i THE FRATERNAL ORDER OF UTOPIA ATENEO DE MANILA UNIVERSITY SCHOOL OF LAW SINCE 1964 “For tomorrow shall c sast a myriad of mighty storms that only those with firm determination and Utopian vision do survive.” What are the elements of abuse of right? 1. There Is a legal right or duty; 2. Its exercised in bad faith; and 3, Tks exercised for the sole intent of prejudicing or injuring another. (Van De Brug v. Philippine National Bank, G.R. No. 207004) When is a conceived child considered born? ‘The conceived child shall be considered born forall purposes favorable to it, or with provisional personality, provided it be born later under the: following conditions: 1. If ithad-an intra-uterine life of seven-(7) months or more, and itis alive at the time It |s completely delivered from the mother’s. womb; and, 2. If ithad an intra-uterine life of less than seven (7).months, only if it lives for at least ‘twenty-four (24) hours after its.complete delivery from the maternal womb. (NCC, Art. 41) =F as ‘of presumptive death? What is a well-founded belief in the cont {It means that there was a showing of prdper and honest-to-goodness inquiries and efforts to ‘ascertain not only the absent spouse's whereabouts but, more importantly, that the absent ‘Spouse [s stl alive or Is already dead. Mere absence of the spouse and fallure to communicate ‘would not suffice. (Republic y: Quifonez, GIR? No. 237412) ! What are the essential and formal requisites of marriage? Essential Requisites Formal Requisites 1. Legal capacity of contracting parties; | 1. Authority of the solemnizing officers a. Must be between a male and| 2. Valid marriage license, except in cases female; and Where a martiage license Is not required; b. Must be at least eighteen (18)| and years old. 3, Marriage ceremony where the 2, Consent freely given, In the presence | contracting parties appear before the of the solemnizing officer; and solemnizing officer, with their personal 3, Absence of any ‘legal impediment. | declaration that they take each other as (Family Code, Art: 2) \husband and wife in the presence of not less-than two (2) witnesses of legal age, (Family Code, Art. 3) 9¢ license? z AAO YT 0 hich martages at eerpt pom ineequrement a 1. Those among muslims or members of ethnic cultural communities, solemnlzed according to their customs or rites (Family Code, Art. 33); 2. Those solemnized outside the Philippines where there is no requirement for a license (cc, are. 17); 3. Those between a men and a woman who continuously lived together as hus wife for at least five (5) years, and without legal Impediment to marry (Family Code, Art. 34); band and Page 1 of 1 Tn rai SSE ANNE :‘THE FRATERNAL ORDER OF UTOPIA Civil Law I Tips. Bar Operations 2022 4, Those married In articulo mortis (Family Code, Art. 31); oF ‘5, Those married In remote places where there are no means for transportation to enable personal appearance before the local civil registrar. (Family Code, Art, 28) ‘what are the grounds for the declaration of nullity of marriage? 1. Elther of the contracting parties Is below eighteen (18) years old; 2, Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with elther or both parties belleving In good faith that the solemnizing officer had the legal authority to do so; ‘Those solemnized without marriage license; Bigamous or polygamous marriage; Mistake of identity; } Void subsequent marriages (Family Code, Art: 35); Psychological incapacity (Family Code, Art. 36); Incestuous mertlage (Family Code, Art. 37); and Marriages against public policy. (Family, Code, Art, 38) May a divorce decree, obtained abroad by a Fillpino married to a foreigner, be recognized as valid in the Philippines? Yes, itis valid in the Philippines. The letter of the law does not demand that the allen 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. (Republic v, Manalo, G.R. No. 221029) Is an expert opinion required for a declaration of nullity of marriage due to psychological incapacity? \No. Psychological incapacity ls nelther 2 mental Incapacity nor @ personality disorder that must be proven through expert opinion. There must be proof of the durable or enduring aspects of @ person's personality, called personality structure, which manifests Itself through clear acts of dysfunctionality that undermines the family. (Tan-Andal v. Andal, G.R. No. 196359) ‘What are the modifications introduced by Tan-Andal to the guldelines of Art. 367 Paramet Tan-Andal Burden of Proof Clear and convincing evidence Root Cause Psychological Incapacity Is 2 legal concept ince, vost bl arabe only sense Juridical Antecedence Existing at the tlme of celebration Gravity ‘Caused by a genuinely serious psychic cause Need for Expert Opinion Not required; Ordinary witnesses may testy (an-Andal v, Andal, GR, No. 196359) Page 2 of 151. Repeated physical 2 common child, 2. Physical violence o Political affiliation; 3. Attempt of respon of the petitioner, inducement; violence or grossi ‘THE FRATERNAL ORDER OF UTOPIA Civil Law I Tips Bar Operations 2022 abusive conduc erected against the petine, ‘OF & child of the. petitioner; ames moral pressure to compel the petitioner to change religious oF ident to corrupt or induce the petitioner, a common child, or a child 0 engage in prostitution, or connivance in such corruption or 4. Final judgment sentenc Final judament sentencing the respandent to imprisonment 6 more than sx () years, even if pardoned; Drug addiction or habitual alcoholism of the respondent; &: Lesbianism or homosexuality of the respondent; 7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; 8. Sexual infidelity or perversion; 8. (2) year. (Family Code, Art. 55) * Attempt by the respondent against the life of the petitioner; or 10. Abandonment of petitioner by respondent without justifiable cause for more than one What are exclusive properties under Absolute Community Property and Conjugal Partnership of Gains? ‘Absolute Community of Property J Conjugal Partnership of Gains by gratuitous title by either spouse, and the fruits as well as the income thereof, jf any, unless it is expressly provided by the donor, testator or grantor that they shall form part ofthe ‘community property; 2. Property’ for personal and exclusive Use of either spouse. However, jewelry shall form part of the community property; and 3. Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. (Family Cade, T. Property acquired during the marriage] = his or her own; |. That which is acquired by right of That which is purchased with exclusive Art. 92) That which is brought to the marriage as ‘That-which each acquires~ during the ‘marriage by gratuitous title; redemption, by barter of by exchange with property belonging to only one of the spouses; and eh money. of the wife“or,the husband. (Family Code, Art. 109) wen i 2 property prequed Yo belon athe conta Frtiprahin? ‘A rebuttable presumption is established when the property was acquired during the marriage. ‘This presumption Is created even ifthe acquisition appears to have been made, contracted oF registered In the name of one spouse. (Sps. Anastacio v. Heirs of the Sps. Coloma, G.R. No. 224572) What are the grounds for a judicial separation of property? 41, That the spouse of the petitioner has been sentenced to a penalty which carries with It civil interdiction; 2, That the spouse of the petitioner has been judicially declared an absentee; Page 3 of 15‘THE FRATERNAL ORDER OF UTOPIA Civil Law I Tips Bar Operations 2022 3. That loss of parental aut ee ‘tal authority of the spouse of petitioner has been decreed by the 4, That the spouse mhat the spouse of the petitioner has abandoned the fatter or failed to comply with his or her obligations to the family; 5. That the spouse granted the power of admin! abused that power; and 6. that at the time of tne petition, the spouses have been separated in fact for atleast done (1) year and reconciliation is highly improbable. (Family Codey Art 135) Istration in the marriage settlements has stinguish the two kinds of property regimes without the Benefit of marriage. ‘Art. 147 Art, 148, Trust be capactated to marry each] There ests a (692! impediment to marry. other; 2, must live exclusively with each other 28]. , hhusbanid end wife; afd CZ 53, must be without the benefit of riardag@ Or under 9 void marriage, == GEA equal | Salaries are separately own 1ed by the parties. Salaries and wages’ are~ovine shares. Without proof of actual contribution Py the ers Unere can be nojpresumption of CO Panership and equal sharing. If there is joint hares are presumed acquisition, respective st Wilanueva v. CA, GR. NO. Property achuirea we via together sha reer med to be obtained by thei Jl} Phas and is owned. by yequal shares. seer that did pot participate the party ness ne proper shal be deemed |r Be, eau aes routed i te party's efforts | 143286) we reted in the care abdimaintenanice of sre tamiy and the househole te the disposition of @ commonly-owned property valld without the consent of the ‘co-owner? tion inter vivos ofan undivided share cannot be validly made BY On party without vron‘of a party's share in the property under specie) ro- the con erented by virtue of Article 147 ofthe Family Code wine the consent of the other any, Is proscribed by lav, then, and with more\Feason/ ‘should the disposition of the entire perperty under such special co-ownership:by @ ary WhO the other party's consent be eroeidered vod as wel. (Perez v. Perez-Senerpide, G.R. No 233365) No, Dispost the consent of the other. If 2 disposi What are the groiinds for impugning the legitimacy Gia cnid? MSA Wh UY wiv 1. Physical impossibility of the husband to have sexual the first one hundred twenty (120) days of the three preceding the child's birth due to: 'a. Physical Incapacity of the husband to b. Husband and wife were living separately was nat possible; oF . Serious lines of the husband, 2. When itis proven that for biological or other scientific reasons: been that of the husband; or 3. Vitiated consent In an artificial Insem! intercourse with is wife within hundred (300) days Immediately wurse with his wife: have sexual Intercot al Intercourse in such @ way that Sex ted sexual Intercourse. which absolutely prevert id could not have the chil ination. (Family Code, Art. 166) page 4 of 15‘THE FRATERNAL ORDER OF UTOPIA i Law I Tips Bar Operations 2022 Distinguish Suish between the exercise of substitute and special parental authority. ‘Substitute parental authority i Grandparents; ‘Special parental authority 7. Schools; oF 2 Oldest sibling; or 2. Individuals, or entities engaged nen hare sons guaran, in child care, ily in case of death, absence, or | Concurrent with parental aut ee fe of death, absence, or | C it with parental authority oF substitute parental authority. Subsidiarily liable for” damages | Principally and soldarily liable Tor Liabitity | | C2USe¢ By the minor. ‘damages caused by the minor's acts or loniissions while under their custody, L supervision, or-instruction. (Family Code, Arts. 216-219) What are the rules in proving filiation-of legitimate-and illegitimate children? Proof tobeused <0 1. The record of birth appearing in the” |The action may be brought by the child civil register of a final judgment; or >| during his lifetime and shall be transmitted 2. An admission of legitimate fiiation-’ | to the~heirs. should-the’ child die during ‘a. Ina public document; or _| minority’or in a state of insanity. b. In a. private handwritten: instrument and signed by-the | The heirs shall have five (5) years within parent concerned. » (Family |which-to- institute the action. The action Code, Art. 172) already commenced~by the child shall survive notwithstanding the death of either ‘or both of the parties. (Family Code, Art. 173) 1. The open and continuous'possession | For legitimate children, the action may be of the status of @ legitimate child; or | brought by the child during his lifetime and : 2. Any other means allowed by the Rules | shall be transmitted to the heirs should the 4 of Court and special laws. (Fomily | child die during minority or in a state of 4 Code, Art. 172). ”___|insanty-The heirs shall have five (S) years 4 , within which to institute the action. Action already (commenced by the child shall ‘suivive notwithstanding the death of either ‘of both-of the parties. (Family Code, Art. 3 173) For testi Pdfenf he action must be brought witbin five (5) years, but during the itetime ofthe aleged parent. (Family Code, a 175) May a biological sex change be a basis to change one’s name or sex in a birth certificate? No, There is no law that recognizes gender sex-reassignment as a basis to change one's name or sex in a birth certificate, Moreover, the determination of a person’s sex through visually looking at the genitals of the baby is immutable. Considering that gender sex-reassignment Page 5 of 15 BY‘THE FRATERNAL ORDER OF UTOPIA il Law I Tips Bar Operations 2022 's not legally recognized, cannot be conferred. (Sil judicial authority to change one’s name or sex in the birth certificate iverio v. Republic, G.R. No. 174689) What tay law governs the intrinsic validity of testamentary provisions? respationsl law ofthe person whose succession s under consideration, whatever may be the re of the property and regardless of the country wherein said property may be found. (Heirs of Satramdas v. Sadhwani, G.R. No, 217365) May a legatee or di evi dispose of the Jevisee of the property acquired during the pendency of the settlement of the estate? a) ° s < "” Yes. The transmission by succession occurs at the precise moment of death in, which the helr Is already legally deemed to have acquired ovnership of his share In the Inheritance, and as such he may dispose of the same. (Sps. Salitico v. Heirs of Resurreccion, G.R. No. 240199) What are the elements of preterition? 1. Omission of one, some, or all of the heirs'in the wl, without the heir being expressly aisinnerited; 2. The person omitted must be a éompulsory heir inthe direct tne; 53. The omitted compulsory heir must be living ox-at least concelved. at the ime of the testator's death; and ne 4, The omission must be complete and-total (p eharadter; thus, the heir must have received nothing from the testator Bf Way off '2., Testamentary succession, legacy or devise! b. Donation iter vives; and ©. Intestacy. (NCC, Art 854) I a prior determination of the status as a legal or compulsory heir in a separate ‘special proceeding. prerequisite to an ordinary civil action for recovery of ‘ownership and possession of property? No. Unless there Is a pending special proceeding for the settlement of the decedent's estate of for the determination of helrship, the compulsory or Intestate heirs may commence an brdinary civil action to declare the nullity ofa deed or instrument, and for recovery of property, for any other action in fhe enforcement of thelr ownership right3\acquired by virtue of Succession, without the necessity of a prior and.separate, judicial declaration of their status as such. (Treyes v. Larlar, G.R.\No. 232879) | \\| | © What are the requisites of reserva troncal? 1. That the propertf Wa pcdired By ¥ GesGendant tsi ar] ascGndsiit or from a brother nero ee Once Use hu. 2 TURES ERE tiene te mite degre belonging othe ne rom whic 3 rope come. (HEE are 91) Page 6 of 15‘THE FRATERNAL ORDER OF UTOPIA Civil Law I Tips Bar Operations 2022 What are the re: the requisites for the right of accretion to take place? 1. Two (2) oF more mes are esens are called to the some ihertance, or he same portion One of the persons called: 2. Predecease the testator; b. Renounce the inheritance; oF IS incapacitated to receive it. (NCC, Art. 1016) ‘What are the requisites for a valid disinheritance? 1. Ris effected through a valid wil (NCC, Art. 916); 2. For a cause expressly stated in the will (NCC, Arts, 916 & 918); 3. The cause must be certain and true (NCC, Art. 918); 4, Te must be for a cause expressly stated by law (NCC, Art. 916); and S. If the truth of the cause is denied, it must be proven by the proponent. (NCC, Art 947) zg Can a testator institute a stranger as-an heir through a partition inter vivos without a will? Ga No. If there is no wil the ignation i he patton inter vives shal bein accordance wih the laws of intestacy. Sai pation shal be valid 39 Jonga5 8 oes not impair the legitime of the covheirs, Thus, should the testator institute a stranger as her, he carinot make a partition Inter vives withost making 8 designation bj, ald|wil because the stranger cannot inher by the laws of intestacy. (Mayuga v. Atleriza,,G,RcND..208197)) {a . What are the requiremeits for a valid partition by the heirs? 1. The decedent it nil 2 The decedentett ng debts, crf there were debs etal had been paid, 3 Tnses and lguaatrs ae lef age, or they are minors, they are represented by thet Juice guardian of egal representatives; and 4, The portion was made by means ofa public Instrument radi ly Hed withthe Register of Deeds. (Sanches v. Court of Appeals, GR. No, 108947) Distinguish between rescission under Art. 1191 from rescission under Art. 1381. mee oat Fon a al ey SaaS To TERT SES ar neater ——[ The gauss or econo pri Then HOT pT ener acon TT PE oon Ct AY Rescission applies: éxcushely fol aaa [Rescission'apples to'al kinds of obligations. obligations. Either ten (10) years for written contracts, | Four (4) years from accrual of right of action. or six (6) years for oral contracts “The court has discretionary power not to[ Ifthe ground is proved, then the court has ‘grant rescission if there is just cause for the | no discretion but to order rescission. fixing of the period. Page 7 of 15‘THE FRATERNAL ORDER OF UTOPIA Civil Law I Tips Bar Operations 2022 ‘What are the requisites of dacion en pago? it 9 A. There must be eae breformane ofthe presation i eu of payment wih ry consist in a ;poreal thing or a real right or a credit against a third person ‘There must be som uae at Bes urea besos prestation due and that which is given in 3. There must Tie nt Bs an aprenmert bebe toe creditor and debtor that the obligation is Imma extiogused by reason of the performance of a prestation different from at due. (Aquintey v. Tibong, G.R. No. 166704) What are the requisites of a vs ‘consignation of payment? , 1. Adebtis due: L JL ‘The creditor to whom tender of payment made was refused without just cause to Teeest the payment, othe creditor was absent, unknown, or incapaciate, oF several ersons claimed the right to collect, or the title ofthe obligation was fost | 3, tne person Inteested In the performance of he"obligaion. wag gen notice before conegnation was ade; yeaa 7 4, The amount was placed at the disposal of the ‘court; and 4: The amour created in te performance ofthe obligation was gen notice eter the roe eds made, (Datan vc FR Realy, GR. No|172577) | What are the contracts covered by the Statute of Frauds orerent rot tobe prone wana (1) ear Aareament rt Ber forth dea, saute rsaiage of another Ses fare cnenan a mua Om 9 MA: A recy woth rare than Pe Hed Pesos 500.00) parent fortes oss a tne tne prtng whe PCa MME «uM te be et Seam one) ero sl are oo ‘oretarest heen 3 Crees rene red of tht person. (NCE, Art 1403(2) What is absolute simulation of contracts? thie a stuation wherein there colorable contract but has ne Sane the parties tes 2 station to be Bound byt. The main characteristic of ar #osoe simulation is that rays roarant contract i not really desired oF Intended to Prose Tegel effector in any way erate! situation of the parties AS @ (est, an absoIMelY simulated or fictitious ae tet ie void, (G. Holdings V. CEPALCO, G-R- No. 226213) What are natural obligations? Pe Popes venrlebatans/pc fy woe Spee wine Oh br! a votre otaners/ee rt Fe actan to enor et eA ge sbgntonstha kan a ep eenonl wn as ben ire oe by reason thereof. (NCC, Art. 1423) page 8 of 15‘THE FRATERNAL ORDER OF UTOPIA i Law I Tips Bar Operations 2022 Express Trust Implied Trust Wis created by te the arect and postive oa ofthe partes, by some wing or docd will, oF by words evidenci ere 19 an intention to Te refers to those which, without being expressed, are deducible from the nature of the transaction by operation of law as matters of equity, Independently of the particular intention of the parties, Intention to establish a trust is clear. Intention to establish @ trust is to be taken from circumstances or -other matters Indicative of such intent. Express trusts concerning an immovable property may not be proved by parole ‘An implied trust may be proved by oral evidence.— evidence, Distinguish between Negotiorum Gestio and Solutio Indebiti, ~(Caaycong v. Guaycong, GR. Wo. U-21616) Negotiorum Gestio Solutio Indebiti 2144) 1. A person voluntary takes charge of the ‘agency or management of @ business or property belonging to another; 2. The property or business is neglected or abandoned; and» ¥. Absolute Management, G.R. No. 3. The manager authorized by the owner. (NCC, Art 1. Something has been unduly delivered through mistake; and “2=semething was"received when there “was no right to demand it. (Metrobank has not been. tacitly] 170498) What are the types of constru /e delivery? Execution of a public Instrument ‘When the sale Is made through @ public instrument, the execution thereof shall be equivalent to the-delivery of the thing which is the bject of the contract, i from the deed the contrary does nat appear or eannot clearly be Inferred. (CC, Art. 1498) Traditio symbolica Lae pepo ree , Constitutum Possessorium Where-the-vendor-a/reto continues\te octupy:the land as lessee, the possession is deemed to be constituted In the vende by virtue of this mode of tradition. (Amigo v. Teves, G.R. No. L-6389) Traditio Brev! Manu Lessees who bought the property remained in possession, not as lessees anymore but as owners now through symbolic delivery (Heirs of Pedro Escanlar v. CA, G.R. No. 119777) Page 9 of 15‘THE FRATERNAL ORDER OF UTOPIA Civil Law I Tips Bar Operations 2022 Trait ere con adito nga | mere const or apreent ithe movable sald anne et be Manu | 2nseed othe possession ofthe buyer at the time of sl. (Hes of Caburnay v Hers of Sson, GR. No. 230934) What are ue tare the remedies afforded to a vendor in a contract of sale of personal perty, the price of which is payable in installments? 41. Exact fulfilment of the obligation, should the vendee fall to pay; 2. Cancel'the sale, should he vendee's flue t pay cover,two or mare installments; 3. Foreclose the chattel mortgage on the thing old, if one has been constituted, should the vendee's failure to pay cover two or more nstllments. (NCC, Art. 1484) What is the nature of the remedies provided under the Recto Law? They have been recognized as alternative, not cumulative, that the exercise of one would bar the exercise of the others, If a remedy is exercised; the seller shall have no further action to recover any unpaid balance, and any stipulation:toithe'contrary shall be void. (Sps. Nonato Vv. IAG, G.R. No, -67181) ° So : What are the rights of thé buyer ina ‘sale Of residential property in installments governed by the Maceda Law? Buyer whe paid les'than tivo\| Buyer who paid at least two Ws) Years atinstaiments,|\ (2) years of installments Tone to pay] wig te grace prod at as | Gaceperiod af ane (1) month fr aie tnan ghey (60), dys from dat of every) year of instalment pal instaiment [installment became due. trerclsable once every fve (5) without interest i years, Tot ented TF buyer has paid two (2) to five (5) years of installments - 50% of the total payments made; or Right to cash If buyer has paid more than five surrender value In case of (5). years. of Installments cancellation by ‘Additional 5% every year aside seller \\|ifrom the initial 50% but not to exceed 90% of the total payments made including down payment and options. ZA; vi U 1 as U 1 Pere When does the right of pacto de retro sale exist? ttexists when the seller reserved for himself the right to repurchase the thing sold, with the obligation to return the price of the sale, the expenses of the contract, any other legitimate payments made by reason of the sale, and the necessary and useful expenses made on the thing sold. (NCC, Arts. 1601 & 1616) Page 10 of 15‘THE FRATERNAL ORDER OF UTOPIA Civil Law I Tips Bar Operations 2022 What is an equitable mortgage? A mortgage wt Amertaage whch although tacking In some formality, form or wads, or eter reques ceranded bya saute, neve eel the tnton of he pref cage (Mat security for a debt, and contains nothing impossible or contrary to law. fatanguihan v. CA, G.R. No. 115033) Is a partnership dissolved when the original partners sell their equity interests? Yes. The original partnership Is extinguished and the new set of partners shall constitute > rnew partnership arrangement with 2 new juridical personality. However) the underlying business enterprise remains the same between the two sets of investors and the succession of liablity rule pertaining to the underlying business enterprise must be’ respected. (Yu ¥- NLRC, G.R. No, 97212) oes failure to reister the partnership with the SEE invalidate the partnership a+ to tira person? pit ne : No, as ong as has al the essential gaunt {= parpershi. Te purpose of registration ofthe contract of partnership itt give roti t6 third partes. Failure to register the contract Of partnership does not affect the labilty‘of-the partnership and of the partners to third persone. (Angeles v. Secretary of Justice, G.R. Now.142632) What are the requisites f an implied lease?/ | \\, " fen ime ay) | 1. Term ofthe orginal contract of lease’ has expired 2. Lessor has not given the lessee,a notice to,vacate; and F eeete continued enjoying the thing leased for ten (25) days withthe acqulescence Grathe lessor, (Semele V. Manotok Services, nc. G.R. No, 170509) what acts by @ general partner require the consent or ratification of all the limited partners? 1. Doing any actin contravention of the certificate; Foote ny act which would make It Impossible to carry on the ordinary business of the partnership; iat 3. Confessing 2 Judgment against the partnership; F eaereesng ‘partnership. property, or assigning their rights In-specic partnership property, for other than a partnership purpose; 5, Admitting a person as @ general partner. & admitting 2 person as 2 limited partner, unless the right so to do Is given in the certificate; and 27. Contnuing te BCRip pn pang pronerty eng deth etirement, nsaity, Chl interdictlon'oglinsblvescy of a benéral partner, ynlets the right to do so Is ven in the certificate. (NCC, Art. 1850) what are the elements of an agency by estoppel? 4. Principal manifested a representation of the agent's authority or knowingly allowed the ‘agent to assume such authority; 2. Third person, in good faith, relied upon such representation; and 3. Relying upon such representation, such third person has changed his position to his detriment. (Litonjua, Jr. v. Eternit Corp., G.R. No. 144805) Page 11 of 15Sauenitnniamatscicoeieneenn ‘THE FRATERNAL ORDER OF UTOPIA Civil Law I Tips Bar Operations 2022 Distinguish between commodatum and mut ; ‘Commodatum Matuum Su Subject | Onary ives someting at [Rover a er osu consumable. (NCC, Art. 1933) __| thing. (NCC, Art: 1933) Ownership | Retained by the ballor. (NCC, Ar Transferred tothe Borrower (NCC, 1933) Art, 1933) Consideration | Senay aratutous, (CG, Are | May be gratuitous or onerous 1933) -| wee, art-1933)— Property [May involve real _or , personal [Personal property only, (NCC Arts involved _| property, (NCC, Art. 1937) |_| _| 418 & 1933) h Use or) temporary, possession. | Consumption. (NCE (WCC, Art. 1933) When is the bailee liable for the loss of the thing even though a fortuitous evs happens? oe ~ a, 1933) Purpose 1. Ifhe devotes the thing to any surposé diferent from that for which It has been loaned; + Tene keeps Itlonger than the pri stipulated, o after the accomplishment ofthe use i for which the commodatum has been constitited 3, tre thing loaned has beén delivered with appraisal of Its value, uness there is 2 ‘Tieton exempting the baile from responsiblity in ase ofa fortuitous events ‘4, Fhe lendy or leases the thing toa third person, who is nota member of his household; and Fi: 5. If, being able to save either the thing Borrowed ons own thing, latter. (NCC, Art. 1942) he chose to save the What is a precarium? pallor may demand the thing at will It arises if tis a kind of comimodatu ere the rich te tng loaned shoul be ‘LNetther the duration of the contract nor the use to wh devoted, has been stipulated; or 12, Theuse ofthe thing Is merely tolerated by the owner. (NCC, Art, 1947) When is a hotel-keeper not liable or the loss of, or injury to the’ personal property of its quests? = S 1. Loss of injury-Is due to force majeure; + Theft or robbery was committed by a stranber and there is use of arms or Iresistible a te to nea oft gutsy, nan of ters ni Asin he 2 of era re (As 200- Se rery ye OL LO 2022 Ul - 0110 lable? When is the benefit of excussion not a\ 1. Ifthe guarantor has expressly renounced it 2, ithe has bound himself solidarity with the debtor; 3. Incase of insolvency of the debtor: J. When he has absconded, or cannot be sued within the Philippines unless he has left 2 rmanaget or representatives or 5, Iritimay be presumed that an execution on the property of the principal debtor would rot result in the satisfaction of the obligation. (WCC, Art; 2059) Page 12 of 15‘THE FRATERNAL ORDER OF UTOPIA Civil Law I Tips Bar Operations 2022 What are the essential requi What are the essential requirements for the guarantor to Invoke the benefit of 1H et it it He must ett up against te creditor upon he ters demand for payment from him; 2. He must point out to the creditors available property territory, that is sufficient to cover the amount of the No, L-26449) ‘of the debtor within Philippine debt. (Luzon Steel v. Sia, G.R- What are the elements of a quasi-delict? 1. Damages suffered by the plaintiff; and 2. Fault or negligence of the defendant, respond; and a eens ayn of couse and eect between the fault. or negligence ofthe defendant Wee eee ueroges incurred bythe plant (Or. Huang v. Phifppine Hoteliers, G-R- No I 180440) re cigs Gntractua: and Coos ‘or some other person for whose acts he must Distinguish among Culpa Aquiliana, criminal. Culpa Aquiliana Gulpa Contr Culpa Criminal Far onission [Fre meter rool «al—the| Existence of @ Taw clearly Fone ey to another |exstence ofthe canact and punishing the act dees rina | fault, or] the foure ofits compliance | | // 1 i retesence, i btiged 0 | sth pay for the damage done! ‘Such fault or negligence, if v = p= | there is no pre-existing s | contractual relation|} i | between the partiés. © \* | GR No. 141950) ‘Fa Tnsiance Corp. v. GP. Sarmiento Trucking Corp.» Who may be held vicariously lable for tortious acts? For Damages Caused By inor children who live in their company. ‘Minors or incapacitated children who authority and lve in their company. ‘Employees in the service of the branches in which the joyed or on the accasion oftheir functions. ers acting within the former Persons Viearlously Hable ‘under their ‘Owners and Managers of an Establishment or Enterprise | latter ore empl ‘Employers: Employees and household hele scope of fel esigned tasks: even though the lare notlehgaged in any business or industry. Beate 7] SpeciaVagents. ve Teachers or heads of | Pupils and students or apprentices, so Tong as they establishments of arts and_| remain In their custody. trade (CE, Are 2180) Page 13 of 15‘THE FRATERNAL ORDER OF UTOPIA Civil Law I Tips Bar Operations 2022 What are the elements of res Isa Loquitur? 1. The accident is of aki rele ‘nd which ordinary does not ocur inthe absence of someone's Itis caused by an inst ” instrumentality within the exclusive control of the defendant or defendants; avd ity within the exclusive control of the defendant THE BOSsiblity oF contributing conduct, which would make the Plaintif responsible, Is, climinated. (Ramos v. CA, G.R. No. 124354) ‘What is the doctrine of last clear chance? enzerson who has the ast clear chance of opportunity of Svelding an acident, notwithstanding IRE nesligent acts of his opponent or the negigencelafa third person whichis mmputed to ne cBbonent, is considered in law’ solely responsible for-the consequences of the accident, (Bustamante v. CA.,.G.. No, 89880)- What is damnum absque injuria? (“= {n those instances in which the loss or harm ‘yas’qot the results of a violation ofa legal duty. 1m such cases, the consaquences, must) Borne By the injured person alone the low affords no remedy for demages resulting fom gn'act-inhich does Rok emount to a legal injury oF wrong (BPtExeress Card Coorationv|CarG.R. Nors20609) | ln fof NN What is proximate cause?” y BAN 1k is that cause, which’in natural"and=cantiuaus.seaenes, Jinbroken-by, any efficient intervening couse, produces the injury, and witnout which the rele would ot have occurred. (Abrogar v. Cosmos Botting; G.R. No, 164749) When isan act considered 2am eifiient intervening cause? When iis not @ consequence ofthe fst wrongful cause nor unde the contol a he feet. wrongdoer and could not be foreseen, that eventually leads to’an injury. (Abrogar v. Cosmos Botng, GR No. 166799) What is contributory negligence? Its conduct on the part ofthe injured paity, contfibuting as a legal éalse to the harm he has suffered, which fas below the standard to unenihe creed t costars ern eas protection. (Yn Mtr Intemational industries Union Sant GR, No, aassse) What is the doctrine of attractive nulsance? 2 Jat J one wn manana kad clad nana hie {es ore caer hereby, even i the child's technically a trespasser In the premises. (Hidalgo Enterprises v. Balandan, G.R. No. L-3422) ‘when may an employer be held liable for the negligence of its employees? ‘when It fas to rebut the presumption that It did not exerci of a family in the selection 155121) ise the dilgence of a good father and supervision of its employees. (Lampesa v. De Vera, G.R. No. Page 14 of 15 TR in Iie baltae eC atEES REM EAS Les ‘THE FRATERNAL ORDER OF UTOPIA Civil Law I Tips Bar Operations 2022 May 'y temperate damages be adjudicated alongside actual damages? Genera na, However, temperate damages can and should be awarded on top of actual or 'pensatory damages in instances where the injury is chronic and continuing as the reason 's that these damages cover two distinct phases of injury. (Ramas v. CA, G.R. No. 124354) Can a corporation be entitled to moral lamages? Generally, no. Since a corporation Is not a natural person, it cannot experience physical suffering or such sentiments as wounded feelings, serious anxiety, mental anguish and moral shock. However, when the corporation that has @ good reputation is debased, resulting in its social humiliation, then it may claim moral damages. (Chevron Philippines Inc: v. Mendoza, G.R. No. 211533). ‘What is the formula for the net earning capacity? 1 Life expectancy = 2/3 x (80 ~ age of vietim at time of death) 3) Net Earning Capacity = Ue Expectanéy x (Gross Annual Income ~ Reasonable Living Expenses) (People v. Aringve, G.R. No, 146487) ay damages be awardeil based on the deceased's loss of earning capacity, despite the lack of documentary evidence? Yes. However, there must be oral testimony that the victim was: . eer r played earning less than the minimim wage under curent labor avs 6° Feiilar pote was taken ofthe oc that nthe vc’ ne of work, no decimentay evidence Is avaiable; or ii aoe ae a cally wage worker earning ies than the minimum wage under crrenk Tabor laws. (People v. Dizon, G.R. No, 329693) 110 Page 15 of 15