THE FRATERNAL ORDER OF UTOPIA

ATENEO DE MANILA UNIVERSITY

SCHOOL OF LAW
SINCE 1964

“For tomorrow shall cast 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. It is exercised in bad faith; and
3. It is 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 for all purposes favorable to it, or with provisional
personality, provided it be born later under the following conditions:
1. If it had an intra-uterine life of seven (7) months or more, and it is alive at the time it
is completely delivered from the mother’s womb; and
2. If it had 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)

What is a well-founded belief in the context of presumptive death?

It means that there was a showing of proper and honest-to-goodness inquiries and efforts to
ascertain not only the absent spouse's whereabouts but, more importantly, that the absent
spouse is still alive or is already dead. Mere absence of the spouse and failure to communicate
would not suffice. (Republic v. Quiñonez, G.R. 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 officer;

a. Must be between a male and
female; and
b. Must be at least eighteen (18)
years old.
2. Consent freely given, in the presence
of the solemnizing officer; and
3. Absence of any legal impediment.
(Family Code, Art. 2)
2. Valid marriage license, except in cases
where a marriage license is not required;
and
3. Marriage ceremony where the
contracting parties appear before the
solemnizing officer, with 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.
(Family Code, Art. 3)

Which marriages are exempt from the requirement of a marriage license?

1. Those among muslims or members of ethnic cultural communities, solemnized

according to their customs or rites (Family Code, Art. 33);
2. Those solemnized outside the Philippines where there is no requirement for a license
(NCC, Art. 17);
3. Those between a man and a woman who continuously lived together as husband and
wife for at least five (5) years, and without legal impediment to marry (Family Code,
Art. 34);

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4. Those married in articulo mortis (Family Code, Art. 31); or

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. Either 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 either or both parties believing in good faith
that the solemnizing officer had the legal authority to do so;
3. Those solemnized without marriage license;
4. Bigamous or polygamous marriage;
5. Mistake of identity;
6. Void subsequent marriages (Family Code, Art. 35);
7. Psychological incapacity (Family Code, Art. 36);
8. Incestuous marriage (Family Code, Art. 37); and
9. Marriages against public policy. (Family Code, Art. 38)

May a divorce decree, obtained abroad by a Filipino married to a foreigner, be

recognized as valid in the Philippines?

Yes, it is valid in the Philippines. 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. (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 is neither a mental incapacity nor a personality disorder that
must be proven through expert opinion. There must be proof of the durable or enduring
aspects of a person's personality, called personality structure, which manifests itself through
clear acts of dysfunctionality that undermines the family. (Tan-Andal v. Andal, G.R. No.
196359)

What are the modifications introduced by Tan-Andal to the guidelines of Art. 36?

Parameters Tan-Andal

Burden of Proof Clear and convincing evidence

Root Cause Psychological incapacity is a legal concept

Incurability Must be incurable only in a legal sense

Juridical Antecedence Existing at the time of celebration

Gravity Caused by a genuinely serious psychic

cause

Need for Expert Opinion Not required; Ordinary witnesses may

testify

(Tan-Andal v. Andal, G.R. No. 196359)

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What are the grounds for legal separation?

1. Repeated physical violence or grossly abusive conduct directed against the petitioner,
a common child, or a child of the petitioner;
2. Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation;
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child
of the petitioner, to engage in prostitution, or connivance in such corruption or
inducement;
4. Final judgment sentencing the respondent to imprisonment of more than six (6) years,
even if pardoned;
5. Drug addiction or habitual alcoholism of the respondent;
6. 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;
9. Attempt by the respondent against the life of the petitioner; or
10. Abandonment of petitioner by respondent without justifiable cause for more than one
(1) year. (Family Code, Art. 55)

What are exclusive properties under Absolute Community Property and Conjugal
Partnership of Gains?

Absolute Community of Property Conjugal Partnership of Gains

1. Property acquired during the marriage
by gratuitous title by either spouse,
and the fruits as well as the income
thereof, if any, unless it is expressly
provided by the donor, testator or
grantor that they shall form part of the
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 Code,
Art. 92)
1. That which is brought to the marriage as
his or her own;
2. That which each acquires during the
marriage by gratuitous title;
3. That which is acquired by right of
redemption, by barter or by exchange
with property belonging to only one of
the spouses; and
4. That which is purchased with exclusive
money of the wife or the husband.
(Family Code, Art. 109)

When is a property presumed to belong to the conjugal partnership?

A rebuttable presumption is established when the property was acquired during the marriage.
This presumption is created even if the acquisition appears to have been made, contracted or
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?

1. 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;

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3. That loss of parental authority of the spouse of petitioner has been decreed by the
court;
4. That the spouse of the petitioner has abandoned the latter or failed to comply with his
or her obligations to the family;
5. That the spouse granted the power of administration in the marriage settlements has
abused that power; and
6. That at the time of the petition, the spouses have been separated in fact for at least
one (1) year and reconciliation is highly improbable. (Family Code, Art. 135)

Distinguish the two kinds of property regimes without the benefit of marriage.

Art. 147 Art. 148

1. Must be capacitated to marry each There exists a legal impediment to marry.

other;
2. Must live exclusively with each other as
husband and wife; and
3. Must be without the benefit of marriage
or under a void marriage.

Salaries and wages are owned in equal Salaries are separately owned by the parties.
shares.

Property acquired while living together shall
be presumed to be obtained by their joint
efforts and is owned by equal shares. A
party that did not participate in the
acquisition of the property shall be deemed
to have contributed if the party’s efforts
consisted in the care and maintenance of
the family and the household.
Without proof of actual contribution by the
parties, there can be no presumption of co-
ownership and equal sharing. If there is joint
acquisition, respective shares are presumed
to be equal. (Villanueva v. CA, G.R. No.
143286)

Is the disposition of a commonly-owned property valid without the consent of the

co-owner?

No. Disposition inter vivos of an undivided share cannot be validly made by one party without
the consent of the other. If a disposition of a party’s share in the property under special co-
ownership created by virtue of Article 147 of the Family Code without the consent of the other
party, is proscribed by law, then, and with more reason, should the disposition of the entire
property under such special co-ownership by a party without the other party's consent be
considered void as well. (Perez v. Perez-Senerpida, G.R. No. 233365)

What are the grounds for impugning the legitimacy of a child?

1. Physical impossibility of the husband to have sexual intercourse with his wife within
the first one hundred twenty (120) days of the three hundred (300) days immediately
preceding the child’s birth due to:
a. Physical incapacity of the husband to have sexual intercourse with his wife;
b. Husband and wife were living separately in such a way that sexual intercourse
was not possible; or
c. Serious illness of the husband, which absolutely prevented sexual intercourse.
2. When it is proven that for biological or other scientific reasons, the child could not have
been that of the husband; or
3. Vitiated consent in an artificial insemination. (Family Code, Art. 166)

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Distinguish between the exercise of substitute and special parental authority.

Substitute parental authority Special parental authority

1. Grandparents; 1. Schools; or
By whom
2. Oldest sibling; or 2. Individuals, or entities engaged
exercised
3. Court-appointed guardian. in child care.
When Only in case of death, absence, or Concurrent with parental authority or
exercised unsuitability of parents. substitute parental authority.
Subsidiarily liable for damages Principally and solidarily liable for
caused by the minor. damages caused by the minor’s acts or
Liability
omissions while under their custody,
supervision, or instruction.
(Family Code, Arts. 216-219)

What are the rules in proving filiation of legitimate and illegitimate children?

Proof to be used Period to File

1. The record of birth appearing in the
civil register or a final judgment; or
2. An admission of legitimate filiation
a. In a public document; or
b. In a private handwritten
instrument and signed by the
parent concerned. (Family
Code, Art. 172)
The action may be brought by the child
during his lifetime and shall be transmitted
to the heirs should the child die during
minority or in a state of insanity.
The heirs shall have five (5) years within
which to institute the action. The action
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
of the status of a legitimate child; or
2. Any other means allowed by the Rules
of Court and special laws. (Family
Code, Art. 172)
For legitimate children, the action may be
brought by the child during his lifetime and
shall be transmitted to the heirs should the
child die during minority or in a state of
insanity. The heirs shall have five (5) years
within which to institute the action. Action
already commenced by the child shall
survive notwithstanding the death of either
or both of the parties. (Family Code, Art.
173)

For illegitimate children, the action must be

brought within five (5) years, but during the
lifetime of the alleged parent. (Family Code,
Art. 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

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is not legally recognized, judicial authority to change one’s name or sex in the birth certificate
cannot be conferred. (Silverio v. Republic, G.R. No. 174689)

What law governs the intrinsic validity of testamentary provisions?

The national law of the person whose succession is under consideration, whatever may be the
nature 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 devisee dispose of the property acquired during the pendency of
the settlement of the estate?

Yes. The transmission by succession occurs at the precise moment of death in which the heir
is already legally deemed to have acquired ownership 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 will, without the heir being expressly
disinherited;
2. The person omitted must be a compulsory heir in the direct line;
3. The omitted compulsory heir must be living or at least conceived at the time of the
testator’s death; and
4. The omission must be complete and total in character; thus, the heir must have
received nothing from the testator by way of:
a. Testamentary succession, legacy or devise;
b. Donation inter vivos; and
c. Intestacy. (NCC, Art. 854)

Is a prior determination of the status as a legal or compulsory heir in a separate

special proceeding a 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
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. (Treyes v. Larlar, G.R. No. 232579)

What are the requisites of reserva troncal?

1. That the property was acquired by a descendant from an ascendant or from a brother
or sister by gratuitous title;
2. That said descendant died without an issue;
3. That the property is inherited by another ascendant by operation of law; and
4. That there are relatives within the third degree belonging to the line from which said
property came. (NCC, Art. 891)

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What are the requisites for the right of accretion to take place?

1. Two (2) or more persons are called to the same inheritance, or the same portion
thereof, pro indiviso; and
2. One of the persons called:
a. Predecease the testator;
b. Renounce the inheritance; or
c. Is incapacitated to receive it. (NCC, Art. 1016)

What are the requisites for a valid disinheritance?

1. It is effected through a valid will (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. It must be for a cause expressly stated by law (NCC, Art. 916); and
5. If the truth of the cause is denied, it must be proven by the proponent. (NCC, Art.
917)

Can a testator institute a stranger as an heir through a partition inter vivos without
a will?

No. If there is no will, 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. (Mayuga v. Atienza, G.R. No. 208197)

What are the requirements for a valid partition by the heirs?

1. The decedent left no will;

2. The decedent left no debts, or if there were debts left, all had been paid;
3. The heirs and liquidators are all of age, or if they are minors, they are represented by
their judicial guardian or legal representatives; and
4. The partition was made by means of a public instrument or affidavit duly filed with the
Register of Deeds. (Sanchez v. Court of Appeals, G.R. No. 108947)

Distinguish between rescission under Art. 1191 from rescission under Art. 1381.

Art. 1191 Art. 1381

Rescission is a principal remedy.
Substantial breach of the contract.
The action can be availed of only by a party
to a contract.
Rescission applies exclusively to reciprocal
obligations.
Either ten (10) years for written contracts,
or six (6) years for oral contracts.
The court has discretionary power not to
grant rescission if there is just cause for the
fixing of the period.
Rescission is a subsidiary remedy.
The ground is lesion or economic prejudice.
The action may be availed of even by a third
party.
Rescission applies to all kinds of obligations.
Four (4) years from accrual of right of action.
If the ground is proved, then the court has
no discretion but to order rescission.

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What are the requisites of dacion en pago?

1. There must be performance of the prestation in lieu of payment which may consist in
the delivery of a corporeal thing or a real right or a credit against a third person;
2. There must be some difference between the prestation due and that which is given in
substitution; and
3. There must be an agreement between the creditor and debtor that the obligation is
immediately extinguished by reason of the performance of a prestation different from
that due. (Aquintey v. Tibong, G.R. No. 166704)

What are the requisites of a valid consignation of payment?

1. A debt is due;
2. The creditor to whom tender of payment made was refused without just cause to
accept the payment, or the creditor was absent, unknown, or incapacitated, or several
persons claimed the right to collect, or the title of the obligation was lost;
3. The person interested in the performance of the obligation was given notice before
consignation was made;
4. The amount was placed at the disposal of the court; and
5. The person interested in the performance of the obligation was given notice after the
consignation was made. (Dalton v. FGR Realty, G.R. No. 172577)

What are the contracts covered by the Statute of Frauds?

1. Agreement not to be performed within one (1) year;

2. Special promise to answer for the debt, default, or miscarriage of another;
3. Agreement in consideration of marriage, other than a mutual promise to marry;
4. Agreement for the sale of goods worth more than Five Hundred Pesos (Php 500.00)
unless the buyer receives goods at the time of parting with the purchase money;
5. Agreement of leasing for more than one (1) year or for the sale of real property or of
an interest therein; and
6. A representation as to the credit of a third person. (NCC, Art. 1403(2))

What is absolute simulation of contracts?

It is a situation wherein there is a colorable contract but it has no substance as the parties
have no intention to be bound by it. The main characteristic of an absolute simulation is that
the apparent contract is not really desired or intended to produce legal effect or in any way
alter the juridical situation of the parties. As a result, an absolutely simulated or fictitious
contract is void. (G. Holdings v. CEPALCO, G.R. No. 226213)

What are natural obligations?

Natural obligations, not being based on positive law but on equity and natural law, are
obligations that do not grant a right of action to enforce their performance, but after voluntary
fulfillment by the obligor, they authorize the retention of what has been delivered or rendered
by reason thereof. (NCC, Art. 1423)

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Distinguish between express trusts and implied trusts.

Express Trust Implied Trust

It is created by the direct and positive acts
of the parties, by some writing or deed or
will, or by words evidencing an intention to
create a trust.
It 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 a trust is to be taken

from circumstances or other matters
indicative of such intent.

Express trusts concerning an immovable An implied trust may be proved by oral

property may not be proved by parole evidence.
evidence.

(Cuaycong v. Cuaycong, G.R. No. L-21616)

Distinguish between Negotiorum Gestio and Solutio Indebiti.

Negotiorum Gestio Solutio Indebiti

1. A person voluntary takes charge of the
agency or management of a business or
property belonging to another;
2. The property or business is neglected or
abandoned; and
3. The manager has not been tacitly
authorized by the owner. (NCC, Art.
2144)
1. Something has been unduly delivered
through mistake; and
2. Something was received when there
was no right to demand it. (Metrobank
v. Absolute Management, G.R. No.
170498)

What are the types of constructive delivery?

When the sale is made through a public instrument, the execution

Execution of a
thereof shall be equivalent to the delivery of the thing which is the
public
object of the contract, if from the deed the contrary does not appear
instrument
or cannot clearly be inferred. (NCC, Art. 1498)

Traditio The delivery of certain symbols representing the thing such as the keys
Symbolica of the place or depository where it is stored or kept. (NCC, Art. 1498)

Where the vendor a retro continues to occupy the land as lessee, the
Constitutum
possession is deemed to be constituted in the vendee by virtue of this
Possessorium
mode of tradition. (Amigo v. Teves, G.R. No. L-6389)

Lessees who bought the property remained in possession, not as

Traditio Brevi
lessees anymore but as owners now through symbolic delivery (Heirs
Manu
of Pedro Escanlar v. CA, G.R. No. 119777)

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By mere consent or agreement if the movable sold cannot yet be

Traditio Longa
transferred to the possession of the buyer at the time of sale. (Heirs
Manu
of Caburnay v. Heirs of Sison, G.R. No. 230934)

What are the remedies afforded to a vendor in a contract of sale of personal

property, the price of which is payable in installments?

1. Exact fulfillment of the obligation, should the vendee fail to pay;

2. Cancel the sale, should the vendee's failure to pay cover two or more installments;
3. Foreclose the chattel mortgage on the thing sold, if one has been constituted, should
the vendee's failure to pay cover two or more installments. (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 to the contrary shall be void. (Sps. Nonato
v. IAC, G.R. No. L-67181)

What are the rights of the buyer in a sale of residential property in installments
governed by the Maceda Law?

Buyer who paid less than two Buyer who paid at least two
(2) years of installments (2) years of installments

Right to pay Within the grace period of not less Grace period of one (1) month for
unpaid than sixty (60) days from date of every year of installment paid,
installment installment became due. exercisable once every five (5)
without interest years.

Not entitled. If buyer has paid two (2) to five

(5) years of installments - 50% of
the total payments made; or
Right to cash
surrender value If buyer has paid more than five
in case of (5) years of installments -
cancellation by Additional 5% every year aside
seller from the initial 50% but not to
exceed 90% of the total payments
made including down payment
and options.

(Maceda Law, Secs. 3-7)

When does the right of pacto de retro sale exist?

It exists 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)

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What is an equitable mortgage?

A mortgage which although lacking in some formality, form or words, or other requisites
demanded by a statute, nevertheless reveals the intention of the parties to charge real
property as security for a debt, and contains nothing impossible or contrary to law.
(Matanguihan 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 a
new partnership arrangement with a new juridical personality. However, the underlying
business enterprise remains the same between the two sets of investors and the succession
of liability rule pertaining to the underlying business enterprise must be respected. (Yu v.
NLRC, G.R. No. 97212)

Does failure to register the partnership with the SEC invalidate the partnership as
to third persons?

No, as long as it has all the essential requisites of a partnership. The purpose of registration
of the contract of partnership is to give notice to third parties. Failure to register the contract
of partnership does not affect the liability of the partnership and of the partners to third
persons. (Angeles v. Secretary of Justice, G.R. No. 142612)

What are the requisites of an implied lease?

1. Term of the original contract of lease has expired;

2. Lessor has not given the lessee a notice to vacate; and
3. Lessee continued enjoying the thing leased for fifteen (15) days with the acquiescence
of the lessor. (Samelo v. Manotok Services, Inc. G.R. No. 170509)

What acts by a general partner require the consent or ratification of all the limited
partners?

1. Doing any act in contravention of the certificate;

2. Doing any act which would make it impossible to carry on the ordinary business of the
partnership;
3. Confessing a judgment against the partnership;
4. Possessing partnership property, or assigning their rights in specific partnership
property, for other than a partnership purpose;
5. Admitting a person as a general partner;
6. Admitting a person as a limited partner, unless the right so to do is given in the
certificate; and
7. Continuing the business with partnership property on the death, retirement, insanity,
civil interdiction or insolvency of a general partner, unless the right to do so is given
in the certificate. (NCC, Art. 1850)

What are the elements of an agency by estoppel?

1. 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)

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Distinguish between commodatum and mutuum.

Commodatum Mutuum
Subject Ordinarily involves something not Money or other consumable
matter consumable. (NCC, Art. 1933) thing. (NCC, Art. 1933)
Retained by the bailor. (NCC, Art. Transferred to the borrower (NCC,
Ownership
1933) Art. 1933)
Essentially gratuitous. (NCC, Art. May be gratuitous or onerous
Consideration
1933) (NCC, Art. 1933)
Property May involve real or personal Personal property only. (NCC, Arts.
involved property. (NCC, Art. 1937) 418 & 1933)
Use or temporary possession. Consumption. (NCC, Art. 1933)
Purpose
(NCC, Art. 1933)

When is the bailee liable for the loss of the thing even though a fortuitous event
happens?

1. If he devotes the thing to any purpose different from that for which it has been loaned;
2. If he keeps it longer than the period stipulated, or after the accomplishment of the use
for which the commodatum has been constituted;
3. If the thing loaned has been delivered with appraisal of its value, unless there is a
stipulation exempting the bailee from responsibility in case of a fortuitous event;
4. If he lends or leases the thing to a third person, who is not a member of his household;
and
5. If, being able to save either the thing borrowed or his own thing, he chose to save the
latter. (NCC, Art. 1942)

What is a precarium?

It is a kind of commodatum where the bailor may demand the thing at will. It arises if:
1. Neither the duration of the contract nor the use to which the thing loaned should be
devoted, has been stipulated; or
2. The use of the thing is merely tolerated by the owner. (NCC, Art. 1947)

When is a hotel-keeper not liable for the loss of, or injury to the personal property
of its guests?

1. Loss or injury is due to force majeure;

2. Theft or robbery was committed by a stranger and there is use of arms or irresistible
force;
3. Loss is due to the acts of the guest, his family, servants or visitors; and
4. Loss arises from the character of the things brought to the hotel. (NCC, Arts. 2000-
2002)

When is the benefit of excussion not available?

1. If the guarantor has expressly renounced it;

2. If he has bound himself solidarily with the debtor;
3. In case of insolvency of the debtor;
4. When he has absconded, or cannot be sued within the Philippines unless he has left a
manager or representative; or
5. If it may be presumed that an execution on the property of the principal debtor would
not result in the satisfaction of the obligation. (NCC, Art. 2059)

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What are the essential requirements for the guarantor to invoke the benefit of
excussion?

1. He must set it up against the creditor upon the latter's demand for payment from him;
and
2. He must point out to the creditors available property of the debtor within Philippine
territory, that is sufficient to cover the amount of the debt. (Luzon Steel v. Sia, G.R.
No. L-26449)

What are the elements of a quasi-delict?

1. Damages suffered by the plaintiff; and

2. Fault or negligence of the defendant, or some other person for whose acts he must
respond; and
3. The connection of cause and effect between the fault or negligence of the defendant
and the damages incurred by the plaintiff. (Dr. Huang v. Philippine Hoteliers, G.R. No.
180440)

Distinguish among Culpa Aquiliana, Culpa Contractual, and Culpa Criminal.

Culpa Aquiliana Culpa Contractual Culpa Criminal

Whoever by act or omission The mere proof of the Existence of a law clearly
causes damage to another, existence of the contract and punishing the act.
there being fault or the failure of its compliance
negligence, is obliged to justify, prima facie, a
pay for the damage done. corresponding right of relief.
Such fault or negligence, if
there is no pre-existing
contractual relation
between the parties.
(FGU Insurance Corp. v. G.P. Sarmiento Trucking Corp., G.R. No. 141910)

Who may be held vicariously liable for tortious acts?

Persons Vicariously liable For Damages Caused By

Parents Minor children who live in their company.
Guardians Minors or incapacitated children who are under their
authority and live in their company.
Owners and Managers of an Employees in the service of the branches in which the
Establishment or Enterprise latter are employed or on the occasion of their functions.
Employers Employees and household helpers acting within the
scope of their assigned tasks; even though the former
are not engaged in any business or industry.
State Special agents.
Teachers or heads of Pupils and students or apprentices, so long as they
establishments of arts and remain in their custody.
trade
(NCC, Art. 2180)

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What are the elements of Res Ipsa Loquitur?

1. The accident is of a kind which ordinarily does not occur in the absence of someone’s
negligence;
2. It is caused by an instrumentality within the exclusive control of the defendant or
defendants; and
3. The possibility of contributing conduct, which would make the plaintiff responsible, is
eliminated. (Ramos v. CA, G.R. No. 124354)

What is the doctrine of last clear chance?

A person who has the last clear chance or opportunity of avoiding an accident, notwithstanding
the negligent acts of his opponent or the negligence of a third person which is imputed to his
opponent, is considered in law solely responsible for the consequences of the accident.
(Bustamante v. CA., G.R. No. 89880)

What is damnum absque injuria?

In those instances in which the loss or harm was not the results of a violation of a legal duty.
In such cases, the consequences must be borne by the injured person alone, the law affords
no remedy for damages resulting from an act which does not amount to a legal injury or
wrong (BPI Express Card Corporation v. CA, G.R. No. 120639)

What is proximate cause?

It is that cause, which in natural and continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without which the result would not have occurred.
(Abrogar v. Cosmos Bottling, G.R. No. 164749)

When is an act considered as an efficient intervening cause?

When it is not a consequence of the first wrongful cause nor under the control of the first
wrongdoer and could not be foreseen, that eventually leads to an injury. (Abrogar v. Cosmos
Bottling, G.R. No. 164749)

What is contributory negligence?

It is conduct on the part of the injured party, contributing as a legal cause to the harm he has
suffered, which falls below the standard to which he is required to conform for his own
protection. (Yon Mitori International Industries v. Union Bank, G.R. No. 225538)

What is the doctrine of attractive nuisance?

One who maintains on his premises dangerous instrumentalities or appliances of a character

likely to attract children in play, and who fails to exercise ordinary care to prevent children
from playing therewith or resorting thereto, is liable to a child of tender years who is injured
thereby, even if the child is technically a trespasser in the premises. (Hidalgo Enterprises v.
Balandan, G.R. No. L-3422)

When may an employer be held liable for the negligence of its employees?

When it fails to rebut the presumption that it did not exercise the diligence of a good father
of a family in the selection and supervision of its employees. (Lampesa v. De Vera, G.R. No.
155111)

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May temperate damages be adjudicated alongside actual damages?

Generally, no. However, temperate damages can and should be awarded on top of actual or
compensatory damages in instances where the injury is chronic and continuing as the reason
is that these damages cover two distinct phases of injury. (Ramos v. CA, G.R. No. 124354)

Can a corporation be entitled to moral damages?

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 a 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 victim at time of death)

2. Net Earning Capacity = Life Expectancy x (Gross Annual Income – Reasonable Living
Expenses) (People v. Aringue, G.R. No. 116487)

May damages be awarded 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:
1. Self-employed earning less than the minimum wage under current labor laws and
judicial notice was taken of the fact that in the victim's line of work, no documentary
evidence is available; or
2. Employed as a daily wage worker earning less than the minimum wage under current
labor laws. (People v. Dizon, G.R. No. 129893)

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