shall be
relevant in any issue involving the question whether the buyer had been in default for an
unreasonable time before the resale was made (CIVIL CODE, Art. 1533, par. 3).

Q: When may an unpaid seller exercise the possessory lien? (WEI) Q: In case of resale, can the unpaid seller buy the goods?
ANS: An unpaid seller may exercise the right of possessory lien when: ANS: No, the seller cannot directly or indirectly buy the goods (CIVIL CODE, Art. 1533.
1. The goods have been sold Without any stipulation as to credit, par 5)
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0: When is rescission of transfer of title to the goods available? 3. If the disturbance is a mere Act of trespass;
ANS! An unpaid seller having the right of lien or having stopped the goods in transit Note. There is a mere act of trespass when the third person claims no right
may rescind the transfer of title and resume the ownership in the goods; whatever.
1 Where the right to rescind on default has been expressly reserved; or
4 If the vendor has caused the disturbance or danger to Cease (CIVIL CODE.
2. Where the buyer has been in default for an unreasonable time (CIVIL
Art. 1590); or
CODE, Ant 1534, par. 1).
Note: When the disturbance is caused by non-apparent servitude, the
Q: May an unpaid buyer exercise the aforesaid remedies granted to an unpaid remedy is rescission, not suspension of payment (CIVIL CODE, Art. 1560)
seller? 5 If the vendee has Fully paid the price (DE LEON, Sales, 457)
ANS: Yes. Where the buyer is entitled to rescind the sale and elects to do so, if the
seller refuses to accept an offer of the buyer to return the goods, the buyer shall Q: What is the effect of failure on the part of buyer to pay the price?
thereafter be deemed to hold the goods as bailee for the seller, but subject to a lien to ANS: As a general rule, the vendor may sue for rescission of the contract if the vendee
secure payment of any portion of the price which has been paid, and with the remedies failed to pay the agreed price (CIVIL CODE, Art.1191). The sate of real property,
for the enforcement of such lien allowed to an unpaid seller by Article 1526 of the Civil however is subject to the stipulations agreed upon by the parties and to the provisions
Code (CIVIL CODE, Art. 1599. par. 5), of Art 1592 which provides for non-payment of the purchase price as a resolutory
condition (DE LEON, Sales, supra at 4594
Q: When is there automatic rescission in the sale of movables'?
Note: The law uses the phrase "even thoitp,h'. emphasizing that when no stipulation is
ANS: There is automaticerescission in the interest of the,sellee if the buyer, upon the
found on automatic rescission, the judieralk notarial requirement still applies (Irifigan v.
expiration of the period for-delivery of theehing,„
Court of Appeals, GR. No. 129107, §epteifther 26, 2001).
1. Should not have appeared to receive It Of
2. Having 'appeared ehoulderibrhaVe tendered the price at the same time
. ,.. Q: What is a "sale by description"? .
(CIVIL' CODE, Art 1593),
ANS: Sale by description occurs where 0 seller sells things as being of a particular
,
kind, the buyer not kn wing whether the t' eller's representations are true or false, but
Q: What is an "anticiptory breach"?
relying on them as tru a or, as otherwise' ated, where the purobaser has not seen the
ANS: An anticiPatoree breach may -c:TCP-u-r When there is a -definite or unconditional
repudiation of the contract by,a party thereto communiOated to the other even though ft article sold and relies oh 'the despription gi n him by the vendor or has seen the goods
but the want of identity is not apparent on pection (DE LEON, Sales supra at 135).
takes place bpfciee, Tie time, prescribed for the prolmised prierforMance and before
conditions spetiffed irl the *anise have even occuirecliCalhay L ind, Inc. v. Ayala
Land, Inc., GR1No 210209, Ay'diist 9, 2017 (Caguica,f, concutring)). ! Q: What Is a tsgte b.dain le"?,
i . ANS: To conStitute a s t appear at"parties contracted solely
An antidp`gtory b[each
. -eefers to an unqualified
. d pcfsiive
and t refusal to perform a with reference to V .211i3 ending thaahe bblk;Was like it. But a mere
At
contract. though‘he pe ermance thereof is not yet due may, if the renunciation goes exhibition of a sa 19f in absence of any showing that it was an
into the whole colltract, b`e. treated as a:complete breach' which will entitle the injured inducement of the s he sol ereof, does not amount to a sale by
party to bring his *ion at oece (131Ossocm Co v Manila +Gas Corp GR_ No. L-32958, sample as where the q article d is expressly described in the
November 8, 1930). '''. contract without refere ee that the goods ordered
,\
shall differ from the sa particular matter (DE LEON, Sales supra at /35).
Q: When is there anticipatory breach? `(PNG) „
ANS: Seller may sue for rescieon-ifAgfortthangtoncur: Q: In a sale of goods b cription or by sample, when can a buyer demand
1. There is delivery of Property; rescission?
2. Vendee has Not yet paid the price; and ANS: The buyer may demand rescission:
3. Vendor has reasonable Ground to fear the loss of property and loss of price, 1. In a contract of sale of goods by description OR by sample, if the bulk of the
Note: When there is no such reasonable ground, Article 1191 shall be observed (when goods do not correspond with the description OR sample; or
the vendee does not comply with what is incumbent upon him) (CIVIL CODE, Art. 1591). 2. In a contract of sale of goods by description AND sample, if the bulk of the
goods do not correspond with the description AND sample (CIVIL CODE,
0: When is suspension of payments in anticipation of breach applicable? Art. 1481).
ANS: Suspension of payments in anticipation of breach is applicable when:
1. The vendee is disturbed in possession or ownership of the thing bought; or 0: What are the remedies of the buyer under the Recto Law? (FCF)
2. Vendee has reasonable ground to fear that his possession or ownership ANS: Under Article 1484 or the Recto Law, in a contract of sale of personal property
would be disturbed (by a vindicatory action or a foreclosure of a mortgage) the price of which is payable in INSTALLMENTS, the vendor may exercise any of the
(CIVIL CODE, Art. 1590). following remedies:
1. Exact Fulfillment of the obligation, should the vendee fail to pay;
Q: When does the vendee have no right to suspend payment? (SPACF) 2. Cancel the sale, should the veixiee's failure to pay cover two or more
ANS: The vendee has no right to suspend payment: installments; OR
1, If the vendor gives Security for the return of the price in a proper case.
2. If it has been stipulated that notwithstanding any such contingency the
vendee must make Payment;
 CIVIL LAW I
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3 Foreclose the chattel mortgage on the thing sold. if one has been Q: In the application of Maceda Law, what are the rules if the buyer has paid
constituted, should the vendee's failure to pay cover two or more installments?
installments. In this case. he shall have no further action against the ANS: In the application of the Maceda Law, the following rules must be observed in
purchaser to recover any unpaid balance of the price. Any agreement to the case the buyer has paid installments'
contrary shall be void (CIVIL CODE. Art. 1484).
At !east 2 years of installments Less than 2 years of installments
Note. The remedies under Article 1484 are alternative, not cumulative, In that the
exercise of one would bar the exercise of the others (Delta Motor Sales Corporation v. 1. There shall be a one (1) month grace 1 The seller shall give the buyer a
Niu Kim Duan, G.R. No. 61043, September 2, 1992). period for every one (1) year of grace period of not less than sixty
installment payments made (R A. No. (60) days from the date the
Q: What are the requisites for the application of the Recto Law? (CPIF) 6552 Sec. 3); installment became due. If the
ANS: In order for the Recto Law to apply, the following requisites must concur: buyer fails to pay the installments
Note: This right shall be exercised by the
1. There is a Contract of Safe: due at the expiration of the grace
buyer only once in every 5 years of the
2. The sale involves Personal property; period, the seller may cancel the
life of the contract and its extensions, if
3 The purchase price is payable on Installments; and contract after thirty (30) days from
any (R.A. No. 6552, Sec. 3).
4 In the case of the second and third remedies, that there has been a Failure receipt by the buyer of the notice of
to pay two or more installments (C1ViL CODE, Art. 1484). 2. Actual cancellation can only take race cancellation or the demand for
after 30 days from receipt by th Are,t,I of rescission of contract by a notarial
Q. When is Recto Law ipapNicable, (Pe-MoReTof the notice of cancellation or act (R.A. No. 6552, Sec. 4); and
ANS: The Recto Lavot inapplicable ItittiO'following iniarfc'eS:., ' rescission by a notarial act a
1 Sale of &SonaNtirgberty_payabtejn stratht te - When there is an initial payment of the cash surren 2. The buyer shall have the right to sell
payment,and--the-balanbe is payable in. ure (Levy Hermanos, Inc v. the buyer (Olympia Iipu s ri • h r assion the same to
Gervicro,. . Ncf1L-46306, October 27, , ,e'-' ; \t, Panasiatic Travel Corporation, on OR to reinstate the
2. Saltor MarIgagepf real estate, 140468, January 16 2903), con updating the account
3 Act n fpr Ke.plevip; . \ during th. ace period and before
Note: The seller slijj refund to th.A . er
4. Cola s 3:12 sell bf movables (VILLANUEVA, Lawtn.S&4. supra at 381) the cash surre era al
actual cin
(R.A. N.
tion of the contract
Sec. 5);
i A payments on ro equivalen o
What are elf • 'i • • •
_ 'sites,- or the application of the firlacedgiaiiv or R.A. 6552?
, 50% of th al pa merits made. A r 3 The dyer have the right to
(RD) \ five (5) yo.jof insItJjj ents there' s pay irk ad fly installment or
ANS. In orde for provisions\of the Maceda LaW to" app , tlfe, following requisites be an ad nar5% e trit tflui ance of the
must be present, exceed 90%-pf the-tota purclia ny time without
1 The n or contrasi,,involvfis,the...sale oyfinanci9g of Real estate on (R.A. No. 655 ) interest and to have such full
install in'bluegnqsisidentfal co ominiutn apartments; and payment of the purchase price
2 The bu ih-. ,pent
o1 sUceeØill3g installments (R A. No 6552, 3. The buyer shall'have th ht to
rights or assign t"' -same to a
sell nnotated in the certificate of title
otherwise „Peek:In-Oaf i.t.puyeryl. Sec 3) the property (RA No.
person OR to reiris te the ec 6)
cecta Lav;• ; NY? `‘'‘, updating the accot
—TI —clur the grace
Q: In what instances does
ANS: The Maceda Law applielltIsthejcao Jnstalibes: period and before a ncellation of
1. Contract of sale: the contract (R.A. No. Sec. 5);
2. Contract to sell; and Note: The buyer shall have the right to pay
3 Financing transactions (VILLANUEVA. Law on Sales supra at 414) in advance any installment or the full-unpaid
balance of the purchase price any time
0: When is the Maceda Law inapplicable? (CASI) without interest and to have such full
ANS: The Maceda Law is inapplicable in the following instances- payment of the purchase price annotated in
1. Sale covering Commercial buildings (and commercial lots by implication); the certificate of title covering the property
2. Sale to tenants under agrarian reform laws, (RA. No. 6552, Sec. 6).
3. Sale of lands payable in Straight terms; and Note: Down payments, deposits or options
4. Sale covering Industrial lots (RA. No. 6552, Sec_ 3). on the contract shall be included in the
Note: The enumeration is not exclusive (VILLANUEVA, Law on Sales, supra at 415- computation of the total number of
416) Installment payments made (R.A. No. 6552,
Sec. 3).
la>
Q: What is the operative act to effect the cancellation of the contract of sale
CIVIL LAW I
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Q: What transactions are exempted from the requirement of license and

covered by the Maceda Law? performance bond?
ANS: The payment of refund will be the operative act to make effective the cancellation ANS: A license to sell and performance bond shall not be required in any of the
of the contract (Layug v. !AC, G.R. Na 75364, Nov. 23, 1988). following transactions:
1. Sale of a subdivision lot resulting from the partition of land among co-
P.D. 957, THE SUBDVISION AND CONDOMINIUM BUYER'S PROTECTIVE DECREE owners and co-heirs;
2 Sale or transfer of a subdivision lot by the original purchaser thereof and any
Q: What is a "subdivision project" under P.D. 957?
ANS: Subdivision project" shall mean a tract or a parcel of land registered under Act subsequent sale of the same lot; and
3. Sale of a subdivision lot or a condominium unit by or for the account of a
No. 496 which is partitioned primarily for residential purposes into individual lots with or
mortgagee in the ordinary course of business when necessary to liquidate a
without improvements thereon, and offered to the public for sale, in cash or in
installment terms. It shall include all residential, commercial, industrial and recreational bona fide debt (P.O. No. 957 as amended, Sec. 7).
areas as well as open spaces and other community and public areas in the project (P.D.
No. 957, otherwise known as `The Subdvision and Condominium Buyer's Protective ACT NO. 3952, THE BULK SALES LAW
Decree", as amended by P.D. No. 1216, Sec. 2(d)). Q: What are the three types of transactions treated as bulk sales?
ANS: The three (3) types of transactions which are treated as "bulk sales" covered by
Q: Who is an "owner" under P.D.4511---, the law are the sale, transfer, mortgag ssignment of:
..0,
ANS: "Owner" shall refer to,the cegiste d iDwn rrof Jjie4and subject of a subdivision or 1. A stock of goods, wa handise, provisions, or materials not in the
a condominium project (p.15,-9,5 rakam , ' d; o. ecT2%(1)).„ ordinary course of tra regular prosecution of the business of the
i •,, .,,,,,..-- -----....._,:s.
a I _... N
seller, mortgagor, tra signor ("Extraordinary sale of goods");
ICI: Who is a "deal --.
de .,..9
,N2 -.—......,_ 2. All, or substantially all, res and equip ent used in and about the
ANS: "Dealer" s ll.me ny-person directly en'ageds pjpçrai in the business of business of the selle or gnor ("Extraordinary sale
buying, selling oyek'.a 21ng 'eal estate whether on rt-time basis (P.O. of fixtures and e ent"),
No. 957 as amepded, Sc. 2(*)). 3. All, or subs y all, of siness or trade t ofore conducted by the
, .
: — s . . t seller, mo go ; transfe assignor ("Sale Of m ess enterprise") (Act
, .,), i
Q: When may An-Owner or dealer of a subdivision let or co,nderhihium project sell No. 3952, o se kno4n as e Bulk Sales Ca' as amended. Sec. 2).
such lot? . : ...........; I A
ANS: The oWne.,r rii,dealer shall not be authorizep to. self any rsubdivision lot or Q: What transa ons are bfbver e law on b les?,
condominium tinit ii:14 e registeed prefect -uniess-helisfiell,ha tained a license ANS: The fol g ar covered b th ulk Sales
to sell the projeterv,41thirt two‘Weeks from the registrati f suO prOjecrt (PD. No. 957 as 1 If sell Ara fddnumo or or and delivers a
amended. Sec. par.1),. 4
writter! wa.vev 4he provision,, of the LawThrn lisocr Mors as shown by
,.. -.... / verified (Act No. 3 as amended, Sec. 2);
0: What are the ek(luirerne,rits for an owner of dealer,ki be is5teed a license to sell 2. Transactigns effe ed by execeors, ,admiristrators, receivers, assignees in
under P,D. 957? \ . ' insolvency, c officers, ,Orit14'de‘ legal process (Act No. 3952 as
; ‘-',., .;.-.---. .00" '-',.
ANS: For an owner andealeite j1 ,e,isW, á1 se Jo., sellrttle requisites are; amended,
1. The National'Hpuing AuthoqtyiNklA fter• §;xemination of the registration 3. When it refi. to prXteles exempt from attachment or execution (RULES
statement filed by,thesownerrialideater'and'documents pertinent thereto, is
convinced that: '",...- ...:,,,„,....3....• M'''
OF COUR tit 12).

a The owner or dealer of good repute;
b. The owner or dealer's business is financially stable; and
c The proposed sale of the subdivision lots or condominium units to the
public would not be fraudulent (P.O. 957 as amended, Sec. 5); and
2. The owner or dealer must file a performance bond approved by the NHA to
guarantee the construction and maintenance of roads, gutters, drainage,
sewerage, water system, lighting, and full development of the subdivision or
condominium project (P.O. 957 as amended. Sec. 6).
Note: The lack of a certificate of registration and a license to sell on the
part of a subdivision developer does not result to the nullification or
invalidation of the contract to sell it entered into with a buyer. Nothing in P.D.
957 provides for the nullity of a contract validly entered into in cases of
violation of any of its provisions such as the lack of a license to sell. The
general penalties for violation of any provision in PD. 957 are provided for
in Sections 38 and 39 (Moidex Realty, Inc. v. Saberon, G.R. No. 176289,
April 8, 2013).
Q: What are the obligations of a seller when the transaction is a bulk sale?
(DPWB)
ANS: It shall be the duty of the seller, mortgagor, transferor, assignor, as the case may
be, to perform the following acts:
1. To Deliver a Sworn Statement of Listing of Creditors — Before receiving
from the buyer, mortgagee, or his/its agent or representative, any part of the
purchase price thereof, or any promissory note, memorandum, or other
evidence therefor, to deliver to such buyer, mortgagee or agent, or if the
buyer, mortgagee, or agent be a partnership firm, then to a member thereof,
a written statement of:
a. Names and addresses of all creditors to whom said seller or mortgagor
may be indebted;
b. Description of the amount of indebtedness due or owing, or to become
due or owing by said seller or mortgagor to each of said creditors (Act
No. 3952 as amended, Section 3).
 CIVIL LAW I
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Q: What are the effects in case the seller delivers to the buyer a quantity of goods
2. Pro-Rata Application of Proceeds — Apply the purchase or mortgage less than he contracted to sell?
proceeds to the pro-rata payment of bona fide claims of the creditors as ANS: Where the seller delivers to the buyer a quantity less than he contracted to sell,
shown in the verified statement (Act No. 3952 as amended, Section 4). the buyer may:
3. Written Advance Disclosure to Creditors — The seller, transferor, mortgagor 1. Reject the goods; or
or assignor, shall: 2. Accept the goods by paying-
a At least ten (10) days before the sale, transfer, or execution of a a The price at the contract rate if he knew that the seller is not going to
mortgage upon any stock of goods, wares, merchandise, provisions or
perform the contract in full; or
materials, in bulk, make a full detailed inventory thereof and to preserve
b. The fair value of the goods received if he has used or disposed of the
the same, and goods delivered before he knew that the seller is not going to perform
b. Notify every creditor whose name and address IS set forth in the his contract in full (CIVIL CODE, Art. 1522, par. 1)
verified statement at least (10) ten days before transferring possession
thereof, personally or by registered mail, of the price, terms and Q: What are the effects in case the seller delivers to the buyer a quantity of goods
conditions of the sale, transfer and mortgage or assignment (Act No,
greater than he contracted to sell?
3952 as amended, Section 5). ANS: Where the seller delivers to the buyer a quantity of goods larger than he
4 Bulk Transfers for Nominal Value — It shall be unlawful for any person, firm
contracted to sell, the buyer may:
or corporation, as oweesed.feany stock of goods, wares, merchandise, 1. Accept the goods in accorgVer with the contract and reject the rest; or
provisions or materials, ire: bulk, xto:Iranpfer title to the same without
2. Accept the whole of th o delivered and pay for them at the contract
consideration „et( foee a notnirral eoonsideilioe only (Act No 3952 as
rate (CIVIL CODE, A u. 2)
amended, Saotion,S), „ I
,
Q: What are the remedies of a ' . the ler delivers goods he
Q: What are the cofiseq,q.ehces,of-fats-e Statementkih eScheOule of creditors? contracted to sell mixed with,oifods n?
ANS: The consegifeneesf of 'false statements in the s edule of creditors are the ANS: Where the seller deliv'efs to the gUyirr the goods e c traded to sell mixed with
following , goods of a different deaription not inctectd in the contract, i buyer may accept the
1 If tbe buyer'has no knowledge of the false tateMeete. he will be protected
goods which are in accJ4arice
, with tlie eletract and reject4ttfe i-est. (CIVIL CODE Art
in thejAirkhase
. The re-rriebY 6f The 6te itor is, to- xasecute
., the seller
1522. par_ 3).
crilfirrally.i e
2 If the buyer knows of the false statements/the salaievatid only as between Note: In Art 1 pars. and 3, if th bject matteel is ihdivfsible, the buyer may
the, Vehdoi and yerid,e but veld as against the creditors. ' reject the whaI f the.. s The alike entioned rutes ar subject to any usage of
3. If tfke- ' crediterKOMils .:,e-rfiTri creditirlr,,s-Oho ere noteptified, the sale is
alt ok trade, special reereeri exerAcou'ese„of d ng be •.r . .IVIL CODE, Art
r 1522, par. 4).
vor to ch Oteditbrs
Note: But an inkocent tkurchaS'ee ferevalpe Jrcenettie origifial buy* is protected (DE
supT ., , Q: As a general ru , elive of the g to the carrier is delivery to the buyer.
LEON, Sales, at 62223), -' ," I
What are the exceptio0s to s rule?
\ ANS: The delivery of ii"'goods emed to be delivery of the
PERFORMANCE OF CONT goods to the buyer und fol g ins ances:
',,,., _‘, , .
Q: In the absence of anre(presy or implte *511pulat 1. \ i s to the place of delivery, 1. Where ther ttact of sale of specific goods, the seller may, by the
where should delivery take p1ageZ(UPR6 : \ terms of the reserve the right of possession or ownership in the
ANS: The delivery shall take place earecorcearin with the following hierarchy: goods until certain conditions have been fulfilled.
1. Usage of trade; 2. Where the goods are shipped, and by the bill of lading the goods are
2, Seller's Place of business; deliverable to the seller or his agent, or to the order of the seller or of his
3. Seller's Residence; or agent, the seller thereby reserves ownership in the goods;
4. In case of specific goods, which to the knowledge of the parties when the 3. Where the goods are shipped, and by the bill of lading the goods are
contract or the sale was made were in some Other place, then that place is deliverable to order of the buyer or of his agent, but possession of the bill of
the place of delivery (CIVIL CODE, Art. 1521, par 1) lading is retained by the seller or his agent, the seller thereby reserves a
right to the possession of the goods as against the buyer (CIVIL CODE, Art
Q: What is the effect where the goods at the time of sale are in the possession of 1503, pars:1-3); or
a third person? 4. A contrary intent appears (CIVIL CODE, Art. 1523).
ANS: Where the goods at the time of sale are in the possession of a third person, the
seller has not fulfilled his obligation to deliver to the buyer unless and until such third EXTINGUISHMENT
person acknowledges to the buyer that he holds the goods on the buyer's behalf (CIVIL
CODE, Art 1521, par, 3). Q: What are the causes for the extinguishment of the contract of sale?
ANS: A contract of sale is extinguished by.
Q: Who bears the expenses of putting the goods into a deliverable state? 1. The same causes as in other obligations (CIVIL CODE. Art. 1231)
ANS: Unless otherwise agreed, the expenses of and incidental to putting the goods 2 Those special causes of extinguishment recognized by the law on sales
into a deliverable state must be borne by the seller (CIVIL CODE, Art 1521. par 5) 3 Redemption- the two kinds of redemption are
CI> a. Conventional: and
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Q: What is the effect when the period of redemption has expired?

b Legal (DE LEON, Sales. supra at 485), ANS: When the period of redemption has expired, then ipso jure the right to redeem is
extinguished. However, even when the right to redeem has expired, and there has been
Q: What is conventional redemption? (PEONU) a previous suit on the nature of the contract, the seller may still exercise the right to
ANS: Conventional redemption is the right which the vendor reserves to himself, to repurchase within thirty (30) days from the time final judgment was rendered in a civil
reacquire the property sold provided he returns to the vendee; action on the basis that the contract was a true sale with right to repurchase (CIVIL
1. Price of the sale; CODE, Art. 1606).
2. Expenses of the contract;
3. Any Other legitimate payments made therefore; Q: When is the additional thirty (30) days for repurchase applicable?
4_ Necessary expenses made on the thing sold; and ANS: The additional 30 days for repurchase under Article 1606, par 3 of the Civil Code
5 Useful expenses made on the thing sold (CIVIL CODE. Arts 1601 and is applicable where the nature or character of the transaction, as to whether it is a pacto
1616). de retro sale or equitable mortgage, was put in issue before the court (Abilla v.
Gobonseng, G.R. No. 146651, August 6 2002) It is not applicable in case of an
Q: What are the distinctions between Right to Redeem and Option to Purchase? absolute sale.
ANS: The distinctions between the right to redeem and option to purchase are as
follows' Q: What should the vendor do in ordert2 exercise his right to repurchase? (PEN)
ANS: In order for the vendor to exec,. right to repurchase, he should return to the
RIGHT T0 1EEM . • P;11-0 4 . -:TS„PURCHASE
vendee:
Right to Redeem Option to Purchase 1. The Pnce of the sale,
2. The Expenses of the d otner legitimate expenses, and
As to the • rate . hatzie
tr74r-t rie Ily, it is a principal 3. The Necessary and us, fee de on tu hing sold (CIVIL CODE,
Nature — [pain contraCtof Con Art 1616)
As to the -s flot need Sits epara e , it must have a
co rat n separate and Q: Who may exercise, right to r ase?
Consideration cesidei iionJo eJo itaJ
dis rOrtj purchase price ANS: The following m fercise th. g to repurchase:
d effeCtive
1 The venclow r assign heirs (CIVIL ,C0b44rt. 1311); and
As to the anndt elcceedken: (10) years Ma yond ten (10) 2. The jdiIbrs o ‘ezvendor a after they ve1exh4usted the property of
fklaximum Period thz ndor ( L CODE,'Art. 0).
for Exercise Note: The v reg his n rider the Land
of Right • Registration Ac nfooe ag any pa g le from the vendee
a retro (Vda. De recho o 159571, July 15, 2005). The vendor shall
As to How. Therect 12 ')e ci j;;IiiTrient ay be xercised by notice respect the leases itch verfdee ay have executed in good faith, and in
Exercised of the moiktit„ ''re re.d.‘ b.) la of its e rcise to the offeror
accordance with the cu om the place land is situated (CIVIL CODE, Art
cludi , ntignrrient--ther if 1618).
of ay , t-cannotte ,
yfori The burii Q: in case of real prope at is the effect if the vendor failed to comply with
(DE LEON, Sales, supra at 48I-Tr
== the provision of Art. 16r ercising his right to repurchase?
ANS: In case of real property, the consolidation of ownership in the vendee by virtue of
Q: What is the period of redemption when no period of payment is agreed upon? the failure of the vendor to comply with the provisions of Article 1616 shall not be
ANS: The period of redemption shall last four (4) years from the date of the contract recorded in the Registry of Property without a judicial order, after the vendor has been
(CIVIL CODE, Art 1606) in the following cases, the four-year rule applies: duly heard (CIVIL CODE, Art. 1607).
1 When the vendor is entitled to repurchase "when he has established a
certain business" (Medal v. Francisco, G.R. No. L-27890, December 31, Q: What are the rules regarding the right of redemption over undivided immovable
1927); properties?
2. When the vendor is entitled to rescind "... from now on and until the ANS: The rules regarding the right of redemption over undivided immovable properties
repurchase has not as yet {been) done,." (Borten v. Ramos, G.R. No, L- are:
3433, July /6. 1951) 1. The vendee of a part of an undivided immovable who acquires the whole
thereof may compel the vendor to redeem the whole property, if the latter
Q: What is the period of redemption when there is a period of payment agreed wishes to make use of the right of redemption (CIVIL CODE. Art. 1611):
upon? 2. If several persons, jointly and in the same contract, should sell an undivided
ANS: The period of redemption cannot exceed ten (10) years (CIVIL CODE, Art, 1606). immovable with a right of repurchase, none of them may exercise this right
If it exceeds ten (10) years, the agreement is valid only for the first ten (10) years. When for more than his respective share (CIVIL CODE, Art. 1512),
a period of redemption is agreed upon by the parties in a sale a retro, although the 3. If the person who sold an immovable alone has left several heirs, each of
stipulation as to period may be unclear or void, It is the 10-year period and not the 4- the latter may only redeem the part which he may have acquired (CIVIL
year period that shall apply (Tayao v. Dulay, G.R No. L-21160, April 30, 1965). CODE, Art. 1612);
ID> 4.
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San 8ed1 Law•RGC, Ba, 'Operations Center

In case of #2 and #3. the vendee may demand of all the vendors of co-heirs
that they come to an agreement upon the repurchase of the whole thing
sold: and should they fail to do so. the vendee cannot be compelled to
consent to a partial redemption (CIVIL CODE. Art. 1613):
5. Each of the co-owners who may have sold his share separately, may
independently exercise the right of repurchase as regards his own share,
and the vendee cannot compel him to redeem the whole property (CIVIL
CODE, Art. 1614): and
6. If the vendee should leave several heirs, the action for redemption cannot
be brought against each of them except for his own share, whether the thing
be undivided, or it has been partitioned among them (CIVIL CODE, Art.
1615).
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<41:1
urban and is about to be re-sold, the owner of any adjoining land has a right of
pre-emption at a reasonable price. If the re-sale has been perfected,
the owner of the adjoining land shall have a right of redemption, also
at a reasonable price. When two (2) or more owners of adjoining lands
wish to exercise the nght of pre-emption or redemption, the owner
whose intended use of the land in question appears best justified shall
be preferred (CIVIL CODE, Art. 1622).
Redemption Redemption by a debtor should the credit or other incorporeal right in
by debtor litigation be sold by the creditor to a third person (CIVIL CODE, Art.
/634)

0: What is the right of legal redemption? (PDA) Q: What are the distinctions between Redemption and Pre-emption?
ANS: The right of legal redemption is the right to be subrogated, upon the same terms ANS: The distinctions between redemption and pre-emption are as follows.
and conditions stipulated in the contract...in.the,place of one who acquires a thing by PRE-EMPTION vs. REDEMPTION
Purchase, Dation in payment, Dr-Any other transactibrywhereby ownership is transferred
by onerous title (CIVIL COlie; Art
—t‘1619),. Pre-emption Redemption
AS to When Arises before s Arises after sale
0: What are the rules on emotion? the Right
ANS: The followin4"are4hert1p..on-lega1 re-demption: ••
- Arises
As among /Afiaittg(any oef the heirs sell hisherei itary fighes a stranger before As to.the No rescission because . There can scission of the original
cO•heirS the partition any or all of the co-heirs nay be sebirdgated to the rights
Right to no salts yet existsk 1 sale
b tIqi purchaserby reimbursing -him for the Price of the sale, provided Rescind
y ;do so Within the period of one Month frobi the time they were
no td in writing of-the sate by the vendor (CIVIL, CODE, Art. 1088)_ As to the . action here iS Directed agiiins the buyer
t Where the direc.e,d against,
As among A co-owner of thing-marexercise the right qf redemption in case the
Action is prospebtive seller
co-owners Ores of all the, other co owners or of any of ti-;em are sold to a third
Directed
I - sontk If the price of the alienation is grosstY excessive, the
edemptioner'shalt-ply only p reasonable one. ShoUld two or more co- . As to the te effect is to prevent 1 The effect of redemption is to extinguish
Owners desire to exercise the fight of redemption, they may only do so the birth or perfection di ' contract that has already been
Effect
in proportion to the sharp they may respectiy6ly have in the thing a contract. or even consummated,
owned in cijrnmO'n-(CIV,IL. q0DE, Art:•1620),The right of redemption of •
(5 PARRS. Civil Code (2015) 293 [hereinafter • - ‘t:r-VIvil Code])
co owners• excludes
, _ 's (CIVIL CODE, Art
that of,adjoining .owners A 1623,
par. 2).
Q: Within what period must -the right of pre-emption or redemption regulated by
As among A co-owner of a thing may exercise the right of redemption in case the Articles 1620 to 1622 be exercised?
adjoining shares of all the other co-owners or of any of them are sold to a third ANS: The right must be exercised within 30 days from the notice in writing by the
owners of person. If the price of the alienation is grossly excessive, the prospective vendor, or by the vendor, as the case may be (CIVIL CODE. Art. 1623).
rural land redemptioner shall pay only a reasonable one. Should two or more co-
owners desire to exercise the right of redemption, they may only do so Q: What is an equitable mortgage?
in proportion to the share they may respectively have in the thing ANS: An equitable mortgage is one which, although tacking in some formality, or form
owned in common (CIVIL CODE, Art 1620). The right of redemption or words, or other requisites demanded by a statute, nevertheless reveals the intention
of co-owners excludes that of adjoining owners (CIVIL CODE, Art. of the parties to charge real property as security for a debt, and contains nothing
1623, par. 2). impossible or contrary to law (Matanguihan v. Court of Appeals, G.R. No. 115033, July
11, 1997).
Note However, a co-owner may exercise the right of redemption only
when part of the community property is sold to a stranger. When the
Q: When is a contract of sale with right of repurchase deemed as an equitable
portion is sold to another co-owner, the right does not arise because a mortgage? (UPERTOD)
new participant is not added to the co-ownership (Fernandez v. ANS: The contract shall be presumed to be an equitable mortgage, in any of the
Spouses Teruo, G.R. No. 143868, November 14, 2002)
following cases:
As among Whenever a piece of urban land which is so small and so situated that 1 When the price of a sale with right to repurchase is Unusually inadequate
adjoining a major portion thereof cannot be used for any practical purpose (CIVIL CODE, Art. 1602, par. 1; Cachola v. Court of Appeals, G.R. No
owners of within a reasonable time, having been bought merely for speculation. 97822, May 7, 1992);
 2.
CIVIL LAW a
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When the vendor remains in Possession as lessee or otherwise (CIVIL

I BEpAR1,3ED BOOK
CODE, Art. 1602, par. 2: Capulong v. Court of Appeals, G.R. No. L-61337,
June 29, 1984);
3. When upon or after the expiration of the right to repurchase another
instrument Extending the period of redemption or granting a new period is
executed (CIVIL CODE, Art_ 1602, par. 3; Lacorte v. Court of Appeals, G.R.
No. 124574, February 2, 1998);
4. When the purchaser Retains for himself a part of the purchase price (CIVIL
CODE, Art. 1602. par. 4: Camus v. Court of Appeals, G.R. No. 102314, May
26, 1993);
5. When the vendor binds himself to pay the Taxes on the thing sold (CIVIL
CODE, Art. 1602, par. 5: Lumayag v Heirs of Nemeno, G.R No. 162112,
July 3, 2007): or
6. In any Other case where it may be fairly inferred that the real intention of the
parties is that the transaction shall secure the payment of a debt or the
performance of any other abligatianZIV/L CODE. Art. 1602, par. 6); or
7. In case of Doubt., aiediitractitpurpoiting-Itaibe a sale with right to repurchase
shall be construed as'an eqiittable t;ortgage:1C/VIL CODE. Art. 1603).
Note: The provisions of AMcie 1602-sh-e1lbls-o-apnly tp.a cCirktract purporting to be an
absolute sale (CIVIll'O,ODE:7Ael6041.,Ilie,plesente,„,s
. of arty afithe circumstances set
forth in Article 160sutii4g for-a-Contract to 66- cieerned..an,,e4Uitable mortgage. No
concurrence or aivogerwhelming nu-mber is needed '.(Sribpses--'Sillitarios v. Spouses
Jaque, G.R No_11998'52: November 12, 2014)
Volume
<CI
the trust is not necessary to its existence and validity (DE LEON. Partnership, supra at
648).
Q: What is the essence of an acceptance by the beneficiary?
ANS: Acceptance by the beneficiary is necessary. Nevertheless, if the trust imposes no
onerous condition upon the beneficiary, his acceptance shall be presumed, if there is no
proof to the contrary (CIVIL CODE, Art. 1446).
Q: May !aches and prescription constitute a bar to enforce an express trust?
ANS: A trustee, whether in an express or implied trust, cannot acquire by prescription
ownership over property entrusted to him until and unless he repudiates the trust (Vda.
De Esconde v. Court of Appeals, G.R. No. 103635, February 1, 1996). The repudiation
constitutes a breach of contract which gives the trustor and/or the beneficiary a cause of
action (CIVIL CODE, Art. 1170).
Q: What are the elements of an express trust? (CoRB-DA)
ANS: The elements of an express trust are as follows:
1. Competent trustor and truStee-; -
2. Ascertainable trust Res;
3. Sufficiently certain BertefiCKie,S;
4 A present and complete DiSpbeitipftoti.he trust erty: and
5. Establishment of some poW-er04driiiifisXalt her than a mere duty to
perform a contract stated With reasonable certainty (Rizal Surety &
Insurance >Co. v Court of,.Appeals, G.R. No 012360, July 18. 2000;
Goyanko v4 Kea, G R No 1P096, February 6, 2013) -

Q: What is a irtisel Q: (ETnHuEm.m

era
Ap te,RA
them
rilpOttifextinguishrilent of an expiess trust
ANS: Trust she e l relationhio between one person having' , an eq)jitable ownership
in property and afth'er perSOu\owning the legal title to such'(rO:Perty, the equitable ANS: The mod6S-oteitinguishmen,t are
ownership of thff fort
m entitlin iim tothe peridttancekf certOin duties and the 1. Tolai loss of,t1)'4
. biect' the t
exercise of certa1 poweits by the latter'''(Heirspfira
' "on v/Heirs otLebanon. G.R. No. 2. Happen' g of4hreso1ut
160711. August 1 2004)\ ' • .„1 - -,, 3. Expiratice reed erm;
,f?
4. Mutual Oreemen f all the p
Q: What are the kinds,of tfti?t)?: -..... -- ,,,„. _ 5. Annulment 4 cIssion of th
ANS: Trusts are eitheriaxpresS'Or irriPlied- ' 6 Decision oft cou ted:
1, Express trusts are,Created bylhe intentidn fitie trustor or the parties. 7. Death or lee incaea6ity of the trustee when the trustor intended no other
2. Implied trusts comeihto.hete0Cpperaten of law (CIVIL CODE, Att. 1441). person to adrnitgithe trust (Caezo v Rojas, G.R. No. 148788, November
23, 2007);
Q: How are express trusts created? 8. Revocation by the trustor, if such power is reserved;
ANS: No particular words are required for the creation of an express trust, it being 9. Accomplishment of the purpose of the trust:
sufficient that a trust is clearly intended (CIVIL CODE, Art. 1444) 10. Merger of the rights of the trustor and the trustee, when the trustor waived
his beneficial rights in favor of the trustee, or vice versa; and
Q: How can the existence of a trust be proved? 11. Prescription.
ANS: No express trusts concerning an immovable or any interest therein may be
proved by parol evidence (CIVIL CODE, Att. 1443). An express trust over personal 0: What is an "implied trust"?
property or any interest therein may be proved by oral evidence (DE LEON, Comments ANS: Implied trusts — also called "trusts by operation of law," "indirect trusts" and
and Cases on Partnership, Agency and Trusts (2014), 643 (hereinafter, DE LEON, "involuntary trusts" — arise by legal implication based on the presumed intention of the
Partnership') parties or on equitable principles independent of the particular intention of the parties.
They are those which, without being expressed, are deducible from the nature of the
Q: What is the essence of an acceptance by the trustee? transaction as matters of intent or, independently of the particular intention of the
ANS: No trust shall fail because the trustee appointed declines the designation, unless parties, as being inferred from the transaction by operation of law basically by reason of
the contrary should appear in the instrument constituting the trust (CIVIL CODE, Art_ equity (Estate of Cabacungan v. Laigo, G.R. No. 175073, August 15. 2011).
1445). In the case of an express trust, the acceptance of the trust by the trustee is
necessary only to charge him with the office of the trustee; however, his acceptance of
 CIVIL LAW 1
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Q: What are the kinds of implied trusts and its instances? Q: What is the period for prescription of an action for reconveyance of real
ANS: Implied trusts are ordinarily subdivided into. property based on an implied trust?
1 Resulting trust - it is a trust raised by implication of law and presumed ANS: The following are the rules on prescription and !aches in an action to recover the
always to have been contemplated by the parties the intention as to which property held in trust:
is to be found in the nature of the transaction but not expressed in deed or
instrument of conveyance (DE LEON. Partnership. supra at 651). Specific Ground Prescriptive Period
examples of resulting trusts may be found in the Civil Code, particularly
Articles 1448. 1449, 1451, 1452 and 1453. if the action for The period of prescription is four (4) years from the
a_ Purchase money resulting trust (CIVIL CODE, Art. 1448); reconveyance involves the discovery of fraud.
b. Donation made to a person but the latter has no beneficial interest or annulment of a voidable Reason: The action for annulment of voidable
only a part thereof (CIVIL CODE. Art, 1449): contract (Article 1390) which
contract shall be brought within four years (CIVIL
c. Legal title to land inherited by heir placed in the name of another (CIVIL became the basis for CODE. Art 1391).
CODE, Art. 1451); fraudulent registration of the
d. Legal title to property purchased taken in one co-owner (CIVIL CODE, subject property
Art. 1452): and If the action does not The period of prescription is ten (10) years from the
e. Conveyance under apromise to hold for, or transfer to another (CIVIL involve an annulment of a time the: use of action accrues.
CODE, Art. 1453r
contract, but there was fraud action based upon an obligation by law
2, Constructive trust (frost de son tort). -ista Oust not created by any words, in the registration of the
either exprpssk, unpfiedly-eviw.4!,etlirept intention to create a trust but I, ught within ten (10) years from the time
subject property action accrues (CIVIL CODE, Article
by the Coristrucori,,ofequity in orderbspiisfy theNemands of justice and
preventurifust!rlichment:' (0E- tEON,,...PattnershioNsupra at 651). They
arise ttrarYito infention against one w o, fraud, duress or abuse of
If the action involves the The' aetiOn is impr
con endef'obtai4 or holds thiaclegal right to pr ,erty which he ought not, in
declaration of the nullity or
eq
A
an goodt conscience, to, hold. Constructive trusts are found in
0. 144:-121.55 arTd-145.6 (Este* of CabScyngan v. Laigo, G.R.
, August 15, 2011):
inexistence of a void or
inexistent contract which
Rea*IThe action or de
the itinekistence of a7
, Cf(IIL CQt3E, Art 1410)
se for the declaration of
does not prescribe
became the basis of
P relliase with borrOwed--money and /the cor+eyence is made to the
fraudulent registration of the
if to SeCtirethe payment of the lebt7(C/V/L CO6E, Art. 1450):
vte '-,17$3.kveya-noe of -p-rotiery , to a ipenson to secure the subject property
p orrvance-digrantor's obligatiop (cm CODE, Arf. 1454); If the plaintiff or the person , ct <4 is impres t, the action for
C. urchake of "property, with Lise,tfilstjundsi and causes conveyance to enforcing the trust Is in recenvempce is an action to quiet the property title,
IN made tp. hirri-or to a lnitct.perScin,(CIVII/CODE,ittrt. 1455); and actual possession of the which dries not prescribe
d. AdquisitionNif property throligfi.'mist3tte or frayd (CIVIL CODE, Att. property
1458),, _• - Reason 4 %rtAmtio is in actual possession of the
• • wner may wait until his
Q: May !aches constituta'a,bar.trii enforcalaNn)pliadireat? session is disturbed or his title is attacked before
ANS: Laches constitutes a '' r-triaction to ergoradfhe trust, and repudiation is not taking steps to vindicate his right. His undisturbed
required unless there is a concealment ortlie- facts giving rise to the trust (Fabian v possession gives him a continuing right to seek the
Fabian, G.R. No. L-20449, January 29. 1968). aid of a court of equity to ascertain and determine the
nature of the adverse claim of a third party and its
Q: When will prescription constitute a bar to enforce an implied trust? (UPE) effect on his own title, which right can be claimed
ANS: The following requisites are required in implied resulting trust before the period of only by one who is in possession (Gabutan V.
prescription may start: Nacalaban. G.R. Nos. 185857, June 29, 2016).
1. The trustee has performed Unequivocal acts of repudiation amounting to (JURADO, Civil Law Reviewer. supra 923).
ouster of the beneficiary;
2. Such Positive acts of repudiation have been made known to the beneficiary; 4,3
3. Evidence thereon is clear and positive (tide. De Cabrera v. Court of
Appeals, G.R. No. 108547, February 3, 1997)_ Q: What is a "contract of agency"?
ANS: By the contract of agency a person binds himself to render some service or to do
Q: Is there a need to repudiate a constructive trust for prescription to run? something in representation or on behalf of another, with the consent or authority of the
ANS: No, In constructive implied trust, prescription may supervene even if the trustee latter (CIVIL CODE, Art. 1868).
does not repudiate the relationship. Necessarily, repudiation of the said trust is not a
condition precedent to the running of the prescriptive period (Vda, de Esconde v. Court Q: What are the essential elements of agency? (CORW)
of Appeals, G R No. 103635, February 1, 1996) ANS: The essential elements of agency are:
1.. There is Consent, express or implied, of the parties to establish the
relationship of agency:
 CIVIL LAW
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2. The Object is the execution of a juridical act in relation to a third person; 12. To Create or convey real rights over immovable property,
3. The agent acts as a Representative and not for himself; and 13. To accept or repudiate an inheritance;
4. The agent acts Within the scope of his authority (Ratios v. Felix Go Chan & 14. To Ratify or recognize obligations contracted before the agency;
Sons, G.R. No, L-24332, January 31, /978) 15. Any Other act of strict dominion (CIVIL CODE, Art 1878).

0: When is the acceptance of the agency implied between persons who are 0: Suppose that an agent holds a special power to enter into a compromise. Is he
present? also empowered by implication to submit to arbitration?
ANS: Between persons who are present, the acceptance of the agency may also be ANS: No. A special power to compromise does not authorize submission to arbitration
implied if the principal delivers his power of attorney to the agent and the latter receives (CIVIL CODE, Art. 1880).
it without any objection (CIVIL CODE, Art. 1871).
0: What is the doctrine of agency by necessity? ,(ERICA)
Q: What are the rules to be followed when there Is the acceptance of the agency ANS: Strictly speaking, an agency can never be created by necessity. What is meant
between persons who are absent? by the phrase 'agency by necessity" is that by virtue of the existence of an emergency,
ANS: As a general rule, between persons who are absent, the acceptance of the the authority of an agent is correspondingly enlarged in order to cope with the
agency cannot be implied from the silence of the agent. However, the exceptions are: exigencies or the necessities of the moment. The five (5) conditions laid down for
1. When the principal transmits his power of attorney to the agent, who authority of agency by necessity are:
receives it without e,p.y4ob- or, 1. The real existence of an ncy;
2. When the principal entrusts io him tyifett,ehot telegram a power of attorney 2. The adoption of fairly e means, premises duly considered
with respect .4 the, bbitness'irywhicWhe,fis a tt lly engaged as an agent, 3. Inability of the agent kim' ate with the principal,
and he dido'hot'reply ,toikdre'fetter or feleiv:,(CIV ODE, Art 1872). 4. The Ceasing of the' ,a14,.' he moment the emergency no longer
demands the same; and "
Q: Distinguish general ; f9dnordicd special agency. .
5. Exercise of the additionetiA rotth -ncipal's own protection
ANS: General apericti ers to that :type Of agency wkch all of the business
(PINEDA, Pa4t.
rtn,a- hip AgIncp„ & Trust i 05 [hereinafter PINEDA,
of the principal,„whereas special agency refers to that type af'ageny which comprises
Partnershipi)r
one or more specific„trinsactions,.(,CLWL.COnF, Art 4.876). -
t ; Q: Distinguish a ge I a.g#ntand a s ial agent. ,
Distinguisn agency couched in general terms frclin general art special agency.
ANS: Whether- eerfer,a1 (which comprises all of the business ot cipal) or special ANS: General a r s are dis i7r uished as fehowi
(which compriSes'brie or more specific transactions)-, the ag ncy py be couched in GENERAL AGEN4s. SPECIAL AGENT
general terms. In, *case; the ,agency merely authorizes th to perform acts of
General Agent Special Agent
administration ('CIVIL CODE, Art. 1,877). Otinsequently, a general agency may or may
not be couched in, gener4a1 terms; but an agencycouched inAeneraltrms may be either Scope of t;do acts Authorized to do only one or more
a general agencyNf it comprises all cittne.buSiness of theA5rincipal1or a special agency, Authority connected with the busi ss in specific acts in pursuance of
if it comprises on14ne or More specifiC-transactions4NRADG; Civil Law Reviewer, which 4L aged. ' tar instructions or with
supra at 1141). „e s necessarily implied from
the act to be done.
Q: When is the special power of attorney h sa ECWEM-L2-B2OCARO)
ANS: The special power of atforneyzenethessW,i e following cases: Continuity Conducf p series of Usually involves a single transaction
1. To make such Payments- 5s are not usually considered as acts of transactions involving a or a series of transactions not
administration; continuity of service. involving continuity of service.
2, To Effect novation which put an end to obligations already in existence at
the time the agency was constituted; Extent to Binds his principal by an act Cannot bind his principal in a
3. To Compromise, to submit questions to arbitration, to renounce the right to which Agent within the scope of his authority manner beyond or outside the
appeal from a judgment, to waive objections to the venue of an action or to may bind although it may be contrary to specific acts which he is authorized
abandon a prescription already acquired; Principal his special instructions. to perform.
4. To Waive any obligation gratuitously;
5. To Enter into any contract by which the ownership of an immovable is Termination Apparent authority does not Termination effective as to 3`1party
transmitted or acquired either gratuitously or for a valuable consideration; of Authority terminate by mere revocation of unless agency was for the purpose
6. To Make gifts, except customary ones for charity or those made to authority without notice to 3`d of contracting with that 3`5 party.
employees in the business managed by the agent; parties
7. To Loan or borrow money, unless the latter act be urgent and indispensable
Construction Statement of principal with Authority of the agent must be
for the preservation of the things which are under administration;
of respect to the agent's authority strictly construed
8. To Lease any real property to another person for more than one year,
Instruction would ordinarily be •regarded as
9. To Bind the principal to render some service without compensation;
of Principal advisory only.
10, To Bind the principal in a contract of partnership;
11. To Obligate the principal as a guarantor or surety: WE LEON, Partnership, supra at 409).
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Q: When is there an agent by estoppel? 6. To act in accordance with the Instructions of the principal in the execution of
ANS: If a person specially informs another or states by public advertisement that he the agency. In default thereof, to do all that a good father of a family would
has given a power of attorney to a third person, the latter thereby becomes a duly do, as required by the nature of the business (CIVIL CODE, Art. 1887):
authorized agent, in the former case with respect to the person who received the special 7. Not carry out an agency if its execution would manifestly result in loss or
information, and in the latter case with regard to any person The power shall continue damage to the principal (CIVIL CODE, Aft 1888).
to be in full force until the notice is rescinded in the same manner in which it was given 8. To be liable for damages if, there being a Conflict between his interests and
(CIVIL CODE, Art 1873), those of the principal, he should prefer his own (CIVIL CODE, Art. 1889)
Note: One who clothes another with apparent authority as his agent, and holds him out 9. If he has been authorized to Lend money at interest, he cannot borrow it
to the public as such, cannot be permitted to deny the authority of such person to act as without the consent of the principal (CIVIL CODE, Art. 1890);
10. To render an Account of his transactions and to deliver to the principal
his agent to the prejudice of innocent third parties dealing with such person in good faith
and in the honest belief that he is what he appears to be (Cuison v. Court of Appeals. whatever he may have received by virtue of the agency, even though it may
G.R. No. 88539. October 26, 1993). not be owing to the principal (CIVIL CODE, Art. 1891);
11. To be Responsible for interest on the sums he has applied to his own use
Q: What is the liability in agency by estoppel? from the day on which he did so. and on those which he still owes after the
ANS: In agency by estoppel, there Is really no agency at all, but the alleged agent extinguishment of the agency; and
seemed to have apparent or ostensible; although no real authority to represent another. 12. To be Responsible not only f raid. but also for negligence, which shall be
The liabilities are as judged with more or I - -;;-•.. • • by the courts, according to whether the
1. Estoppel of A-agent - 0,ne pk)fessing to,' act as agent for another may be agency was or was no •pensation (CIVIL CODE, Art. 1909).
estopped ,t;rfciev his agencyibth'asAgainst his agserted principal and the
third pe5toriS inter,ested in the transactioNri whith hie is engaged
Q: When may an agent appoint ala or substitute?
ANS: The agent may appoint a substitu*, if the principal has not
2 Estop Lott,' ci - _
prohibited him from doing so, bu e acts of the substitute:
a agent one Who know's that another is•actin9 as his agent and
1. When he was90151ven the'po'er to appo agent, or
trepuPate his acts', or accept the beriefiti of them, will be
2. When he Viven such , but without desof ting the person, and the
eau ed to deny the agencyas against such ther.
person ap „ixi,t was rip sly incompetent/at solvent (CIVIL CODE,
b. ,Artolsub-adent - to estop the principal from denying his liability to a
Art. 1892) it-
thiTh Person, be Must have known or be charg'oci with knowledge of the
. f 4f the ..trpsmission and the terms of the/a6reen"ent between the Q: What are "j agents4 .
agbn and sublageat;..and - - -;„
ANS: Joint ts ar j,ose ,appoint by one r rn°11 s under such
c to - One who isr(cliks:thainiSther is acting as his circumstance tol fUce e infer° ce at it was I. - nt that all should
pernifted,another to app6a4as his égent, to the injury of third act in conjunctionln coi ji iatin lie tra Iaction for Wh1CW were appointed (DE
ho have,dealt With.ile'ar:Oareny)gent ai such in good faith LEON, Partnershirl* 5-486)
a)\d in th reasOnable/prudrce. is ?Stopped to deny the
,
agancy. 'N„ ' . Q: What is the liability f agents -FA;
3 Estoppel bf Third,-4rsonS - A third ,pel,- son; havjtig dealt with one as an ANS: The responsibi join _n "g &they have been appointed
agent may 1544stopped to deny, the agegcy-as4gainst the principal, agent simultaneously, is not sbidary, Ifito !clarity has not been expressly stipulated. If solidarity
or third personelkinte,rest. has been agreed upor0eac.h the agents is responsible for the non-fulfillment of the
4. Estoppel of the ocilemment •-•* The.govelnment is neither estopped by the agency, and for the fault ligence of his fellow agents, except in the latter case
mistake or error on the part of its agents (Pineda v. CFI of Tayabas, G.R. when the fellow agents acted beyond the scope of their authority (CIVIL CODE, Arts.
No. L-30921, February 16. 1929). But it may be estopped through 1894-1895).
affirmative acts of its officers acting within the scope of their authority
(Bachrach v. Unson, G.R. No. 25853, December 31, 1926). Q: What is the rule on an agent's personal liability to the party with whom he
contracts?
Q: Enumerate the obligations of an Agent to the Principal. (CaDBOA-INCoLAR2) ANS: The agent who acts as such is not personally liable to the party with whom he
ANS: The following are the obligations of the agent contracts, unless:
1. To Cany out the agency which he has accepted (CIVIL CODE, Art. 1884); 1. He expressly binds himself: or
2. To be liable for Damages which, through his non-performance, the principal 2. He exceeds the limits of his authority without giving such party sufficient
may suffer (CIVIL CODE, Art. 1884); notice of his powers (CIVIL CODE, Art. 1897).
3. To finish the Business already begun on the death of the principal, should
delay entail any danger (CIVIL CODE, Art, 1884); Q: What is the effect if the agent contracting in the name of the principal exceeds
4. In case he dedines an agency, to Observe the diligence of a good father of his authority?
a family in the custody and preservation of the goods forwarded to him by ANS: If the agent contracts in the name of the principal, exceeding the scope of his
the owner until the latter should appoint an agent (CIVIL CODE, Art. 1885); authority, and the principal does not ratify the contract, it shall be void if the party with
5. To Advance the necessary funds should there be a stipulation to do so, whom the agent contracted is aware of the limits of the powers granted by the principal
except when the principal is insolvent (CIVIL CODE, Art, 1886); In this case, however, the agent is liable if he undertook to secure the principal's
ratification (CIVIL CODE, Art. 1898).
 CIVIL LAW 1
San Bede Law- RGCT Ba, Operaeons Center No

Q: What is the effect of an act of an agent as to third persons?

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2.
<4111
To be Responsible for the goods received by him in the terms and
ANS. So far as third persons are concerned, an act is deemed to have been performed conditions and as described in the consignment, unless upon receiving them
within the scope of the agent's authority, if such act is within the terms of the power of he should make a written statement of the damage and deterioration
attorney, as written, even if the agent has in fact exceeded the limits of his authority suffered by the same (CIVIL CODE, Art. 1903):
according to an understanding between the principal and the agent (CIVIL CODE, Art. 3. If he is authorized to sell on credit, to .Inform the principal, with a statement
1900) of the names of the buyers, Should he fail to do so the sale shall be
deemed to have been made for cash insofar as the principal is concerned_
Q: Who is a "commission agent"? (CIVIL CODE, Art. 1906);
ANS: A commission agent is a person whose business is to receive and sell goods 4. To Bear the risk of collection and pay the principal the proceeds of the sale
entrusted to him by the principal for a commission and is usually selling in his own name on the same terms agreed upon with the purchaser, if he should receive on
(PINEDA, Partnership, supra at 351). a sale, in addition to the ordinary commission, a guarantee commission
(CIVIL CODE, Art. 1907);
Q: Who is a "broker"? 5. To Not to sell on credit, without the express or implied consent of the
ANS: A broker is one who is engaged for others on a commission; a negotiator principal. Should he do so, the principal may demand from him payment in
between the parties, never acting in his own name but in the name of those who case, but the commission agent shall be entitled to any interest or benefit,
employed him. He is merely an interniediar een the purchaser and the vendor (DE which may result from such s (CIVIL CODE, Art 1905):
LEON, Partnership, supra at 4,60). 6. To be liable for Damages, - oes not collect credits of his principal at the
\ r time when they beco unless he proves that he exercised due
- bretWeer..a-Coimniiisicr,Age,et, Ordinary Agent and
Q: What are the differen051 diligence for that pun ODE, Art. 1908).
Broker?
ANS: The differe 0: Who is a "real estate broker"7
- ANS: A real estate broker is uly I
CO Gi • AGENT Vs. ORDINARY AT,...ENTY ROKER atural person who, for a
professional fee, commis able consisera acts as an agent of a
Commission Ordinary Broker party in a real estat r, advertise, sol list, promote, mediate,
Agent Agent negotiate or effect the on the sale, pu host exchange, mortgage,
lease or joint venture ctions on rea state or any interest therein
As to eeds to h‘aie NO need Non ave possession
(R.A. No. 9646 I Estate Se e Act .rA the Philippines, Sec.
Possession possessinn of the have f "-hecau he maintains no
3 (g)(4)).
of Goods gbod possession ielati the thing he
(OE. LE purc ses.. r sells. He is
Q: Who are Okempte nstituh of real estate
Pa nershe\ Partners suprosed t be merely a go-
service?
sup at 5f).. -619y
4 b een, on intermediary
ANS: The followin ot tituting real estate service-
„between he seller and the
1. Any person, natuj or juridica II directly perform by himself/herself
buyer. s such, he does not
the acts me tJe0flC in Sectio with reference to his/her or
....
ither the custody or the
its own pro tty, excAiya
ession of the thing that
2. Any receive- rustefor assignee in bankruptcy or insolvency proceedings,
"he disposes of. His only
3. Any person a rsuant to the order of any court of justice:
function is, therefore, to bring
4. Any person wha s a duly constituted attorney-in-fact for purposes of sale,
the parties to the transaction
mortgage, lease or exchange, or other similar contracts of real estate,
(Pacific Commercial Co. Y,
without requiring any form of compensation or remuneration; and
Yatco, GR No. L-45976, July
5. Public officers in the performance of their official duties and functions,
20, 1939).
except government assessors and appraisers (RA. No. 9646, Sec. 28).
As to He may act in his Transacts in No relation whatsoever with
Representation own name or in the name of the thing he sells or Q: Enumerate the obligations of a principal. (CARIP)
the name of the the principal purchases (DE LEON, ANS: The primary obligations of the principal to the agent in the absence of such
principal Partnership, supra at 519). agreement are:
1. To Comply with all the obligations which the agent may have contracted in
his name and within the scope of his authority (CIVIL CODE, Art. 1910);
Q: What are the obligations of a commission agent? (CRIB-ND) 2. To Advance, should the agent so request, sums necessary for the execution
ANS: The obligations of a commission agent are the following of the agency (CIVIL CODE, Art. 1912, per 1);
1. If he handles goods of the same kind and mark belonging to different 3. To Reimburse the agent for all advances made by him, provided the agent
owners. to distinguish them by Countermarks, and designate the is free from fault (CIVIL CODE, Art. 1912, par 2);
merchandise respectively belonging to each principal (CIVIL CODE, Art. 4 To Indemnify the agent for all the damages which the execution of the
1904); agency may have caused the latter without fault or negligence on his part
(CIVIL CODE, Art /9/3); and
 CIVIL LAW I
San Beds Law-RGCT Bar Operations Center
5. To Pay the agent the compensation agreed upon or the reasonable value of
the latters services (CIVIL CODE, Art. 1913: DE LEON, Partnership, supra
at 530).
Q: What are the rules to be followed when an agent exceeds his authority or
effects a contract outside the scope of his authority?
ANS: As for the obligation wherein the agent has exceeded his power, the principal is
not bound thereby (CIVIL CODE, Art. 1910), A contract entered into in the name of
another by one who has no authority of legal representation or who has acted beyond
his powers shall be unenforceable (CIVIL CODE, Art. 1317). However, this rule is
subject to the following exceptions, i.e. the principal is still bound:
1. When the principal ratifies the contract expressly and tacitly (CIVIL CODE,
Art 1910)
2. When the principal allowed the purported agent to act as if he had full
powers. (CIVIL CODE, Art. 1911)
3. When the principal hasJ:eapked.ttad,agency but the third party has acted in
good faith without,nott6e of revocationICIA4 CODE, Art. 1931).
Q: Differentiate apparen4uthOrparioNauutoiltyitoy estoppel.
Itt
ANS: The difference?betvkeya parent authoMf,..aricti g i y by estoppel are as
follows;
APPAIIENir AUTHORITY vs. AUTHOR I- 3,Y4TOPPEL
Apparent Authority Authority by Estoppel
As to That 'which though not I Where the ) prina his culpable
definition actually granted the , negligence permits is , aqnt to exercise
principal
, - - knowingly I power not gtanted 14 him,l ven though the
permits '. the .agent to principal has no notice. dr.. lhowtedge of the
exercise 'or hold him out I conduct of the agent! -
asp-
-.
As to Founded on,,. conscibbs ;13aS'ed>ibh negli ence of .he principal in failing
basis permission of acts, beyond I.tprdee:rty.-to p,ervise/tie affairs of agent,
the powers grantee' ' s —allay-VI to .6x.erpse powers not granted
716 im a‘ed's‘o04tifies others in believing he
ikoSsidsWttt ...requisite authority.
-,.. i..
(DE LEON, Partnership, supra at 5611r-'569).-----m-
Q: When can an agent retain a property that is the object of the agency?
ANS: The agent may retain in pledge die things which are the object of the agency
until the principal effects the reimbursement and pays the indemnity set forth in Article
1912 and Article 1913 (CIVIL CODE. Art. 1914).
Q: What is the rule when two persons respectively contract with the agent and the
principal with regard to the same thing?
ANS: When two persons contract with regard to the same thing, one of them with the
agent and the other with the principal, and the two contracts are incompatible with each
other, that of prior date shall be preferred, without prejudice to the provisions of Article
1544 (CIVIL CODE, Art. 1916).
Q: In such a case wherein two persons contract with regard to the same thing,
what are the respective liabilities of the principal and the agent with whom they
contracted?
ANS: In the case referred to in Article 1916, if the agent has acted in good faith, the
principal shall be liable for damages to the third person whose contract must be
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rejected. If the agent acted in bad faith, he alone shall be responsible (CIVIL CODE, Art.
1917).
C): When is the principal not liable for expenses incurred by the agent? ICF-KS)
ANS: As a general rule, the principal is ordinarily liable for the expenses incurred by
the agent (CIVIL CODE, Art. 1912). In the following instances, the principal is not liable
for the expenses incurred by the agent:
1. If the agent acted in Contravention of the principal's instructions, unless the
latter should wish to avail himself of the benefits derived from the contract;
2. When the expenses were due to the 'Fault of the agent;
3. When the agent incurred them with Knowledge that an unfavorable result
would ensue, if the principal was not aware thereof; and
4, When it was Stipulated that the expenses would be borne by the agent, or
that the latter would be allowed only a certain sum (CIVIL CODE, Art. 1918),
Q: How is a contract of agency extingt ed? (EDWARD)
ANS: The modes of extinguishment are" follows;
1. By its Revocation,
2. By the Withdrawal of the-
3. By the Death, civil inteactio sanity or insolvency of the principal or of
the agent; ,•,
4_ By the Dissolution of the firm' ntrusted or accepted the
agency: .
5. By the Accomplishment of bject or purposep the agency; and
6 By the Expiration of the patio r which the agency' was constituted (CIVIL
CODE, Art, 19/9)
Q: May the principal revoke the agency at will? (C-BFA-W9R)
ANS: The principal may revoke the agency at will,,#.02:RIOvebyt-i feason since an
agency relationship is voluntary (CIVIL CODE Art 1920).i&,,,jt. --
Exceptions: The agency cannot be revoked at the principal% will in the following
instances:
1. When it is Coupled with an interest (interest possessed by the agent in the
subject matter of the power),
2 In the cases Mentioned in ArticW1927
a. When a,Briaterai Contract depends on the agency;
b. When the agency is the means of Fulfilling an obligation already
contracted, Cr
c. In the case of a partner Appointed manager in the contract of
partnership and his removal from the management is unjustifiable;
3. When there has been a Waiver by the principal (New Manila Lumber Co v
Republic, G.R. No. L-14248, April 28, 1960);
4. When the principal is Obliged not to revoke; or
5. When the Revocation is done in bad faith. In this case, the principal may still
revoke, but innocent third parties should not be prejudiced Moreover, the
innocent agent can be entitled to damages (Infante v. Cunanan, 93 Phil,
691; Danon v. Antonio Brimo & Ca, 42 Phil. 133, Reyes v. Mosqueda, 53
0.G. 2158 as cited in 5 PARAS, Civil Code, Supra at 866-867)
Q.: What is meant by an agency coupled with an interest?
ANS: An agency coupled with an interest refers to an agency wherein the agent has
acquired some interest of his own in the execution of the authority granted to him, in
addition to his mere interest in the contract of employment with the resulting gains
(JURADO, Civil Law Reviewer, supra at 1086).
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Q: How must third persons be notified of the revocation of the agency for such Q: Under what circumstances may a proceeding in a civil action be suspended?
revocation to be effective as to them? ANS: Every civil action or proceeding shall be suspended:
ANS: They must be notified as follows 1. If willingness to discuss a possible compromise is expressed by one or both
1. If the agency has been entrusted for the purpose of contracting with parties, or
specified persons, its revocation shall not prejudice the latter if they were not 2. If it appears that one of the parties, before the commencement of the action
given notice thereof (CIVIL CODE, Art. 1921); and or proceeding, offered to discuss a possible compromise but the other party
2. If the agent had general powers, revocation of the agency does not refused the offer (CIVIL CODE, Art 2030).
prejudice third persons who acted in good faith and without knowledge of
the revocation Notice of the revocation in a newspaper of general Q: When is the court's approval necessary in compromise?
circulation is a sufficient warning to third persons (CIVIL CODE, Art. 1922). ANS: The court's approval is necessary in compromises entered into by guardians,
parents, absentee's representatives, and administrators or executors of decedent's
Q: What are the effects of the appointment of a new agent? estates (CIVIL CODE, Art 2032).
ANS: The following are the effects of the appointment of a new agent,
1. Appointment of a new agent revokes the first agency only in case of Q: Can there be a compromise on the criminal aspect of a crime?
incompatibility; ANS: No. While there may be a compromise upon the civil liability arising from an
2. A special power revokes,a,general,on,e (CIVIL CODE, Art. 1926): and offense, such compromise shall not extin 'sh the public action for the imposition of the
3. If the first agent 1,s-no-rnotified of the ippoirltment of the second agent, it is legal penalty (CIVIL CODE, Art. 2034)
understood thatlhe flicsi ag6ncy still exists (5NPsANRAS, Civil Code, .supra at
868). Q: What cannot be the subject mise?
ANS: No compromise upon the f stions shall be valid'
„( t,
Q: What is the effe6t if‘the/ pilirLcipattliVolTy manages,kesbu • s ss? 1_ The civil status of per+
if
ANS: The agen Ag-revloked the principal directly man es.ee business entrusted to 2. The validity of a mafriag
the agent, deali di7-Mlit with third persons (CIVIL CODE, rri9A). This rule applies 3. Any ground forAg41 separ
only in case of i cpmpltibility1(5 PARAS, Civil Code supra at 6,91 ; I 4. Future support
._;?`• I : ,,,,.......i. Note: To ailow {enunciation transmission nsation of the family
Q: Flow may arAgerii withdraw tram an agency'? . e e tk 1
ANS: The ag•grit e: withdraw from- the_agency,by glying dueirtefiee to the principal If
the latter sho416 s"q r iny„damage b'y ..reason ofithe-::wittcdrawali the agent must
right of _a„ person to suppor
conversion of tive,,,recipient t
poiiq (De Asis v Court otAp
S virtually
public bur
s, G.R.
c ither suicide or the
s contrary to public
ruary 15, 1999).
indemnify him tpn r, 0-01„esi ihe --10-61 'hoUTFI",,,6.iae t rawal upon the
5 Thejunsdiation4court nd
impossibility of ofth ing the ,performande of the agency rave detriment to
6 Future IVIL 2035).
himself (CIVIL CQDE, 44,. 1928); ' N
\ r1
0: What is the effect if two arties''ente to a compromise?
Q: In case of with awal, 'hat is the-,-dbligItionof t ANS: A compromise has u the parb nd authority of res judicata; but
ANS: The agent, i e shoutd ithtli f-rorril g a valid reason, must
there shall be no exe dicial compromise (CIVIL
continue to act until th riniCfpallia eFfeas abi,e'depo ity to take the necessary
CODE, Att. 2037).
steps to meet the situation ivilicktoDE,NI: 1-0Dm \
-,,,_,.
0: What is the effect wh 6fisent is vitiated in the compromise agreement?
Q: What is the effect of the death offfitiffititipal to the contract of agency? ANS: It becomes voidable. A compromise in which there is mistake, fraud, violence,
ANS: The agency shall remain in full force and effect even after the death of the intimidation, undue influence, or falsity of documents, is subject to the provisions of
principal, if it has been constituted in the common interest of the latter and of the agent, Article 1330 of this Code. However, one of parties cannot set up a mistake of fact as
or in the interest of a third person who has accepted the stipulation in his favor (CIVIL against the other if the latter, by virtue of the compromise, has withdrawn from a
CODE, Art 1930). litigation already commenced (CIVIL CODE, Art. 2038).
Q: What is the effect of an agent's act that is done without his knowledge of the Q: What is the remedy if a contract of compromise has been entered into after a
termination of agency? decision has been rendered in the suit without the knowledge of the parties?
ANS: Anything done by the agent, without knowledge of the death of the principal or of ANS: If the judgment is final and, therefore, may no longer be revoked or set aside or
any other cause which extinguishes the agency, is valid and shall be fully effective with reviewed on appeal, the contract of compromise may still be rescinded_ However, if the
respect to third persons who may have contracted with him in good faith (CIVIL CODE, judgment is not yet final, ignorance of the judgment is not a valid ground for attacking
Art 1931) the contract of compromise (CIVIL CODE, Art 2040)

, SE" • Q: What are the remedies available to an aggrieved party when the other party
fails or refuses to abide by the compromise?
Q: What is a "compromise"'
ANS: If one of the parties fails or refuses to abide by the compromise, the other party
ANS: A compromise is a contract whereby the parties by making reciprocal
concessions, avoid a litigation or out an end to one already commenced (CIVIL CODE, may either:
Art, 2028). 1. Enforce the compromise; or
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2 Regard it as rescinded and insist upon his original demand (CIVIL CODE, Q: What are the kinds of commodatum?
Art. 2041). ANS: Commodatum is classified into:
1. Ordinary commodatum (CIVIL CODE, Art. 1933); and
E _ 2. Precarium - one whereby the bailor may demand the thing loaned at will
(CIVIL CODE, Art. 1947).
Q: What is a "contract of loan"?
ANS: A contract of loan is a contract where: Q. What are the principal obligations of a bailee in a commodatum?
1. One of the parties delivers to another, either something not consumable so ANS: The principal obligations of a bailee are
that the latter may use the same for a certain time and return it, in which 1. Take good care of the thing with the diligence of a good father of a family
case the contract is called commodatum; or (CIVIL CODE, Art, 1163: see also Arts. 1169, 1170 and 1173):
2. One of the parties delivers to another money or other consumable thing, 2. Use the thing loaned only for the purpose for which it was loaned and for no
upon the condition that the same amount of the same kind and quality shall other purpose (CIVIL CODE. Art. 1935 in relation to Arts. 1939(2),1946);
be paid, in which case the contract is simply called a loan or mutuum (CIVIL 3. Payment of the ordinary expenses for the use and preservation of the thing
CODE, Art. 1933). loaned (CIVIL CODE, Art. 1941);
4. Payment of a portion of extraordinary expenses arising from the actual use
COMMODATUM
of the thing, which shall be bijne by both the bailor and the bailee, even
Q: Distinguish commodatursand mutpum though the bailee acted a ft1 t fault, unless there is a stipulation to the
ANS: The differences are: , contrary (CIVIL CODE., iti:4(„9, par. 2); and
COMMPDATUM'vs....MUTLIUM 5 Return and to not retaliv , „02 loaned except for damages mentioned in
Article 1951 (CIVIL C 933, 1944, 1946).
Commodatum Mutuum
Q: When is the bailee in a c t. .A Et s of the thing which is
As to • iiarjfir volves *nettling ot s ject matter is
the object of the contra ss is due to a .3 itous event?
object consumable except when the purpo . Or other
ANS: The bailee is ha thing, even if its • Id be through fortuitous
• co R thing (See
event
ibition (41VIL,CODE, Art 19.3). CI kpee , Art. 418).
1. If he clev urpose differ ont that for which it has
As to ssentially ratuitou (CIVIL CO .Ma4
b7Vr 'tuitous or with a 2
been
If
ed,
eeps onger tharrthe p iod stipulat
S
e accomplishment
cause A ,.1934) 'ptterwisertEeeeses 1, tie ti• to pay interest e odinmodaggn has bz:,
mniodaturrk • (CAM 4, • E, Art. 1933). 3. If livered Its value, unless
there ion exejnptir' the bailee fro onsibility in case of a
As to se or. tempOrkry. -Rossession (CIVIL konsumfition
purpose fortuito nt,
k0DE, Atc.1935 •
. . 4. If he len r leas' s the thing d person, who is not a member of his
As to subject Re6l or ce,rsg,Qat-- eroPerty, A . al property
›eerd n household;
matter CODE,-.Ari. 1937), -• 5. If, being ab r his own thing, he chose to
save the la ODE, Arts. 1942).
,
As to Retained by theAtilor Passes to the debtor
ownership of Q: What are the obligation o a bailor in a commodatum?
the thing ANS: The obligations of a bailor are the following:
1. Respect the duration of the loan because the bailor is bound by the terms of
As to return Same thing loaned Pay the same amount of the contract of commodatum which is for a certain time or accomplishment
of the thing the same kind and quality of a purpose (CIVIL CODE, Art. 1946);
2. Refund to the bailee extraordinary expenses incurred for the preservation of
the thing, provided the bailee brings the same to the knowledge of the bailor
As to risk of Bailor since he is the owner Debtor/Bailee before incurring them, except when the reply to the notification cannot be
loss
awaited without danger (CIVIL CODE. Art 1949. par. 1). However, if the
As to time of Bailor may demand the return of the Upon the lapse of the term extraordinary expenses arise on the occasion of the actual use by the
return thing loaned before the expiration of the agreed upon. bailee, even though he acted without fault, they shall be borne equally by
term in case of urgent need (CIVIL both the bailor and the bailee, unless there is a stipulation to the contrary
CODE, Aft 1946), or when the contract (CIVIL CODE, Art. 1949, par. 2), and
3. Be liable for damages which the bailee may suffer for failure of the bailor to
is precafium, in which case, the bailor
may demand the return of the thing at advise the former of flaws (hidden defects) of the thing loaned which are
will (CIVIL CODE, Art, 1947). known to him (CIVIL CODE, Art. 1951).

(DE LEON, Comments and Cases on Credit Transactions (2016), 12-13 [hereinafter DE
LEON. Credal).
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SIMPLE LOAN 2. With regard particularly to an award of interest in the concept of actual and
compensatory damages, the rate of interest, as well as the accrual thereof.
Q: What are the obligations of a borrower in a simple loan or mutuum?
is imposed, as follows.
ANS: The obligations of a borrower are the following
a. When an obligation is breached, and it consists in the payment of sum
1 Pay the creditor an equal amount of the same kind and quality (CIVIL
of money, i.e., a loan or forbearance of money, the interest due should
CODE, Art. /953): and
be that which may have been stipulated in writing. Furthermore, the
2. Pay interest, if stipulated in writing (CIVIL CODE, Art. 1956).
interest due shall itself earn legal interest from the time it is judicially
demanded. In the absence of stipulation, the rate of interest shall be six
Q: What are the two types of interest?
(6%) per annum to be computed from default, i.e., from judicial or
ANS: The two types of interest are the following.
-extrajudicial demand under and subject to the provisions of Article 1169
1 Monetary or conventional interest - refers to the compensation set by the
of the Civil Code.
parties for the use or forbearance of money; and
b. When an obligation, not constituting a loan or forbearance of money, is
2. Compensatory interest - interest that may be imposed by law or by courts as
breached, an interest on the amount of damages awarded may be
penalty for damages is referred to as compensatory interest (Hun Hyung
imposed at the discretion of the court at the rate of six (6%) percent per
Park v Eung Won Choi, G.R No 220826. March 27, 2019).
annum No interest, however, shall be adjudged on unliquidated claims
Note: Compensatory/penallyandemnity interest refers to damages paid or damages, except when or until the demand can be established with
arising from delay Jol,aling-a fixed-,sunvol.money or delay in assessing and reasonable certainty, •
paying damaged (SPa Ab6tla v. Bps A bella,„ G.R. No 195166, July 08, c. When the judgme urt awarding sum of money becomes final
2015). 0 ,.- ,-A.,.. '-- ; \.
and executory, th gal interest, whether the case falls under
, f ... '
. : paragraph 1 or above, shall be six percent (6%) per
Q: When will intereStdtie and unpaid-earn interest7,.. annum from suc tisfact this interim period being
ANS: Generally,interesdbe and unpaid shall not earn i deemed to bepy th ranee of credit (Nacar v.
1 InterstIitte Atoll earn legal interest .from tip ti efit is j dicially demanded, Gallery .Fiespes, G.R. 17O, 013).
although the obligation may be silent upon thi poft t p vii. CODE, Art se-F
_... . _ 1
2212). .,
, Q: What is a "finance 4hatsge"?
2 If there is agreement to this effect (CIVIL CODE, A1.1'9-540 5 ANS: Finance charge-"Yefef*to interest, esk discounts and such
Note: Intereseq;tiriterest refers to interest due on cohventioni'lltfittinztt (Spa Abella v. other charges inktidfil to Telliextenston 65*,t, otherwise known as
Sps. Abel/a, G .Na 195166,.*ily.0.8, 201,5).._ . -- "Truth in Lendfc4ct", $ec_ '3).

0: When will titellebtor be Itablejor Q: When was The Usurytaw's et'ieptiv uspende
. ...., interes'tev'en,in.qher4sentofli
stipulation to
pay interest? kt -.„ ,..- I i ANS: The Monetary ita!kabf Central k issued C. ar No. 905, effective
,. , ,
ANS: Generally, 'no interest shalf'be due dnless it hasAeen e*bressly stipulated in January 1, 1983 rethcffed% ceilings interest rate on loans or forbearance of
writing (CIVIL CODE. Art. 1956). • iri' the following instances. interest is due even if not money, goods, or credit Thetorcular did at nor in any way amend the Usury
expressly stipulated . ,.. - ,. Law but simply suspencreohelatter's eff n now be charged as lender
1_ If the obligatrodconsists in tfle- pyynient bf'a,snfof money, and the debtor and borrower may agr pon (ylief V" .R No 131622, November
incurs in delay:1hp, inclemnitYkfot darna‘geg„th re being no stipulation to the 27, 1998).
contrary, shall be the,partentof tnelhterest agreed upon, and in the
absence of stipulation, the legal interest, which is six percent per annum Q: What is the effect if the in erest rate in a contract of loan is unconscionable?
(CIVIL CODE, M. 2209); or ANS: The Supreme Court said that nothing in said circular suspending the Usury Law
2. Interest due shall earn legal interest from the time it is judicially demanded, grants lenders authority to raise interest rates to levels which will either enslave their
although the obligation may be silent upon this point (CIVIL CODE, Art. borrowers or lead to a hemorrhaging of their assets (A/made v. CA, G.R. No. 113412,
2212) April 17, 1996). In Medel v. CA (G.R. No. 131622, November 27, 1998), it was ruled that
while the stipulated interest of 5.5% per month on a loan is not usurious pursuant to
Q: What is the rate of legal interest as per Circular No. 799, Series of 2013? Central Bank Circular No. 905, however, the same must be equitably reduced for being
ANS' The Bangko Sentral ng Pilipinas Monetary Board, in its Resolution No. 799 dated iniquitous, unconscionable and exorbitant It is contrary to morals. It was reduced to
May 16, 2013 effective July 1. 2013 provides that "the rate of interest for loan or 12% per annum in consonance with justice and fair play.
forbearance of any money, goods or credits and the rate allowed in judgments, in the
absence of an express contract as to such rate of interest, shall be 6% per annum."

Q: What are the guidelines on legal interest laid down in Nacar v. Gallery Frames?
ANS: The new guidelines on legal interest are as follows:
1 When an obligation, regardless of its source, (i.e., law, contracts, quasi-
contracts, delicts or quasi-delicts) is breached, the contravenor can be held
liable for damages and the provisions under Title XVIII on Damages of the
Civil Code govern in determining the measure of recoverable damages;
Q: What is a "contract of deposit"?
ANS: A deposit is a contract constituted from the moment a person receives a thing
belonging to another, with the obligation of safely keeping it and of returning the same
(CIVIL CODE, Art 1962).
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Q: What is the effect where safekeeping is only an accessory obligation? the thing or its price. However, if a third person who acquired the thing acted
ANS: if safekeeping is only an accessory or secondary obligation of the recipient of the in bad faith, the depositor may bring an action against him for its recovery
thing, deposit is not constituted but some other contract (CIVIL CODE. Art. 1962), (CIVIL CODE, Art, 1971).

0: When is a contract of deposit perfected? Q: What are the obligations of the depositary? (KIT-C2AM-LRD-SR3D)
ANS: An agreement to constitute a deposit Is binding, but the deposit itself is not ANS: The obligations are the following.
perfected until the delivery of the thing (CIVIL CODE, Art. 1963). 1. To Keep the thing deposited and return it, when required, to the depositor,
or to his heirs and successors, or to the person who may have been
Q: What are the kinds of deposit? designated in the contract (CIVIL CODE, Art. 1972);
ANS: The following are the kinds of deposit 2. To collect Interest on certificates, bonds, securities, or instruments
1. Judicial or one which takes place when an attachment or seizure of property deposited, and to take such steps as may be necessary in order that the
in litigation is ordered (CIVIL CODE, Arts. 2005-2009); and securities may preserve their value and the rights corresponding to them
2 Extrajudicial (CIVIL CODE, Art. 1967) which may be: (CIVIL CODE. Art. 1975);
a. Voluntary or one wherein the delivery is made by the will of the 3. Not to Transfer the deposit with a third person;
depositor or by two or more persons each of whom believes himself 4. Not to Change the way of deposit if under the circumstances he cannot
entitled to the thing geposiledZ/ViL CODE, Arts. 1968-1995); or reasonably presume that the epositor would consent to the change if he
b. Necessary or,onginade in-corraahee.with a legal obligation or on the knew of the facts of the • on. However, before the depositary may
occasion of an&alarruty. or b.y Ur/eters, in hotels and inns (CIVIL make such change, he tify the depositor thereof and wait for his
CODE/ Arts_ '19967,04)-or-by, tfatielefs .With. common carriers (CIVIL decision, unless delay e danger (CIVIL CODE, Art. 1974);
C0DE;'- A rtS. 174(:1735). 5. Not to Commingle the ;trg . he same kind and quality deposited if so
stipulated (CIVIL Copp.
Q: What is the nsture of,s deposit? 6. To Advise the true ner,, hb he thing has been stolen
ANS: Generaily; a deposit is gratuitous contract. In tie f ing iflstances, deposit is and who the t ner is (C/14L CODE, A
an onerous contiact: ; 7. Not to M use of Whitig deposited u expressly authorized,
1, Witri:Oere is an OgrTerie-nt Inf ie- corifrifil or otherwise, I be liaple amages (CIV1 E, Art. 1977):

C.4A_
2. Th lffeeoSitary is eng-agod in: the busitiese of star s (CIVIL CODE, 8. To be Lia setthrOugh fr uitous event lithe fo owing cases:

u
Ad, 1965). , so s putat.ed;
. / b f he usiis the thing witho e deposit misAon:
Q: What is diet plgec,t matter, .;,. ts ra; or
ANS: Only able- or per%Opat ropertic4nay be' lefe obj rajudicial deposit d. f he al -- • even f may have been
(CIVIL CODE, . / 9d6),. Judigial„ posit, howeyer:/may ver ovable as well as CIVIL COD 9)
immovable prope its purpose bektiolprolocrthe rigpts of p ies to a suit (CIVIL 9. To Re kf 4ing d posi in the same condition when such was
CODE, Art. 2006). - - deliver -tc sealed E, Art. 1981, par. 1);
10. To pay for es should 'grd_ki of the thing deposited be
Q: What is a "voluntii-y,deposit0h- broken thr. 'Miss proved otherwise (CIVIL
ANS: A voluntary deposirm,. one 1ereIn\d I r raieby the will of the depositor. A CODE, Art.
deposit may also be made iktWo, or rnWrelper*oraseach of whom believes himself 11. To keep the f the deposit when the seal or lock is broken, with or
entitled to the thing deposited with atirermrTa. who shall deliver it in a proper case to without his fault C IL CODE Art. 1981, par. 4);
the one to whom it belongs (CIVIL CODE, Art 1968). 12. To Return with the thing deposited all its products, accessories, and
accessions (CIVIL CODE, Art. 1983). Should the deposit consist of money
Q: What is the form in which a contract of deposit may be entered into? and )t:he depositary should be in delay or has used the money without
ANS: A contract of deposit may be entered into orally or in writing (CIVIL CODE, Art permission, he shall be liable for interest as indemnity (CIVIL CODE, Art.
1969)
13, To Return the thing at the place designated in the contract, or in the
Q: What is the effect if one of the parties to a contract of deposit is incapacitated? absence thereof, it shall be made where the thing deposited may be (CIVIL
ANS: If one party to a contract of deposit is incapacitated, the following are the effects CODE, Art 1987);
1. If a person having capacity to contract accepts a deposit made by one who 14. To Return the thing to the depositor upon demand, even though a specified
is incapacitated, the former shall be subject to all the obligations of a period of time for such return may have been fixed except
depositary, and may be compelled to return the thing by the guardian, or a. When the thing is judicially attached while in the depositary's
administrator of the person who made the deposit, or by the latter himself if possession; or
he should acquire capacity (CIVIL CODE, Art. 1970): or b. When the depositary was notified of the opposition of a third person to
2 If the deposit has been made by a capacitated person with another who Is the return or removal of the thing deposited.
not, the depositor shall only have an action to recover the thing deposited Note: in these cases, the depositary must immediately inform the depositor
while it is still in the possession of the depositary, or to compel the latter to of the attachment or opposition (CIVIL CODE, Art. 1988), and
pay him the amount by which he may be enriched or benefited himself with
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15. To Deliver the sum or other thing to the depositor should the depositary by
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usufructuary does not give proper security for their conservation (CIVIL
force rnajeure or government order loses the thing and receives money or CODE, Art. 586);
another thing in its place (CIVIL CODE Art. 1990) c. Those required in suits as provided in the Rules of Court; and
d Those constituted to guarantee contracts with the government (DE
Q: What is the effect when the depositary deposited the thing with a third person? LEON. Credit Transactions, supra at 147).
ANS: Unless there is a stipulation to the contrary, the depositary cannot deposit the 2. On occasion of any calamity (CIVIL CODE. Arts. 1996 and 2168), also
thing with a third person_ If deposit with a third person is allowed, the depositary is liable called involuntary bailment, involuntary deposit or deposit° miserable (11
for the loss if he deposited the thing with a person who is manifestly careless or unfit. Manresa, 732);
The depositary is responsible for the negligence of his employees (CIVIL CODE. Art. 3. By travelers in hotels and inns. Before hotel keepers may be held
1973). responsible, the following are the requisites;
a. Notice was given to them, or to their employees, of the effects brought
Q: When may the depositary use the thing deposited even if he is not expressly by the guests; and
authorized? b. The guests have taken the precautions which the hotel-keepers or their
ANS: When the preservation of the thing deposited requires its use, it must be used substitutes advised relative to the care of their effects (CIVIL CODE,
but only for that purpose (CIVIL CODE. Art 1977). Art. 1998)
4. By travelers with common car rs (CIVIL CODE, Art. 1754).
Q: What are the obligations ofetbe,depptitdr?-
ANS: The following are theobligations Of a depositoC,,,
Q: What is the difference betweefi ry deposits and necessary deposits?
1. Reimburse the depositery for- the-lexperiseO• h7b. ay have incurred for the
ANS: in a voluntary deposit, has complete freedom in choosing the
preservation of‘the thingllealted'shObld tbe'd sQsit be gratuitous (CIVIL
depositary, whereas in a necessaiy ere is lack of free choice in the depositor
CODE, i.992),-and
(DE LEON, Credit Transactions, s
Reim rse the,deposltary for any loss an m t1tiç Character of the thing
dep itd, ün4ess at the time of the cOnstit ion edkosit: (AENA)
Q: What is the effect if ission the thing d is given?
a. , he depositor was nbt Aware OfSuch e,..hara r;
ANS: If the thing de ed, is non- able and the d itary has permission to
b He was not Expected to know the dazgerous harrab ' t r of the thing
use the thing, the co ac loses racter of de d acquires that of a
c Helgotifies the depositary of the same:for
d. The depositary Was Aware of it without adytJr4m the depositor commodatum despite titbat the pa c s have deno t as a deposit, unless
safekeeping is st rpose e contract E, Art 1978). If the
414 CODE:.‘ Att. 1994
„ thing deposit or other cofiu i le thing, th to use it will result
Q: What is theViattire‘of the'cdntract for- rent of sifety.dep es? in consumpr n ,.co qs the cont ra into a - utuum, But if
ANS: A contract for rent of safety4leposit boxes,is noCan oçIinary lontract of lease of safekeeping it II the pilhcfpal pi jose 6t1he contr ular de..sit (DE
things but a special kind of depOSIthencex ins. not to e strictly governed by the LEON, Credit. supra arT$
provisions on depbsit. It cannot beC.haracteri?ed as, an o inary c9htract of lease under
Article 1643 because the fulf'ancf absolute-potsessior.and con l of the safety deposit Q: When is a hotel- ee red by its guests?
box was not given to the joint reriters,,The-guard,key'of th'e'boremained with the Bank: ANS: The hotel-keepe
without this key, neither'octhe, teriters -Cotild:6Feo thepoxipn the other hand, the Bank 1, The loss of r employees as well as by
could not likewise open the box withopt. ,the-,rnpter's key (CA Agro-Industrial strangers (i3 Art. 2000); or
Development Corp v, CA, G.R. lvo,,9Q12?2,Mdc' ch.ar1993). 2, The loss is y the act of a thief or robber done without the use of
arms and irresis e force (CIVIL CODE. Art. 2001).
Q: What is the nature of deposits of money in banks?
ANS: Deposits of money in banks are really loans to a bank because the bank can use Q: When is a hotel-keeper not liable for losses suffered by its guests?
the same for its ordinary transactions and for the banking business in which it is ANS: The hotel-keeper is not liable in the following cases:
engaged Bank deposits are in the nature of irregular deposits; they are really loans 1 The loss or injury is caused by force majeure (CIVIL CODE. Art. 2000);
because they earn interest (Bank of the Philippine Islands v. Court of Appeals, G.R. No. 2. The robber used arms or irresistible force (CIVIL CODE, Art. 2001);
104612, May 1Q, 1994). Thus, fixed, savings, and current deposits of money in banks 3 The loss is due to the acts of the guests, his family, servants, or visitors
and similar institutions shall be governed by the provisions concerning simple loan (CIVIL CODE, Art. 2002); and
(CIVIL CODE, Art. 1980), 4. The loss arises from the character of the things brought into the hotel (CIVIL
CODE, Art. 2002).
Q: When is there a necessary deposit?
ANS: A necessary deposit is one which is made: Q: Can the hotel-keeper exempt himself from liability or diminish his liability by
1. In compliance with a legal obligation (CIVIL CODE, Art 1996), which stipulation?
includes the following: ANS: No. The hotel-keeper cannot free himself from responsibility by posting notices to
a. The judicial deposit of a thing the possession of which is being disputed the effect that he is not liable for the articles brought by the guest. Any stipulation
in a litigation by two or more persons (CIVIL CODE, Art. 538); between the hotel-keeper and the guest whereby the responsibility of the former as set
b. Deposit with a bank or public institution of public bonds or instruments forth in Articles 1998 to 2001 is suppressed or diminished shall be void (CIVIL CODE.
of credits payable to order or bearer given in usufruct when the Art. 2003).
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Q: What is the remedy granted to a hotel-keeper in case the guest failed to pay for
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Q: What are the subjects of a contract of lease?

the lodging and supplies furnished to the latter? ANS: The contract of lease may be of things, of work and of service:
ANS: The remedy is to exercise the right of retention. The hotel-keeper has a right to 1. Lease of things - where one of the parties binds himself to give to another
retain the things brought into the hotel by the guest as a security for credits on account the enjoyment or use of a thing for a price certain, and for a period which
of lodging and supplies usually furnished to hotel guests (CIVIL CODE, Art. 2004). may be definite or indefinite (CIVIL CODE, Art. 1643);
Note: Consumable goods cannot be the subject matter of a contract of
Q: What is a "judicial deposit"? lease of things, except when they are merely to be exhibited or when they
ANS: Judicial deposit is one which takes place when an attachment or seizure of are accessory to an industrial establishment (CIVIL CODE, Art. 1645):
property in litigation is ordered (CIVIL CODE, Art. 2005).
2. Lease of work - where one of the parties binds himseif to execute a piece of
Q: What are the differences between judicial and extrajudicial deposits? work for a price certain, but the relation of principal and agent does not exist
ANS: The differences between judicial and extrajudicial deposits are the following. between them (CIVIL CODE, Art. 1644); or
3 Lease of service - where one of the parties binds himself to render to the
JUDICIAL DEPOSIT vs. EXTRAJUDICIAL DEPOSIT other some service for a price certain (CIVIL CODE, Art, 1644)
Judicial Deposit Extrajudicial Deposit
Q: Under what circumstances is a contract of lease subject to formal
As to cause By the will of the...600ft. By the will of the parties hence requirements?
,,,,-- ;PI
ororigin -•,,, •, t
INT is a contract ANS: In the following instances, thefiril requirements apply to a contract of lease:
'i 1 In case of lease for a loinger- ' Ti9d than one year, the agreement must be in
As to what it Guarantees the .solvercr- laf- Guara s the fulfillment of the writing, otherwise the 'ilea- penforceable (CIVIL CODE, Art 1403, par_
guarantees principal
.... '81i atTon. regardless of the 2(e)):
•.. ,..s8t ocy e principal 2 In case of lease of real . rded in the Registry of
,
or ctistody.And safekeeping of Property it shall /jot be bindinqupon thir p CIVIL CODE Art 1648)
As to o secure the right of A -party to
.."
purpose recover in .case of a favorable the thiA r " t '
Q: In cases where the lease is to bikregorded in the Re try of Property, when is
ud ent
,r proper authority required?.K , ,,
As to subject Movable or', immovable property Movable properly ANS: If a lease is to be recorded in the Registry of Pjipety, 'the following persons
matter fCLOL. CODE\Art. 2006). .1 cannot constitute the same without proper Otithority:
i 1 Husband withffespeqt to the ilte's par tate (in relation to
., , ... , . --"\-- - r •:-. ' 6•40'"
As to 'Afwa9..§ rernutieMted ,. ), ,'`N1* b . compe sated or not, but Article 14' 2:- Fan* Coat), f-i'-'
remuneration : -\,' 'Onefilly grat nous 2 Father or guarpan, as iNhe pLiperty of the Ano0io' Vika- it, and
.. 3 ManagerwrthbuNspecial power4CIVIL , CODE, Art /647)
As to in I- behalf of the persdrt:Yvho, by In/ behalf of . e depositor or third
whose behalf ju gment, .ti.a ' a. right: (CIVIL eLson d ignated Q: When can a lessees bletIthe thing t
Art/20:- - ._ _ .--,... /
the is held CO/3E ANS: When there is n xpressophIbi y sublet the thing leased, in
91..f.),
\' \.(it,
0.
whole or in part, withs prejo*e to his responsibility for the performance of the
As to When the'ssoritr4ersy 1 b Ogay:e< ,,,en the depositor claims back
contract toward the less CIVIL CODE, Art 1650),
termination rise to the dePOsit..has co e the thing which is then returned
end, unless the court so orders to the depositor_ 0: Distinguish subleasing and assignment of lease.
(DE LEON. Credit, supra at 218-219). ANS: In a sublease there are two leases and two distinct judicial relations although
intimately connected and related to each other, unlike in a case of assignment of lease
Q: What is the obligation of the depositary in a judicial deposit? where the lecsee transmits absolutely his right, and his personality disappears, there
ANS: He has the obligation to take care of the property with the diligence of a good only remains in the juridical relation two persons, the lessor and the assignee who is
father of a family (CIVIL CODE, Art. 2008) and he may not be relieved of his converted into a lessee (Marimperio Compana Naviera v. CA, G.R. L-40234, December
responsibility until the litigation is ended or the court so orders (CIVIL CODE, Art. 2007). 14, 1987).

4 5V5: Q: Why is the consent of the lessor necessary in an assignment of lease?

tZWAi.e
0: What is a "contract of lease"?
ANS: A contract of lease is an agreement whereby one person (lessor) binds himself to
grant temporarily the enjoyment or use of a thing or to render some work or service to
another (lessee) who undertakes to pay rent, compensation or price therefor (DE LEON,
Safes and Lease, supra at 703)
ANS: The consent of the lessor is necessary because the assignment of lease would
Involve the transfer not only of rights but also of obligations. Such assignment would
constitute novation by the substitution of one of the parties, i.e., the lessee (Sadhwani,
etat v. CA, G.R. No. 128119, October 17, 1997). Moreover, an unauthorized
assignment of the lease may be a justification for an action by the lessor for rescission
of the lease (Caco vs. CA, GR No. L-46205, December 29, 1977).
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Q: What are the obligations of the lessor? (DR-AC) 3. The sale is fictitious (CIVIL CODE, Att. 16M); and
ANS: In a contract of lease, the lessor has the following obligations: 4. The purchaser in a sale with the right of redemption cannot make use of the
1. Delivery of the object in such a condition as to render it fit for the use power to eject the lessee until the end of the period for the redemption
intended (CIVIL CODE, Art. 1654. par. 1): (CIVIL CODE, Art. 1677).
2. Making of necessary Repairs (CIVIL CODE, Art. 1654, par.2);
3. Maintenance in peaceful and Adequate possession (CIVIL CODE, Art. Q: When may the lessor judicially eject the lessee?
1654. par. 3) The obligation arises only when a legal trespass disturbs the ANS: The lessor may judicially eject the lessee when:
lessee's peaceful enjoyment thereof (Bercero v. Capitol Development Corp., 1. The period agreed upon, or that which is fixed for the duration of leases
G.R. No 154765. March 29, 2007); and under Articles 1682 and 1687, has expired;
4 Cannot alter the form of the thing leased In such a way as to impair the use 2. There is lack of payment of the price stipulated:
to which the thing is devoted under the terms of the lease (CIVIL CODE, Art. 3. There is a violation of any of the conditions agreed upon in the contract;
1661). 4. The lessee devotes the thing leased to any use or service not stipulated
Note: The obligation to protect the lessee covers acts of third persons and of the lessor which causes the deterioration thereof; or if he does not observe the
(Bercero v. Capitol Development Corp., G.R. No. 154765. March 29, 2007), requirement in No. 2 of Article 1657, as regards the use thereof (CIVIL
CODE, Art 1673).
Q: In what instance may a lesior-be-relieved of his duty to make necessary
repairs? 0: What are the obligations of the lessee? (PU2EN2R)
.
ANS: Upon stipulation of the pantes to _a contract.that'lhe lessee is to maintain the ANS: In a contract of lease, the obligation's of the lessee are as follows:
property in a condition in Which it. was, forind- at-the time ..b,f,th4erfection of the contract, 1. To Pay rent (CIVIL CCCIE; Atc1,5.57, par. 1);
without any obligatiop on the parrof thetessor to reirribtirsetheIessee or to pay him for 2 To Use the thing leasdp s.Fa-Oi(igent father of a family, devoting it to the use
the improvements thus 'made parrffie expiration-of th Se, ,ttie lessor is relieved of stipulated; or in the abSee a that inf from the nature of the
the duty to make' nZoesOry repairs 'and :the lessee assbçpedsuch duty in his stead thing leased according t CIVIL CODE, Art. 1653,
(Gonzales v. M eo, " fi'_,No Li49020;Tebruary 28 1944). par 2),
, .•
Note The liable4orctanY deterioration ed by members of his
Q: What doest iliti-- duty to-maintain the 'lessee in the easeful and adequate household
,, ,! .,,pee
ites.a
1.,:nd visitors .CIVIL CODE, A 8).
enjoyment of yh(-teaSe mean? . .
ANS: The du toemaintain the lessee in the peacefuf and adqeat enjoyment of the 3. To allowt Pent pairs even 1 annoying to L CODE Art, 1662,
lease for the 1 ,fatiorfjof tne .contract is .merely a warranty', th4 the Irmless the Place ,be s uninhabi CODE, Art. 1662.
see shall not be
disturbed in hi lteg ,a nd ii61:phiiIcal,.pOieision'. When:the spass is done by Pari9;
third persons, i mUst b,e, diatinggished whether it .rs tres-pas in fat/r in law because 4 TO . y Elipen Tfor thei,deed ease
the lessor is not able for a t*p'es in fadt of a there act qftrespa by a third person 5 To Notify tI2 r of,t4rpa or untowa CODE, Art, 1663,
(Nakpil v. Manila owerA),,e„ velopffikit'CsiLrp.:. par. 1
.I\losl
, 0867 1,160886, September
- •-•__ _ _. . 6. To Nob r of need fo airs CIVIL CODE, Art. 1663, par. 2); and
20, 2006).
• Note: Notifi ials not ess- actually knows the need for
Q: Under what instances Mailhe-,,lessoro.bring an raction directly against the the repairs.
sublessee" • k
7. To Return leased upon termination of the lease in the same
ANS: The lessor may bring bn.aon directiwagaInst.the sublessee under the following
condition as h ed it save what has been lost or impaired by;
instances:
a. Lapse of time;
1. Without prejudice to his obligation toward the sublessor, the sublessee is
b. Ordinary wear and tear; or
bound to the lessor for all acts which refer to the use and preservation of the
c. Inevitable cause or fortuitous event (CIVIL CODE, Art. 1665).
thing leased in the manner stipulated between the lessor and the lessee
(CIVIL CODE, Art. 1651); Q: What are the rules in case of urgent repairs?
2. The sublessee is subsidiarily liable to the lessor for any rent due from the ANS: In case of urgent repairs, the following rules must be observed:
lessee. However, the sublessee shall not be responsible beyond the amount 1. If repairs last for NOT more than forty (40) days, i.e. 40 days or less - the
of rent due from him, in accordance with the terms of the sublease, at the lessee is obliged to tolerate the work, although it may be very annoying to
time of the extra-judicial demand by the lessor. Payments of rent in advance him, and although during the same, he may be deprived of a part of the
by the sublessee shall be deemed not to have been made, so far as the premises; the lessee cannot ask for reduction of the price or for rescission:
lessor's claim is concerned, unless said payments were effected in virtue of 2. If repairs last for more than forty (40) days - the rent shall be reduced in
the custom of the place (CIVIL CODE, Art 1652). proportion to the time - including the first 40 days -and the part of the
property of which the lessee has been deprived; or
Q: How can a lessor or his successor-in-interest eject a lessee by reason of sale?
3. If the work is of such nature that the portion which the lessee and his family
ANS: As a rule, the purchaser of a piece of land which is under a lease that is not
need for their dwelling becomes uninhabitable - the lessee may rescind the
recorded In the Registry of Property may terminate the lease.
contract if the main purpose of the lease is to provide a dwelling place for
Exceptions: In the following instances, the purchaser may not terminate the lease
the lessee (CIVIL CODE, All. 1662).
1. There is a stipulation to the contrary in the contract of sale:
2. The purchaser knows of the existence of the lease;
Q: What are the remedies available to a lessor in a contract of lease?
CIVIL LAW I
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a
K-
Voluntarily takes charge of the agency or management of the business
ANS: In case of breach of contract of lease, the lessor has the following available or property of another;
remedies. b Without any power from the latter_
1. Rescission and damages (CIVIL CODE, Art. /659) Note: Once the gestor or officious manager has assumed the agency or
2. Damages only, allowing the contract to remain in force - Specific management of the business or property, he shall be obliged to continue
Performance (CIVIL CODE, Art. 1659); such agency or management until the termination of the affair and its
3. May hold the sublessee bound for all acts which refer to the use and incidents, or to require the person concerned to substitute him (CIVIL
preservation of the things leased (CIVIL CODE. Art. 1651); CODE, Art. 2144); Reimbursement must be made to the gestor for
4. May hold the sublessee subsidiarily liable for any rent due from the lessee necessary and useful expenses (CIVIL CODE, Art 2150).
(CIVIL CODE. Art. 1652); or
5 Ejectment (CIVIL CODE, Art. 1673 (1)-(4)). 2, Solutio indebiti - exists when:
a. Something is received;
Q: What are the remedies available to a lessee in a contract of lease? b. When there is no right to demand it: and
ANS: In case of breach of contract of lease, the lessee has the following available c. It was unduly delivered through mistake.
remedies Note: Consequently, the obligation to return it arises (CIVIL CODE, Art,
1 Extinguishment of the leania.„,c, se of total destruction of the thing leased 2154),
caused by fortuitou -6-nt (CIV4L ObEn4rt. 1655);
2. Proportional r ctiopi5of tha. rent oJscjssloJn case of partial destruction Q: When is negotiorum gestio n9i,apRlipble?
of the thing a4sethc4u d IL CODE, Art. 1655); ANS: In the following cases, neg ' ;tion does not apply:
Note: Opte'the'sOiee of the lessee ha unicated to the lessor, 1. When the property or not neglected or abandoned, the following
the forvier riprchangeirrdiVrCOD provisions of the Civil authon contracts shall govern:
a. No one may con(ra ithout being authorized
3. Ter the lease, in . pase_ dwe any other building by the la r unles has by la to represent him (CIVIL
intended human habitation 'that its u inent and serious CODE 1317):
da e a n dfhealth-(C1-tZft-CODE, b. Those Vet; _ e of another r1 .1pi y one who has been
4 Su of the payment oflient (CIVIL givend, ' or lege presentation7r h has acted beyond his
ppy,vei-s (C 4144pODE, A 403 (1));
Q: What are t e relitisites4an iniptint new tease
c. JJnauttgzbd contracts a overned b 7 and the principles
ANS: An 1mi:0:al-new lease "or .../acita2racOoduccr en the following
-ofag„e. cV TN( of thi ok IV ( 404).
requisites are ful -ti xist:;-:.^A
2 If i4(fact the ager as b tacitly owner, in which
1 Thellerm o he angiT41,contract of Jp*tk, ,' expyed;
case the ruf ge cylShall vern (CIVIL rt. 2144).
2. The lessor hà noNiVen'..the lesse,t ncree to yacate d opo
3. The I4see continued enjoYlngilhecthing leafed for fteen days with the
acquieS‘'e.pnce of'the les,sor (Farrfeloy; MfpOfok Serykes, GR. No 170509,
June 27, 2012)./ .-. '''''..., -- ----- . Ar X11. LAND TITLES AND DEEDS
.,-...........„.....— ,,
Q: What are the modes o.rterinination 01,4 AR ENS$$T
ANS: A lease contract is terminated und f.Xhe1llowing instances
1, Expiration of the term of t'heTeTSe contract (CIVIL CODE, Art 1669), CONCEPT AND BACKGROUND
2. Total Loss of the thing leased (CIVIL CODE, Art. 1655); Q: What is the effect of registration under the Torrens System?
3 Will of the parties (CIVIL CODE. Arts. 1676, 1677); and ANS: Registration merely confirms ownership and does not create it (Heirs of Doronio
4. Rescission of contract of lease on account of substantial breach (CIVIL v. Heirs of Doronio, G.R. No. 169454, December 27, 2007)
CODE, Art 1659)
Q: What is the real purpose of the Torrens System of registration?
ANS: The real purpose of that system is to quiet title to land; to put a stop forever to
XI, QUASI-CONTRACT any question of the legality of the title, except claims which were noted at the time of
registration, in the certificate, or which may arise subsequent thereto. Once a title is
Q: What is a "quasi-contract"? registered the owner may rest secure, without the necessity of waiting in the portals of
ANS: A quasi-contract is a juridical relation resulting from certain lawful, voluntary and the court, or sitting in the "mirador de su casa." to avoid the possibility of losing his land
unilateral acts by virtue of which the parties become bound to each other to the end that (Legania v. Saleeby, G.R. No L-8936, October 2. 1915)
no one will be unjustly enriched or benefited at the expense of another (CIVIL CODE,
Q: What is the nature of registration under the Torrens System?
Art. 2142).
ANS: Judicial proceedings for the registration of lands throughout the Philippines shall
Q: What are the kinds of quasi-contracts? be in rem and shall be based on the generally accepted principles underlying the
ANS: The kinds of quasi-contracts are as follows Torrens system (P.O. 1529, Sec. 2).
1. Neoctiorum qestio - arises whenever a person:
 CIVIL LAW I
San Beda Law-RGCT Bar Operations Center I BEDAN RED BOOK
Volume I Series of 2020/21

0: What is the probative value of a Torrens Title? R.A. 6732, ADMINISTRATIVE RECONSTITUTION OF LOST OR DESTROYED ORIGINAL
ANS: A Torrens title is incontrovertible against any "information possessona" or ale COPIES OF CERTIFICATES OF TITLES
existing prior to the issuance thereof not annotated on the title (Ching V. CA, G R No.
0: How are lost duplicate certificates of title replaced?
59731, January 11, 1990). ANS: They are replaced as follows:
The certificate of title serves as evidence of an indefeasible title to the property in 1. In case of loss or theft of an owner's duplicate certificate of title, due notice
favor of the person whose name appears therein. After the expiration of the one (1) year under oath shall be sent by the owner or by someone in his behalf to the
period from the issuance of the decree of registration upon which it is based, it becomes Register of Deeds of the province or city where the land lies as soon as the
incontrovertible (P.O. 1529, Sec. 32, par. 2: Ybatiez v. IAC, G.R. No. 68291, March 6, loss or theft is discovered;
1991). 2. The corresponding petition for the replacement of the lost or destroyed
owner's duplicate certificate shall then be filed in court and entitled in the
CERTIFICATE OF TITLE original case in which the decree of registration was entered;
3_ The petition shall state under oath the facts and circumstances surrounding
Q: What is a "certificate of title"?
ANS: A certificate of title is the transcript of the decree of registration made by the such loss or destruction;
4. The court may set the petition for hearing after due notice to the Register of
registrar of deeds in the registry. (Manotok Realty, Inc. v. CLT Realty Development
Deeds and all other interested parties as shown in the memorandum of
Corp., G.R. Nos. 123346 & 134385 (R ojutjqpj,December 14, 2007)
encumbrances noted in al or transfer certificate of title on file in the
Q: What are the two kinds of Torrens Certificate of title? office of the Register o I .nd
ei-tifiOate"afTitle 5. After due notice and court may direct the issuance of a new
ANS: The following arethe tWo)dtilx.of,Torr
1. Original Certifieve of Title - it consTsts..,of Oneioepinal copy filed in the duplicate certificate w tamn a memorandum of the fact that it is
Register of Deeds and- -the- owner's duplicate certificate delivered to the issued in place of the I certificat nd shall in all respects be
owner (p D. 1529, :Sec 39). . entitled to the samejart al duplicate (P.D. 1529,
2 Transfer Certificate of Title - the subsequent certificateNpf title that may be Sec. 109. Heirs,of Spous R. No. 222916, July 24.
issued by the Register of Deeds pursuant to ahy voluntary or involuntary
instniMen L. relating-to- th -sarne iaiTd'rp.D. 1529, Sec - '4411 Note: If it is20
nolt9tjhe registered owner o t OCT who files tition for reconstitution
of duplicate certificate Of title (as when th*transferee of e Sank files the petition and
Q: What are tile liens that affect the certificate of titre? ' the title was not yet transferred in his narlt), the registered 'ijmner must be notified of
ANS: Generally:4hp 'fegisteidd owner receiVing a ce'rtifjoate of title Ir. pursuance of a the petition, being an interested party Ot*,wise, the triA1 court acquires DO jurisdiction
decree of registration, arid'ev'ery—TubrequeTft Tiiii-chase of registeeed land taking a over the petition (Heirs of Sps Raprez v At?on, G.R,,No 2 2019),
certificate of title-4ot value . and on good faith ,shall-hold the same free from all Note: Sec. 109 of P D, +1529 is „the law,- plicable in 46- issuance of new
encumbrances. The foliking are the exceptions, e, statuto0 liens: owner's duplicate certific.ateS;Of title which lost or stolen or destroyed, Secs. 18 and
1. Liens\noted in said certificate, -"I 19 of R.A. 26 apt only cases o econstitution of lost or destroyed original
2. Liens, claims or rights arising or existing undr the laws and Constitution of certificates of title on file with ,the Regist s Heirs of Sps. Ramirez v. Abon,
the Philippines which are not by la ccuireoto appear of record in the G.R. No. 222916. July e6Y9). J
Registry of Deeds lifcler‘to ne valid ega nst subsequent purchasers or
encumbrancers.Qf record „ Note: When the owne "dupli certificate of title has not been lost, but is in fact in
the possession of ri,n, then the reconstituted certificate is void because the
3, Unpaid real estat6''tax.es levied arid ,assested within two years immediately
preceding the acquisition of arrfrright over the land by an innocent court that rendered the had no jurisdiction. Before jurisdiction over the case
purchaser for value, without prejudice to the right of the government to can be validly acquired, the certificate of title must not have been issued to another
collect taxes payable before that period from the delinquent taxpayer alone; person, such as an impostor (Dy v. Aldea, OR. No. 219500, August 09, 2017).
4. Any public highway or private way established or recognized by law, or any
government irrigation canal or lateral thereof, if the certificate of title does Ct: What are the requirements for Judicial reconstitution of lost or destroyed
not state that the boundaries of such highway or irrigation canal or lateral original certificates of title under R.A. 26?
thereof have been determined; and ANS: The requirements for judicial reconstitution of lost or destroyed original
certificates of title are;
5. Any disposition of the property or limitation on the use thereof by virtue of, or
1. That the certificate of title had been lost or destroyed;
pursuant to, Presidential Decree No. 27 or any other law or regulations on
agrarian reform (P.O. 1529, Sec. 44) 2, That the documents presented by petitioner are sufficient and proper to
warrant reconstitution of the lost or destroyed certificate of title;
3. That the petitioner is the registered owner of the property or had an interest
0: What are the distinctions between title and Certificate of title?
ANS: The certificate referred to is that document issued by the Register of Deeds therein;
known as the Transfer Certificate of Title (TCT) By title, the law refers to ownership 4. That the certificate of title was in force at the time it was lost and destroyed:
which is represented by that document Placing a parcel of land under the mantle of the and
Torrens system does not mean that ownership thereof can no longer be disputed. 5. That the description, area and boundaries of the property are substantially
the same as those contained in the lost or destroyed certificate of title (R.A.
Ownership is different from a certificate of title, The TCT is only the best proof of
ownership of a piece of land (Torbela v. Rasario, GR No. 140528, December 7, 2011). 26, Sec. /5; Republic v. Dagondon, G.R. No, 210540, April 19, 2016).
't
 CIVIL LAW
San Bede Law-f2GCT Bar Operations Center Ell

Q: What may be the sources for reconstitution of original certificates of title?

• BEDAN RED BOOK
Volume I I Series of 2020/21

Note; The requirements under R.A. No. 26 are indispensable and must be strictly
411
ANS: Original certificates of title shall be reconstituted from the following sources as complied with. In a reconstitution proceeding, the petitioner is burdened to adduce in
may be available, in the following order: evidence the documents in the order stated in Section 3 of R.A. No 26 as sources of
1. The owner's duplicate of the certificate of title; the deed to be reconstituted, and likewise burdened to prove the execution or existence
2. The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title; of the original copy of the title, which is the copy on file with the Registry of Deeds, and
3 A certified copy of the certificate of title, previously issued by the register of the contents thereof (Dela Paz v. Republic, G R No 195726, November 20. 2017).
deeds or by a legal custodian thereof;
4. An authenticated copy of the decree of registration or patent, as the case GWAtithiTtriEg1A16 ANCESTRAL LANDS AND
may be, pursuant to which the original certificate of title was issued;
5. A document, on file in the registry of deeds, by which the property, the CONCEPT AND REGISTRATION OF AGRARIAN TITLES
description of which is given in said document, is mortgaged, leased or
Q: What are the modes of disposition of public lands suitable for agricultural
encumbered, or an authenticated copy of said document showing that its
purposes under the Public Land Act?
original had been registered, and
ANS: Public lands suitable for agricultural purposes can be disposed of only as follows,
6. Any other documen•t which, in the judgment of the court, is sufficient and
and not otherwise:
proper basis for reconstituting the lost or destroyed certificate of title (RA,
1. For homestead settlement
26, Sec. 2).
2. By sale.
3. By lease.
Q: What may be the sources fcity' ecoristitutran; ofira r certificates of title?
4. By confirmation of im omplete titles
ANS: Transfer certificates'ef'titia tall.-b-e-.4,Constifute from the following sources as
`-‘, , a. By judicial legaliz
may be available, in thefollowing-order:
b. By administrative patent) A 141. otherwise known
1 The owriegc401"Cate..of the—c-ehillt
as 'The Public 1,,,a4d,
2 The co-owners.mOrtgagee's, lessee's oe he certificate of title;
3 A c ifiedl-cppy of the certificate of title, previo by the register of
Q; What is the natur9Of a certificate f title issued p uant to a public land
deeds or by'a leg6I custodian thereof:
reg patent?
4 The erfpfctrof tranIgfer '61-otherrdo i, , istry of deeds,
ANS: A certificate of title-isSUed pursuant a public land artakes the nature of
coritainind
. the description cif.the property, or an ar4henticèted copy thereof,
sh6wippt at its original lhad=been-register ., and to which the lost
a certificate of title ,issued iwz.h
,L). •
a judic proceeding. s inconvertible upon
the expiration cane yearcfn51ii the idate the order ance of the patent,
or destroyed transfer certificateof title wa l'Oijed: ,
hence, prescret2n can operate agbi the - • is Heirs of Sirnplicto
5 A document, 04-fite.,,Tri the Tregistry Ofleeds, byi whrc he property, the
Santiago v Heiq ofMaiia anitagot G. o. 151
desCripiicin f which IS given in said,,d0c0ientifis mb gaged. leased or
enctkribered, or an authenticated c.oPy'Of; aid.iocumetrt showing that its
Q: What are the . ±it tI,trs betWee Homestead Patent, Free Patent, Sales
orlon-1'41 had been registered; and
Patent, Special Patkit, and irect Sales rider C.A.141?
6. Any other document w, hicti,: the \judgntioept" urt, is sufficient and
ANS: The distinctions twra Homeste Patent, Sales Patent, Special
proper basis for reonktittitfricythe-14e certificate of title (R.A.
Patent, and Direct Sal

Land Ownership
Q: When may administrative ,reconstitution „of lost or destroyed onginal of
,
Torrens title be availed of? Homestead Any Filipino citizen over Does not own more than twenty-four (24)
ANS: Administrative reconstitution of lost or destroyed onginal or Torrens title may be Patent the age of eighteen (18) hectares of land in the Philippines or has
availed of when these requisites are present years or head of a family not had the benefit of any gratuitous
1. Substantial loss or destruction of the original land titles due to fire, flood, or (C.A. 141, Sec. /2) allotment of more than 24 hectares
other force majeure as determined by the Administrator of the Land
Registration Authority, Must have resided continuously for at least
2_ The number of certificates of title lost or damaged should be at least ten one (1) year in the municipality where the
percent (10%) of the total number in the possession of the Office of the land is situated
Register of Deeds:
3. In no case shall the number of certificates of title lost or damaged be less Must have cultivated at least one-fifth (1/5)
than 500; and of the land applied for (CA. 141, Sec. 14)
4. Petitioner must have the duplicate copy of the certificate of title under Secs.
2(a) or 2(b), or Secs. 3(a) or 3(b) (P.A. 6732, Sec. 1 amending Sec. 110 of Free Patent Any-natural born citizen Does not own more than twelve (12)
P.D. 1529, & Sec. 2). of the Philippines. hectares of land.
Note: Petitions for reconstitution from sources enumerated in Sections 2(a), 2(b), 3(a),
and 3(b) of RA. 26 may be filed with the Register of Deeds (R.A. 26, Sec. 5 as The applicant must have continuously
amer!ded by R.A. 6732, Sec. 2). occupied and cultivated the land for at least
30 years before April 15, 1990.
 CIVIL LAW I
San Bede Law-ROC Bar Operations Center
BEDAN
va.ma, RED BOOK
I Senes of 2020/21

Status of Applicant Land Ownership 0: What are the restrictions imposed on lands acquired by Direct Sales under
R.A. 730?
Applicant must have paid real estate taxes ANS: Lands acquired under R.A. 730 shall not be subject to any restrictions against
on the land while it was not occupied by encumbrance or alienation before and after the issuance of the patents thereon (R A
other persons (Jaucian v. De Joras, G.R. 730 as amended by PD, 2004, Sec. 2).
No. 221928, September 5, 2018; C.A. 141, Note: R.A. 730, as amended by P.O, 2004 is the law applicable in the sale of land of
Sec. 44 as amended by R.A. 4940) the public domain for residential purposes and not CA 141. Thus, Sec. 29 of CA, 141
on the restrictions imposed to lands acquired by sales patent does not apply (Republic
Sales Patent Citizens of the To have at least one-fifth (1/5) of the land
v, Ravelo. G.R. No. 165114, August 6, 2008).
(Public Philippines of lawful age . broken and cultivated within 5 years from
Bidding) or such citizens not of the date of the award. Q: What are the restrictions imposed on lands acquired under the homestead
lawful age who is head of provisions of C.A. 141?
a family may purchase Shall have established actual occupancy, ANS: The following are the restrictions on lands acquired under homestead provisions
public agricultural land of cultivation and improvement of at least 1/5 of C.A. 141:
not more than twelve of the land until the date of such final 1. Lands acquired under homestead provisions shall no/ be subject to
(12) hectares (C.A )411, „p,aylazt (C.A. 141, Sec. 28). encumbrance or alienation f , the date of the approval of the application
Sea 22) and for a term of five ye and after the date of issuance of the patent
or grant, nor shall a liable to the satisfaction of any debt
Special Non-C 1LG shall certify that the
contracted prior to th of said period, but the improvements or
Patent (C.A 41, majority f he n hristian inhabitants of
crops on the land rtgaged or pledged to qualified persons,
any-9(Ye rel n have advanced
associations, or corpo . 11 ar. 1);
sufficienify;, in (CA. 141, Sec
84)1 Except: When ;errata& umbra or of the Government or
any of its bra0 s, units, or htutions (ait 14 ec. 118, par. 1).
Direct Sales p citizen al- -Not the er me lot in the 2. No alienatia nsfer, eyance of any stead after five years
(Without municipal or city he resides. and befor— e ears issuance of II be valid without the
Public
approvarof the tary of iculture an C mrrf rce, which approval
Bidding) I Have esKtitehed in 9ood faith his shall' not be, denied excePt, o nstitution and lega grounds (C.A. 141,
-residentfrrr--,a' pa I lublic land which
S6. .(c118i pa? 2),
NOTileaaed fo pub lo eryice. 3. Every conveyance of land ac ed unde provisions, when
proper, shall be:subject to rep these by the T , his widow, or legal
Cons'trucid his)use and actually heirs. w irrla peOod of five rs from the date of the conveyance (ail.
lesided Meld (RA. 7' 0, Sec. 1). 141, Se ;4(9), and
.
(AGCAOILI, Properbe Regiskatidp-Decree and Related
..Ows, (2018), 669-678 4. No corporation, as‘sociation.. Ai :. acquire or have any right,
[hereinafter AGCAOIII,Proi:441 1s-trationli e title, interest, or propasprrigh ny land granted under the
Note: Private corporationl-eLassociatiOns' may not hold such alienable lands of the homestead or individual sale provisions of this Act or to any permanent
public domain Citizens of the Philippines TA' aocitiire not more than twelve hectares improvement bri,sudli land (CA. 141, Sec. 121),
thereof by purchase, homestead, or grant (CONST.
Art. XII, Sec. 3)1 Note: The above restrictions no longer apply to agricultural free patents by virtue of
R.A. 11231, Section 3.
Q: What are the restrictions imposed on lands acquired by Sales Patent under
C.A. 141? Q: What are the restrictions on alienation and encumbrance of free patents?
ANS: The following are the restrictions imposed on lands acquired by Sales Patent. ANS: Agricultural public lands alienated or disposed in favor of qualified public land
1. The purchaser may not, within a period of 10 years from the grant of title, applicants under Section 44 (Free Patent) of Commonwealth Act No, 141, as amended,
convey or encumber or dispose said lands or rights thereon. shall not be subject to restrictions imposed under Sections 118, 119 and 121 thereof
regarding acquisitions, encumbrances, conveyances, transfers, or dispositions.
Note: Any sale and encumbrance made in violation of this restriction shall
Agricultural free patent shall now be considered as title in fee simple and shall not be
be void, shall annul the acquisition, and shall revert the property and all
subject to any restriction on encumbrance or alienation (RA No. 11231 otherwise known
rights thereto to the state. All payments on the purchase price made to the
as "Agricultural Free Patent Reform Act', Sec 3).
government shall be forfeited (C.A. 141, as amended by R.A. 6516, Sec.
29), Q: What happens if the land (acquired by virtue of free patent) is sold during the
2. If the purchaser has voluntarily abandoned the land for more than one year prohibited period prior to the enactment of R.A. 11231?
at any one time after the issuance of patent, or has failed to comply with the ANS: R.A. 11231 shall have retroactive effect and any restriction regarding
requirements of C.A. 141, the land shall revert to the state and prior acquisitions, encumbrances, conveyances, transfers, or dispositions imposed on
payments made by the purchaser and all improvements an the land shall be agricultural free patents issued under Section 44 of Commonwealth Act No 141, as
forfeited (C.A. 141, Sec. 30). amended, before the effectivity of this Act shall be removed and are hereby immediately
lifted
 CIVIL LAW
San Beda taw-RGCT Bar Operabons Center I
lv:03EpAeriesN0 RED BOOK
20/21

Note: Nothing in this Act shall affect the right of redemption under Section 119 of the conditions, limitations and qualifications of this Act, the property registration decree,
Commonwealth Act No. 141, as amended, for transactions made in good faith prior to and other pertinent laws. The emancipation patents or the certificates of land ownership
the effectivity of this Act (RA. No, 11231. Sec. 4). award being titles brought under the operation of the Torrens system, are conferred with
the same indefeasibility and secunty afforded to all titles under the said system, as
provided for by Presidential Decree No. 1529, as amended by Republic Act No. 6732
Q: What is the effect of violating the restrictions imposed on homestead patents?
ANS: Any acquisition, conveyance, alienation, transfer, or other contract made or (R.A. 6657 as amended, Sec. 24).
executed in violation of any of the provisions of sections 118, 120. and 121, of this Act
shall be unlawful and null and void from its execution and shall produce the effect of Q: How are land titles awarded to farmer-beneficiaries under CARL?
ANS: Land titles are awarded to farmer-beneficiaries by way of:
annulling and cancelling the grant, title, patent, or permit originally Issued, recognized or
confirmed, actually or presumptively, and cause the reversion of the property and its 1. Individual title - The land awarded to a farmer- beneficiary should be in the
improvements to the State (C.A 141, Sec. 124). form of an individual title, covering one (1) contiguous tract or several
parcels of land cumulated up to a maximum of three (3) hectares (RA. No.
Q: What are the conditions in order for the homestead grantees or their direct 6657, Sec. 25, par. 4).
compulsory heirs to retain or keep their homestead under Comprehensive 2. Collective title - The beneficiaries may opt for collective ownership, such as
Agrarian Reform Law? co-workers or farmers cooperative or some other form of collective
ANS: The following are the conditiorlet---- organization and for the issulce of collective ownership titles. In case of
1 They must still beothe owners of the original homestead at the time of the collective ownership, title ,tplh',9. property shall be issued in the name of the
co-owners or the coo e: collective organization as the case may be
CARL's effecti y,and%.), -
2 They must continue ti?,,,oultWate—ffIeAsoMeslead l d (R.A. 6657, otherwise (R.A. 6657, Sec. 25 pera
known at /tom•gehensive _Agrarten Reforfn LaVii o 1988,"as amended by
R.A. 7881 79,95.,8512, and-.9706;"Sec et. Al v. Heirs of Q: When may collective titles be is
Pacqaing,T.3 R No 199008. NoveMber ANS: The conditions for the issuance follows:
1. The current f qYria nagemen ystem of the vered by CARP will not
Q: What are thequalificatioris for the grani of a residenti be approp for IndividuAlApfrning of farm parce
e itatent under R.A.
10023? (FLN) 2. The farm I r • stem is specialized where ther farreworkers are organized
-4- by functio tity specifiptarcels such sprailhg, weeding, packing
ANS: The following'ere the qualifiCations:
and o)1' imi notions, •
1 Anir.Filifiino citizen who is an actual oco0pant of14 —relidential land for at
t 3. Th tentiali beneficiaries ar urrently n rig infiThvidual parcels but
lea'4t ten-(10) years*,
WeJy, pn lawe cont us are
2 Land:applied for-IS-not needed for publiciSeryiCe or:pu V°
3 4. Thelarm co ; 't of mul ' le s being rated manner or
The‘tand sticarld Not exceed
induct nein op produpon as that are ary for the viability of
a. highly*rbanizWaltips 2„,00Sq.m.
farm o Nions4uch as pa g plants, storage areas, dikes, and other
ft Irvther cities —
similar (kill •es th t cannot b or assigned to individual farmers
c. 1 and 2"' class rriUhicipalittes
(R.A. 6657, , par. 6).
d. In arother . .Muni .• ifies---i.-1;60,s (RA, 4 • 5,*
Note: For idle and a 'nds
- or underdeve oped agricultural lands to be
Q: What are the rules on iSsuance of spe4idipafen nder R.A. 10023? covered by CARP, col &ship shall be allowed only if the beneficiaries opt for
ANS: Notwithstanding any pro-AlorLoaakUttie ntrary and subject to private rights, It and there is a clear d 1Opment plan that would require collective farming or
if any, public land actually occupied and used for public schools, municipal halls, public integrated farm operations exhibiting the conditions described above (R.A 6657, Sec.
plazas or parks and other government institutions for public use or purpose may be 25, par. 7).
issued special patents under the name of the national agency or LGU
concerned: Provided, That all lands titled under this section shall not be disposed of Q: What are the duties of the Register of deeds under CARL?
unless sanctioned by Congress if owned by the national agency or sanctioned by the ANS: The following are his duties:
sanggunian concerned through an approved ordinance if owned by the LGU 1. As to Award to Beneficiaries - it is the ministerial duty of the Registry of
10023, Sec. 4). Deeds to register the title of the land in the name of the Republic of the
Philippines, after the Land Bank of the Philippines (LBP) has certified that
Q: What is the coverage of R.A. 10023? the necessary deposit in the name of the landowner constituting full
ANS: This Act shall cover all lands that are zoned as residential areas, including payment in cash or in bond with due notice to the landowner and the
townsites as defined under the Public Land Act (R.A. 10023, Sec. 2). registration of the certificate of land ownership award issued to the
beneficiaries, and to cancel previous titles pertaining thereto (R.A. 6657 as
Q: What is the effect of registration of the emancipation patents (EP), Certificate amended, Sec. 24).
of Land Ownership Award (CLOA), and other titles issued under the agrarian 2. As to Free Registration of Patents and Titles - All Registers of Deeds are
reform program? hereby directed to register, free from payment of all fees and other charges.
ANS: The emancipation patents, the certificates of land ownership award, and other patents, titles and documents required for the implementation of the CARP
titles issued under any agrarian reform program shall be indefeasible and imprescriptible (RA. 6657 as amended, Sec. 67)
after one (1) year from its registration with the Office of the Registry of Deeds, subject to
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CIVIL LAW I
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Q: What is the difference between an agricultural free patent and a CLOA?

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Q: Distinguish between ancestral domain and ancestral land.

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ANS: An agricultural free patent is awarded in cases involving public lands while a ANS: The following are the distinctions
CLOA is awarded in cases involving private lands distributed by the state under the ANCESTRAL DOMAIN vs. ANCESTRAL LAND
comprehensive agrarian reform program
Ancestral Domain Ancestral Land
CONCEPT AND REGISTRATION OF ANCESTRAL LANDS AND DOMAINS
As to Includes all areas Only includes lands which are
00: What is meant by "time immemorial"? scope/inclusion generally belonging to occupied, possessed and utilized
ANS: Time immemorial refers to a period of time when as far back as memory can go, ICCs/IPs comprising by Individuals, families and clans who
certain ICCs/lPs are known to have occupied, possessed in the concept of owner, and lands, inland waters. are members of the ICCs/lips since
utilized a defined territory devolved to tnem, by operation of customary law or inherited coastal areas and natural time immemorial (R.A. 8371, Sec.
from their ancestors, in accordance with their customs and traditions (R.A. 8371, resources therein (R.A, 3(b)).
otherwise known as "The Indigenous Peoples' Rights Act of 1997," Sec. 3(p)). 8371, Sec. 3(a)).
May be found within ancestral
Q: What is a "native title"? domains (RA. 8371, Sec. 53).
ANS: Native title refers to pre-conquest rights to lands and domains which, as far back
as memory reaches, have aeon held'andeTrelaim. of private ownership by ICCs/lPs, As to evidence of Certificate of A Certificate of Ancestral Land Title
have never been public lands and are thus inhisputIbly,presumed to have been held native title Domain Ti (GALT) (R.A. 8371, Sec. 3(d))
that way since before the (R.A 8371,
„. Spanish 'Conquest (R A, 8371,1'Sak3(1)).
Q: What are "ancestratlands"?' _ As to modes of By native title By native title or registration under
ANS: Ancestral lends refer' to lane occupied. posSe,ss -an utijized by individuals, acquisition Sec. /1) .141 1529 (R.A. 8371, Sec.
families and clatis'4W-are !members of the ICCOPs e immemorial, by
themselves or "you* their predecessors-in-interesti uncfkr fcijft of individual or
traditional groupeeweeiship, hontinuously, ,W-the wes§re e n interrupted by 0: What are the two modes of acq ncestral domains apd ancestral lands?
war, force majpute.p 'displaCemept by force, deceit, Stealth, consequence of ANS: The two modes cea irieg aircestcal domains and Snes l el lands are:
government projects and otffer voluntary dealings government and 1. By r both ancr4ral lands and orrpins(R A. 8371, Sec. 11):
private individu porations, including, but not 4ated tb, resrlential lots, rice an '• ee.
terraces or pacifies 'p ateefietestseswiciden-farms 371, Sec.3(b)). 2. By, errens under the tele Land erty Registration
, . D t A), ces lands o 12).
0: What is "Ceffificat f ArfceiStral Lands Title"? - 7; Note_ The optiorao e under the nd Act or under the
ANS: It refers tate title brmallyrcogeizing, the, rights of ver their ancestral Property Registrati ised within 20 years from the approval of
lands (RA. 8371, s' c. 12, par 3).
R.A. 8371, or from 0 °Der 2
?-. . -
Q: What is "ancestra ornains, a Certificate of Ancestral
0: What is the effect
ANS: Ancestral domains,, efefit4 all areas Ageqerat ing to ICCs/lPs comprising Land Title?
lands, inland waters, coastal ad and ntJr lteso)gc therein, held under a claim of
ownership, occupied or posse
ANS: The application ç nce of a Certificate of Ancestral Land Title pending
IC:CsliPS, by themselves or through their before the NCIP is akin to stration proceeding. It also seeks an official recognition
ancestors, communally or individually since time immemorial continuously to the
of one's claim to a particular land and is also in rem. The titling of ancestral lands is for
present except when interrupted by war, force majeure or displacement by force, deceit, the purpose of "officially establishing" one's land as ancestral land. Just like a
stealth or as a consequence of government projects or any other voluntary dealings registration proceeding, the titling of ancestral lands does not vest ownership upon the
entered into by government and private individuals/corporations, and which are applicant but only recognizes ownership that has already vested in the applicant by
necessary to ensure their economic, social and cultural welfare. It shall include ancestral virtue of his and his predecessor-in-interests possession of the property since time
lands, forests, pasture, residential, agricultural, and other lands individually owned
immemorial (Lamsis V. Dong-E, G.R. No. G.R. No, 173021, Oct. 20, 2010).
whether alienable and disposable or otherwise. hunting grounds, burial grounds,
worship areas, bodies of water, mineral and other natural resources, and lands which
R.A. NO. 7279, URBAN DEVELOPMENT AND HOUSING ACT OF1992
may no longer be exclusively occupied by ICCs/lPs but from which they traditionally had
access to for their subsistence and traditional activities, particularly the home ranges of Q: What is "socialized housing?"
ICCs/IPs who are still nomadic and/or shifting cultivators (R.A. 8371, Sec. 3(a)). ANS: "Socialized housing" refers to housing programs and projects covering houses
and lots or homelots only, or residential condominium units undertaken by the
Q: What is a "Certificate of Ancestral Domain Title"? government or the private sector for the underprivileged and homeless citizens which
ANS: It refers to a title formally recognizing the rights of possession and ownership of shall include sites and services development, long-term financing, liberalized terms on
ICCs/lPs over their ancestral domains identified and delineated in accordance with this interest payments, and such other benefits in accordance with the provisions of this Act
law (R.A. No. 8371. Sec 3(c)) (PA 7279, otherwise known as the Urban Development and Housing Act of 1992. Sec.
3(r) as amended by R.A. 10884).
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Q: What is the coverage of the Urban Development and Housing Program? ownership in fee simple but shall include lease, with option to purchase, usufruct or
ANS: The Program shall cover all lands in urban and urbanizable areas, including such other variations. A scheme for public rental housing may be adopted (R A. 7279,
existing areas for priority development, zonal improvement sites, slum improvement and as amended by R.A. 9397, Sec. 12).
resettlement sites, and in other areas that may be identified by the local government
units as suitable for socialized housing (R.A. 7279. Sec. 4). Q: What is the limitation imposed on beneficiaries of lands for socialized
housing?
Q: What lands are exempted from the coverage of R.A. 7279? ANS: No land for socialized housing, including improvements or rights thereon, shall
ANS: The following lands are exempt from the coverage of R.A. 7279: be sold, alienated, conveyed, encumbered or leased by any beneficiary of this Program
1. Those included in the coverage of R.A. 6657, or the Comprehensive except to qualified Program beneficiaries as determined by the government agency
Agrarian Reform Law; concerned.
2. Those actually used for national defense and security of the State;
Should the beneficiary unlawfully sell, transfer, or otherwise dispose of his lot or
3. Those used, reserved, or otherwise set aside for government offices,
any right thereon, the transaction shall be null and void. He shall also lose his right to
facilities, and other installations, whether owned by the national government,
the land, forfeit the total amortization paid thereon, and shall be barred from the benefits
its agencies and instrumentalities, including GOCCs, or by local government
under this Act for a period of ten (10) years from the date of violation (R.A, 7279, Sec.
units;
14).
4. Those used or set aside 4aIks,4eserves for flora and fauna, forests, and
watersheds, and tlier are rec s 4Q,maintain ecological balance or
Q: Who are eligible beneficiaries ialized housing program?
environmental etbte ram, a beneficiary:
ANS: To qualify for the socialize
5. Those acteally„ arid pri heritable, or educational 1. Must be a Filipino ci
purposes( cultu)al are historical sites. d health centers, and 2, Must be an underprivileig meless citizen as defined in Section 3 of
cemetedeS14,03giKerial-Partt7"---
„ this Act;
Note: These exemellb9s shall not apply- .When the purpose of the 3. Must not own an reel pr or rural areas; and
abovementioned lands 'as c6sed to exiStfR.A' 7279, 4. Must not b fofessional s of squatting syndicates
• -- . (RA. 7279. ec 16)
0: What pnorkstratild be observed in acquiring la ds forpcalipd housing?
ANS: Lands fi)r sodiolized hdusing shall be acquired i ' the foil
Note: "Underprivilege lets cit ns'' refers to Is or families residing
der: in urban and urb whose me or corr sehold income falls
or rgenties,
1. Thpsoerrwded by the govemment or any of ts...subdi
insitkiipg govemmen
their sebtihianee- -
instrumentalities,
rporations and
within the pov
Authority and
as defined ; the Nation
n housing f ties, in
and Development
lye in makeshift
dwelling units
Alienable la\ ds of thepoblic dorriain„, „\Ly
3 Unre'gisterec*cr abandoned and idie apdcr"
Q: When may the Qn an0 de
4. Those\ within\the ,for fiorlty evelopment, Zonal ANS: Eviction or dènolition* a practic discouraged. Eviction or demolition.
Improvdipent Pkiwarn..:SiteS; ,Slurn 0111grover nt and Resettlement however, may be allowçj r the folio
Program tikes whlciftravetieofyet'beerr,tfcquiret ,
1. When persct,s or elti.tlesoceup k such as esteros, railroad
5. Bagong Lipanari_treprb)feriTe7frZf-Sites'ak,S°•yvices or BLISS sites which
tracks. garb e duqps, riverbanks, shorelines, waterways, and other public
have not yet bebn-acqUired;
places such asji.do,. alks, roads, parks, and playgrounds;
6. Privately-owned lar7a.s, (R..4, See-9)". 2. When govemmek illfrastructure projects with available funding are about to
be implemented; or
Q: How are lands for socialized housing acquired?
3. When there is a court order for eviction and demolition (R.A. 7279, Sec. 28).
ANS: The modes of acquiring lands for purposes of this Act shall include, among
others, community mortgage. and swapping, land assembly or consolidation, land Note: In executing court orders for eviction, only the local government unit concerned
banking, donation to the Government, joint-venture agreement, negotiated purchase, and the NHA have the obligation to relocate the persons evicted under Sec. 28(c)(8).
and expropriation; Provided, however, That expropriation shall be resorted to only when Private persons who succeed in an ejectment suit against squatters are under no
other modes of acquisition have been exhausted (R.A. 7279, Sec. 10). obligation to relocate them (Galay v. CA, G.R. No. 12013Z December 04. 1995).
Note: Lands owned by small property owners are exempt from the mode of
expropriation (RA. 7279, Sec. 10). "Small property owners" refer to those whose only aseartiollokoilikwoi*• 1 32 V;;:e
feal property consists of residential lands not exceeding 300m2 in highly urbanized cities Q: Who may acquire private lands?
and £300m2 in other urban areas (R.A. 7279, Sec. 3(q)). ANS: The following may acquire private lands:
1. Filipino citizens;
Q: How are lands acquired for socialized housing disposed of to beneficiaries? 2. Corporations and associations 60% of whose capital is owned by Filipino
ANS: The National Housing Authority (NHA), with respect to lands belonging to the citizens (Ad. XII, Sec. 2);
National Government, and the local government units with respect to other lands within 3. Aliens but only by hereditary succession (Art. XII, Sec. 7); and
their respective localities, shall coordinate with each other to formulate and make 4. A natural-born citizen of the Philippines who has lost his Philippine
available various alternative schemes for the disposition of lands to the beneficiaries of citizenship (Art. XII, Sec. 8).
the Program. These schemes shall not be limited to those involving transfer of
Q: Who may acquire or hold lands of the public domain?
San Bede
CIVIL LAW I
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/ BOOK
4<el
Particulars Provision under BP 185 R.A. 7042, otherwise known as
ANS: Filipino citizens can both "acquire or "hold" lands of the public domain. Filipino
(RP. 185, Secs 2. 3) "Foreign Investments Act of
corporations cannot acquire lands of the public domain, but they can "hold" such lands
1591." as amended by
by modes other than acquisition, such as lease (BERNAS, The 1987 Constitution of the
R.A. 8179, Sec. 10
Philippines (2011), 474, [hereinafter BERNAS, Constitution)).
As to Land In the case of married In the case of married couples, one
INDIVIDUALS Acquisition couples, one of them may of them may avail of the privilege
Q: Who are qualified to acquire agricultural lands in the Philippines? of spouses avail of the privilege herein herein granted: Provided, That if both
ANS: Only Filipino Citizens can acquire private or public agricultural lands (CONST , granted; Provided, That if shall avail of the same, the total area
Art. XII. Sec. 7). both shall avail of the same, acquired shall not exceed the
the total area acquired shall maximum fixed.
Q: What are the exceptions to the rule that only Filipinos can acquire private not exceed the maximum
lands? fixed.
ANS: The following are the exceptions:
As to In case he/she already owns In case he/she already owns urban
1. In case of hereditary succession, aliens may be a transferee of private lands
Additional urban or rural land.s, for or rural lands for business purposes,
(CONST, Art. XII, S90.-71----
Land residential purpose /she he/she may acquire additional urban
2 A natural-born_ etizen of the Philippin seio has lost his Philippine
Acquisition may acquire ad ' an or rural lands, which when added to
citizenship may be ;a".,,transfer...ew of pfivafe lagOs subject to limitations
or rural lands, en those he/she presently owns shall
provided bylaw (CONSTA-rt:Xli:' Sec-19-
added to t he not exceed the authorized maximum
Q: What are the staqtory -Conditions imposed on-a riturapb4n Filipino who has presently owns •
exceed 111e
lost his citizenshipY ,BP 185 and RA 7044 as amen eU,by' RA 8179, to acquire
private lands?i i maximum area.
(
ANS: The following..arei the o4n
, ditions: —
As to Limits A pe n may aeitir not A personf4yIcquire not more than
f

R.A. 7042, otherwise known as to more a of2Y lots ich two (2) Os whlçh should be situated
Particulars Provision under BP 185
Acquisition nitl
dd i , Otedt di rent in der nt m .icipalities or cities
(B.F. 185, Secs. 2, 3) "Foreign Investments Act of
of Land nicipi es es anywh re inithe Ppilippines, provided
1991," as amended by
RA. 8179, Sec. 10
.t:
nr4 in the Philip th e ar ese lots do not
proVideell t thtt,p,tal a r of ex eters for urban
As to A forrher natifral-laorn citizen A former naturaktorn citizen with These45ij do ndi e land o hectares for rural
Maximum 'with caPecity to enter into" a I, capacity to en jr into a contract q eters/for 1.e• an land for business purposes.
Land Area contract una, r Rhitippine,kaws unde PhiIlpp!p laws may be a larts 9r on (1) hecta transferee who has already
my4e a tran fekreot - tra fer9ept rural for us ed urban land shall be
ri l‘did",ft<imurn-"o 1., ben nd- Maximum of 5,000 resideire.- from acquiring rurai land
1.000'sguareimeters,; or , ,,. e meters An indklual has already and vice versa However, if the
2 Rural larld,*444x,rdrnl- o'' f 2 ural land- Maximum of three (3) acquir c,lak land shall be transferee has disposed of his urban
one (1) hectare -- hectares. disqualified' from acquiring land, he may still acquire rural land
rural land and vice versa. and vice versa, provided that the
As to Use of For establishing residence Land acquired under this Act shall be same shall be used for business or
Land only primarily, directly and actually used other purposes (1RR of R.A. 7042 as
by the transferee in the performance amended by R.A. 8179, Rule XII,
or conduct of his business or Sec. 4).
commercial activities in the broad A transferee of residential land
areas of agriculture, industry and acquired under Batas Pambansa Big.
services, including the lease of land, 185 may still avail of the privilege
but excluding the buying and selling granted under this law.
thereof. A transferee shall use his
land to engage in activities that are
CI: What is the effect of a subsequent sale by the disqualified alien vendee to a
not included in the Negative List or in
qualified Filipino citizen?
those areas wherein investment ANS: Jurisprudence is -consistent that if land is invalidly transferred to an alien who
rights have been granted to him
subsequently becomes a citizen or transfers it to a citizen, the flaw in the original
under this Act (RR of RA. 7042 as
transaction is considered cured and the title of the transferee is rendered valid (Halili v
amended by R.A. 8179). CA, GR No. 113539, March 12, 1998).
 CIVIL LAW I
San Bede Law-ROC Bar Operations Center um

Q: Does the area limitation under RA No. 7042, as amended, apply to a natural-
BEDAN RED BOOK
Voiume I I Series of 2020121

0: What is the rule on private corporations acquiring private lands?

<4:11
born Filipino citizen who has lost his citizenship but who has "re-acquired" the ANS: There is no constitutional prohibition against private corporations acquiring private
same under the terms of RA No. 9225? lands (Director of Lands v. IAC, G.R. No. 73002, December 29, 1986).
ANS: No. Philippine citizens who become citizens of another country shall be deemed
not to have lost their Philippine citizenship under the conditions of this Act. Those who 0: What is the requirement for corporations to acquire or hold private lands?
retain or re-acquire Philippine citizenship under this Act shall enjoy full civil and political ANS: At least 60% of the corporation's capital must be owned by Filipino citizens (Art.
rights and be subject to all attendant liabilities and responsibilities under existing laws of XII, Secs, 2, 3, & 7).
the Philippines R.A. 9225, otherwise known as "Citizenship Retention and Re-
Note: No law disqualifies a person from purchasing shares in a landholding corporation
acquisition Act of 2003." Sec. 2, 5).
even if the latter will exceed the allowed foreign equity. What the law disqualifies is the
corporation from owning land. Thus, what is affected is only the capacity of the
Q: Are the statutory conditions under B.P. 185 and R.A. 7042, as amended by R.A.
corporation to own land (J.G. Summit Holdings Inc. v. Court of Appeals, G.R. No.
8179, applicable to aliens who acquire lands by hereditary succession?
124293 (Resolution). January 31, 2005).
ANS! No. The statutory conditions are only applicable to natural-born Filipino citizens
who have lost their citizenship Thus, aliens who acquire lands by hereditary succession
Q: What is the rule on a corporation sole acquiring and registering private
can inherit the land regardless of its size and purpose.
agricultural land?
ANS: It may acquire and register privatelagricultural land It has "no nationality", thus
Q: What is the rule on lease,ofiSeivatelands4o., et‘?
the constitutional proscription against,piltate corporations acquiring agricultural lands
ANS: A lease to an alierfor a4asorble pq0clis yai• So is an option giving an
will not apply (Roman Catholic ‘4, Administration of Davao. Inc. v. Land
alien the right to buy 'real tha e is granted Philippine
Registration Commission. G.R. Na.1.4;' 451 cember 20, 1957).
citizenship. ,, .L: • -,
Exception: If therp are„cliptirristanceS—atrandant«Ig n of the contract of
lease which are e4d--aS,A scheme- to circumvent thp coQtiØoal prohibition If an b-rd14:101:44A4*G '1$10tION
alien is given not onlyIeeasa of, but.also'an option to tbuy, piece •f land, by virtue of 0: Which court has jurisdiction over original registration eedings?
which the Filipino owne cannot sell or otherwise dispoSe of op rty, this to last for ANS: The Court of Fi t instance (RoW ttle Regional Trial rt, as land registration
50 years, the iira.n-geMent is a veuartranster of oWn-elship 1ee j e owner divests court) shall have the excllisir jurisdiction ker all applicati original registration of
himself in stageS-not Only of he rr igiit'to enjoy the land (jus i, jus utendi, jus title to lands, includiOimppiernents an interest there ver all petitions filed
fruendt. and jus abutelldi) -..- rights, the sum of which njake up p (Llantino v. Co after original re 'lion of title, with pow4'..to hear and all questions arising
Liong Chong, G.g41d„ 2966, Aug 20;4990), upon such ap ntons owtitions (P 0 1 29, Sec. 2).
0: What is theurel Ori\ foreigners, purchasing ccht ciminiu unit"? WHO MAY AP Y
ANS: R.A. 4724 provides that,po' ndontiniupt eilt r . can be sold ithout at the same
time selling the 'corresponding ,,arrte, rightS; shar or other interests in the Q: What are the lit :govertitog lead re tration?
condominium matiagement‘bpdy,, the -O9rtdOrnin‘katn C °ratio and no one can buy ANS: The followingere the Itirs governing .stration:
shares in a Condomilkium CorPorObri-WithOut atlh arne41mibuying a condominium 1. P.D. No. 1529,,orthe Property, 4‘ct,
unit (R.A. 4726, Sec. 5)!,4,t,e4.. 1.,91ibliows-ferellner%9cqufle condominium units and 2. C.A. No. 141 or the Public
shares in condominium '4, ,rporayons 92 40 'o .mo than 40% of the total and 3, Act No. 2259 or the,cadastral Act,
outstanding capital stock of liQino-owhed-o)Detf6lled corporation. Under this set 4. R.A. No. 8374, oithe Indigenous Peoples Rights Act (IPRA)
up, the ownership of the land is legargep'grated from the unit itself. The land is owned
by a Condominium Corporation and the unit owner is simply a member in this Q: Who may apply for original registration under P.D. No. 1529? OPAO)
Condominium Corporation. As long as 60% of the members of this Condominium ANS: The following may apply for onginal registration.
Corporation are Filipino, the remaining members can be foreigners (Hulst v. PR 1. Those who, by themselves or through their predecessors-in-interest, have
Builders, Inc., G.R. No. 156364, Sept. 25, 2008). been in Open, continuous, exclusive and notorious possession and
occupation of alienable and disposable lands of the public domain under a
CORPORATIONS bona fide claim of ownership since June 12, 1945, or earlier;
2_ Those who have acquired ownership of private lands by Prescription under
Q: What is the rule on private corporations holding alienable lands of public the provisions of existing laws;
domain? 3. Those who have acquired ownership of private lands or abandoned river
ANS: Private corporations or associations may not hold such alienable lands of the beds by right of Accession or accretion; and
public domain except by lease, for a period not exceeding twenty-five years, renewable 4. Those who have acquired ownership of land in any Other manner provided
for not more than twenty-five years. and not to exceed one thousand hectares in area for by law (P.O. No. 1529, Sec. 14).
(CONST . Art XIL Sec. 3).
Note: The option under Section 12 shall be exercised within 20 years from the approval
Note: The prohibition in the Constitution applies only to ownership of land. It does not of R.A. 8371, or from October 29, 1997 (R.A. 8371, Sec. 12, par. 3).
extend to immovable or real property as defined under Article 415 of the Civil Code (J.G.
Summit Holdings Inc. v. Court of Appeals,. G,R. No. 124293 (Resolution), January 31,
2005),
 CIVIL LAW I
San Bede Law-RGCT Bar Operatons Center NE
Q: What is the distinction between judicial legalization or confirmation of
imperfect title and administrative legalization (free patent)?
ANS: In judicial legalization or judicial confirmation, the applicant "already holds an
imperfect title to an agricultural land of the public domain after having occupied it from
June 12, 1945 or earlier." On the other hand, the applicant of a free patent does not
claim that the land is his or her private property but acknowledges that the land is still
part of the public domain (Taar V. Lawan. G.R. No. 190922, October 11, 2017)_
Q: Who may apply for original registration under IPRA?
ANS: Individual members of cultural communities who by themselves or through their
predecessors-inanterest, have been in;
1. Continuous possession and occupation of the same in the concept of owner
since time immemorial: or
2. For a period of not less than thirty (30) years immediately preceding the
approval of this Act and uncontested by the members of the same ICCs/lPs
shall have the option to,,seoure_tille to their ancestral lands under the
provisions of CommonWealth Act 141,a ended, or the Land Registration
Act of 496 (R.,4(337t,,S,ec. ,2). t\,, :
Q: Who are member* of Iridigen6Us Cultural C nhiesl,n.1ligenous Peoples?
ANS: It refers to "group.tif people brribmog elbcie s identified by self-
ascription and asfription Votrer, who haVe continuo ly ganized community
on communally bogidedranckciefined territory; and 4 hyef since time immemorial,
occupied. posstssed and utilized such territories. sharing co 4 'N,Mort.' iJonds of language,
customs and tr clitidnef and oiFie-r-disfirictiVe CUTfurart its (R.A NO .8511 Sec 3(h)).
' 1
REGISTRATIO pReqESS AND REQUIREMENTS • '
t alienable and gispasable,,apd (b) was a
Q: What is the pr:OCedureirt-ordinam-land registration *I-ogee:dings under PD
' Jabson, G.R.d0;'200223,-Ae 6:-.4118)
1529? (SAHT-RN&IP'ipERT);
ANS: The prodedure irkordih*A d registration proceedings is as 011ows:
1. Survey of the, land .Pe. Land..IVIanage'ment'Bureau:or a duly licensed
private surveyor • disposable before an applicant's posse I ion and occupation could even start?
2 Filing of ,4.pplicafion;for:.Registration by/ the\„applicant at the RTC of the
province, City or.mt.intapatiiy.whereahe PmpertYisigituated (P.D. 1529, Sec.
17):
3. Setting of date fdrinitial Hearing 1)y•the
4. Transmittal of Application and date Of initial hearing together with all
documents or other pieces of evidence attached thereto by the Clerk of
Court to the Land Registration Authority;
5. Publication of Notice of Filing of Application and date and place of hearing
once in the Official Gazette and once in a newspaper of general circulation
in the Philippines:
6. Service of Notice upon contiguous owners, occupants and those known to
have interest in the property by the sheriff (P.O. 1529, Sec. 23):
7. Filing of Answer or Opposition to Application by any person whether named
in the notice or not (P.D. 1529. Sec. 25);
8. Hearing of the case by the court (P.D. 1529, Sec 27):
9. Promulgation of judgment by the court (P.O. 1529, Sec 28-30),
10. Issuance of Decree or order by the court declaring the decision final and
instructing the Land Registration Authority to issue a Decree of Confirmation
and Registration 'P.O. 1529 Sec, 30, par. 2, 39),
11. Entry of Decree in the Land Registration Authority (P.D. 1529, Sec 39):
12. Sending .of copy of Decree to the corresponding Register of Deeds (P.O.
1529, Sec. 39-40); and
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13. Transcription of Decree in the registration book and issuance of Owners
Duplicate Original Certificate of Title of the applicant by the Register of
Deeds upon payment of the prescribed fees (P.O. 1529, Sec. 41-42).
0: What are the requisites for registration of land under P.D. 1529, Sec. 14(1)?
ANS: To successfully register land, the applicants must establish:
1. That the subject land forms part of the disposable and alienable lands of the
public domain:
2. That the applicant and his predecessors-in-interest have been in open.
continuous, exclusive and notorious possession and occupation of the land;
and
3. That it is under a bona fide claim of ownership since June 12, 1945, or
earlier (Republic v. Mal(an-Javier, G.R. No, 214367, April 4, 2018).
Q: How may the applicant prove that the land rorms part of the alienable and
disposable lands of the public domain?
ANS: The applicant must establiskt ence of a positive act of the government to
prove the alienable and disposable f the land, such as:
1. A presidential proclantitsp,A*:
2. An executive order `^ 1
3. An administrative action:
4. Investigative reports,,of and
5. A legislative actor statute R ublic v J s R No 200223, June 6.
2018).
I
Note: A PENRO/CENRO certificztion'alo is not sufficieftt 4nd•must be accompanied
by a copy of the origirlal'claSS)fitation, ce ed as a true pop by he legal custodian of
the official recorde'whichf (à) released e subject !And f the public domain as
ved by the' DE R Secretary (Republic v
Q: is it necessary that the subject t ,d be first classified as alienable and
ANS: No. Sec 14 (1) merely requires tha sought to be registered as already
alienable and disposable, atihe time, e e • .tration of the title is filed. If
the State at the time th"i applicagon is made, has not yet deemed it proper to release
the property for alienation or disposition, the presumption is that the government is still
reserving the right to utilize the.property; hence, the need to preserve its ownership in
the State irrespective of the length of adverse possession even if in good faith.
However, if the property has already been classified as alienable and disposable, then
there is already an intention on the part of the State to abdicate its exclusive prerogative
over the property (Republic v. Court of Appeals and Na gulf, G.R. No. 144057, Jan. 17,
2005).
Q: Are all government lands, public lands?
ANS: No. "Government land" and "Public land" are not synonymous terms; the first
includes not only the second, but also other lands of the government already reserved
or devoted to public use or subject to pnvate right. In other words, the government owns
real estate which is part of the 'public land" and other real estate which is not a part
thereof (Montano v. Insular Government, G.R. No. 3714, Jan. 26, 1909).
REMEDIES
0: What are the remedies available to an aggrieved party to question the validity
of the judgment in a registration case? (NARP-RADC-ARQS)
ANS: An aggrieved party has the following remedies to question the validity of the
judgment in a registration case.
 CIVIL LAW I
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4.
<4:1
A person who buys and not from the registered owner but from one whose
1 New Trial (RULES OF COURT, Rule 37);
2. appeal (P.D. No. /529, Sec. 33); right to the land has been merely Annotated on the Certificate of Title
3. Relief from judgment (RULES OF COURT, Rule 38); (Quiniano v. CA, G.R. No. L-23024, May 31, 1971);
4. Petition for Review (P.D. No. 1529, Sec. 32); 5. Purchaser of land where the certificate of title contains a notice of Lis
5, Action for Reconveyance (P.0 No. 1529, Sec. 53), pendens; and
6. Action for Compensation from Assurance Fund (P.O. No 1529, Sec 95); 6. Purchaser with full Knowledge of flaws and defects in the title (Lu v.
7. Action for Damages (RD. No. 1529, Sec. 32); Manipon, G.R. No. 147072, May 7, 2002),
8. Cancellation Suits (PD. No. 1529);
9 Annulment of Judgment (B.P. Big. 129, Sec 9(2)) Q: Who may bring an action for compensation from the assurance fund?
10. Reversion Suits (C.A. No. 141, Sec. 101); ANS: To validly effect an action against the Assurance Fund, it is a condition sine qua
11. Quieting of Title (CIVIL CODE, Art 476); and non that the person who brings the action for damages against the Assurance Fund be
12. Criminal Suit (Act No. 496, otherwise known as Land Registration Act, Sec. the registered owner and, as the holders of transfer certificates of title, that they be
116) innocent purchasers in good faith and for value (Eagle Realty Corporation v. Republic of
the Philippines, G.R. Na 151424. July 4, 2008).
Q: What is "extrinsic fraud"?
ANS: Extrinsic fraud refers to any.yauclulantAct of the successful party in a litigation Q: What are the requisites for bringing an action against the Assurance Fund?
which is committed outside thei,tria't of ai case egalitst,the defeated party, or his agents, (LoNCoB) • -t
attorneys or witnesses. whereby,)aid defeated partylsOreyented from presenting fully ANS: The requisites before one Icla gainst the Assurance Fund are
and fairly his side of the of frOu5I,44. ground for a petition for 1. The individual must s or damage, or the individual is deprived of
review (Sterling Investment CoRdration v. Ruiz, G'ANNo. L-,3069,1, October 31, 1969) land or any estate or iler
Note: The damage oen)tign udulent acquisition of a
0: Who is an "innocent plirc4-ser for value"? certificate of title .by another ny operty has been further
ANS: A purchaser ini'gribd faith and for ;ialue-ls one who byys the*yroperty of another registered in .me name of an innocent purcha for value will the loss,
without notice that some other person has a right to 'or intardstfin such property and damage, or deprivation b ensable under t surance Fund.
pays a full ancyapriCe for the same, arth-e- fiffd -ofluch pulkefj.ase,Aor before he has
2. The individual qust,not be Ne ent. I
notice of the clarriis-orinterest of Some other pergon in the property. Under Section 32 of
3 The loss,:damagei r depnvat is the Conse4ue2ce Of either (FE)
P.D. 1529, the. definition of an innocent purchaser fkr valuel has-biten expanded to
a ,‘j,,F6udulent registration er the To 'ens f system after the land's
include an inqo'cent lessee, mortgagee, or otherffpurilbraecer rof value (Heirs of
nionginalAis,tration, or
Macalalad v. Rrip. ale ofFalaXInc , G.R.: No. 200809; ..Whe 2., 213 . 1$)
nY"ErnaeOMissionprnist , or miss 4 411 y certificate of title
or in ancr tty or rifernor um in the r ittrWion ook,
Q: What is the "rnirror'doctrine"?\ 4. The indiViduarrriAt be Barred otherwise precluded under the provision of
ANS: The mirror'idoctrine,providWitiat-qery' person dealfng withiegistered land may
any law from bringIng an actio covery of such land or the estate or
safely rely on the oo' rrectness,.ofttie‘66.:rtificale- of4itle issued th5refor and is in no way
interest thereWSPouses Register of Deeds for Legazpi
obliged to go beyonkthe cerfificale td-detertnine,th(citieditiori of the property (Dy v
City, G R. 47224678,41ply,32
Aldea, OR. No. 21951A,,Atligk49,.201'79,
4
0: What are the groundkforreversion? (VP-FC)
Q: Who may invoke the mirror-dOctrine? ; ANS: The following are gitItiniis for reversion:
ANS: Only an innocent purchase7°Tilr- VbT may invoke the mirror doctrine. Every 1. Violations of Sections 118, 120 121, 122 and 123 of C A No 141,
registered owner and every subsequent purchaser for value in good faith holds the title
2. When land Patented and titled is not capable of registration,
to the property free from all encumbrances except those noted in the certificate. As
3. Failure of the grantee to comply with conditions imposed by law to entitle
such, a defective title, or one the procurement of which is tainted with fraud and
him to a patent or grant;
misrepresentation — may be the source of a completely legal and valid title, provided
4. When land is acquired in violation of the Constitution (AQUINO, Land
that the buyer is an innocent third person who, in good faith, relied on the correctness of
Registration and Related Proceedings, (2007) 155-158) thereinafter
the certificate of title, or an innocent purchaser for value (Dy v. Aldea, G.R. No. 219500,
AQUINO. Land Registration)).
August 9, 2017).
CADASTRAL REGISTRATION
Q: Who may not invoke the mirror doctrine? (BF-BALK)
ANS: The following may not invoke the mirror doctrine: 0: What is "cadastral registration"?
1. Purchaser in Bad faith (Egao v. CA, G.R. No. 79787, June 29, 1989), ANS: It is a proceeding in rem, initiated by the filing of a petition for registration by the
2. Financing institution e.g. GSIS (Dela Merced v. GSIS, G.R. No. 140398, government, not by the persons claiming ownership of the land subject thereof, and the
September 11, 2001); latter are, on the pain of losing their claim thereto, in effect compelled to go to court to
3. Banks, as their business is one affected with public interest (Heirs of make known their claim or interest therein, and to substantiate such claim or interest
Macalalad v. Rural Bank of P0/a, Inc.. G.R. No. 200899, June 20, 2018), (AQUINO, Land Registration, supra at 99).
 CIVIL LAW
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Q: What is the nature and purpose of cadastral proceedings?

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E.- SUBSEQUENT REGISTRATION

<CI
ANS: Under the cadastral system, pursuant to the initiative on the part of the
government, titles for all the land within a stated area are adjudicated whether or not the Q: What are the matters addressed in subsequent registration proceedings?
people living within the area desire to have titles issued (AGCAOIL1, Property ANS: An owner of registered land may convey, mortgage, lease, charge or otherwise
Registration, supra at 390) deal with the same in accordance with existing laws. He may use such forms of deeds,
mortgages, leases or other voluntary instruments as are sufficient in law. But no deed,
Q: What is the procedure for cadastral registration? (N2SP2AHDI) mortgage, lease, or other voluntary instrument, except a will purporting to convey or
ANS: The procedure for cadastral registration is as follows: affect registered land, shall take effect as a conveyance or bind the land, but shall
1 Notice of Cadastral survey published once in the Official Gazette and posted operate only as a contract between the parties and as evidence of authority to the
in conspicuous place: copy furnished mayor and barangay captain (P.O. Register of Deeds to make registration (PD 1529, Sec. 51).
1529. Sec. 35(b));
2. Notice of Date of survey by the Land Management Bureau and posting in VOLUNTARY DEALINGS
bulletin board of the municipal building of the municipality or barrio, and Q: What are the kinds of voluntary dealings?
shall mark the boundaries of the lands by monuments set up in proper ANS: Voluntary dealings pertain to conveyances, sale, transfer, mortgages leases,
places thereon; agency to sell, trust with power of sale (P.O. 1529, Sec. 51).
3. Cadastral Survey (P.D 1529„ggs, 35(c)),
4, Filing of Petitior. 529,riSeci CI: How is conveyance or encum n the land effected?
5 Publication, mailing, and poking . ANS: The act of registration sha perative act to convey or affect the land
-• • is_
Note: Putql ion „No14ce-of-4nit- 14He rtng be published twice in insofar as third persons are conce 529, Sec. 51)
successOkissAs- rthe Official C4n7ett N 9, Sec. 35(b)).
- Q: What is the effect of register gister of Deeds?
6. Filing tn r S129, Se.c73
-7-)
7. Hee th ANS: The act of registration II persons from the time
8. D on; alp of such registering, filli
9. Iss ance„of Decria•andCertificate-cf Title _D. 1 38).
• Q: What are the requirëmets in the pr. ss of registr. io ib voluntary dealings?
and cadastral (DOR) •
Q: Distinguiih 4ween ordinary registration proceedin
proceedings. ANS: The recvprnents ar aWollo‘ia;
ANS: The di ncti areas 1. D • s c.onve. ances, endim ces discr rgeS pov rs of attorney and
oti voluetár tnstruQnts, ther r or unregistered
ORDINAR ROCEEDiNGS i• • II AlTrukt. rROCEEDING
land which,,
Ordinary Registration Cadastral Proceeding a. e law in the form of public instruments;
Proceeding b. signe, by th sons executing the same in the presence of
at leasktwo
As to nature Volu rY ortaulssirc c. two wi
of d. acknoedgme .i the ree act and deed of the person or persons
registration execut -.Met me before a notary public or other public officer
authorized lb.rtiv.i to take acknowledgment (P.O. No. 1529, Sec. 1/2),
As to Landowner The Government (Director of 2, Presentation of Owner's duplicate certificate (P.O. No. 1529, Sec. 53); and
applicant Lands through the Solicitor 3. Full Payment of required registration fees (P.O No. 1529, Sec. 111).
General

Landowners must come to court Q: Distinguish Voluntary from Involuntary Dealings.

As to Applicant and oppositor
as claimants of their own lands. ANS: The differences are.
parties
VOLUNTARY DEALINGS vs. INVOLUNTARY DEALINGS
• As to Petitioner comes to court to confirm Government asks the court to
Voluntary Dealings Involuntary Dealings
purpose his title and seeks the registration settle and adjudicate the title of
of the land in his name. the land. As to Refer to deeds, instruments, or Refer to such writ, order or process
If none of the applicants can ccnccpt documents which are results of issued by a court of record affecting
As to effect No adverse claim; if the applicant
prove that he is entitled to the the free and voluntary acts of registered land which by law should
of judgment fails to prove his title, his
land, the same shall be declared the parties thereto be registered to be effective, and
application may be dismissed
public (res judrcata) (Navarro V. also to such instruments which are
without prejudice (no res ludicata)
riot the willful acts of the registered
(Vda. De Villanueva v, CA, G.R. Director of Lands, G.R No, L-
18814, July 31, 1962). owner and which may have been
No. 117971, February 1.2001)
executed even without his knowledge
(NOBLEJAS, Land Titles and Deeds (2007), 77 [hereinafter NOBLEJAS, Land Titles or against his consent
and Deeds1).
 Sale;
Real property mortgage;
1. Attachment:
CIVIL LAW
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2.
3
<is
Such right arose Subsequent to the date of original registration; and
No other provision is made in the Decree for the registration of such right or
2. Mandamus;
3 Lease: 3. Sale on execution of judgment or claim (P.D. 1529, Sec 70, par, 1).
4. Pacto de retro sale; sales for taxes;
5 Extra-judicial settlement; 4. Adverse claims: Q: What are the formal requisites of an adverse claim for purposes of
6. Free patent/ homestead; 5. Notice of !is pendens; registration? (WSR)
7. Powers of attorney; and 6. Expropriation; ANS: The formal requisites for an adverse claim to be registered are.
8 Trusts. 7. Forfeiture; and 1 Adverse claimant must state the following in Writing:
8. Auction sale on foreclosure of a. His alleged right or interest:
mortgage. b. How and under whom such alleged right or interest is acquired;
c. The description of the land in which the right or interest is claimed; and
An innocent purchaser for value Entry thereof in the book of the d. The certificate of title number.
of registered land becomes the Register of Deeds is sufficient notice 2. Such statement must be Signed and sworn to before a notary public; and
registered owner the moment he to all persons even if the owner's 3. Claimant shall state his Residence or place to which all notices maybe
presents and files a duly duplicate certificate of title is not served upon him (PD. 1529, Sec. 70, par. 2).
notarized and valid ci.eifise resented to the Register of Deeds.
Note: Non-compliance with the form. ..uisites renders such adverse claim non-
and the sam entered if th
registrable and ineffective (Lozano eros, GR. NO. 49470, April 8, 1991).
book and he, me time lie
on tti
, p,x...sents-the..
Q: What is the purpose of a not dens?
certificate of
9..larrirsTird- ANS: A notice of /is pendens is constructively advise, or warn, all people
who deal with the property that thpy risk, and whatever rights
(AQUINO, Land on. #upra at 184). ' they may acquire in the pro Arn a subject to the results of
the action (Valderama v 18).
INVOLUNTARY/D 1 GS _
Q: What are 1:1141 luntafy dealings affecting register nder P.D. 1529 Q: When is notice of I den (REQ - CLAP
that must be ripgiste0ed? (ASAN) - ANS: Notice of /islet) n 'roper in t lowing insin
if
ANS: These are \ 1. To Rebover po n of,,fea ate;
1. Att ch ts (PO )1•297Sec.-69)77 - 1 1 2. T tablis right, an eq le estate eresli in, a specific real
2. Salq tat e cutitaKikievy fpr t4eS.or f .assessme
(P l) 1529, 74A\\ 3. To Quiet titj e to.
3. Adve cAairl\(P.ÔS 1529, q 4. To rerhe Clpildi upon Ge tit : hereof;
4 NoticenOfus pe nsr(P- 5 To enfor a bieri chafge, oean encumbrance against it,
6. Any other ce ing of any , u directly affecting the title to the
Q: What is "attachm4nt"?,/ land or the ' ing thereon: and
ANS: Attachment is defiecedeks.4 provisi al rein', which the property of an 7. For Patti° oUlNQ7rand Registration, supra at 220).
adverse party is taken into legi tistody,je,it eref.th mencement of an action or at
any time thereafter, as a secuay'efer-the.satisfebtion of any judgment that may be Q: When is a notice of Iii Sens inapplicable? (RAWELF)
recovered by the plaintiff or any proper party (Ligon v. RTC-Branch 56, Makati City, G.R. ANS: A notice of (is pendens is inapplicable in the following instances:
No. 190028. February 26, 2014), 1. Proceedings for the Recovery of money judgments;
2. Attachments;
Q: What is an "adverse claim"? 3 Proceedings on the probate of W_ ills;
ANS: An adverse claim is a notice to third persons that someone is claiming an interest 4. Administration of the Estate of deceased persons:
on the property or has a better right than the registered owner thereof, and that any 5. Levies on execution; and
transaction regarding the disputed land is subject to the outcome of the dispute 6. Foreclosure (AGCAOILI, Property Registration, supra at 594).
(Saionas v. CA, G.R. No. 102377, July 5, 1996).
Q: When may a notice of Its pendens be cancelled before final judgment upon
Q: What is the purpose of registering an adverse claim?
order of the court? (MAN-DVC)
ANS: It is a notice to third persons that any transaction regarding the disputed land is
ANS: Notice of us pendens may be cancelled before final judgment upon order the
subject to the outcome of the dispute (Valderama v_ Arguelles, G.R. No. 223660, April 2,-
court in the following instances:
2018).
1. When it is shown that the notice is for the purpose of Molesting the adverse
Q: When is a claim or interest adverse? (ASuN) party (P.O. 1529, Sec. 77);
ANS: A claim or interest is adverse when: 2. Where the evidence so far presented by the plaintiff does not bear out the
1 Claimant's right or interest in registered land is Adverse to the registered main Allegations of the complaint;
owner, 3. When it is shown that ills not Necessary to protect the nght of the party who
caused the registration thereof (P.O. 1529, Sec. 77),
ID> 4.
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Where the continuances of the trial are unnecessarily Delaying the

1v3EMott2Fo!ED BOOK
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3. Mangrove Swamps;
determination of the case to the prejudice of the defendant; 4. Foreshore land and Seashore;
5. Upon Verified petition of the party who caused the registration thereof (P.O. 5. Navigable rivers, streams and creeks;
1529, Sec. 77); or 6. Lakes;
6. it is deemed Cancelled after final judgment in favor of the defendant, or T Military Reservations;
other disposition of the action such as to terminate all rights of the plaintiff to 8. Other kinds of Reservations;
property involved (P.O. 1529. Sec. 77, NOBLEJAS, Land Titles and Deeds, 9. Watershed:
supra at 438-439). 10. Grazing lands;
11. Alluvial deposit along river when man-made, and
Q: What are the distinctions between an adverse claim and a notice of Its 12. Previously titled land (AQUINO, Land Registration, supra at 40-47)
pendens?
ANS: The main differences between the two are as follows: (1) an adverse claim VOlitleiNttt
protects the right of a claimant during the pendency of a controversy while a notice of us
pendens protects the right of the claimant during the pendency of the action or litigation' Q: What is the effect of a voluntary instrument not registered under the Torrens
and (2) an adverse claim may only be cancelled upon filing of a petition before the court system?
which shall conduct a hearing on its .validity.while a notice of /is pendens may be ANS: No deed, conveyance, mortgage se, or other voluntary instrument affecting
cancelled without a court hearinq'Wa/derama v Wrgue.Iles, G.R. No, 223660, April 2, land not registered under the Torren shall be valid, except as between parties
2018) thereto, unless such instrument sh en recorded in the office of the Register of
Deeds for the province or city wh lies (P.D. 1529, Sec. 113)
F. NON-REGISTRABLE PROPERTIES Q: How does a voluntary insfil.im g land t registered under the
Q What are "non-leg ' istrable properties"? Torrens system operate as ageinst
ANS: Properties of' public dominion have been describ d erashose which, under ANS: Any recording made4pder Sec paragra II be without prejudice to
existing legislation. are.,hot the subject of private ownership, and ire eserved for public a third party with a betteraight (P.D N 9, Sec. 1/3 (b))
purposes (Republic G.R-No: L43105: August-3A 1984,) •
Q: What is a "better ri t rsif a thirdpaify under Sectio 3 of P.D. 1529?
! • , ANS: This refers . m t have bee uikd by a third party
Q: What are "properties of p . ublic dominion" under the Civit Code r which
independently he unregt,itered de , , for insta titlaby prescription, and
ANS: The foiliming„thtngs-dre,,propertyol public domitiOn:
that it has no.teerence rights acquire nder that ere deed itself (PENA.
1. Those int6ndeci for publie USL u-th s car ls, ivçrs, torrents, ports
Registration • aritt-TitOt . and ds lh and Titles and
andi taidge constructed by the Ste,te: banks, Ahores roadsteads, and
Deeds], 71 & 6
others of sirlar Otieracters
2_ Those, which tOelong to; the „State, w*out bp14g for ublic use, and are Q: What is the nat ster of Deeds in recording the voluntary
intended for s public setvIce• or for tV developfnent of the national instruments?
wealth (Gr. Co 420, ANS: The Register of toes not r quasi-judicial power In the
• registration of sheriffs ificates o sa e, is • u with respect to the notation
Q: Who has the power to.c asstify land into aiig 'aia nd disposable land of the or recording of these in so far at least as relates to unregistered property is
public domain? • • .. •
ministerial only; and the on of such instruments adds nothing to their intrinsic
ANS: Under the 1987 Constitution;the-powertticlassify agricultural lands of the public effect (Pua Hermanos v. Register of Deeds of Batangas, G.R. No. 27449, September
domain into alienable and disposable lands is exercised by law." Such power was 10, 1927).
delegated by law to the following officials:
1. The DENR Secretary- Under the Revised Administrative Code of 1917, Sec.
1827, the DENR Secretary has the power to classify forest land into XIII. TORTS
agricultural land. Under PD. 705 or the Revised Forestry Code, Sec. 13, the
DENR Secretary can in turn classify such agricultural lands into alienable Q: What is a tort?
and disposable lands; and ANS: A tort is a wrong, a tortious act which has been defined as the commission or
2. The President- Under C.A. 141, Sec. 6, the president may classify omission of an act by one, without right, whereby another receives some injury, directly
agricultural lands as alienable and disposable lands of the public domain. or indirectly, in person, property, or reputation (Vinzons-Chato v. Fortune Tobacco
These officials cannot redelegate such power to their subordinates (Dumo v. Corporation, G.R. No. 141309, June 19, 2007). It is an unlawful violation of private right,
Republic, G.R. No. 218269. June 06, 2018). not created by a contract and which gives rise to an action for damages (AQUINO, Torts
and Damages (2016), 1 (hereinafter AQUINO, Torts1).
Q: What are the specific kinds of non-registrable properties or lands?
(FMS-FNL-ROINGAP) Q: What are the elements of tort? (ROW)
ANS: The following are also non-registrable properties. ANS: The elements for a tort to exist are:
1 Forest or timberland, public forest, forest reserves; 1. A legal Right in favor of a person by whatever means and under whatever
2 Mineral lands; law it arises or is created
El> 2.
CIVIL LAW I
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A correlative legal Obligation on the part of another to respect or not to

I BEDAN RED BOOK
Volume i i Series of 2020/21

Note: 'Head of the family' under Art. 2193 is not limited to the owner of the building. It
violate such right; and includes the lessee thereof (Dingcong V. Kanaan, G.R. No. 47033, April 25, 1941).
3 A Wrong in the form of an act or omission in violation of said legal right and
duty with consequent injury or damage (DE LEON, Comments and Cases Q: What is the rule of strict liability of employers?
on Torts and Damages, (2012) [hereinafter DE LEON, Torts), 29). ANS: Owners of enterprises and other employers are obliged to pay compensation for
the death of or injuries to their laborers, workmen, mechanics or other employees, even
4. 'PRiNdiKae "4- though the event may have been purely accidental or entirely due to a fortuitous cause,
if the death or personal injury arose out of and in the course of the employment. The
Q: What is "Abuse of Right"?
employer is also liable for compensation if the employee contracts any illness or disease
ANS: Article 19 of the Civil Code, also known as the 'principle of abuse of right",
caused by such employment or as the result of the nature of the employment.
prescribes that a person should not use his right unjustly or contrary to honesty and
good faith, otherwise he opens himself to liability (HSBC v. Catalan, CR. No. 159590- Exception: If the mishap was due to the employee's own notorious negligence, or
91, October 18, 2004). voluntary act, or drunkenness, the employer shall not be liable for compensation (CIVIL
CODE, Art, 1711).
Q: What are the elements of abuse of rights'? (LBP)
ANS: In order to be liable for damagek,gudgr the abuse of rights principle, the following Q: What is the rule if the death employee is caused by a fellow
requisites must concur: employee?
1. The existence ct'b legt righ or tiu, ANS: The following are the rules death of an employee:
2. Which is exerciSett iffb'ad 1 If the death or injury he negligence of a fellow employee, the
3 For the sble intenl-or prejudicing o father (Van De Brug v employee and emplo rily liable;
Philipp Na Bankr-G:RrNo..--241Q0 , h.1 2. If the death or injury ntional malicious act of a fellow
\q„ employee, the empl hown that the employer
Q: What is "Unj st-EariChmant"? did not exerciseAtirre'dilige the set pervision of the plaintiff's
ANS: There is;Unjust ehrichrnent when a person unju ly ret nefit to the loss of fellow wor CN/L COD 1712).
another, or when''a peOon retains moneyorproperty-of noth t the fundamental
principles of j stl(e, equity arid good consciende. Car Cool fT,piPes. Inc v. Ushio Q: When is a violatio le 19''of t Civil Code ac e?
Realty & Deveopmjd Corp.,G.R. No. 138058, 4anua 23, 20 ANS: Article 19 • 41,,jle whic overns the human relations. By
itself, it is not asis of -n actionable Article 1 the degree of care
Q: What are t ,reolu ites' ii- c(fion: relffir #1; required so t actiO e to may a ri hen it' 'th Article 20 or
T I

ANS: The reqósites'd(anacpn rem ersotopfooer a Article 21 (A alp and-F'a r m, G.R. 25, 2014).
1 The ,efend t has„baemenrichetz" Note: A commo Wjins ugh Moles 19 an and that is, the act
2. The plaintiff h suffarecliaNtok!„„„-- complained of mus inta4tional Olikk otel Manila Garden V. Reyes, G. F? No
3. The ehchmentql the, et!Osi!nrithOut or leg, ground, and 154259, February 2 , 2 05)
4. The plainqf has ip4 ortbased tatcactoquasi-contract, crime or
quasi-delict Sliir4o ikopioes)-e rnia‘ay.,);In‘ !" v. RRN, Inc. G R No Q: Are acts contrary tt orals„a ionab
172525, October 20 2010). N. i ANS: Yes, Any perso ho wllfU1ly causes loss or injury to another in manner that is
contrary to morals, goo 4 s or public policy shall compensate the latter for the
Q: What is "strict liability"? damage (CIVIL CODE, Art. ).
ANS: There is strict liability if one is made liable independent of fault, negligence or
intent after establishing certain facts specified by law. Strict liability tort can be Q: What are the elements of Acts Contrary to Morals or Acts Contra Bonus
committed even if reasonable care was exercised regardless of the state of the mind of Mores?
the actor at that time (AQUINO, Tons and Damages, supra at 23). (LCD)
ANS: The elements for Acts Contrary to Morals to be actionable are the following:
Q: What are the types of Strict Liability (AFE-NPC)? 1. Act which is begal;
ANS: The following are the types of Strict Liability. 2. The act is Contrary to morals, good customs, public order, and public policy,
1, Possessor of Animals (CIVIL CODE, Art. 2183); and
2 Falling objects (CIVIL CODE, Art, 2193); 3. The act is gone with intent to injure (Mendoza v Spouses Gomez G.R. No.
3. Liability of Employers (CIVIL CODE. Art. 1711). 160110, June 18, 2014)
4 Nuisance (CIVIL CODE. Art. 694):
5. Product Liability of Manufacturers (CIVIL CODE, Art 2/87); k•WCLAtiFICATIPN. OF TORTS
6 Consumer Act (R A 7394. otherwise known as "Consumer Act of the
Philippines"), Q: What are the classifications of torts according to manner of commission? (WS)
ANS: Torts are classified as follows:
Q: What is the rule of strict liability for falling objects? 1. Negligent Torts (Negligence) - Involve voluntary acts or omissions that
ANS: The head of a family that lives in a building or a part thereof, is responsible for result in injury to others, without intending to cause the same, The actor fails
damages caused by things thrown or falling from the same (CIVIL CODE, Art 2193). to exercise due diligence in performing such acts or omission,
 CIVIL LAW
San Soda Law -RGCT Bar Operatrons Center I
pEPi!N,o2RED BOOK
2_ Intentional Torts - Include conduct where the actor desires to cause the
Culpa Aquiliana Culpa Contractual Culpa Criminal
consequences of his act or believe the consequences are substantially
certain to result from it; As to the None Exists None
3 Strict Liability - The person is made liable independent of fault or negligence existence of
upon submission of proof of certain facts When strict liability is imposed, the pre.
conduct is generally not wrongful in itself but the wrong consists in causing contractual
harm by engaging in certain types of risky activities (AQUINO, Torts and obligation
Damages, supra at 2).
As to A complete and Not a complete and proper Not a proper
Q: What are the classifications of torts according to scope? (ACC) defense of proper defense as defense in the selection defense.
ANS: Torts are classified as follows: 'Good regards vicarious and supervision of
1. Cu/pa Aquiliana - It is an act or omission which causes damage to another, father of a liability (CIVIL employees but can
there being fault or negligence and there being no pre-existing contractual family" CODE, Art. 2180, mitigate liability for
relationship between the parties (CIVIL CODE, Ad. 2176). Par. 8) damages (Cangco v.
2. Cu/pa Contractual - Obligation arises from the breach of the contract Manila Railroad Co., OR,
because of defendant's failure. to„exercise due care in its performance N. L-12191, October 14,
(CIVIL CODE, Art..1473)
3. Culpa Crimina/4xis1ence cif a,law clearly p = hing the act (Nullum often
sine lege) I . • As to None. Injured p ption of negligence None. Innocence of
presumption must prove lately attaches by a the accused is
Q: What is the scope Of criNifi'a acquillaria"Cindee-ArtraetiVei\ of negligence of venan its presumed until
ANS: Article 217,8:pwerS "acts which are punishablAyitiseital lt also includes not negligence defendant (Crg contrary is proven.
only injuries to personsibut Os° damage to property.tlt rn'ak,e's no distinction between v, Manila _fieilroad v. G to
"damage to pertons" on the one hand and ,"damage toiproperty"60 te other (Cinco v. Co., suciA. "ng Cotp., G.R
Canonoy G R db..L-33171, May 31;1979) 10, August 6, 2
0±_
rrial distinguished As to nature Private'Ri Pn
Q: How are Calsar Aquiliana, Culpa Contractual, and_Culpa
of right
from one anottier9
ANS: The differences arriOng Culpa Aquiliana, Culpe Contraftual:' d Culpa Criminal violated
-
are the following. ' As to Arts:1, A 1170-11 'ft. 365 of the
Culpa Aquiliana Culpa Contractual Culpa Criminal Governing f the, Ci Revised Penal
Law Code
As to basis Fault or negligence ',Obligation anses f om t e Existence of a law
of liability resulfi9 infiderrige .Are.ach of - the eo , ct clearly punishing
or injury AO - another because ,o.! Vefe;pdant's the act (Nullum 0114#.4aOilt:#0:0*.;
(CIVIL Cd3E.,,,Art. faifliti to exerdise due crimen sine lege). Q: What is the concept' tjo i4tfeasor"?
2176) ' ,care . in its performance ANS: Every person legallrrelponsible is liable for a tort committee by him provided it
(CIVIL CODE, Art. 1173). is the proximate cause of an injury to another (DE LEON, Torts, supra at 16).

As to the Direct. substantive Negligence is merely Direct, substantive, Q: What are the kinds of Tortfeasors?
nature of th and independent. incidental to the and independent. ANS: The following are the different kinds of Tortfeasors:
negligence performance of an existing 1. Direct Tortfeasor - defendants in torts cases can either be natural or artificial
Obligation. beings (AQUINO, Torts supra at 23):
2. Persons made responsible for others - the obligation imposed by Article
As to Not necessary Not necessary Necessary
2176 of the Civil Code on quasi-delicts is demandable not only for one's
criminal
own acts or omissions, but also for those persons for whom one is
intent
responsible (CIVIL CODE, Art. 2180); and
As to Preponderance of Preponderance of Proof beyond 3. Joint Tortfeasors -those who command. instigate, promote, encourage,
quantum o evidence (RULES evidence (RULES OF reasonable doubt advise, countenance, cooperate in, aid or abet the commission of a tort, or
proof OF COURT, RULE COURT, RULE 133, (Barred° v. Garcia, approve of it after it is done, if done for their benefit. They are also referred
133, Section 1). Section 1). G.R. No. L-48006, to as those who act together in committing wrong or whose acts, if
July13, 1942). independent of each other, unite in causing a single injury (Ruks Konsult
and Construction v. Adworid Sign and Advertising Corp., G.R. No. 204866,
January 21, 2015).
ID>
Q: What is the liability of Joint Tortfeasors?
CIVIL LAW I
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ANS: The responsibility of two or more persons who are liable for quasi-delict is
solidary (CIVIL CODE, Art. 2194). Each are liable as principals and in the same manner
as if they had performed the wrongful act themselves (Ruks Konsult and Construction v.
Adworld Sign and Advertising Corp., G.R. No. 204866, January 21, 2015).
Q: May a corporation be held liable for torts?
ANS: Yes_ A corporation is civilly liable in the same manner as natural persons
(Philippine National Bank v CA, G.R. No. L-27155, May 18, 1978). With respect to close
corporations, the stockholders who are personally involved In the operation of the
corporation may be personally liable for corporate torts under Sec. 99 (e) of the Revised
Corporation Code.
Q: What is vicarious liability?
ANS: There is vicarious liability (doctrine of Imputed negligence") where a person is
not only liable for torts committed by himself,. but also for torts committed by others with
whom he has certain relationshjpentificiraWtreis responsible (Tamargo v. CA, G.R.
No. 85044, June 3, 1992).
....4„:„...,. ,...,„.. .„.......,_,
..._,... ;! i
Q: What are the rules for the liability of schools, its teachers and administrators,
and the individual or entity engaged in child care for damages caused by their
pupils and students or apprentices?
ANS: Under the Family Code, the school, its administrators and teachers, or the
individual, entity or institution engaged in child care:
1. Shall have special parental authority and responsibility over the minor child
while under their supervision, instruction or custody:
2. Such authority and responsibility shall apply to all authorized activities
whether inside or outside the premises of the school, entity or institution
(FAMILY CODE, Art. 218); and
3. They shall be principally and solidarily liable for damages caused by the
acts or omissions of the unemancipated minor while the parents, judicial
guardians or the persons exercising substitute parental authority over said
minor shall be subsidiarily liable (FAMILY CODE, Art. 219),
Note: Article 218 of the Family Code does not make any distinction as to the kind of
school that has substitute parental authety over minor children (ALBANO, Civil Law
Reviewer (2018) [hereinafter ALBAINIO;';p - 7/ Law Reviewer]; 904-905).

0: Who are vicariously li-al?li?':,..., ' ----,..;,..,', 2,--- ,. Under Article 2180 of the CiT;l.Qode1eachers or heads of establishments of arts
ANS: The followlnear. liabl6f6r actvornmitted by anothe and trades;
1. Shall be liable for darn use,d, by tht pupils and students or
. „ ., .1 - committed by minors;
1. Persor.41jabelofacts
, v: •.....0 .
2. Guardians" ii apprentices, so long a' stir* driMti lhe" - stody (CIVIL CODE Art
-• I' i,
3 Own'ers anmanlgers of an establemenqn en'terprise 2180, Par. 7). .
r-23r
.
4 Emliloyetsi' . ..___... ._ ____. ',..; 2. Where the; S8fibol is academic ;rather than teche •oto. vocational in nature
tr-- 1.
5 St4te, .-• responsibility to the tort dornrffitted by the stusier. Jill attach to the teacher
6. Sctiool,$) teachers and a_dministrators (C/1/(L CODE,,A rl.12 80); and in charge of ttiat;studerit.
•— • !,
7. Otherv4ons_vickiousiit 3. Where,-the scri0oUs• an estalOshment or and trades, it is the head
a lnnIeepe'rs4nd,-lgeteikeepe-rs-(RE44SE;D:"F;EALALCOQE, Art. 102); thereof and.only he, who-ihalkilb heldllUhlt ,
'
b t Pa'rtfigrshrp,c(OVIL CODE,.Arts, /‘,02.24624);(Farid.c , fi Note: The law does notTeOHire that the 5-54410of0(04.1,ty age. Unlike the
c 'i3Spouses (FAVIL:-Y,CODE,' 'Art 94(9/S122). parent, who will be liable topVif iST.Still a r,. ,of,-.64.40;is held answerable
\%.)'
• -;\ , by the law for the eptpON;studeriyund," him regardless of the student's age. The
Q: What is an available defensel ar*Crsons citedln Art§. e
2176 And 2180 in order to
nature of the respor ibility irriposed on tea,Ohers and heads of establishment in this case
free themselves from k is primary and direct (Arpadorkv. CA, G.RFIE,v 57Cf745,
, April 15, 1988).
ANS: The responsibility tiiat'41,,o-rirr- ArticCg41501, shall,cease when the persons
mentioned proved that they..131:A‘ryeralilfirdiliaerice,pfplood father of a family to Q: What are possible;;;,defews''ot the employer who is sought to be made
prevent damage (CIVIL cooa, 2184ar vicariously liable for the., acts4eits employees?
ANS: The following are .06413,1 defenses:
Q: What is the nature of the resporiaglitnl'an employer for the negligence of his 1. That the employer had no employment relationship with the employee;
employees?
2. That the employee acted outside the scope of his assigned tasks; or
ANS: The responsibility of an employer for the negligence of his employees in the 3. That the employer exercised the diligence of a good father of a family in the
performance of his duties is primary, that is, the injured party may recover from the
selection and supervision of the employee (Caravan Travel and Tours
employer directly, regardless of the solvency of his employees (Philtranco Service International, Inc. v. Abejar, G.R. No. 170631, February 10, 2016).
Enterprises, Inc. v. CA, G.R. No. 120553, June 17, 1997). Nevertheless, this vicarious
liability is applicable only if there is an employer-employee relationship (Metro Manila Q: What is the remedy of persons who are made responsible for others?
Transit Corp. v. CA, G.R No 144408, June 21, 1993), This employer-employee ANS: Whoever pays for the damage caused by his dependents or employees may
relationship cannot be presumed but must be sufficiently proven by the plaintiff. The
recover from the latter what he has paid or delivered in satisfaction of the claim (CIVIL
plaintiff must also show that the employee was acting within the scope of his assigned CODE, Art. 2181).
task when the tort complained of was committed (Reyes v. Docfoiero, G.R. No. 185579,
August 2, 2017).
Q: When is the state made responsible for others?
ANS: The State is responsible in like manner when it acts through a special agent; but
Q: What is the "borrowed employee rule"?
ANS: An employer-employee relationship still exists even if the employee was loaned not when the damage has been caused by the official to whom the task done properly
by the employer to another person or entity because control over the employee subsists. pertains, in which case what is provided in Article 2176 shall be applicable (CIVIL
Thus, to illustrate, the vicarious liability of a municipality as employer remains even if its CODE, Art. 2180, par. 6).
driver-employee was assigned to the mayor (Spouses Jayme v. Apostol, G.R. No.
163609, November 27, 2008)
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Q: Who are special agents for whose acts the state is made responsible? Q: What are the tests of proximate cause?
ANS: A special agent is one who receives a definite and fixed order or commission, ANS: There is no statutory provision that fixes the applicable test. However the
foreign to the exercise of the duties of his office if he is a special official (Rosete v. following tests are being applied in the Philippines:
Auditor General, G.R. No L-1120, August 31. 1948.) 1. Cause-in-fact Test - First, determine if defendant's negligence was the
cause-in-fact of the damage to the plaintiff. lilt is not, the inquiry stops.
D. P:ROXIMATECAUte:-; 2_ Policy Tests - If defendant's negligence was the cause-in-fact, the inquiry
shifts to the question of limit of liability of the defendant. The law may limit
Q: What is "proximate cause"? the liability of the defendant to certain consequences of his action (AQUINO,
ANS: Proximate cause refers to that cause, which, in natural and continuous Torts. supra at 307).
sequence, unbroken by any efficient intervening cause, produces the injury, and without
which the result would not have occurred (VDM Trading, Inc.. v Carungcong, G.R. No. Q: What are the causelin-fact tests? Illustrate.
206709, February 6. 2019). ANS: The tests applied in the Philippines are:
1 "But for Test -Defendant's conduct is the cause in fact of the injury if the
Q: Distinguish Proximate Cause, Remote Cause, and Concurrent Cause. damage would not have resulted had there been no negligence on the part
ANS: The distinctions among the proximate cause, remote cause, and concurrent of the defendant.
cause are the following: Example: lithe plaintiff injured because a portion of a negligently
Prox.rnatc Cause Remote Cause Concurrent Cause constructed wall that hit him, the negligence in the construction of
the wall is the cause i , h,t a f e injury because the injury to the plaintiff
As to Proximate ,ca se i R several causes would not have resul e been no negligence on the part of the
its any gawks. Iltift det , as edu g an injury are defendant (AQUINO, at 315).
Nature produces Inftf 1 es--Cause which- t nc t and each is an 2. Substantial Factor Ted duct the cause in fact of
natur,ai e nd ndpenderit for rci use without which the damage if 4yieis a sub atial factor ing the injuries. To be a
contjnuous€quefce, merely- too th ipt would not have substantial dr, the cau
• t in motion by fendant must continue
on by any. advantage. ... of. .,..t ha e injury may be until the m 'of the d or at least dow u etting in motion of the
effi i nterveping„ accomplish attn ed-1 all or any of the final active ju s forCe wit immediately uced or proceeded the
cause, s h that‘the something not th caus ur2Li ecovery may be damare;
restifityrd d net-heve nafteat effecrthere -.had gainst ny or all of the
persons (Far Ex/141e: 1U plaintiff was i ad when horse, which was
occ.;urred i. ottle AQUINO,. — nsible
Eas m :$ pping Company fri4 apprtaching hicles . vehicles, A and
Pried Ir: 1 \ i supra at p. 302
, )/
..., V. CA, G.R. No. Et, renegj i and" r 5 c1ewas en the horse, the
Got; rnmen . applica "but-foes result to an rd conclusion that the
Dac , G. 1 0068. ctober 1, 1998).
s' negligei ó1 eit'er driver c ot be considered the cause in fact of the
1503 Jun 15(
injury be ese damage ise resulted if only one driver was
2005).
negligent_ I be said ould not have resulted had
As to Proximate eguA A 0 z re several causes there been negli or B. However, under the
the produces the -dry ‘c.ann roducing an injury are substantial tor the concurrent causes will still be considered the
• Effect and without which Iftee.cgiLsisl, r al concurrent and each is an cause In fa injury because the negligence of both A and B are
' in result would not have cause of the efficient cause without which substantial facto in bringing about the injury (AQUINO, Torts, supra at
Liability occurred (Bataclan v. damage (DyTeban the injury would not have 316).
Medina, GR. No. L- Trading v. Ching, happened, the injury may be 3. Necessary Element of Sufficient Set Test - The negligent act or omission is
101126, October 22, G.R. Na 161803, attributed to all or any of the a cause-in-fact of the damage if it is a necessary element of a sufficient set.
/957). February 4, 2008) causes and recovery may be This test is effective in solving problems regarding concurrent causes
had against any or all of the (AQUINO, Torts, supra at 315-316),
responsible persons
although under the Q: What is an "efficient intervening cause"?
circumstances of the case, it ANS: An intervening cause, to be considered efficient, must be "one not produced by a
may appear that one of them wrongful act or omission, but independent of it, and adequate to bring the injurious
was more culpable, and that results. Any cause intervening between the first wrongful cause and the final injury
the duty owed by them to the which might reasonably have been foreseen or anticipated by the original wrongdoer is
injured person was not the not such an efficient intervening cause as will relieve the original wrong of its character
same (DyTeban Trading v, as the proximate cause of the final injury (Abrogar v. Cosmos Bottling Company, G.R.
Ching, G.R. No_ 161803, No. 164749, March 15, 2017).
February 4, 2008).
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10: What is the difference between Cause and Condition? 6 As against third persons, a negligent actor cannot defend by pleading that
ANS: If the defendant has created only a passive static condition which made the another had negligently failed to take action which could have avoided the
damage possible, the defendant is said not to be liable. But so far as the fact of injury (Bustamante v. CA. G.R. No. 89880, February 6, 1991).
causation is concerned, in the sense of necessary antecedents which have played an 7. A suit brought by the heirs of the deceased passengers against both owners
important part in producing the result, it is quite impossible to distinguish between active and drivers of the colliding vehicles (Bustamante v. CA, G.R. No. 89880,
forces and passive situations, particularly since the latter are the result of other active February 6, 1991).
forces which have gone before. The defendant who spills gasoline about the premises 8. In a case of cu/pa contractual, where neither the contributory negligence of
creates a "condition," but the act may be culpable because of the danger of fire. When a the plaintiff nor his last clear chance to avoid the loss, would exonerate the
spark ignites the gasoline, the condition has done quite as much to bring about the fire defendant from liability. Such contributory negligence or last clear chance by
as the spark; and since that is the very risk which the defendant has created, the the plaintiff merely serves to reduce the recovery of damages by the plaintiff
defendant will not escape responsibility. Even the lapse of a considerable time during but does not exculpate the defendant from his breach of contract (The
which the "condition" remains static will not necessarily affect liability; one who digs a Consolidated Bank v. CA, G.R. No. 138569, September 11, 2003).
trench in the highway may still be liable to another who falls into it a month afterward.
The distinction between cause and condition is now almost entirely discredited, So far
as it has any validity at all, it must refer to the type of case where the forces set in
operation by the defendant have coaet a position of apparent safety, and some Q: What is "Legal Injury"
new force Intervenes. But eypie uch ',cases a the distinction between "cause" ANS: The underlying basis for the of tort damages is the premise that an
and "condition" which is ipljTortOs, but the'nat Sk and the character of the individual was injured in contempl aw. Thus, there must first be the breach of
intervening cause" (Pflo6aix'bortst !late Court, G R. No. L- some duty and the imposition r that breach before damages may be
65295, March 10. /9117): awarded The law affords no rem ges resulting from an act which does not
amount to a legal injury or wrong Philippi Commercial International
Q: What is the "p Jae bf last Clear Chance"? Bank, G.R. No 184440, July 3, 20171
ANS: The Doe/me est Clear Chance is a princi le s that where both
parties are guil ne igenqe, but the negligent act ot one that of the other Q: What are the elements that mu# mist before one ring an action arising
by an apprecahlent val ofIfirriaTffie 6iie- Whi3-FIS-Th last a ar43le opportunity to from injuries suffered .(ROW)
avoid the =pen' mg harm aild fails to do so. Wch geabl oath.tle consequences ANS: The elements kj.
0
without refererie Jog e prior iegligerice of the other ...rty (Pi ith, G. R. No. L 1. A leg ! t intavor of a pers by whateyer.ir neaps And under whatever
- 12219, Marcl,215,1 18): Sja1d differeritly.-the ante edept ngligeni of plaintiff does rises or is created:"
not preclude him-frori recoynh9 damage-s—causedr by .the s peive ng negligence of 2 A d.rselatiye.Ohkgation on the rt of a
. to. e's-eir r or pot to violate
defendant, whokriA thkastfaii:,ahance to prevent/the:nee ing h m by the exercise sulh right. and
of due diligence .(pNR vJizcara, i3R. No 190022, Fabrua 15, 2072) 3. A WrepainlVorm of an' act mission in vi ,)-rsaid legal right and
• duty with Sequent injury or mage. (DE LEON, Torts supra at 29)
Q: Give instancekwhere the Supreme Court held that the Dlctrine of Last Clear
Chance is not applicable. . age", and "da
0: Define "injury", "deal
ANS: In most cases, the, SuPperad."Dourt opteernotliXepplythe Doctrine of Last Clear ANS: Injury is the illegal inyasi2of,aq is the loss, hurt, or harm
Chance for the following reasoris:' , which results from the ,injury;AF'd damages are the recompense or compensation
1. The negligence eilhe-Plaintiff is ..di'netirpanflvith that of the defendant (Picart awarded for the damage, ffe d (De Peralta v. Philippine Commercial International
v. Smith, G. f?. No. L - 12217,1Gfare7 15, 1918). Bank, G.A.. No. 184440, JO 017).
2. There is absence of preceding negligence on the part of the respondents
(Philippine National Railways Corporation v. Vizcara, G.R. No. 190022, Q: When is there damage without injury?
February 15, 2012) ANS: There can be damage without injury In those instances in which the loss or harm
3. The doctrine can never apply where the party charged is required to act was not the result of a violation of a legal duty. In such cases the consequences must
instantaneously, and if the injury cannot be avoided by the application of all be borne by the injured person alone, the law affords no remedy for damages resulting
means at hand after the peril is or should have been discovered (Achevara from an act which does not amount to a legal injury or wrong. These situations are often
v. Ramos, G.R. No. 175172. September 29, 2009). called damnum absque injuria (Equitable Banking Corp. v. Calderon, G.R. No. 156168,
4, It does not arise where a passenger demands responsibility from the carrier December 14, 2004).
to enforce its contractual obligations (Philippine Rabbit Bus Lines v. !AC,
G.R. Was, 66102-04 August 30, 1990). Q: What are the different classes of injury? -(PPR)
5. As between defendants: the doctrine cannot be extended into the field of ANS: The different classes of injury are:
joint tortfeasors as a test of whether only one of them should be held liable 1. Injury to Persons- injury to persons or personal injury does not necessarily
to the injured person by reason of his discovery of the letters peril, and it involve physical contact with the person injured; it may also embrace all
cannot be invoked as between defendants concurrently negligent actionable injuries like injury affecting reputation, character, conduct.
-(Bustamante v. CA, G.R. No 89880, February 6, 1991). manner, and habits of a person (72 Am. Jur. 2d 620-621):
2. Injury to Property; and
3. Injury to Relations,
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dismissal was done anti-socially or oppressively, then the employer violated Article 1701
of the Civil Code which prohibits acts of oppression by either capital or labor against the
Q: What is the concept of "Intentional Torts"? other, and Article 21, which makes a person liable for damages if he willfully causes loss
ANS: Intentional tort is conduct where the actor desires to cause the consequences of or injury to another in a manner that is contrary to morals, good customs or public policy,
his act or believes the consequences are substantially certain to result therefrom the sanction for which, by way of moral damages, is provided in Article 2219, no. 10
(AQUINO. Torts supra at 2) (Philippine Commercial International Bank v. Gomez, G.R. No. 199601, November 23,
2015).
Q: What are the liabilities of a builder, planter, or sower on the land of another in
bad faith? Q: What are the intentional torts that violate human dignity enumerated in the
ANS i His liabilities are as follows Civil Code?
1 He loses what hethas built, planted, or sown without right to indemnity ANS: The intentional torts that violate human dignity are
(CIVIL CODE, Art 449), 1_ Prying into the privacy of another's residence;
2 He may be compelled by the owner of the land to demolish the work, or to 2 Meddling with or disturbing the private life or family relations of another,
removed the work in order to replace things in their former condition at the 3 Intriguing to cause another to be alienated from his friends,
expense of the builder in bad faith, or to pay the price of the land, and the 4 Vexing or humiliating another on account of his religious beliefs, lowly
sower the proper rent (CI v1L,c,c2pE, Art. 450): and station in life, place of birth, p , 14/ .cal defect, or other personal condition
3 He is liable for damaget(5VIL cad , —E-Ad 451). 5 Acts similar to the above 0 L CODE, Art 26). Damages therefore are
allowable for actions a0IF -rson's dignity, such as profane, insulting.
Q: What are the reqqisitesi'lo: 'meows for'th'e utentu1a.I infliction of emotional humiliating, scandaloi0 e language (Manaloto v Veloso Ill G R
#
distress or for a tortdf otitciagd? No 171365, October a'•
ANS: To recover k:iritTe iintentional-infiiction-of .ernationef %dist ss, the plaintiff must
show that _ \-
Q: What does "prying into thtpriva VI e" contemplate?
The 415onduct,O1 the defendant was intentional oPsnieckl ss disregard of the ANS: "Prying into the OA; of angth s residence Sr d not be confined to a

person's house or resence as it tend to places re he has the right to

2. The obnieuet was extreme -and outrageous7l exclude the public or d„, y Ahern access, eluding places, ins, or even situations
3 There-44 a causal connection between tire deferrcra.he conduct and the which an individual coOdeLmoastirivate. us, an auto-r if al l%Qp building is covered
plaintiffs rhental distress, and, by Art. 26(1) (Spouse Hingt hoachuy, G.R. No. 1 7 e 26, 2013),
4 Tt4filaintlffs mental distress was'extrem l-51:11d se RS Publications
v Warnicba'vvagociuneirdfM Ph7W0 306, January 28r Q: What are t
e
s: • IV
èç it of alleviation
* •c,
ffecti
206.35..f ANS: In orde at al)epa ' li of ghtion a spou a cause of action
\
for damages, the(olioWin isites .,irust flour:
Q: What is a toraction fig! maliciouS,pros.eeditioq 1 A valid ge 4
ANS: A tort actio4 for malicious prosecaten igran,acti ages brought by one 2. Wrongfu ducty the date the plaintiff's spouse;
against whom a cri nal pc Uto11, proceeding has been 3 Loss of aff r conprtiu
instituted maliciously diiiivritp pc e termination of such 4. Causal ret be the deprivation of
prosecution, suit, or oth rtceeing inlavor ant therein (Diaz V. Davao affection (A INO arts supra at 457).
Light and Power Co.. Inc , G. Q(., 160959,i411
Note: If the interference 4 e parents of the spouse, malice must be established
(Tenchavez v. Escano, G.R. No. L-19671, November 29, 1965).
Q: What are the requisites for a tort action for malicious prosecution to prosper?
ANS: The requisites for a tort action for malicious prosecution to prosper are:
Q: What is the rule on tortious interference with contractual relations?
1. The fact of prosecution and the further fact that the defendant was himself
ANS: Any third person who induces another to violate his contract shall be liable for
the prosecutor, and that the action finally terminated with an acquittal;
damages to the other contracting party (CIVIL CODE, Art, 1314).
2. That in bringing the action, the prosecutor acted without probable cause;
and Note: The word "induce" refers to situations where a person causes another to choose
3 That the prosecutor was actuated or impelled by legal malice, that is, by one course of conduct by persuasion or intimidation (Go v. Corder°, G.R. No. 164703.
improper or sinister motive (Diaz v. Davao Light and Power Co., Inc., G.R May 4, 2010).
No 160959, April 4, 2007)
Q: What are the elements of the tort of interference with contractual relation?
Note: These three elements must concur; and there is no distinction between actions
ANS: In order for interference with contractual relation to give rise to a cause of action
for criminal prosecutions and civil suits (Inhelder Corp. v. Court of Appeals, G.R. No. L-
for damages, the following requisites must be present_
52358, May 30, 1983)
1. Existence of a valid contract;
2. Knowledge on the part of the third person of the existence of the contract;
Q: When may an employer be liable for damages in cases of dismissal of an
and
employee?
3 Interference of the third person without legal justification or excuse
ANS: The "right" of the employer to dismiss the employee should not be confused with
(Inocencio v. Hospicio de San Jose, G R. No. 201787 September 25.
the manner in which the right was exercised and the effects flowing therefrom If the
2013).
 CIVIL LAW
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Q: What is a possible legal justification under the third element of the tort of out a plaintiffs prima facie case, and present a question of fact for defendant to meet
Interference with contractual relation? with an explanation (E3JDC Construction v_ Lanuzo, G.R. No. 161151, March 24, 2014).
ANS: Where there is no malice in the interference of a contract, and the impulse Note: The doctrine is not meant to and does not dispense with the requirement of proof
behind one's conduct lies in a proper business interest rather than in wrongful motives, of culpable negligence against the party charged, rather, it merely determines and
a party cannot be a malicious interferer. Lack of malice precludes damages. regulates what shall be prima facie evidence thereof, and helps the plaintiff in proving a
Exception: But lack of malice does not relieve one of the legal liability for entering into breach of the duty (Solidum v. People, G.R. No. 192123, March 10, 2014).
contracts and causing breach of existing ones (Go v. Corder°. G.R. Nos. 164703 8,
164747, May 4, 2010). Q: When is the doctrine of res ipsa loquitor applicable in tort cases?
ANS: The doctrine can be invoked only when under the circumstances, direct evidence
is absent and not readily available. The inference which the doctrine permits is
0:-.• NE640gl?k3E.:i; ".
grounded upon the fact that the chief evidence of the true cause, whether culpable or
Q: What is "negligence" under the Civil Code? innocent, is practically accessible to the defendant but inaccessible to the injured person
ANS: The fault or negligence of the obligor consists in the omission of that diligence (Macalinao v. Ong, G.R, No. 146635, December 14, 2005).
which is required by the nature of the obligation and corresponds with the circumstance
of persons, place. and time (CIVIL CODE, Art.1173). Ct: What are the requisites for the applicability of the doctrine of res ipsa loquitor?
(ACE)
0: What is the "test of negljg ce"? ANS: The following are the requi the applicability of the doctrine of res ipsa
ANS: The test of negli erree ise, id the def4ri an the alleged negligent act loquitor
use that reasonable eeanalcau dent person would have 1. The Accident was of akfiii1:1 'does not ordinarily occur tri the absence of
used in the same sit jolt Picart v Smith, G.R. L- someone's negligence
12219, March 15,1 18 e, , 2. It is cause by an _Ifs th1 xclusive Control of the
,t i Nre ..fr defendant or defeVents;
Q: What are thsgcleg -1fi of Oegligence7 — 3. The possi of contribu g conduct whi would make plaintiff
ANS: The follofeing arp the tegrees of nagrenence: responsib rS E0minated v. Spouses G R. No. 10889, April 27,
1. SirepteA ligende - the omission to -do some ch a reasonable 2007).
t—
man, gCrt d by tikose'considerationS4hic ordin late the conduct
ofidern ffairseetouldelq, or the4:teing „some h a prudent and Q: How are un risks s elittinecR
re oliablc mar iplcl,got gq,,Ilisitte, 'fib) ob rve (c the protection of ANS: Risk r to thtkpotential h that is p act. Undue risk is
thentaftal. of aiedtbar person that degr f-care c'ujIon and vigilance determined b test,151-fcitsseea INO, oreseeability is
which-the c currist,ate stIV,idarna- eb uch oper person suffers the fundamenta ,test egligent, tt 1 usi have acted or
injurX (Ruks Gest/fig\ øo.nstrtctioj v Sign 41Advertising Corp., failed to act in sir an dfdin reasonable man would have realized that

440„-
G.R. iN, 204 op., certain interests o rsoni wer unreasonably subjected to a general but
2 Gross egligence, - na:gliginceeis _. a by t want of even slight definite class of risks (Achevep v Ramos 175172, September 29 2009)
care, act or ottatin,Qtraet46-416` herge4here is duty to act, not
inadvertent * t'_,Wolf9417Tredei i n „Rh conscious indifference to Q: When is fault or neO gencr Sumed?
consequences] ofef as °the( 4010 affected (Macalinao V. Ong, ANS: Fault or negligenc# is p `rned in the following cases:
G.R. No, 146635, Dee rI 1, In motor vehible'imishaps, it is disputably presumed that a driver was
-- 29,
negligent if he had been found guilty of reckless driving or violating traffic
0: What constitutes diligence of a good father of a family? regulations at least twice within the preceding two (2) months (CIVIL CODE,
ANS: A good father of a family is a reasonable man, a man of ordinary intelligence and Art. 2184, Par.1):
prudence, or an ordinary reasonable prudent man (AQUINO, Torts, supra at 66). 2. Unless there is proof to the contrary, it is presumed that a person driving a
motor vehicle was negligent if at the time of the mishap. he was violating
4: What is the "emergency rule"? any traffic regulation (CIVIL CODE, Art. 2185):
ANS: Under the emergency rule, one who suddenly finds himself in a place of danger, 3 There is prima facie presumption of negligence on the part of the defendant
and is required to act without time to consider the best means that may be adopted to if the death or injury results from his possession of dangerous weapons or
avoid the impending danger. is not guilty of negligence, if he fails to adopt what substances, such as firearms and poison, except when the possession or
subsequently and upon reflection may appear to have been a better method, unless the use thereof is indispensable in his occupation or business (CIVIL CODE,
danger in which he finds himself is brought about by his own negligence (Delsan Art. 2/88); and
Transport Lines, Inc v C&A Construction, Inc., G.R. No. /56034, October 1.2003), 4. In case of death or injuries to passengers, common carriers are presumed
to have been at fault or acted negligently, unless they prove that they
Q: What is the "doctrine of res ipsa loquitur"? observed extraordinary diligence prescribed in Articles 1733 and 1755
ANS: Res ipsa loquitur literally means "the thing or the transaction speaks for itself." It (CIVIL CODE, Art. 1756),
provides that the fact of the occurrence of an injury, taken with the surrounding
circumstances. may permit an inference or raise a presumption of negligence, or make
ID> CIVIL LAW I
San Beda Law-RGCT Bar Operations Center
Q: What are the defenses in negligence cases? (FAV-P2IC)
ANS: The defenses applied in negligence cases are the following:
1 Fortuitous event - an event which could not be foreseen, or which though
foreseen, was inevitable (CIVIL CODE, Art. 1174),
2. Assumption of risk (volenti non fit injuria) - A plaintiff who voluntarily
assumes a risk of harm arising from the negligent or reckless conduct of the
defendant cannot recover for such harm (SANGCO, Torts and Damages
(1993). 81-82 Thereinafter SANGCO, Torts));
Violation of statute by the victim - It is treated generally as negligence per
se, except when the law or rules specifically provide for a different rule. The
effect would depend on whether the violation is:
a Merely contributory negligence - partial defense
b. The proximate cause of the loss - complete defense; or
c Neither contributory nor the proximate cause of the loss - proof of
causation required (AQUINO. Torts, Supra at 278-281).
4. Prescription - An actiorkbased-on-cluasi-delict prescribes in four (4) years
from the date of„theaccident (CIVIA,CPDE)..trt. 1146) - to be counted from
the last elemenlof the comrriissiort otenoectiororaission violative of the right
of the plaiofffrA - ;„.•
5 Plaintiffs 'aikwn negligence When the1,44nti k, negligence was the
immed6te r roximale- cause—orffis-iNury e 9Rot recover damages
(CIVIL CODE/Art.;21 799:- "
6, tryptuntar'ffiess - a complete defense in gdasi-d itt css (A CUING, Torts,
supja.at 2 249)', _„ _
7. copt tfojy Negligence - when theparty's :act showed-laalk of ordinary care
and fdresibht that such act could cause hirn harrnor put his life in danger
(EstaFron, v. Bernardo, G.R. No. 144723) F.ebruati-27) 2006), (AQUINO,
Tods,Supi:a at 262\299)..... • e
Q: What are the requiSites of the doctrine of asSuritption of risk?1
ANS: As a defense in negligence cdses the recfuisites are:,
I. The plaintiff mUst know that the risk ts present.
Note: The knowledge,. must beof .a specierisk and not merely of a general
, Q: What is the remedy, available ito.'7Arie giSte diitkner where, despite of not
2 He must further-understand its natgre'arid-,.....
3. His choice to incitt, ,it,fnust, be free:,.and voluntary (Abrogar v. Cosmos
Bottling Co., G.R. No.. 18Z749r*M5rch 15, 2017).
Note: The third requisite does not apply if an emergency is found to exist or
if the life or property of another is in peril, or when the person seeks to
rescue his endangered property (Ilocos Norte Electric Co. v. Court of
Appeals, G.R. No. 53401, November 6. 1989)
I
SPECIAL LiABILIrYiN'PARTICULAkACf
Q: Who may be liable for violation of constitutional rights and/or civil liberties?
ANS: The following persons may be held liable whether his/her participation is direct or
indirect:
1. Public Officers or Employees are not immune from damages in his/her
personal capacity for acts done in bad faith which, being outside the scope
of his authority, are no longer protected by the mantle of immunity for official
actions (Vinzons-Chato v Fortune Tobacco Corporation, GA No. 141309,
June 19,2007): and
2, Private Individuals (CIVIL CODE, Art. 32).
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Note: An individual can hold a public officer personally liable for damages on account
of an act or omission that violates a constitutional right only if it results in a particular
wrong or injury to the former (Vinzons-Chato v. Fortune Tobacco Corp G R No
141309, December 23, 2008).
Q: Can local government units be held liable?
ANS: Yes. Local government units and their officials are not exempt from liability for
death or injury to persons or damage to property (R.A. No.7160, Local Government
Code, Sec. 24).
Q: When are provinces, cities, and municipalities liable for death or injuries
suffered by a person?
ANS: Provinces, cities and municipalities shall be liable for damages for the death of,
or injuries suffered by, any person by reason of the defective condition of roads, streets,
bridges, public buildings, and other public works under their control or
supervision (CIVIL CODE. Art. 2189).
Q: What is the "Registered Owne -go
ANS: Under the Registered Owne,,, registered owner of a vehicle is primarily
responsible to the public for whate\ier or injury the vehicle may cause even if he
had already sold it to someone elpe G.R. L-9605, September 30,
1957),
Q: How is liability proved where boO,Ae registered ow rule and Article 2180,
pars. 4 and 5 are applicable, Le. th'e. rtgistered ownero. tile vehicle is also the
employer of the driver:thereof?
ANS: In cases where both -theregistered ner rule an rti e 2‘80 apply, the plaintiff
must first establish thatthe employer Is t egistered f the, vehicle in question.
Once the plaintifisuccessf011y proves own rship, th; -ble presumption
that the requirefnents of,A'rticfe 21804jav en prove ence, the burden
of proof shifts to the defendant td show tRt no liability u rficle 2180 has arisen
(Caravan Travel and Tours lernational lc v Abejar, G.R No 170631 February 10,
2016),
being the actual owner,-he was made liable?
ANS: The registered owners nave a nght to be indemnified by the real or actual owner
of the amount that they may be required to pay as damage for the injury caused to the
plaintiff (Orix Metro Leasing and Finance Corporation v. Mangalinao y Dizon. G R Nos
174089 & 174266, January 25, 2012).
Q: What are the liabilities of the proprietor of a building or structure?
ANS: The liabilities of the proprietor of a building or structure are the following:
1. For the damages resulting from its total or partial collapse, if it should be
due to the lack of necessary repairs (CIVIL CODE, Art. 2190).
2. By the explosion of machinery which has not been taken care of with due
diligence, and the inflammation of explosive substances which have not
been kept in a safe and adequate place;
3. By excessive smoke, which may be harmful to persons or property:
4. By the falling of trees situated at or near highways or lanes, it not caused by
force majeure;
5. By emanations from tubes, canals, sewers or deposits of infectious matter,
constructed without precautions suitable to the place (CIVIL CODE. Art.
2191).
 CIVIL LAW
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Note: lithe damage referred to in Arts. 2190 and 2191 is the result of any defect in the 2. About an individual's health, education, genetic or sexual life of a person, or
construction mentioned in Art. 1723, the third person suffering damages may proceed to any proceeding for any offense committed or alleged to have been
only against the engineer or architect or contractor in accordance with Art. 1723, within committed by such person, the disposal of such proceedings, or the
the period fixed therein (CIVIL CODE, Art. 2192). sentence of any court in such proceedings;
3 Issued by government agencies peculiar to an individual which includes, but
CI: In case of collapse of a building, who may be held liable? not limited to, social security numbers, previous or current health records,
ANS: The following may be held liable: licenses or its denials, suspension or revocation, and tax returns; and
1. The engineer or architect who drew up the plans and specifications for the 4. Specifically established by an executive order or an act of Congress to be
building if, within 15 years from the completion of the structure, the same kept classified (R A. 10173, Sec. 3(I)).
should collapse by reason of a defect in those plans or specifications, or due
to defects in the ground; Q: What is "processing" under R.A. 10173?
2. The contractor, if the edifice falls within 15 years from completion on ANS: Processing refers to any operation or any set of operations performed upon
account of defects in the construction or the use of materials of inferior personal information including, but not limited to, the collection, recording, organization.
quality furnished by him, or due to violation of the terms of the contract storage, updating or modification, retrieval, consultation, use, consolidation, blocking,
(CIVIL CODE, Art. 1723). erasure or destruction of data (R.A. 10173, Sec. 30).
Note: If the engineer or architeclosupervisesetke construction, he shall be solidarity
Q: Who is a personal information contr ler under RA. 10173?
liable with the contractor Teelction egaihst4heMil'imust be brought within 10 years ANS: Personal information controller re to a person or organization who controls
following the collapse of 0e:budding (Ceet....0100, Att. ri
the collection, holding. processing or Use ersonal information, including a person or
organization who instructs another person organization to collect, hold, process, use,
. IVAOyeAtl' OF 2012
R.A. NO.10173, DATATR -°", .
transfer or disclose personal informatienlo er behalf e term excludes:
Q: What are the 48ts,penaliic,dlinder FLA. 101i3lha blate-data privacy? 1. A person or organization ctions as instructed by
ANS: The following-ace the acts penalized ender Data\lerivkiec#0, another person oreirganizatio and
1. Unafithonzeitt Prqcessing of Personal Infdratian Acid ‘ensitive Personal 2. An individu# who collects, ho s, processes or personal information in
Infoy brit, • -- connection*ith the individul personal, famil ousehold affairs (RA.
2 AcOres mg. Personal Information and •Sensi we Pekoneel * formation Due to 10173. Se0(4)
N " lige - neglibently providing access o without
orizecie, • - PersJ1cLi1ormatIon Q: When is a posonal inarniation cont er obliged "fy the National Privacy
"...; •
3 Disoo,alrof- -Persenal- -I sitive Personal Commissionr..v
knbr'pcji or negligently 3i btflg, scar ig, or abandoning ANS: The peanaleinfieotation çtroll hall p . ommission and
infortnetlp ifkiivid 'ble to the public: affected data st5b4ect i seneitiya p nal infor er information that
4 Proc sing Perecinkpformati Act SensUie Per nal Information for may, under the circ 6e,s be used able identity fraud are reasonably believed
Una ' ized to have been acqitêd by 9p uneutho ed erson, and the personal information
5. Unauth zed Zr 'ok
.. I intentioeif5irea eakin into any system where controller or the Commissinbelieves tha rized acquisition is likely to give
personal st -rTariet o rise to a real risk of seripTeharm t gay (R.A. 10173, Sec. 20(1)).
6. Concealmen Bre ch y1 .Set rtive Personal Information-
after having kno of a „ and of the obligation to notify Q: What are the rights' the çth subject under the Data Privacy Act?
the National Privacy mmissioneinte axially or by omission conceals the ANS: The rights of the dttsuJject are:
fact of such security breach, 1. To be informed whether personal information pertaining to him shall, are, or
7. Malicious Disclosure- maliciously disclosing unwarranted or false have been processed;
information; and 2. To lodge a complaint before the Data Privacy Commission (R.A. 10173,
8. Unauthorized Disclosure- by any personal information controller or personal Sec. 16[1481);
information processor who discloses to a third party personal information, 3. To reasonable access to the personal information:
not maliciously, but without the consent of the data subject (R.A. 10173, 4. To dispute the inaccuracy or error in the personal information and have the
otherwise known as the Data Privacy Act of 2012, Secs. 25-32). personal information controller correct it immediately;
5, To suspend, withdraw, or order the blocking, removal, or destruction of his
Q: What are "personal information" under R.A. 10173? personal information from the personal information controller's filing system
ANS: Personal information refers to any information whether recorded in a material on substantial proof that the personal information are incomplete, outdated,
form or not, from which the identity of an individual is apparent or can be reasonably and false, unlawfully obtained, used for unauthorized purposes, or are no longer
directly ascertained by the entity holding the information, or when put together with other necessary for the purposes for which they are collected;
information would directly and certainly identify an individual (R.A. 10173, Sec. 3(g)). 6. To be indemnified for damages sustained due to such inaccurate,
incomplete, outdated, false, unlawfully obtained, or unauthorized use of
CI: What are "sensitive personal information" under R.A. 10173? personal information (R.A. 10173, Sec. 16); and
ANS: Sensitive personal information refers to personal information: 7 To data portability, i.e. to obtain from the personal information controller a
1. About an individual's race, ethnic origin, marital status, age, color, and copy of data undergoing processing in an electronic or structured format
religious, philosophical or political affiliations: (R.A. 10173, Sec 18);
OW> CIVIL LAW I
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Note: The above rights under Sections 16 and 18 are not applicable if the processed
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3, Presentation Defect- defects resulting from handling, making up,

personal information are used only for the needs of scientific and statistical research, presentation, or packing of the products
and, on the basis of such, no activities are carried out and no decisions are taken 4. Absence of Appropriate Warning- defect resulting from the insufficient or
regarding the data subject (RA 10173, Sec. 19). inadequate information on the use and hazards of the products (AQUINO,
Torts supra at 733).
J.V,T-STIBCT LIABILITY ' Q. What is the rule on liability for defective services under the Consumer Act?
Q: What is the rule on the liability of a possessor of an animal for damages it may ANS: The service supplier is liable for redress, independently of fault for damages
cause? caused to consumers by defects relating to the rendering of the services, as well as for
ANS: The possessor of an animal or whoever may make use of the Same is insufficient or inadequate information on the fruition and hazards thereof. The service is
responsible for the damage which it may cause, although it may escape or be lost. defective when it does not provide the safety the consumer may rightfully expect of it.
Exceptions: The possessor is not liable: Exceptions: The supplier of the services shall not be held liable when it is proven:
1. If the damage is due to force majeure; or 1. That there is no defect in the service rendered;
2, If the damage is due to the fault of the person who has suffered damage 2. That the consumer or third party is solely at fault (RA. 7394, Art 99).
(CIVIL CODE, An. 2183).
Note: It is the possessor's duty to,prevWtti0,7artirqpi from causing damage to anyone, Q: What is the "Consumer Expectatio st"?
including himself (Afialda v. bilfolet mber 29, 1949). ANS: Under the consumer expecte a product may be found defective in design,
if the plaintiff demonstrates that failed to perform as safely as an ordinary
Q: How is nuisance aslrict liabitity?- — consumer would expect when u nded or reasonably foreseeable manner
ANS: There is strict liability parkoflh.24tneeb
— of the property where (Barker v. Lull Engineering, S_FAV , January 16,1978). The Consumer Act
a nuisance is founq b , e„.heis obliged toiit - tNAte irrespective of the adopts the Consumer Expec:otieRYT thereof (AQUINO, Torts
presence or absetim:a ifir Ult Or negligence. H iever, Ith wner or possessor supra at 738).
is strictly liable pr abemei4 of nuisance, the 'liabili for
strict under ArIcle.,
.; 697 of the. Chtil_Co.de,_whiCb_pr ides
•,.. an is not considered
-'_. . abatement of a
nuisance doevri,ot reclude the right of any persT injured A weir damages for its
1
DAMAGES
past existence' (AC)19#\10, Tor'its supra at 701-702y.
--t‘
Q: What is th4lia 'My of rganyfac urers a efec4e products?
ANS: ManufaktyreN !and prncessors of , ides and similar
Q: What is th n
goods shall be Icadie fo\deattr:orNuries daused rmful substances
ANS: Damages Ne the.'" tion, r satisfaction for an
used, although ny contraftue refetTqqexists consumers (CIVIL
injury sustained, ortyoth e express he pecuniary consequences which the law
CODE, Art. 21871:.
imposes for the breach of pme duty 'dation of some rights (People v
• • Ballesteros, G.R. No. 1 7.0anuaty 29,
Q: What is the rule OQ habi .fqr defective-pro u e Consumer Act?
ANS: Any Filipino or fmegn..., .aqii/atturer-, uc rid rll importer, shall be liable
for redress, independenfl..of 'fault, for cla' to consumers by defects Q: What are the differe* kind f damages? (MENTAL)
resulting from design. manufaCtu .z .sfrudioni ss mbly and erection, formulas and ANS: Damages may be°4____
handling and making up, presentation orplErng of their products, as well as for the 1. Actual or comp7Wory,
insufficient or inadequate information on the use and hazards thereof A product is 2. Moral:
defective when it does not offer the safety rightfully expected of it. 3. Nominal;
4 Temperate or moderate;
Exceptions: The manufacturer, builder, producer or importer shall not be held liable 5. Liquidated; or
when it evidences: 6. Exemplary or corrective (CIVIL CODE, Art. 2197).
1. That it did not place the product on the market:
2. That although it did place the product on the market such product has no ACTUAL AND COMPENSATORY
defect:
3. That the consumer or a third party is solely at fault (R.A. 7394, otherwise Q: What are "actual damages"?
known as Consumer Act of the Philippines, Art. 97). ANS: Actual damages are compensation for an injury that will put the injured party in
the position where it was before the injury. They pertain to such injuries or losses that
Q. What are the defective products contemplated under Art. 97 of the Consumer are actually sustained and susceptible of measurement (International Container
Act? Terminal Services, Inc, v. Celeste M Chua, G.R. No. 195031, March 26, 2014).
ANS: The kinds of defective products contemplated under Art 97 of the Consumer Act
are Q: What are the classifications of actual damages?
1, Manufacturing Defect- defects resulting from manufacture construction, ANS: Indemnification for damages comprehends not only the loss suffered (actual
assembly, and erection; damages or damnum emergens) but also the claimant's lost profits (compensatory
2. Design Defect- defects resulting from design and formulas, damages or lucrum cessans) (Titan-Ikeda Construction & Development Corporation v
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Pnmetown Property Group, Inc., GR. No. 158768, February 12, 2008). Under the Civil absence of stipulation, the legal interest, which is six per cent per annum
Code, damages may be recovered for (CIVIL CODE, Art. 2209);
1 Loss or impairment of earning capacity in cases of temporary or permanent 2 Interest may, in the discretion of the court, be allowed upon damages
personal injury; or awarded for breach of contract (CIVIL CODE, Art. 2210):
2 Injury to the plaintiffs business standing or commercial credit (CIVIL CODE, 3. In crimes and quasi-delicts, interest as a part of the damages may, in a
Art 2205) proper case, be adjudicated in the discretion of the court {CIVIL CODE, Art.
2211):
Q: What are the requisites for awarding actual damages? (C-PAB) 4. Interest due shall earn legal interest from the time it is judicially demanded,
ANS: The requisites for the award of actual damages are: although the obligation may be silent upon this point (CIVIL CODE, Art.
1 Amount of loss must be actually proven with a reasonable degree of 2212), and
Certainty, premised upon competent proof or the best evidence obtainable; 5 Interest cannot be recovered upon unliquidated claims or damages, except
2. There must be Pleading and proof of actual damages suffered for the same when the demand can be established with reasonable certainty (CIVIL
to be recovered; CODE, Art. 2213).
3. The Amount of loss must be capable of proof; and
4 Courts are required to state the factual Bases of the award (Oceaneering MORAL
Contractors v. Barretto, GI:2.40,184215, February 9, 2011).
, Q: When are moral damages properly,' rded? (RAID)
Q: What is the proof requireinoteward actu nsatory damages? ANS: An award of moral damages the presentation of:
ANS_ In order that actuay-orcorapens -da jesftn9. an awarded, the claimant 1 Evidence of besmirc tion or physical, mental or psychological
must prove the following: \ suffering sustained by t-
1. The darriage- su ined„ts-the-natuzat iqatn:ip I consequences of the 2. A culpable Act or ornisS)* rtide tablished-
negliggnt-o,c 3 Proof that the act Is, p Instances expressed or
2, The a1aThsdtAmnusf adequately 'proye the aouri 6 damage (Mendoza envisioned by Arti,*-2219 rvil Code, and
v. Spousespom*, GR No 160110, June118, Proof that a Vongful act o omission of the • ndant is the proximate
cause oft afrages suita d by the claima ndoza v Gomez, G.R.
Q: What are t 'bsta'nces when actual damages may be alarde'd espite absence No 16011, „ • n'e ,1v8,, 20-14).
of documentary evyfence?
ANS: By way of, e4cect1on.,\ damages May be aarcled rs -Filb the absence of Note: The omiss,koiflrom ,, *4
. ... 2206(3) the brother sisters of a deceased
documentary eyidenea providedcthat-theFers4estimoOthatIthe yi,p49p as either- passenger revets the Agislatlye intent axclude th th'q, recovery of moral
1. Selt-eMple'yed earning less than the thirkillim %10.1age,4u der current labor damages for rittel,mgtirsti,lay reason of death . 2219 does not
include succeSsfton in the,collatesrali„line so
a 157009,
No. o recover moral
law4; and Odicial,00tice‘ may bele:7(401e fact that i he victim's line of
work 'no documentaryelence is agabje; or damages (Sulpicro,,LindliCv. CIAO, G. 2010)
2 Employed as a daily4Yage'trbtfer -earning „i4ss thai the minimum wage
under ClitTentiaboklaws1People y. Com te, G.R. o 189301, December Q: When are morata'.:ag4 recovera action predicated on a breach of
' ., 14.
15, 2010) , -•- / contract?
'"--
ANS: Generally, mora amaggeare an action predicated on a
1
Q: How is loss of earning'cakacify compitedZilthstrafe. breach of contract be se sod!' action is not included in Article 2219 of the Civil
ANS: The formula for the c,omputation,of ids Of.,,,earni)"g capacity is as follows: Code as one of the actiCig*4 which moral damages may be recovered. By way of
exception, moral damages are recoverable in an action predicated on a breach of
Net Earning Capacity = contract:
Life Expectancy x (Gross Annual Income - Necessary Living Expenses) 1 Where the mishap results in the death of a passenger of a common carrier,
2 resulting in breach of contract of carriage (CIVIL CODE, Art. 1764, in
Life Expectancy = — x (80-age of the deceased) relation to Article 2206, Par. 3; Phillranco Service Enterprises, Inc. v. Paras,
3
(Smith Bell Dodwell Shipping Agency Corporation v. Bona. G.R. No. 143008, June 10, G.R. No. 161909, April 25, 2012); and
2002). 2. Where the defendant acted fraudulently or in bad faith (CIVIL CODE, Art.
2220)
As to the necessary living expenses, the Supreme Court has consistently ruled
that the amount thereof is fixed at 50% of the gross income in the absence of proof of Q: When may a corporation be entitled to moral damages?
the amount of living expenses to be deducted from the gross income (Tamayo, et al v. ANS: A juridical person is generally not entitled to moral damages because, unlike a
Senora. el al., G.R No. 176946, November /5, 2010). natural person, it cannot experience physical suffering or such sentiments as wounded
feelings, serious anxiety, mental anguish, or moral shock. Nevertheless, a juridical
Q: What are the rules in the award of interest in the form of damages?
person can validly complain for libel or any other form of defamation and claim for moral
ANS: The following are the rules:
damages. Art 2219(7) does not qualify whether the plaintiff is a natural or juridical
1 If the obligation consists in the payment of a sum of money, and the debtor
person (Filipinas Broadcasting Network, Inc. v. Ago Medical and Educational Center-
incurs in delay, the indemnity for damages, there being no stipulation to the
Biro! Christian College of Medicine, G.R. No. 141994, January 17. 2005).
contrary, shall be the payment of the interest agreed upon, and in the
NOMINAL
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difference exists between them as a matter of language, they are treated the same
legally. In either case the party to whom payment is to be made is entitled to recover the
Q: When is nominal damages awarded? sum stipulated without the necessity of proving damages. Indeed one of the pnmary
ANS: Nominal damages may be awarded to a plaintiff whose right has been violated or purposes in fixing a penalty or in liquidating damages, is to avoid such necessity
invaded by the defendant, for the purpose of vindicating or recognizing that right, and (Lambert v. Fox, G.R. No. 7991, January 29, 1914).
not for indemnifying the plaintiff for any loss suffered by him. Its award is thus not for the
purpose of indemnification for a loss but for the recognition and vindication of a right EXEMPLARY
(Libcap Marketing Corp. v. Baquial, G.R. No. 192011, June 30, 2014).
Q: What are "exemplary damages"?
Note: The amount of nominal damages to award is addressed to the sound discretion
ANS: Also known as punitive or vindictive damages, exemplary or corrective damages
of the Court, taking into account the relevant circumstances .(De Leon v. MBC Human
are intended to serve as a deterrent to serious wrong doings, and as a vindication of
Resources Development Corp.. G.R. No. 188774. April 17. 2017).
undue sufferings and wanton invasion of the rights of an injured or a punishment for
those guilty of outrageous conduct (People v. Combate, G.R. No. 189301. December
TEMPERATE
15, 2010).
Q: What are "temperate damages"?
ANS: Temperate damages are damages which are more than nominal but less than Q: What are the instances where there may be a claim for exemplary damages?
compensatory. and may be recovered'Wtierthe•.cp_urt finds that some pecuniary loss ANS: Exemplary damages may be cl
has been suffered but its amount cannot be P - roye 0Q,h certainty (CIVIL CODE. Art. In criminal offenses, damages as a part of the civil liability may
2224). . „ be imposed when the,, committed with one or more aggravating
- circumstances (CIVIL 2230).
Note: When actual pimages p,roven by receipts-dur the tnal mount to less than the
2. In quasi-delicts, exempla es may be g ted if the defendant acted
sum allowed by thp ditat esnemperatedemages, 9340),' award of temperate
with gross negligenc,VC
damages is justified in lieu of actual damages wtiith ak'd sser amount. The
3. In contracts and,guesi-co ard exemplary damages
rationale for this ruleis Vat it iiwould be anomalous and unfekffr thkvictlm's heirs, who
if the defepdahr acted f eckless, oppressive or
tried and succeeded in cireseriting receipts and other evdence,t actual damages,
malevolent `anner (CIVIL,
to receive an amoyot aimich i teSihn Mt Pen -ag ges to those who
are not able titi .Presefit any eviderrce at all -(Peopie TumiIf y B4uccan, G.R No.
Q: What are the c,...,..z
ondito a ag
231612 (Noticil), August 19, 2019).
ANS: These %fhb condition d ag
1. T ay posed by wa ectio only in addition to
Q: Can temperate and actyal damages be awardeldiiiihe tric-Iime?
ns'atbryArage d ter of right, their
ANS: No, Terripertaterind attuat\clamages-Are mutVaNi. ex siveirithat both may not
detelTination tend Po ory damages that
be awarded at The same time (People v Guliefre_4;"G. RI No. 188602, February 4, may • the c ima
2010) •
2 The claimant mu ovfirst estabi his right to moral, temperate, liquidated or
compensatdr d. ges,
Q: Can temperate an nominal dSnages be-av,ided aype same time? 3 The wrong mus ith; and
ANS: No. The two a rd.& „are iNtiompatibte n be granted concurrently 4. The award lowed only if the guilty party acted in a wanton,
(Citytrust Banking Coorpo 4:11AC. a"; 27, 1994). fraudulent, ppressive or malevolent manner (Lim v Spouses
Gomez, G.R. 110, June 18, 2014).
CI: Are there exceptions to the riire ItraT temperate and actual damages are
mutually exclusive? ELWAVAfttOlvt alit r t i -:A,, ,

ANS. Yes. Temperate and actual damages may both be awarded:

1. In cases where the resulting injury might be continuing and possible future
complications directly arising from the injury, while certain to occur are
difficult to predict (Ramos v. CA, G.R. No. 124354, April 11, 2002): and
2_ In cases of additional damages to cover estimated future cost of proper care
where it would not be equitable for the victim to constantly come to court
and invoke their aid in seeking adjustments to the compensatory damages
previously awarded (Ramos v. CA, G.R. No. 124354, April 11, 2002).
LIQUIDATED
Q: What are "liquidated damages"?
ANS: Liquidated damages are those agreed upon by the parties to a contract, to be
paid in case of breach thereof (CIVIL CODE, Art. 2226).
Note In this jurisdiction, there is no difference between a penalty (penal clause in a
contract) and liquidated damages. so far as legal results are concerned_ Whatever
Q: What are the rules in awarding damages in case of death caused by crime or
quasi-delict?
ANS: The amount of damages for death caused by a crime or quasi-delict shall be at
least three thousand pesos, even though there may have been mitigating
circumstances. In addition:
The defendant shall be liable for the loss of the earning capacity of the
deceased, and the indemnity shall be paid to the heirs of the latter; such
indemnity shall in every case be assessed and awarded by the court unless
the deceased on account of permanent physical disability not caused by the
defendant, had no earning capacity at the time of his death;
2. If the deceased was obliged to give support, the recipient who is not an heir
called to the decedent's inheritance by the law of testate or intestate
succession, may demand support from the person causing the death, for a
period not exceeding five years the exact duration to be fixed by the court;
 CIVIL LAW I
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2 Responsibility from negligence in the performance of obligations may be

3. The spouse, legitimate and illegitimate descendants and ascendants of the
deceased may demand moral damages for mental anguish by reason of the regulated by the courts according to the circumstances (CIVIL CODE. Art.
1172, 2/78);
death of the deceased (CIVIL CODE, Art. 2206).
3. When the negligence shows bad faith, the obligor is responsible for all
Note: Art. 2206 provides that the minimum amount for awards of civil indemnity is damages which may be reasonably attributed to the non-performance of the
P3,000 but does not provide for a ceiling. Thus, although the minimum amount cannot obligation (CIVIL CODE Art 1173. 2178, 2201, par 2);
be changed, increasing the amount awarded as civil indemnity can be validly modified 4. Interest as a part of the damages may, in a proper case, be adjudicated in
and increased (People v. Jugueta, G.R. No. 202124, April 5, 2016). the discretion of the court (CIVIL CODE, Art. 2211); and
5 The contnbutory negligence of the plaintiff shall reduce the damages that he
Q: What kinds of damages may be recovered when death occurs due to a crime? may recover (CIVIL CODE, Art. 2214),
(IM — FACE)
ANS: When death occurs due to a crime, the following may be recovered: Q: What are the rules for determining the amount of damages in contracts and
1 Interest, in proper cases: quasi-contracts?
2 Moral damages: ANS The following are the rules
3 Attorney's Fees and expenses of litigation 1. The damages for which the obligor who acted in good faith is liable shall be
4 Actual or compensatory damages; those that are the natural anAprobable consequences of the breach of the
5. Civil indemnity ex de(tgto1 f the victim; and obligation, and which the. 's have foreseen or could have reasonably
6. Exemplary damege14Peopie v: Coq?baT$ R. No. 189301 December 15, foreseen at the time the n was constituted;
2010) 2. In case of fraud, bad taith,L e or wanton attitude, the obligor shall be
•

responsible for all damege may be reasonably attributed to the non-

CO- AWADUAUONOF-PAM performance of the oblig E, Art 01); and
3. The court may award e defendant acted in a
Q: What are the fistileraduation'of damages in tprt
wanton frauduldit reckleSs oppressive, levolent manner (CIVIL
ANS: Generally; the'd ree of care required is gradate g to the danger a
person or property may be subjected to, ar.itirjg_frolnAe act the actor pursues
CODE, Ar4232).
6vz;
•
;.
or the instrum nte* that heruses. The greater the danger, er the degree of Q: What are instances7. when damage ay be equitably; mitigated in contracts,
care required (ke-ppe/ Cebu; Shipyard v. Pioneer Infurance as. 180880-81, f .
• - quasi-contractsorld'quast-itelicts?
September 25 0J391 $,
ANS: In contrects, quet7contracts, and si-delicts tle cor may equitably mitigate
'z'j
the damages as in thef000,sg instances .xf
Q: What is th uIjipt the, ured party? 1. The plaintiff hifir.elf has ton ed the te tact:
ANS: Under the Doct e of A'voi'dable Consequercs, the Roily stl ring loss or injury
must exercise the diligeice of a gocd fathe minynize the damages Note: 'Articles 1192 and 22 1) are not irreconcilably conflicting. The
resulting from the act or oltujssion -question , Art. 22)93). plaintiff referred to .in Article 2215(1) should be deemed to be the second
• infractor, while lb one whos r damages may be mitigated is the
Q: What are the rulds,for a,pierrnu Ing ne-amoswor d4ma es in crimes? first infractor (Ong v. Soglialk jt Pa ?,21.,.V, September 12 2006).
ANS: The following are-tte rules/or arnaget Ill cnr s. 2. The plaintiff has (JOY& some benefit as a result of the contract:
1, Defendant is Rabid' fot all darliskhit e the natural and probable
Note: Art. 221„,k2gis inapplicable where the harm done outweighs any
consequences of tb-ac.t.or onlit'sycx lained of. It is not necessary that
benefits derived'froTh the contract (Sweet Lines, Inc. v. CA, G.R. L-46340,
such damages have been foreseen or could have reasonably been foreseen
April 28, 1983).
by the defendant (CIVIL CODE. Art. 2202);
2_ The damages to be adjudicated may be respectively increased or lessened 3. In cases where exemplary damages are to be awarded, the defendant acted
according to the aggravating or mitigating circumstances (CIVIL CODE, An. upon the advice of counsel;
2204); and 4. The loss would have resulted in any event; or
3. Interest as a part of the damages may, in a proper case, be adjudicated in 5. Since the filing of the action, the defendant has done his best to lessen the
the discretion of the court (CIVIL CODE. Art 2211, See also People v. plaintiff's loss or injury (CIVIL CODE, Art. 2215).
Jugueta, G.R. No 202124, April 5, 2016). Note: The enumeration in Art. 2215 is not exclusive as the law uses the
phrase "as in the following instances." Hence, Art. 2215(1) can be applied to
Q: What are the rules for determining the amount of damages in quasi-delict an analogous case where petitioner is equally guilty of breach. Art. 2215(1)
cases? does not take into account who the first infractor is (Tondo Medical Center v.
ANS: The following are the rules for damages in quasi-delicts: Rante, G.R. No 230645. July 1. 2019).
1. Defendant is liable for all damages which are the natural and probable
consequences of the act or omission complained of. It is not necessary that 0: What rules are applied in determining the amount of liquidated damages?
such damages have been foreseen or could have reasonably been foreseen ANS: The following are the rules'
by the defendant (CIVIL CODE, Art. 2202); 1. Liquidated damages shall be equitably reduced if they are iniquitous or
unconscionable (CIVIL CODE, Art 2227).
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2, When the breach of the contract committed by the defendant is not the one
contemplated by the parties in agreeing upon the liquidated damages, the
law shall determine the measure of damages, and not the stipulation (CIVIL
CODE, Art. 2228).

Q: What is the rule in determining the amount of damages when the losing party
shows a sincere desire for a compromise?
ANS: The courts may mitigate the damages to be paid by the losing party who has
shown a sincere desire for a compromise (CIVIL CODE, Ad. 2031).

RA NO.11291, MAGNA CARTA OF THE POOR

Q: Who are included in the term "Basic Sectors?"
ANS: Basic Sectors shall refer to the disadvantaged sectors of Philippine society
including farmer-peasants, fisherfolk, workers in the formal sector including migrant
workers, workers in the informal sector. indigenous peoples and cultural communities,
women, persons with disability.,,pntor1126,1-igtviotim„s of calamities/natural and human-
induced disasters, youth d studegts, ctltdren1 'la an poor and members of
cooperatives (RA No, .1 Se (a)):-
,
Q: What are the fu la en ghis_01-the.p.o.p.k?
ANS: The follow' g.ere u drrnentai rights:
1. Righift&ed.„ ate ood—The right-drindividual trrfa4ri r yes to have physical
and econocAtc 4cess to adeiitrale• and ttealt or the means to
pro ure..31,- ,, ;-
2. R' decent work,-,--The right to the opportUnIty-404tain decent and
pr uctiy6 employment, 'in conditions of fkeedom 'eamity gender equality,
seunt nd human dignity,
3 R t t:c relevant 'tend , quality--education The ;00,, tp attain the full
de lofimeut of the ffi man person; , ,
4. Right to ad uate'f-C' rig IO have a gecent, gfordabIe, safe and
cultu Ily appkopriate plce tc live in, with 9gnity, s curity of tenure in
accordance (Urpren Dev pment and Housing
Act of \992) in\peace,, With\ a'cces1 jo sic s rvices, facilities, and
livellhood:\nd
5 Right to tha+Nhi,g4sy pttaille staqa 0 ealth—The right to have
equitable accessNtti a;vadet „fkiiitio§,0,,goods, services and conditions
necessary for the reltizatiod-cifahe-traiest attainable standard of health
(R.A. No 11291. Sec. 4),

THAT IN ALL THINGS GOD MAY BE GLORIFIED

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