SYLLABUS FOR THE 2022 BAR EXAMINATIONS

CIVIL LAW (and Practical Exercises)

NOTE: This syllabus is an outline of the key topics that fall under the core subject “Civil Law
(and Practical Exercises)”. Accordingly, all Bar candidates should be guided that only laws, rules,
issuances, and jurisprudence pertinent to these topics as of June 30, 2021 are examinable
materials within the coverage of the 2022 Bar Examinations.

PART I

I. PRELIMINARY TITLE

A. Effect and application of laws

The publication must be of the full text of the
law since the purpose of publication is to
inform the public of the contents of the law.
Mere referencing the number of the
presidential decree, its title or whereabouts
and its supposed date of effectivity would
not satisfy the publication requirement
although the case involves a criminal action which preceded
the institution of the civil action, the strict sequence of institution of the two actions
as provided for by the Rules of Criminal Procedure is more directory than
mandatory. Hence, the prejudicial factual finding of genuineness of the seller’s
signatures on the questioned Deeds of Sale in the civil case must operate to bar
the prosecution of the accused for the falsification of the same signatures on the
same questioned Deeds of Sale. The doctrine of a prejudicial question serves the
following purposes: (i) to avoid multiplicity of suits; (ii) avoid unnecessary litigation;
(iii) avoid conflicting decisions; (iv) safeguard the rights of the accused; and (v)
unclog the courts' dockets.

B. Human Relations
There is unjust enrichment when a
person unjustly retains a benefit to the
loss of another, or when a person
retains money or property of another
against the fundamental principles of
justice, equity, and good conscience.
For the principle of unjust enrichment
pursuant to Article 22 of the Civil Code
to apply, the following requisites must
concur:
1. A person is unjustly benefited; and
2. Such benefit is derived at the
expense of or with damages to another.
Art. 19 has been violated resulting in damages under Art. 20. The principle of abuse of rights as
enshrined in Art. 19 of the Civil Code provides that every person must, in the exercise of his
rights and in the performance of his duties, act with justice, give everyone his due, and observe
honesty and good faith. B’s acts which violated the aforementioned provisions of law is her
unjustifiable act of having X’s water supply disconnected, coupled with her failure to warn or at
least notify X of such intention. On the part of the Water District, it is their failure to give prior
notice of the impending disconnection and their subsequent neglect to reconnect X’s water
supply despite the latter’s settlement of their delinquent account. Thus, X is entitled to moral
damages based on the provisions of Art. 2219, in connection with Arts. 2020 and 2121 of the
Civil Code.

II. PERSONS AND FAMILY RELATIONS

A. Persons
The fetus is considered born if it is alive
at the time it is completely delivered
from the mother’s womb. However, if
the fetus had an intra-uterine life of less
than seven months, it is not deemed
born if it dies within twenty-four hours
after its complete delivery from the
maternal womb

1. Civil personality
 right of an illegitimate child to use the surname of the illegitimate father is subject to compliance with the requirements
of Article 176, as amended by RA 9255. In this case, there is no express recognition of paternity made by the father in
the child’s birth certificate, nor in any instrument, whether public or private handwritten instrument. The child may not
2. Use of surnames rely on the birth certificate registered by the illegitimate father as basis to acquire the right to use the father’s surname
because said birth certificate is null and void.
a legitimate child is entitled
to use the surname of either
parent as a last name. The
provision states that
legitimate children shall “
principally” use the surname
of the father, but “principally”
does not mean “exclusively.”

3. Entries in the Civil Registry and Clerical Error Law (R.A. No. 9048, as amended)
Entries in a civil register may be changed or in case of an illegitimate child, the birth certificate shall be signed and sworn to
corrected without a judicial order with respect to jointly by the parents of the infant or only the mother if the father refuses to
clerical or typographical errors and change of acknowledge the child. Thus, it is mandatory that the mother of an illegitimate
first name or nickname, the day and month in child signs the birth certificate of her child in all cases, irrespective of whether
the date of birth or sex of a person where it the father recognizes the child as his or not. The only legally known parent of
is patently clear that there was a clerical or an illegitimate child, by the fact of illegitimacy, is the mother of the child who
typographical error or mistake in the entry, conclusively carries the blood of the mother. The mother must sign and agree
which can be corrected or changed by the to the information entered in the birth certificate because she has the parental
concerned city or municipal civil registrar or authority and custody of the illegitimate child
consul general
4. Absence After an absence of seven (7) years, it being unknown whether or not the absentee still
Arts. 390 and 391 of the Civil Code merely express rules of lives, he shall be presumed dead for all purposes, except for those of succession. The
evidence, thus, an action brought exclusively to declare a absentee shall not be presumed dead for the purpose of opening his succession till
person presumptively dead under either of the said articles after an absence of ten (10) years. If he disappeared after the age of seventy-five years
actually presents no actual controversy that a court could (75), an absence of five (5) years shall be sufficient in order that his succession may be
decide. In such action, there would be no actual rights to be opened (CIVIL CODE, Art. 390). The five (5)-year rule does not apply because X did
enforced, no wrong to be remedied nor any status to be not disappear after the age of seventy-five (75) years, since he was only seventy-four
established. A court action to declare a person presumptively (74) years old at the time he disappeared.
dead under Arts. 390 and 391 would be unnecessary as the
presumption in the said articles is already established by law

a. Civil Code provisions

In the en banc ruling of the Court in David v. Calilung, it was held
that for marriages contracted during the effectivity of the Family
Code, only the husband or the wife of the marriage to be
declared void who shall have the legal personality to file the
petition pursuant to AM No. 02-11-10-SC. The only exception is
when the ground is bigamy, where the aggrieved spouse in the
prior marriage also has the personality to file the petition.
b. Presumptive death of absent spouse under the Family Codeand circumstances of reappearance;
A close reading of the entire Article 42 reveals that the
termination of the subsequent marriage by reappearance
of the absent or presumptively dead spouse is subject to
several conditions:
1. The non-existence of a judgment annulling the previous
marriage or declaring it void ab initio;
2. Recording in the civil registry of the residence of the parties
to the subsequent marriage of the sworn statement of fact

To be able to comply with the requirement “well-founded belief” that the absentee is dead, the 3. Due notice to the spouses of the subsequent marriage of
present spouse must prove that his/her belief was the result of diligent and reasonable efforts and the fact of reappearance; and
inquiries to locate the absent spouse and that based on these efforts and inquiries, he/she 4. The fact of reappearance must either be undisputed or
believes that under the circumstances, the absent spouse is already dead. It requires exertion of judicially determined
active effort (not a mere passive one). As to the third requisite, R failed to allege, much less prove,
the extent of the search he had conducted in the places where he claims to have gone. R also remedy of recording of affidavit of reappearance is not
failed to identify which of L’s relatives he had communicated with, and disclose what he learned applicable if the subsequent marriage is void for the simple
from these communications. R also never sought the help of the authorities to locate L in the reason that there is nothing to be terminated in a
course of her ten (10)-year disappearance void marriage. The subsequent marriage is void on the ground
of bigamy because the following requisites are not complied
B. Marriage with prior to the celebration of the subsequent marriage: (1)
the prior spouse must have been absent for a period of
The Family Code provides that marriages lacking any essential or formal four or two years; (2) the spouse present must have a
requisite are void ab initio (with the exception of marriages solemnized well-founded belief that the
by any person not legally authorized to perform marriages where either absentee spouse is already dead; and (3) the spouse present
or both parties believed in good faith that the solemnizing officer had the obtained a judicial declaration of presumptive death of the
legal authority to do so), that marriages attended by a defective essential absentee spouse. Since the subsequent marriage is void on
requisite are voidable, and that marriages attended by an irregularity as the ground of bigamy, Y, being the aggrieved spouse in a prior
to formal requisites are valid, subject to the potential criminal, civil, or marriage, has the personality to file the petition to declare the
administrative liability of those responsible for the irregularity subsequent marriage void pursuant to the ruling of the Court in
Juliano-Llave v. Republic and Fujiki v. Marinay.
1. Requisites of marriage
The essential requisites of marriage are:
1. Legal capacity of the contracting parties who must be a male and a female; and
2. Consent freely given in the presence of the solemnizing officer (FAMILY CODE,
Art. 2).
The formal requisites of marriage are:
1. Authority of the solemnizing officer;
2. A valid marriage license except in the cases provided for marriages exempt from
the license requirement and;
3. A marriage ceremony which takes place with the appearance of the contracting
parties before the solemnizing officer and their personal declaration that they take
each other as husband and wife in the presence of not less than two (2) witnesses
of legal age
 Under the law, a marriage which has been celebrated without a valid marriage license is a
void marriage if the same is not exempt from the requirement of a marriage license.
2. Exemption from license requirement

3. Marriages solemnized abroad and foreign divorce F may prove in the criminal action that when she contracted the
It is neither required that the divorce decree should be by a judicial decree (Racho v. subsequent marriage, she was already released from the previous
Seiichi Tanaka, G.R. No. 199515, June 25, 2018) nor is it necessary that the divorce marriage. In other words, the judicial recognition of the divorce obtained
decree be obtained solely by the foreign spouse to be recognized in this jurisdiction. The abroad need not be done in a separate proceeding solely for the said
twin elements for the application of Paragraph 2 of Article 26 as follows: purpose. Instead, the judicial recognition can be put up as a defense in the
(1) there is a valid marriage that has been celebrated between a Filipino citizen and a criminal action for bigamy.
foreigner; and
(2) valid divorce is obtained abroad by the alien spouse capacitating him or her to
remarry. The second element only requires that there be a divorce validly obtained
abroad. The letter of the law does not demand that the alien spouse should be the one
who initiated the proceeding wherein the divorce decree was granted. It does not
distinguish whether the Filipino spouse is the petitioner or the respondent in the foreign
divorce proceeding
4. Void and voidable marriages

a. Annulment under Article 36 (as recently articulated in Tan-Andal v. Andal, G.R. No. 196359,
May 11, 2021; Totality of Evidence Rule) The Court clarified in Tan-Andal, that psychological incapacity is an enduring and
So long as the totality of evidence sufficiently proves the psychological durable aspect of one’s personality structure which is so dysfunctional that it renders
incapacity of one or both of the spouses, a decree of nullity of marriage him or her totally unable to comply with the essential marital obligations.
may be issued. Psychological incapacity is neither a mental incapacity Since psychological incapacity is no longer viewed as an illness but a personal
nor a personality disorder that must be proven through expert opinion. condition of the spouse suffering from it, the cause of such incapacity is not medical but
The spouse’s personality structure must make it impossible for him or brought about by genuine serious psychic cause that can be testified to by ordinary
her to understand and, more important, to comply with his or her witnesses. Hence, the testimony of an expert witness is not necessary. In this case, the
essential marital obligations. Ordinary witnesses who have been present totality of the evidence presented establishes Y’s psychological incapacity.
in the life of the spouses before the latter contracted marriage may
testify on behaviors that they have consistently observed from the
supposedly incapacitated spouse
C. Legal Separation
As a ground for legal separation, the the fact that the husband and wife were separated from bed and board (a mensa et thoro) at the time of
abandonment referred to by the the supposed sale of the conjugal property by one of the spouses to a third person did not exempt the
Family Code is abandonment without disposition from the requirement of obtaining the other spouse’s consent under Article 116 of the Family
justifiable cause for more than one (1) Code
year. The act of L of leaving the
house due to W’s abusive conduct
does not constitute the abandonment
contemplated in the aforementioned
provision

D. Rights and obligations between husband and wife

The law provides that the husband and the wife
are obliged to live together, observe mutual love,
respect and fidelity. The sanction therefore is the “
spontaneous, mutual affection between husband
and wife and not any legal mandate or court order”
to enforce consortium (In the Matter of the Petition
for Habeas Corpus of Illusorio v. Illusorio-Bildner,
G.R. No. 139789, July 19, 2001). Except for
support, the personal obligations of spouses
cannot be enforced by court action.
E. Property relations between husband and wife
Art. 166, when read in relation to Art. 173 of the Civil Code,
leads to the inescapable conclusion that a contract disposing or
encumbering conjugal real property without the wife’s consent
is not void but merely voidable. Arts. 96 and 124 of Family
Code now expressly declares that alienations or encumbrances
of community or conjugal property without the consent of the
other spouse are null and void However, there is a special
nature of these void transactions under the Family Code, as
this can become binding contracts upon the acceptance by the
other spouse or authorization by the court before the continuing
offers are withdrawn by either or both spouses
Under Article 130 of the Family Code, a mandatory regime of complete
separation of property shall govern the property relations of the subsequent
marriage should the surviving spouse contract a subsequent marriage without
liquidating the conjugal partnership property. Under said regime, each spouse
owns the property which he or she brings to the marriage or which he or she
may acquire during the marriage by onerous or gratuitous title. Furthermore,
Article 145 of the Family Code states that each spouse shall own, dispose of,
possess, administer and enjoy his or her own separate estate, without need of
the consent of the other. As far as the subject conjugal property is concerned,
one-half undivided interest therein pertained to T as his conjugal share, and the
other half, which was A’s share, pertained to her legal heirs.
Thus, the subject property was co-owned by T and the legal heirs. Pending
liquidation of the co-owned property, the alienations of the parties or co-owners
must be considered limited to their respective undivided interests, and cannot
involve any particular property or physical part of it. Thus, he could have
disposed of this without the need of anyone’s consent, not even from the
spouse
 1. General provisions
If the future spouses agree upon a regime other than the absolute community of property,
they cannot donate to each other in their marriage settlements more than 1/5 of their present
property. Any excess shall be considered void. While the regime agreed upon is one other
than the absolute community of property, there was no excess over the 1/5 threshold
It is not necessary to prove that the property was acquired with conjugal funds and the
presumption still applies even when the manner in which the property was acquired does not
appear. Once the condition sine qua non that the property was acquired during the marriage is
established, then the presumption that all properties acquired during the marriage, whether the
acquisition appears to have been made, contracted or registered in the name of one spouse or
both spouses, are conjugal, remains until the contrary is proved
2. Donations by reason of marriage
Donations propter nuptias or
donations by reason of marriage
are those which are made before
its celebration, in consideration of
the same, and in favor of one OR
both of the future spouses
The stipulation that their property relations would commence
from the time a child is born is void. The stipulation that
community property shall exclude all the property owned by
the spouses at the time of the celebration of the marriage is
valid. The absolute community of property between spouses
shall commence at the precise moment that the marriage is
celebrated. Any stipulation, express or implied, for the
commencement of the
community regime at any other time shall be void. Unless
otherwise provided in the Chapter on the System of Absolute
Community of the Family Code or in the marriage settlements,
the community property shall consist of all the property owned
by the spouses at the time of the celebration of the marriage or
acquired thereafter

3. Absolute Community of Property

While there is jurisprudence to the effect that conjugal properties may be levied to answer for the civil liability adjudged against one spouse in a criminal case, in
those cases the erring spouses were found guilty beyond reasonable doubt of the crimes charged against them and thus, the civil liabilities imposed are interpreted
to fall within the purview of "fines and indemnities" referred to in Article 122 of the Family Code. In this case, however, the criminal case was dismissed and only the
civil aspect of the BP 22 case was resolved, i.e., the liability for the loan obtained by H as evidenced by the bounced check, and thus, is properly characterized as
a "debt or obligation." Since the debt of H was contracted without the consent of W and the same did not redound to the benefit of the family (because H gambled
and lost the proceeds of the loan), the conjugal partnership is not liable to pay the civil liability

4. Conjugal Partnership of Gains

The property regime of X and Y is conjugal partnership because they got married without
a marriage settlement during the effectivity of the Civil Code. Therefore, the subject
property is presumed to be a conjugal property. According to the en banc ruling of the
Court in Cuenco v. Bautista, the proper characterization of a contract of sale of conjugal
property by one of the spouses without the consent of the other spouse made during the
effectivity of the Civil Code is that the same is merely voidable and not void because the
aggrieved spouse is given by law the right to annul the contract within a period of ten
years from the date of the questioned transaction. Since the questioned transaction took
place in 1986, the right of Y to file the action for annulment had already prescribed in 1997.
Hence, the action filed by Y in 2015 can no longer prosper.
5. Separation of property and administration of common property by one spouse during the
marriage

6. Regime of separation of property

7. Property regime of unions without marriage

In an ordinary co-ownership, a co-owner may validly alienate A reading of Article 148 of the Family Code readily shows that there must be proof of “actual
or encumber his undivided share in the common property joint contribution” by both live-in partners who are incapacitated to marry each other before the
without the consent of the other co-owners. However, in the property becomes co-owned by them in proportion to their contribution. The presumption of
special co-ownership between parties living together as equality of contribution arises only in the absence of proof of their proportionate contributions,
husband and wife, Article 147 creates an exception, such that subject to the condition that actual joint contribution is proven first. Simply put, proof of actual
as long as the cohabitation lasts and the co-ownership exists, contribution by both parties is required, otherwise there is no co-ownership and no
no disposition inter vivos of such undivided share can be presumption of equal sharing
validly made by one party without the consent of the other.
This prohibition against a spouse to donate any absolute
community property or conjugal partnership property without
the consent of the other spouse equally applies to
common-law relations or cohabitations of a man and a
woman without a valid marriage or under a void marriage
 Note: Art. 154 provides that the beneficiaries of a family The term “descendants” under Art. 154 of the Family
home are: Code contemplates all descendants of the person or
1. The husband and wife, or an unmarried person who is persons who constituted the family home without
F. Family home the head of a family; and distinction; hence, it must necessarily include the
Is a minor entitled to the continued use and 2. Their parents, ascendants, descendants, brothers and grandchildren and great grandchildren of the spouses
non-partition of a family home despite the death sisters, whether the relationship be legitimate or who constitute a family home.
of the head of the family who constituted the illegitimate, who are living in the family home and who The rules with respect to a signature in private handwritten
same? depend upon the head of the family for legal support. instruments acknowledging filiation are as follows:
Yes, provided the following requisites concur: The only three instances when the right to fle an action to 1. Where the private handwritten instrument is the lone
1. The relationship enumerated in Art. 154 of claim legitimate fliation under Art. 173 of the Family piece of evidence submitted to prove filiation, there
the Family Code; Code passes to the child’s heirs are: should be strict compliance with the requirement that the
2. They live in the family home, and 1. When the child dies during minority; same must be signed by the acknowledging
3. They are dependent for legal support upon 2. When the child dies in a state of insanity; or parent; and
the head of the family 3. When the child dies after the commencement of the 2. Where the private handwritten instrument is
G. Paternity and filiation action accompanied by other relevant and competent evidence,
Legitimacy of a child may be impugned only on the following grounds: it suffices that the claim of filiation therein be shown to
1. That it was physically impossible for the husband to have sexual intercourse with his wife within the first have been made and handwritten by the
120 days of the 300 days which immediately preceded the birth of the child because of: acknowledging parent as it is merely corroborative of such
a. The physical incapacity of the husband to have sexual intercourse with his wife; other evidence
b. The fact that the husband and wife were living separately in such a way that sexual intercourse was 1. The artificial insemination has been authorized or ratified
not possible; or by the spouses in a written instrument executed and
c. Serious illness of the husband, which absolutely prevented sexual intercourse; signed by them before the birth of the child; and
2. That it is proved that for biological or other scientific reasons, the child could not have been that of the 2. The written instrument is recorded in the civil registry
husband, except in the instance of children conceived as a result of artificial insemination; or together with the birth certificate of the child
3. That in case of children conceived through artificial insemination, the written authorization or ratification
Any action seeking to prove filiation sought under "The
1. Legitimate children
of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence.
open and continuous possession of the status of a
legitimate child" must be brought during the lifetime of
the alleged parent. After the death of a putative parent,
the Family Code provides that the person seeking to
establish illegitimate filiation must present either a
record of birth appearing in the civil register, or a final
judgment, or an admission of legitimate filiation. Thus,
after A’s death, W, X and Y could no longer be allowed
to introduce evidence of open and continuous illegitimate
filiation to A

2. Proof of filiation
While an action to establish legitimate filiation can be transmitted to the child’s heirs, such transmissibility is only allowed in two
situations: (1) when the child dies during minority; or (2) when the child dies during a state of insanity.

3. Illegitimate children While an illegitimate father, like X, is not granted by law parental authority, it is still possible for X to
exercise parental authority over his illegitimate child in view of the peculiar situation in this case.
Illegitimate children may use the surname of their father: Here, X was the actual custodian of A. Hence, if the allegation of X that Y and her parents are unfit
1. If their filiation has been expressly recognized by the father to exercise parental authority over A, then X will be entitled to exercise substitute parental authority
through the record of birth appearing in the civil register, or over A pursuant to Article 216 of the Family Code, in case of default of the child’s mother and
2. When an admission in a public document or private maternal grandparents. As such, the trial court committed an error when it did not afford X the right
handwritten instrument is made by the father to substantiate his allegations.
Art. 176 gives illegitimate children the right to decide if they
want to use the surname of their father or not.
It is not the father or the mother who is granted by law the right
to dictate the surname of their illegitimate children
4. Legitimated children
While C is not B’s biological child, he was legitimated under the latter’s name. Art. 178 states that “legitimation shall take place by a subsequent valid marriage
between parents.” Since B is not C’s biological father, it was improper to have C legitimated after the celebration of B and A’s marriage. B voluntarily
but falsely acknowledged C as his son. Art. 1431 of the Civil Code provides that through estoppel an admission or representation is rendered conclusive upon the
person making it, and cannot be denied or disproved as against the person relying thereon. The principle of estoppel now bars B from making an assertion contrary to
his previous representations. C remains to be B’s son, and pursuant to Art. 179 of the Family Code, the former is entitled to the same rights as those of a legitimate
child, including the receipt of his father’s support
This is without prejudice to the filing of a
direct action to impugn the legitimacy of C

H. Adoption
As a general rule, the husband and wife must file a joint
petition for adoption. The law provides for several exceptions
to the general rule, as in a situation where a spouse seeks to
adopt his or her own children born out of wedlock. In this
instance, joint adoption is not necessary. However, the
spouse seeking to adopt must first obtain the consent of his
or her spouse. In this case, in the absence of any decree of
legal separation or annulment, J and R remained legally
married despite their de facto separation. For J to be eligible
to adopt A and B, R must first signify her consent to the
adoption.
 1. Domestic adoption (R.A. No. 8552)
Our domestic law, particularly the Domestic Adoption Act (RA 8552) provides that
in legal and intestate succession, the adopter(s) and the adoptee shall have 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 succession shall govern.

Under our law the relationship established by adoption is limited solely to the adopter and the adopted and does
not extend to the relatives of the adopting parents or of the adopted child except only as expressly provided for
by law. Hence, no relationship is created between the adopted and the collaterals of the adopting parents. As a
consequence, the adopted is an heir of the adopter but not of the relatives of the adopter

a. Who may adopt

b. Who may be adopted

The following may be adopted under RA 8552:
1. A child who has been certified by the DSWD as legally available for adoption.
The certification shall be, for all intents and purposes, the primary evidence that the
child is legally available in a domestic adoption proceeding, as provided in RA 8552;
2. Legitimate child of the other spouse;
3. Illegitimate child of a qualified adopter to improve the child’s status;
4. A person of legal age, who, prior to the adoption, has been consistently
considered by the adopter as his/her own child since minority;
5. Child whose adoption has been previously rescinded; and
6. Child whose biological or adoptive parents have died provided that no
proceedings shall be initiated within 6 months from the time of death of said parents

c. Rights of an adopted child

the illegitimate child, upon adoption by her natural father, may use
the surname of her natural mother as the middle name. One of
the effects of adoption is that the adopted is deemed to be a
legitimate child of the adopter for all intents and purposes
pursuant to Article 189 of the Family Code and Section 17 Article
V of RA 8552. Being a legitimate child by virtue of adoption, it
follows that the adopted child is entitled to all the rights provided
by law to a legitimate child without discrimination of any kind,
including the right to bear the surname of his/her father
and mother
d. Instances and effects of rescission
the adopted person can ask for rescission of adoption. Upon petition of the adoptee, with the
assistance of the DSWD if a minor or if over 18 years of age but is incapacitated, as
guardian/counsel, the adoption may be rescinded on any of the following grounds committed by
the adopters:
1. Repeated physical and verbal maltreatment by the adopter/s despite having undergone
counseling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence; or
4. Abandonment and failure to comply with parental obligations

2. Inter-country adoption (RA 8043)

a. When allowed
No child shall be matched to a foreign
adoptive family unless it can be
satisfactorily shown that the child cannot
be adopted locally
An alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a
Filipino child if he/she:
1. Is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted, at
the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse
of such parent;
2. If married, his/her spouse must jointly file for the adoption;
3. Has the capacity to act and assume all rights and responsibilities of parental authority under his national
laws, and has undergone the appropriate counseling from an accredited counselor in his/her country;
4. Has not been convicted of a crime involving moral turpitude;
5. Is eligible to adopt under his/her national law;
6. Is in a position to provide the proper care and support and to give the necessary moral values and example
to all his children, including the child to be adopted;
7. Agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention
on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions
of this Act;
8. Comes from a country with whom the Philippines has diplomatic relations and whose government
maintains a similarly authorized and accredited agency and that adoption is allowed under his/her national
laws; and
9. Possesses all the qualifications and none of the disqualifications provided herein and in other applicable
Philippine laws
 b. Who may adopt

c. Who may be adopted

A child who has been certified by the DSWD as legally available for adoption. The certification shall be, for all
intents and purposes, the primary evidence that the child is legally available in an inter-country adoption proceeding

I. Support
An action for support may resolve an ineluctable issue
of paternity if it involves the same parties, is brought
before a court with the proper jurisdiction, prays to
impel recognition of paternal relations, and invokes
judicial intervention to do so. Filiation proceedings need
not be separately instituted first to ascertain the minor
child’s paternity before a complaint for support could be
fled. The direct fling of an action for support, where the
issue of compulsory recognition may be integrated and
resolved
Following Art. 199 of the Family Code, grandchildren cannot demand support directly from their
grandparents if they have parents (ascendants of nearest degree) who are capable of supporting
them. In this case, the support B can provide is clearly insufficient, hence his parents can be held
jointly liable. Although the obligation to provide support arising from parental authority ends upon
the emancipation of the child, the same obligation arising from spousal and general familial ties
ideally lasts during the obligee’s lifetime.
Also, while parental authority and the correlative parental rights pertains to parents, passing to
ascendants only upon its termination or suspension, the obligation to provide legal support passes
on to ascendants not only upon default of the parents but also for the latter’s inability to provide
sufficient support

J. Parental authority Note: The special parental authority and responsibility under Article 218 of the Family Code
Under Article 219 of the Family Code, if the person under custody is a applies to field trips, excursions and other affairs of the pupils and students outside the
minor, those exercising special parental authority are principally and school premises whenever authorized by the school or its teachers
solidarily liable for the damages caused by the acts or omissions of the Art. 221 of the Family Code requires that the child, doer of the tortious act, shall have
unemancipated minor while under their supervision, instruction, or been in the actual custody of the parents sought to be held liable for the ensuing damage.
custody. However, to be liable, there must be a finding that the act or Moreover, the parental authority is not properly regarded as having been retroactively
omission considered as negligent was the proximate cause of the transferred to and vested in the adopting parents, spouses S and F, at the time the air rife
injury. In this case, the school cannot be held liable because the shooting happened. The retroactive effect may not be given so as to impose a liability
accident was not shown to be due to the negligence of the school but upon the adopting parents accruing at a time when the adopting parents had no actual or
rather the detachment of the steering wheel guide of the jeep. The physical custody over the adopted child. In the instant case, to hold that parental authority
negligence of the school was only a remote cause of the accident had been retroactively lodged in spouses S and F so as to burden them with liability for a
K. Emancipation tortious act that they could not have foreseen and which they could not have prevented
Unless otherwise provided, majority commences at the age of would be unfair and unconscionable
eighteen (18) years

Contracting marriage, however, shall require parental consent

until the age of 21. Furthermore, nothing in the Family Code
shall be construed to derogate from the duty or responsibility of
parents and guardians for children and wards below 21 years
of age mentioned
The Family Code shall have retroactive effect insofar as it does not prejudice or impair vested or
L. Retroactivity of the Family Code acquired rights in accordance with the Civil Code or other law

Art. 774 of the Civil Code provides: Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the
inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. Art. 776 further provides that the inheritance
includes all the property, rights and obligations of a person which are not extinguished by his death. Even if Heirs of A did not inherit the property involved herein, by
legal fiction the monetary equivalent thereof devolved into the mass of their father’s hereditary estate, and that the hereditary assets are always liable in their totality for
the payment of the debts of the estate. It must, however, be made clear that they are liable only to the extent of the value of their inheritance
III. SUCCESSION

A. General provisions
there is no legal bar to an heir disposing of his/her hereditary share immediately after the death of the decedent. Under Article 777 of the Civil Code, the transmission
by succession occurs at the precise moment of death and, therefore, at that precise time, the heir is already legally deemed to have acquired ownership of his/her
share in the inheritance, “and not at the time of declaration of heirs, or partition, or distribution.” A sale made by a legal or intestate heir of his share in an inheritance
does not interfere with the administration of the estate. In this case, upon the death of A, R became the absolute owner of the devised subject property, subject to a
resolutory condition that upon settlement of A’s Estate, the devise is not declared inoffiicious or excessive
The transferee in this case cannot yet compel the issuance of a new certificate of title covering the specific property in his/her name. Reading Article 777 of the Civil
Code together with Sections 91 and of PD 1529 and Rule 90, Section 1 of the Rules of Court, while an heir may dispose and transfer his/her hereditary share to
another person, before the transferee may compel the issuance of a new certificate of title covering specific property in his/her name, a final order of distribution of
the estate or the order in anticipation of the final distribution issued by the testate or intestate court must first be had. Here, despite the existence of a valid contract
of sale between R and the Sps. I and C, which ordinarily would warrant the delivery of the owner’s duplicate copy of OCT in favor of the latter, pending the final
settlement of the Estate of Amanda, and absent any order of final distribution or an order in anticipation of a final distribution from the Probate Court, the RD cannot
be compelled at this time to cancel OCT and issue a new certificate of title in favor of the Sps. I and C.
 c. Holographic Will
a. Common Formalities 1. It must be entirely written by the hand of
1. It must be in writing; and the testator himself;
B. Testamentary succession 2. It must be executed in a language or dialect known to the testator. 2. It must be entirely dated by the hand of
the testator himself; and
The requirement of the b. Notarial Will (SAMPAA) 3. It must be signed by the hand of the
statute that the will shall 1. Subscription – Subscribed at the end thereof by the testator testator himself.
be “signed” is satisfied himself or by testator’s name written by some other person in his
not only the customary presence and by his express direction;
d. Special Cases
written signature but 2. Attested and subscribed by 3 or more credible Witnesses in the
1. If the testator be deaf, or a deaf-mute,
also by the testator’s or presence of the testator and of one another;
he must personally read the will, if able to
testatrix’ thumbmark 3. Marginal signature –All of the pages are signed, except the last,
do so; otherwise, he
on the left margin by:
shall designate two persons to read it and
i. The testator or the person requested by him to write his name; and
communicate to him, in some practicable
ii. The instrumental witness;
manner, the contents
4. Page numbering – All the pages are numbered correlatively in
thereof.
1. Wills
letters placed on the upper part of each page;
2. If the testator is blind, the will shall be
5. Attestation clause executed by the witnesses showing:
In requiring that each and every sheet of the read to him twice; once, by one of the
i. The number of pages used;
will should also be signed on the left margin by subscribing witnesses, and again, by the
ii. The fact that the testator signed the will and every page thereof or
the testator and three witnesses in the notary public before whom the will is
caused some other person to write his name under his express
presence of each other, the law evidently has acknowledged.
direction, in the presence of the instrumental witnesses; and
for its object to avoid the substitution of any of iii. That the instrumental witnesses witnessed and signed the will
said sheets, thereby changing the testator’s and all the pages in the presence of the testator and of one another ^jurisprudence extended the
dispositions. But when these dispositions are 6. Acknowledgment – Properly acknowledged before a notary application of Article 808 to cover not
wholly written on only one sheet signed at the public by the testator and the said witnesses just the blind but also illiterates
bottom by the testator and three witnesses,
their signatures on the left margin of said sheet While the law requires that the will must be paged with letters,
would be completely purposeless paging with Arabic numerals and not with letters, is within the
spirit of the law and is just as valid as paging with letters
2. Institution of heirs (including declaration of heirship as decided in Treyes v. Larlar, G.R. No.
232579. September 8, 2020)
The rights of succession are transmitted from the moment of the death of the decedent pursuant to Article 777 of the Civil Code. The operation of Article
777 occurs at the very moment of the decedent’s death — the transmission by succession occurs at the precise moment of death and, therefore, the heir
is legally deemed to have acquired ownership of his/her share in the inheritance at that very moment, and not at the time of declaration of heirs, or partition,
or distribution.
No judicial declaration of heirship is necessary in order that an heir may assert his or her right to the property of the deceased. Unless there is a pending special
proceeding for the settlement of the decedent’s estate or for the determination of heirship, the compulsory or intestate heirs may commence an ordinary civil action to
declare the nullity of a deed or instrument, and for recovery of property, or any other action in the enforcement of their ownership rights acquired by virtue of
succession, without the necessity of a prior and separate judicial declaration of their status as such.

3. Substitution of heirs
The substitute shall be subject to the same charges and conditions imposed upon the instituted heir, unless the testator has expressly provided the contrary, or the
charges or conditions are personally applicable only to the heir instituted (CIVIL CODE, Art. 875). Thus, when the charges or conditions are personally applicable only
to the heir instituted, the substitute shall not be subject to the same charges and conditions imposed upon the instituted heir.

When must the condition imposed on an instituted heir be fulfilled?

The rules on the fulfillment of such condition are as follows:
1. Any purely potestative condition imposed upon an heir must be fulfilled by him as
soon as he learns of the testator’s death, except when the condition, already complied
with, cannot be fulfilled again (CIVIL CODE, Art. 876);
4. Conditional testamentary dispositions and those with a term
2. If the potestative condition imposed upon the heir is negative, or consists in not doing,
Any disposition made upon the condition that the heir shall make some
the heir, legatee or devisee acquires his right as a matter of course without any limitation
provision in his will in favor of the testator or of any other person shall be void
other than not doing or not giving something. However, in order that such heir, legatee or
Discuss the effect of a modal institution. devisee shall not perform or give that which is prohibited, he is required to give a bond or
The statement of the object of the institution, or the application of the security known as “caucion muciana” (CIVIL CODE, Art. 879); or
property left by the testator, or the charge imposed by him, shall not be 3. If the condition is casual or mixed, it shall be sufcient if it happens or be fulflled at any
considered as a condition unless it appears that such was his intention. time before or after the death of the testator, unless he has provided otherwise. Should it
That which has been left in this manner may be claimed at once have existed or should it have been fulfilled at the time the will was executed and the
provided that the instituted heir or his heirs give security for compliance testator was unaware thereof, it shall be deemed complied with. If he had knowledge
with the wishes of the testator and for the return of anything he or they thereof, the condition shall be considered fulfilled only when it is of such nature that it can
may receive, together with its fruits and interests, if he or they should no longer exist or be complied with again
disregard this obligation (CIVIL CODE, Art. 882). A modal institution is
one which imposes on the legatee or devisee a prestation
5. Legitime
Important reminders on conditional testamentary disposition: (1) there are only two impositions that may validly affect the legitime: (i) prohibition against partition of
estate, including legitime, for a period not exceeding 20 years; (ii) to keep family business intact, it can be given to one of the children in partition inter vivos and order
payment of legitime of other children in cash. (2) prohibition against alienation of inheritance for a period not exceeding 20 years can only be imposed upon
disposable free portion but not to the legitime. (3) An absolute condition not to marry is an impossible condition, deemed not imposed. But a relative prohibition
(relative as to person, period and place) is valid condition, but it can be imposed only upon the disposable free portion. If imposed upon the legitime, it is deemed not
made. (4) A prohibition imposed upon the spouse not to contract remarriage is valid if imposed by the deceased spouse, or by ascendants or descendants of the
deceased spouse. But can be imposed only upon the disposable free portion. It cannot be imposed upon the legitime; otherwise, it is deemed not made. (5)
Dispocision captatoria: (i) there is a condition imposed upon the disposition; (ii) condition is that an heir, devisee or legatee must also make some disposition in his will
in favor of the testator or any other person; (iii) disposition itself is void, not only the condition.
The nationality principle is not applied when determining the extrinsic
validity of an alien's last will and testament. When it comes to the
Preterition consists in the omission in the testator’s will of a compulsory heir in the direct probate of an alien's will, whether executed here or abroad, the alien's
line or anyone of them either because they are not mentioned therein or although national law may be pleaded and proved before the probate court.
mentioned they are neither instituted as heir nor expressly disinherited. In order that Otherwise, Philippine law will govern by default. Article 817 of the Civil
there be preterition, it is essential that the heir must be totally omitted. Perfecto left no Code provides an option to the heirs or the executor: to use Philippine
will. Under Article 854, the presence of a will is necessary. A could not have been totally law, or plead and prove foreign law. Thus, it does not remove
excluded in the inheritance of P even if she was not allegedly given any share in the jurisdiction from the Philippine court. Consequently, if an
disputed two lots. If Araceli’s share in the inheritance of P as claimed by her was indeed alien-decedent duly executes a will in accordance with the forms and
impaired, she could have instituted an action for partition or a settlement of estate solemnities required by Philippine law, barring any other defect as to
proceedings instead of her complaint for cancellation of free patent and reconveyance the extrinsic validity of the will, the courts may take cognizance of the
petition and allow the probate of the will.
 One of the grounds for disinheritance is the maltreatment of the testator by word or deed, by the child or descendant. In the case at
bar, the incidents mentioned in the will, taken as a whole, can be considered a form of maltreatment by R to J (Seangio v. Reyes,
G.R. nos. 140371-72, November 27, 2006). Therefore, the acts constitute maltreatment, a valid ground for disinheritance.
6. Disinheritance The children and descendants of the person disinherited shall take his or her place and
In cases where there is no cause expressly stated; the cause was denied shall preserve the rights of compulsory heirs with respect to the legitime; but the
by the heir concerned and not proved by the instituted heir (no true cause);disinherited parent shall not have the usufruct or administration of the property which
the cause was not given in the law (no legal cause); or there was constitutes the legitime
subsequent reconciliation between the offended and offender, shall annul A subsequent reconciliation between the offender and the offended person deprives the
the institution of heirs insofar as it may prejudice the person disinherited; latter of the right to disinherit, and renders ineffectual any disinheritance that may have
but the devises and legacies and other testamentary dispositions shall be been made
valid to such extent as will not impair the legitime (CIVIL CODE, Art. 918).
Otherwise stated, in disinheritance, the nullity is limited to that portion of
the estate of which the disinherited heirs have been illegally deprived
(Nuguid v. Nuguid, G.R. No. L-23445, June 23, 1966). Thus, the institution
remains valid, but must be reduced insofar as the legitime has been
impaired.
7. Legacies and devises
The instances wherein legacies and devises are revoked by operation of law are as follows:
1. If the testator transforms the thing bequeathed in such a manner that it does not retain either the form or the denomination it had;
2. If the 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 efect only with respect to the part thus alienated. If after the alienation the thing should again belong to the
testator, even if it be by reason of nullity of the contract, the legacy or devise shall not thereafter be valid, unless the reacquisition shall have been
effected by virtue of the exercise of the right of repurchase;
3. If the thing bequeathed is totally lost during the lifetime of the testator, or after his death without the heir’s fault. Nevertheless, the person obliged
to pay the legacy or devise shall be liable for eviction if the thing bequeathed should not have been determinate as to its kind.
4. The legacy of a credit against a third person or the remission or release of a debt of the legatee shall lapse if the testator, after having made it,
should bring an action against the debtor for the payment of his debt, even if such payment should not have been effected at the time of his death

C. Legal and intestate succession

If there is no will of the testator, the designation in the partition inter vivos shall be in accordance with the laws of intestacy. Said partition shall be valid so long as it
does not impair the legitime of the co-heirs. Thus, should the testator institute a stranger as heir, he cannot make a partition inter vivos without making a designation
by a valid will because the stranger cannot inherit by the laws of intestacy

1. General provisions; relationship and right of representation

Yes, but only with respect to GT’s estate. Y would inherit from F pursuant to
Article 887(3) and part of his estate would be his share in the estate of her
mother, GT. On the other hand, Y could not inherit from the estate of RT Under Art. 982 of the Civil Code, the
because F, predeceased RT, his father, and the children of F would succeed grandchildren and other descendants shall
by right of representation from their grandfather pursuant to Article 972 of the inherit by right of representation, and if any
Civil Code. Moreover, Y is not related by blood, but only by affinity, to RT. one of them should have died, leaving
several heirs, the portion pertaining to him
The surviving spouse cannot inherit from the estate of her father-in-law because her husband predeceased the said
shall be divided among the latter in equal
father-in-law. The children of the deceased would succeed by right of representation from their grandfather (the
portions.
said father-in-law) pursuant to Article 972 of the Civil Code. Moreover, the surviving spouse is not related by
blood, but only by affnity, to the said father-in-law
2. Order of intestate succession
The order of intestate succession is as follows:
4. In the absence of legitimate descendants and ascendants, and illegitimate children and their
1. Succession pertains, in the first place, to the
descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate,
descending direct line
without prejudice to the rights of brothers and sisters, nephews and nieces,
2. In default of legitimate children and descendants of the
5. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral
deceased, his parents and ascendants shall inherit
relatives shall succeed to the entire estate of the deceased in accordance with the law
from him to the exclusion of collateral relatives
6. In default of persons entitled to succeed in accordance with the provisions of the preceding
3. In the absence of legitimate descendants or
Sections, the State shall inherit the whole estate
ascendants, the illegitimate children shall succeed to the
D. Provisions common to testate and intestate succession
entire estate of the deceased

Art. 43 of the Civil Code states that if there is a doubt, as between two or more persons
who are called to succeed each other, as to which of them died first, whoever alleges the
death of one prior to the other, shall prove the same; in the absence of proof, it is
presumed that they died at the same time and there shall be no transmission
of rights from one to the other. Here, F and A presumably died at the same time. Hence,
no transmission of rights can be made between them. Consequently, A will not qualify as
an heir. The children of the deceased shall always inherit from him in their own right,
dividing the inheritance in equal shares.
1. Right of accretion
 2. Capacity to succeed by will or by intestacy
On the right of the surviving spouse to inherit: (1) If the marriage is void, the surviving party is not entitled to successional right because the parties are not husband
and wife and the absolute nullity of the marriage can still be raised during the settlement of the estate of the deceased spouse. (2) If there is a decree of legal
separation, there is no need to disinherit the offending spouse because the latter is already disqualified to inherit by intestate and compulsory successions. As to
the testamentary disposition already made in favor of the offending spouse, the same is revoked by operation of law. (3) If after legal separation, the spouses
reconciled and obtained a decree of reconciliation: (i) the testamentary disposition previously revoked by operation of law is automatically revived; (ii) the right of the
offending spouse to legitime and to inherit as legal heir is also automatically restored; (iii) the disinheritance already made is rendered ineffective; and (iv) there is no
need for a pardon or condonation in writing. (3) As to whether a condition can be validly imposed upon the inheritance of the surviving spouse: (i) as to the legitime, no
condition can be validly imposed upon it except prohibition against partition for a period not exceeding 20 years; (2) as to the share of the spouse as voluntary heir,
devisee or legatee, it can be validly subjected to a condition, and/or prohibition against alienation for a period not exceeding 20 years. (3) as to the share of the spouse
as voluntary heir, devisee or legatee, he/she can be validly prohibited from contracting another marriage upon the death of the testator-spouse.
3. Acceptance and repudiation of inheritance

4. Partition and distribution of the estate

Art. 1082 of the Civil Code provides that every act which is intended to put an end to indivision among co-heirs and legatees or devisees is deemed to be a partition,
although it should purport to be a sale, an exchange, a compromise, or any other transaction. By this provision, it appears that when a co-owner sells his inchoate
right in the co-ownership, he expresses his intention to “put an end to indivision among his co-heirs.” Partition among co-owners may thus be evidenced by the overt
act of a co-owner of renouncing his right over the property regardless of the form it takes. In effect, A expressed her intention to terminate the co-owner by selling her
share to X. Moreover, the execution of the deed of extrajudicial settlement of the estate reflected the intention to physically divide the property

IV. OBLIGATIONS AND CONTRACTS

To constitute a fortuitous event, the following elements must concur:
A. Obligations 1. The cause of the unforeseen and unexpected occurrence or of the failure of the debtor to comply with
obligations must be independent of human will;
An obligation imposed on a person, 2. It must be impossible to foresee the event that constitutes the caso fortuito or, if it can be foreseen, it
and the corresponding right granted must be impossible to avoid;
to another, must be rooted in at 3. The occurrence must be such as to render it impossible for the debtor to fulfll obligations in a normal
least one of the five sources in Art. manner; and
1157 (i.e., law, contracts, 4. The obligor must be free from any participation in the aggravation of the injury or loss
quasi-contracts, delicts, and
quasi-delicts)

1. General provisions There are four instances when demand is not necessary to constitute the debtor in
Default or mora, which is a kind of voluntary breach of an default, namely:
obligation, signifies the idea of delay in the fulfillment of an 1. When there is an express Stipulation to that effect;
obligation with respect to time. In positive obligations, like an 2. Where the Law so provides;
obligation to give, the obligor or debtor incurs in delay from 3. Where demand would be Useless; and
the time the obligee or creditor demands from him the 4. When the Period is the controlling motive or the principal inducement for the
fulfillment of the obligation. Demand may be judicial — if the creation of the obligation
creditor files a complaint against the debtor for the fulfillment
of the obligation — or extrajudicial — if the creditor demands
from the debtor the fulfllment of the obligation either orally or
in writing. Whether the demand is judicial or extrajudicial, if
the obligor or debtor fails to fulfill or perform his obligations, he
is inmora solvendi, and, thus, liable for damages
2. Nature and effect

The requisites for the demandability of

the penal clause are:
1. That the total non-fulfillment of the
obligation or the defective fulfillment is
chargeable to the fault of the
debtor; and
2. That the penalty may be enforced
in accordance with the provisions of
law
3. Kinds
In a reciprocal obligation, the
performance of one is conditioned on
the simultaneous fulfillment of the
other obligation. Here, C did not find
the delivery, installation, and operation
of the movie projector systems
satisfactory on account of M’s failure
to deliver the fifth Simplex XL movie
projector, the failure of M to ensure the
complete installation of the movie
projector systems, and M’s delivery of
defective components. However, legal
interest shall accrue from the finality of
the Decision until full payment
In an alternative obligation,
there is more than one object,
and the fulfillment of one is
sufficient, determined by the
choice of the debtor who
generally has the right of
election. The right of election is
extinguished when the party
who may exercise that option
categorically and
unequivocally makes his or
her choice known. The choice
of the debtor must also be
communicated to the creditor
who must receive notice of it
 4. Extinguishment
Article 1267 of the Civil Code applies only to obligations to do and not to
obligations to give. An obligation “to do” includes all kinds of work or service;
while an obligation “to give” is a prestation which consists in the delivery of a
movable or an immovable thing in order to create a real right, or for the use of
the recipient, or for its simple possession, or in order to return it to its owner. The
obligation to pay rentals or deliver the thing in a contract of lease falls within the
prestation “to give”. Considering that C Corp.’s obligation of paying rent is not an
obligation to do, it could not rightfully invoke Article 1267. Even so, its position is
still without merit as financial struggles due to an economic crisis is not enough
reason for the courts to grant reprieve from contractual obligations
B. Contracts

1. General provisions

2. Essential requisites
The obligation is constituted upon the concurrence of the essential elements thereof, viz:
1. The vinculum juris or juridical tie which is the efcient cause established by the various sources of
obligations (law, contracts, quasi-contracts, delicts and quasi-delicts);
2. The object which is the prestation or conduct, required to be observed (to give, to do or not to do); and
3. The subject-persons who, viewed from the demandability of the obligation, are the active (obligee) and the
passive (obligor) subjects

3. Reformation of instruments

4. Interpretation of contracts

5. Rescissible contracts

6. Voidable contracts
7. Unenforceable contracts

8. Void or inexistent contracts

B. Natural obligations

C. Estoppel

D. Trusts

E. Quasi-Contracts

V. SALES

A. Nature and form

1. Essential requisites
 2. Perfection

: (1) In COS, title passes to the buyer upon delivery of the thing sold; in CTS (or of "exclusive right and privilege to purchase"), the ownership is reserved in the seller
and is not to pass until the full payment of the purchase price is made. (2) In COS, nonpayment of the price is a negative resolutory condition; in CTS, full payment is a
positive suspensive condition. (3) In COS, the vendor has lost and cannot recover the ownership of the land sold until and unless the contract of sale is itself resolved
and set aside (or rescinded). In CTS, however, the title remains in the vendor if the vendee does not comply with the condition precedent of making payment at the
time specified in the contract. Hence, when the seller, because of noncompliance with the suspensive condition stipulated, seeks to eject the buyer from the land
object of the agreement, said vendor is enforcing the contract and is not resolving the same. In CTS, upon default by the buyer, there is no need to rescind because
3. Contract of sale v. contract to sell
such failure to pay the price is simply an event that prevented the obligation of the vendor to convey title from acquiring binding force.

Contract of Sale and Contract to Sell - How to determine: According to Justice Caguioa in Agustin v. De Vera:
(1) Not controlling: While a stipulation or promise to the effect that a seller shall execute a deed of sale upon the completion of payment of the purchase price by the
buyer may be considered a factor or a sign that a contract might possibly be a contract to sell, such stipulation in itself, taken in isolation, is by no means determinative
and conclusive as to the contract being a contract to sell.
(2) Controlling test: Still controlling are (1) the lack of any stipulation in the sale contract reserving the title of the property on the vendors and (2) the lack of any
stipulation giving the sellers the right to unilaterally rescind the contract upon non-payment of the balance thereof within a fixed period. The absence of such
stipulations in a sale contract makes the said contract a contract of sale. If any of those stipulation is present, the contract is merely a contract to sell.

B. Capacity to buy or sell

C. Effects of the contract when the thing sold has been lost

D. Obligations of vendor

E. Obligations of vendee

F. Breach of contract
1. Remedies

2. Recto Law and Maceda Law

G. Extinguishment

1. In general

2. Pacto de retro sale

3. Equitable mortgage

H. Assignment of credits

VI. LEASE

A. General provisions
B. Rights and obligations of the lessor

C. Rights and obligations of the lessee

VII. PARTNERSHIP

A. General provisions

B. Obligations of the partners

C. Dissolution and winding up

D. Limited partnership

VIII. AGENCY

A. Nature, form and kinds

B. Obligations of the agent

C. Obligations of the principal

D. Modes of extinguishment

IX. CREDIT TRANSACTIONS

A. Loan

B. Deposit

C. Guaranty and Suretyship

D. Quasi-Contracts
 X. TORTS AND DAMAGES

A. Torts

1. Elements

2. Culpa aquiliana v. culpa contractual v. culpa criminal

3. Vicarious liability

4. Res ipsa loquitur

5. Last clear chance

6. Damnum absque injuria

B. Proximate cause
C. Negligence

1. Standard of care

2. Presumptions

D. Damages

1. General provisions

2. Kinds of damages

3. In case of death