Beruflich Dokumente
Kultur Dokumente
Course Outline
I.
Art. 2 NCC; Art.5 Labor Code; Sec. 3(1) & 4, Ch. 2, Book VII,
Administrative Code of 1987; BSP Circular 799
Effects and application of law
Tanada vs Tuvera, 136 SCRA 27 (1985)
Article 2 of the NCC does not preclude the requirement of publication in
the Official Gazette even if the law itself provides for the date of its
effectivity.
Tanada vs Tuvera,146 SCRA 446 (1986)
If the law provides for its own effectivity date, then it takes effect on the
said date, subject to the requirement of publication. The clause unless
otherwise provided refers to the date of effectivity and not the to the
requirement of publication itself, which cannot in any event be omitted.
Basa vs Mercado, 61 Phil 632
To be a newspaper of general circulation, it is enough that it is published
for the dissemination of local news and general information, that it has
bona fide subscription list of paying subscribers, and that it is published
at regular intervals.
PASEI vs. Torres, G.R. NO. 101279,Aug. 06, 1992 212 SCRA 298
Although the questioned circulars are a valid exercise of the police power
as delegated to the executive branch of Government, they are legally
invalid, defective and unenforceable for lack of proper publication and
filing in the Office of the National Administrative Register as required in
Article 2 of the Civil Code, Article 5 of the Labor Code and Sections 3(1)
and 4, Chapter 2, Book VII of the Administrative Code of 1987
Rep. vs. Extelcom, G.R. NO. 147096,Jan. 15, 2002 373 SCRA 316
Thus, publication in the Official Gazette or a newspaper of general
circulation is a condition sine qua non before statutes, rules or
regulations can take effect. There is nothing in the Administrative Code
of 1987 which implies that the filing of the rules with the UP Law Center
is the operative act that gives the rules force and effect.
Cojuangco, Jr. vs. Rep., G.R. NO. 180705, Nov. 27,2012 686 SCRA
472
In this case, while it incorporated the PCA-Cojuangco AG.R.eement by
reference, Section 1 of P.D. 755 did not in any way reproduce the exact
terms of the contract in the decree. Neither was acopy thereof attached to
the decree when published. We cannot, therefore, extend to the said
AG.R.eement the status of a law.
NMSMI vs. DND,G.R. NO. 187587,June 5, 2013 697 SCRA 359
The Court cannot rely on a handwritten note that was not part of
Proclamation No. 2476 as published. Without publication, the note never
had any legal force and effect.
Roy vs CA, G.R. NO 80718 Jan. 29, 1988
The term laws do not include decisions of the Supreme Court because
lawyers in the active practice must keep abreast of decisions, particularly
where issues have been clarified, consistently reiterated and published in
advanced reports and the SCRA.
Article 8. Stare Decisis; Case Law; See also Article 36, FC; article 9,
10, 11, 12 , 13, 14 NCC
Ting v. Velez-Ting, G.R. NO. 166562, Mar. 31, 2009 582 SCRA 694
The rule of stare decisis is not inflexible, whether it shall be followed or
departed from, is a question entirely within the discretion of the court,
which is again called upon to consider a question once decided. It is only
Recio vs. Recio G.R. NO. 138322. October 2, 2001 366 SCRA 437
Whether or not the divorce must be proved before it is to be recognized
in the Philippines. Before a foreign divorce decree can be recognized by
our courts, the party pleading it must prove the divorce as a fact and
demonstrate its conformity to the foreign law allowing it. Presentation
solely of the divorce decree is insufficient.
Roehr v. Rodriguez,G.R. NO. 142820 ,Jun. 30, 2003 404 SCRA 495
As a general rule, divorce decrees obtained by foreigners in other
countries are recognizable in our jurisdiction, but the legal effects
thereof, e.g. on custody, care and support of the children, must still be
determined by our courts.
Morigo v. People, G.R. NO. 145226 , Feb. 6, 2004 422 SCRA 376
The mere private act of signing a marriage contract bears no semblance
to a valid marriage and thus, needs no judicial declaration of nullity.
Such act alone, without more, cannot be deemed to constitute an
ostensibly valid marriage for which petitioner might be held liable for
bigamy unless he first secures a judicial declaration of nullity before he
contracts a subsequent marriage. (Pro hac vice case)
Rep. v. Orbecido, G.R. NO. 154380, Oct. 05, 2005 472 SCRA 114
Whether or not, a Filipino Spouse can remarry under ARTICLE 26 OF
THE FAMILY CODE where his,her spouse is later naturalized as a foreign
citizen and obtains a valid divorce decree capacitating him or her to
remarry. The reckoning point is not the citizenship of the parties at the
time of the celebration of the marriage, but their citizenship at the time a
valid divorce is obtained abroad by the alien spouse capacitating the
latter to remarry.
Corpuz v. Sto. Tomas, G.R.NO. 186571, Aug. 11, 2010 628 SCRA 266
In Gerberts case, since both the foreign divorce decree and the national
law of the alien, recognizing his or her capacity to obtain a divorce,
purport to be official acts of a sovereign authority, Section 24, Rule 132
of the Rules of Court comes into play. This Section requires proof, either
by (1) official publications or (2) copies attested by the officer having legal
custody of the documents. If the copies of official records are not kept in
the Philippines, these must be (a) accompanied by a certificate issued by
the proper diplomatic or consular officer in the Philippine foreign service
stationed in the foreign country in which the record is kept and (b)
authenticated by the seal of his office.
Human Relations; Abuse of Rights, Unjust Enrichment; Malicious
Prosecution; Independent Civil Action; Arts. 1724; 2142; 2154;
2164; 2176, NCC
UP v. Philab, G.R. NO. 152411, Sept. 29, 2004 439 SCRA 467
Whether or not UP is liable to pay PHILAB considering that it is only a
donee of FEMF, FEMF being the one which funded the project, and
despite being a donee, unjust enrichment still applies to UP. In order that
accion in rem verso may prosper, the essential elements must be present:
(1) that the defendant has been enriched, (2) that the plaintiff has
suffered a loss, (3) that the enrichment of the defendant is without just
or legal ground, and (4) that the plaintiff has no other action based on
contract, quasi-contract, crime or quasi-delict.
Beumer vs. Amores, G.R. NO. 195670, Dec. 03, 2012 686 SCRA 770
An action for recovery of what has been paid without just cause has been
designated as an accion in rem verso. This provision does not apply if, as
in this case, the action is proscribed by the Constitution or by the
application of the pari delicto doctrine.
Padalhin vs. Lavia, G.R. NO. 183026,Nov. 14, 2012 685 SCRA 549
Nestor himself admitted that he caused the taking of the pictures of
Lavina's residence without the latter's knowledge and consent. Nestor
violated the New Civil Code prescriptions concerning the privacy of one's
residence and he cannot hide behind the cloak of his supposed
benevolent intentions to justify the invasion.
Civil Personality; Birth; Death; Arts 37, 38, 39 40, 41, 42; 390, 391,
712, 777 NCC; Art. 41, 96 &124, 99 & 126, 142 FC
could die. Even a child inside the womb already has life. No less than
the Constitution recognizes the life of the unborn from conception, that
the State must protect equally with the life of the mother. If the unborn
already has life, then the cessation thereof even prior to the child being
delivered, qualifies as death.
in fact married. The reason is that such is the common order of society,
and if the parties were not what they thus hold themselves out as being,
they would be living in the constant violation of decency and of law.
People v. Ignacio, 81 SCAD 138 (1997)
Appellants own admission that she was married to the victim was a
confirmation of the semper praesumitur matrimonio and the presumption
that a man and a woman so deporting themselves as husband and wife
had verily acted into a lawful contract of marriage.
Proof of Marriage; Marriage Certificate v. Presumption of Marriage;
Torrens Title Entry Single, Civil Status;
Villanueva vs. CA, 198 SCRA 472 (1991)
The best documentary evidence of a marriage is the marriage contract.
A marriage contract renders unnecessary the presumption that a man
and a woman deporting themselves as husband and wife have entered
into a lawful contract of marriage.
Balogbog vs. CA, 269 SCRA 259, 266 (1997)
Although a marriage contract is considered primary evidence of
marriage, the failure to present it is not, however, proof that no marriage
took place, as other evidence may be presented to prove marriage.
People vs. Borromeo, 133 SCRA 106, 110 (1984)
The mere fact that no record of the marriage exists in the registry of
marriage does not invalidate said marriage, as long as in the celebration
thereof, all requisites for its validity are present. The forwarding of a copy
of the marriage certificate to the registry is not one of said requisites.
Pugeda vs. Trias, 4 SCRA 849, 855 (1962)
The defendants questioned the marriage of plaintiff by presenting the
records of the municipality of Rosario, Cavite to show that there is no
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12
Cario v. Cario, G.R. NO. 132529 , Feb. 02, 2001 351 SCRA 127
Whether or not the certification by the registrar of the non-existence of
marriage license is enough to prove non-issuance thereof. The records
reveal that the marriage contract of petitioner and the deceased bears no
marriage license number and, as certified by the Local Civil Registrar of
San Juan, Metro Manila, their office has no record of such marriage
license.
Requirements of Marriage
Essential requisite
Legal Capacity and Consent
Formal Requisite
Marriage License ; Civil Wedding v. Church Wedding; Certificate of
Civil Registrar;
Alcantara v. Alcantara, G.R. NO. 167746 , Aug. 28,2007 531 SCRA
446
Whether or not, a marriage license issued by a municipality or city to a
non-resident invalidates the license. Issuance of a marriage license in a
city or municipality, not the residence of either of the contracting parties,
and issuance of a marriage license despite the absence of publication or
prior to the completion of the 10-day period for publication are
considered mere irregularities that do not affect the validity of the
marriage
Abbas v. Abbas, G.R. NO. 183896 , Jan. 30, 2013 689 SCRA 636
The Municipal Civil Registrar of Carmona, Cavite, where the marriage
license of Gloria and Syed was allegedly issued, issued a certification to
the effect that no such marriage license for Gloria and Syed was issued,
and that the serial number of the marriage license pertained to another
couple, Arlindo Getalado and Myra Mabilangan. The fact that the names
in said license do not correspond to those of Gloria and Syed does not
overturn the presumption that the registrar conducted a diligent search
of the records of her office.
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Marriage Ceremony
Morigo vs People, 422 SCRA 376 (2004)
Petitioner and Lucia Barrette merely signed the marriage contract on
their own. The mere act of signing a marriage contract by the contracting
parties without the presence of the solemnizing officer will not result to
marriage.
Infante vs Arenas, June 29, 1951
The failure of the solemnizing officer to ask the parties whether they take
each other as husband and wife cannot be regarded as a fatal omission if
the parties nonetheless signed the marriage contract in the presence of
the solemnizing officer. A declaration of word of mouth of what the
parties and already stated in writing would be a mere repetition, so that
its omission should not be regarded as fatal.
People v. Opea, L-34954, Feb. 20, 1981
If a man and a woman deport themselves as if they were husband and
wife, they are presumed to be validly and legally married to each other
and this presumption is not rebutted by a mere denial by the man (or
woman) of the fact of marriage.
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Araes v. Occiano, A.M. 02-1390 , April 11, 2002 380 SCRA 402
The respondent Judge solemnized marriage without the requisite
marriage license. Where a judge solemnizes a marriage outside his
courts jurisdiction, there is a resultant irregularity in the formal
requisite laid down in article 3, which while it may not affect the validity
of marriage, may subject the officiating official to administrative liability.
OCA vs. J. Necessario et al, A.M. NO. 07-1691,April 2, 2013 695
SCRA
The court does not accept the arguments of the respondent judges that
the ascertainment of the validity of the marriage license is beyond the
scope of the duty of a solemnizing officer especially when there are
glaring pieces of evidence that point to the contrary. As correctly
observed by the OCA, the presumption of regularity accorded to a
marriage license disappears the moment the marriage documents do not
appear regular on its face.
Compare the ruling of the court in the case of Cario v. Cario and
OCA vs. J. Necessario et al as to the duty of the solemnizing officer
to examine the validity of marriage license.
Marriage in good faith
Effect of Absence of Essential and Formal requisite
Arts. 15-17,50-5, NCC; Art.26, FC; Divorce [Filipino; Foreigner;
Parenting;
Children,
Property
Rights;
Succession
rights];
Declaratory Relief; Rule 108;; Art. 412 NCC
Rep. v. Orbecido, G.R. NO. 154380, Oct. 05, 2005 472 SCRA 114
Whether or not, a Filipino spouse of an alien, who is a Filipino at the
time of marriage, remarry after the latter acquires a foreign divorce that
allows her to remarry. The reckoning point is not the citizenship of the
parties at the time of the celebration of the marriage, but their
citizenship at the time a valid divorce is obtained abroad by the alien
spouse capacitating the latter to remarry.
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Corpuz v. Sto. Tomas, G.R. NO. 186571, Aug. 11, 2010 628 SCRA
266
A judgment of divorce is a judicial decree, although a foreign one,
affecting a persons legal capacity and status that must be recorded. But
while the law requires the entry of the divorce decree in the civil registry,
the law and the submission of the decree by themselves do not ipso facto
authorize the decrees registration.
Classification of Marriages, Relationships. Parties In Interest;
NCC;FC;AM 02-11-10 SC
Valid
Voidable
Void
Terminable
Others Classifications
Legal Separation
Separation in Fact
Common Law Relationship
Void Marriages vs Voidable Marriages
Suntay vs. Conjuangco-Suntay, 300 SCRA 760, 770 (1998)
The fundamental distinction between void and voidable marriages is that
a void marriage is deemed never to have taken place at all and cannot be
the source of rights. On the other hand, a voidable marriage, is
considered valid and produces all its civil effects, until it is set aside by
final judgment of a competent court in an action for annulment
Declaration of Nullity; NCC v. FC, AM 02-11-10 SC; Civil Code and
Muslim Code [PD 1083]
Proper party to petition for nullity of marriage; AM 02-11-10 SC
17
Ablaza v. Republic, G.R. NO. 158298 , Aug. 11, 2010 628 SCRA 27
Indeed, a brother like the petitioner, albeit not a compulsory heir under
the laws of succession, has the right to succeed to the estate of a
deceased brother under the conditions stated in Article 1001 and Article
1003 of the Civil Code Necessarily, therefore, the right of the petitioner to
bring the action hinges upon a prior determination of whether
Cresenciano had any descendants, ascendants, or children (legitimate or
illegitimate), and of whether the petitioner was the late Cresencianos
surviving heir. Such prior determination must be made by the trial court,
for the inquiry thereon involves questions of fact.
Juliano-Llave v. Republic, G.R. NO. 169766 , Mar. 30, 2011 646
SCRA 637
The marriage between the late Sen. Tamano and Zorayda was celebrated
in 1958, solemnized under civil and Muslim rites. The only law in force
governing marriage relationships between Muslims and non-Muslims
alike was the Civil Code of 1950, under the provisions of which only one
marriage can exist at any given time.
Procedure in declaration of nullity of marriage
Carlos v. Sandoval G.R. NO. 179922 , Dec. 16, 2008 574 SCRA 116
Whether a marriage may be declared void ab initio through a judgment
on the pleadings or a summary judgment and without the benefit of a
trial. The grounds for declaration of absolute nullity of marriage must be
proved. Neither judgment on the pleadings nor summary judgment is
allowed. So is confession of judgment disallowed.
Bolos v. Bolos, G.R. NO. 186400 , Oct. 20, 2010 634 SCRA 429
Whether or not A.M. NO. 02-11-10-SC RULE ON DECLARATION OF
ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF
VOIDABLE MARRIAGES is applicable to marriages solemnized before
the effectivity of Family Code. NO. The Rule on Declaration of Absolute
Nullity of Void Marriages and Annulment of Voidable Marriages as
contained in A.M. NO. 02-11-10-SC which the Court promulgated on
March 15, 2003
Article 36, FC; AM 02-11-10 SC; See also Articles 48, 68-71, 220-221
& 225 FC
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The appellate court correctly ruled that the report of Dr. Tayag failed to
explain the root cause of petitioners alleged psychological incapacity. The
evaluation of Dr. Tayag merely made a general conclusion that petitioner
is suffering from an Anti-social Personality Disorder but there was no
factual basis stated for the finding that petitioner is a socially deviant
person, rebellious, impulsive, self-centered and deceitful.
Ochosa v. Alano, G.R. NO. 167459 , Jan. 26, 2011 640 SCRA 517
In this case the court proved that respondent was the sex partner of
many military officials. In view of the foregoing, the badges of Bonas
alleged psychological incapacity, i.e., her sexual infidelity and
abandonment, can only be convincingly traced to the period of time after
her marriage to Jose and not to the inception of the said marriage.
Yambao v. REP., G.R. NO. 184063 , Jan. 24, 2011 640 SCRA 355
Article 36 contemplates incapacity or inability to take cognizance of
and to assume basic marital obligations and not merely difficulty,
refusal, or neglect in the performance of marital obligations or ill will.
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Rep. v. Galang G.R. NO. 168335 , Jun. 6, 2011 650 SCRA 524
In like manner, Juvys acts of falsifying the respondents signature to
encash a check, of stealing the respondents ATM, and of squandering a
huge portion of the P15,000.00 that the respondent entrusted to her,
while no doubt reprehensible, cannot automatically be equated with a
psychological disorder, especially when the evidence shows that these
were mere isolated incidents and not recurring acts.
Aurelio v. Aurelio, G.R. NO. 175367 , Jun. 6, 2011 650 SCRA 561
Whether or not a petition for nullity of marriage on the ground of
psychological incapacity may be dismiss for failure to comply with the
guidelines set forth in the Molina Ruling. Let it be remembered that each
case involving the application of Article 36 must be treated distinctly and
judged not on the basis of a priori assumptions, predilections or
generalizations but according to its own attendant facts.
Kalaw v. Fernandez, G.R. NO. 166357 , Sept 19, 2011 657 SCRA 822
He presented the testimonies of two supposed expert witnesses who
concluded that respondent is psychologically incapacitated, but the
conclusions of these witnesses were premised on the alleged acts or
behavior of respondent which had not been sufficiently proven. Sexual
infidelity per se is a G.R.ound for legal separation, but it does not
necessarily constitute psychological incapacity.
Toring v. Toring, G.R. NO. 165321 , Aug. 03, 2010 626 SCRA 389
We are in no way convinced that a mere narration of the statements of
Ricardo and Richardson, coupled with the results of the psychological
tests administered only on Ricardo, without more, already constitutes
sufficient basis for the conclusion that Teresita suffered from Narcissistic
Personality Disorder. This Court has long been negatively critical in
considering psychological evaluations, presented in evidence, derived
solely from one-sided sources, particularly from the spouse seeking the
nullity of the marriage.
Baccay v. Baccay, G.R. No 173138 , Dec, 1, 2010 636 SCRA 350
21
In this case, the totality of evidence presented by Noel was not sufficient
to sustain a finding that Maribel was psychologically incapacitated.
Noels evidence merely established that Maribel refused to have sexual
intercourse with him after their marriage, and that she left him after
their quarrel when he confronted her about her alleged miscarriage.
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Marital rights including coverture and living in conjugal dwelling may not
be enforced by the extra-ordinary writ of habeas corpus. With his full
mental capacity coupled with the right of choice, Potenciano Ilusorio may
not be the subject of visitation rights against his free choice. Otherwise,
we will deprive him of his right to privacy.
Go vs. CA G.R. NO.114791, May 29, 1997 272 SCRA 752
Under Article 117 of the Civil Code (now Article 73 of the Family Code),
the wife may exercise any profession, occupation or engage in business
without the consent of the husband. In the instant case, we are
convinced that it was only petitioner Nancy Go who entered into the
contract with private respondent.
Family expenses and management of the household
TITLE IV. PROPERTY RELATIONS BET. HUSBAND & WIFE (Articles
74- 148)
CHAPTER 1. GENERAL PROVISIONS;
(Articles 74-81, FC; Art. 119, NCC)
Pre-nuptial
Agreement;
Concept
Property regime by default
Marriage settlement
Parties to Marriage settlement
Laws governing Property Relations
CHAPTER 2. DONATIONS BY REASON OF MARRIAGE (Articles 8287)
Donation Propter Nuptias
Serrano vs. Solomon, G.R. NO. L-12093, June 29, 1959
The following donations are not donations propter nuptias: (1) those made
in favor of the spouses after the celebration of marriage; (2) those
executed in favor of the future spouses but not in consideration of the
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marriage; and (3) those Ggranted to persons other than the spouses even
though they may be founded on the marriage
Rules governing Donation propter nuptias
Heirs of Segunda Maningding vs. CA, 276 SCRA 601 (1997)
Even if the donation proper nuptias is void for failure to comply with
formal requisites, it could still constitute as legal basis for adverse
possession.
Valencia v. Locquiao, G.R. NO. 122134, Oct. 3, 200 412 SCRA 600
Under the Old Civil Code, donations propter nuptias must be made in a
public instrument in which the property donated must be specifically
described. However, Article 1330 of the same Code provides that
"acceptance is not necessary to the validity of such gifts". In
other words, the celebration of the marriage between the beneficiary
couple, in tandem with compliance with the prescribed form, was enough
to effectuate the donation propter nuptias under the Old Civil Code.
Donation between the parties
Donation of future properties
Revocation of Donation Propter Nuptias
Donation between Spouses
Agapay vs. Palang, G.R. NO. 116668 , Jul. 28, 1997 276 SCRA 340
Article 87 of the Family Code expressly provides that the prohibition
against donations between spouses now applies to donations between
persons living together as husband and wife without a valid marriage, for
otherwise, the condition of those who incurred guilt would turn out to be
better than those in legal union.
Arcaba vs. Batocael, G.R. NO.146683 , Nov.22, 2001 370 SCRA 414
Respondents having proven by a preponderance of evidence that Cirila
and Francisco lived together as husband and wife without a valid
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In this provision, net profits "shall be the increase in value between the
market value of the community property at the time of the celebration of
the marriage and the market value at the time of its dissolution."
General Provisions
Dewara v. Lamela G.R. NO. 179010, Apr. 11, 2011 647 SCRA 483
All property of the marriage is presumed to belong to the conjugal
partnership, unless it be proved that it pertains exclusively to the
husband or to the wife. Registration in the name of the husband or the
wife alone does not destroy this presumption.
De Leon v. De Leon G.R. NO. 185063 , Jul. 23, 2009 593 SCRA 768
In the case at bar, ownership over what was once a PHHC lot and covered
by the PHHC-Bonifacio Conditional Contract to Sell was only transferred
during the marriage of Bonifacio and Anita. Evidently, title to the
property in question only passed to Bonifacio after he had fully paid the
purchase price on June 22, 1970.
Section 2. Exclusive Property of Each Spouse (Articles 109-115)
Villegas v. Lingan G.R. NO. 153839 , Jun. 29, 2007 526 SCRA 63
Consequently, as correctly held by the CA, Marilou acquired ownership of
the subject property. All rights and title of the judgment obligor are
transferred upon the expiration of the right of redemption. And where the
redemption is made under a property regime governed by the conjugal
partnership of gains, Article 109 of the Family Code provides that
property acquired by right of redemption is the exclusive property of the
spouses redeeming the property.
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For the presumption to apply, it is not even necessary to prove that the
property was acquired with funds of the partnership. In fact, even when
the manner in which the property was acquired does not appear, the
presumption applies and it will be considered conjugal property.
Imani v. MBTC, G.R. NO.187023,Nov. 17, 2010 635 SCRA 357
The party who invokes it must first prove that the property was acquired
during the marriage. Proof of acquisition during the coverture is a
condition sine qua non to the operation of the presumption in favor of the
conjugal partnership.
Pisuea vs. Heirs of Petra Unating, G.R. NO. 132803 , Aug. 31, 1999
313 SCRA 384
The words "married to" were merely descriptive of Petra Unating's status
at the time the lot was awarded and registered in her name. Since Petra
Unating did not leave any other property, will or debt upon her demise in
1948, the property in question was thus inherited by her children, Felix
and Catalina Villar; and her husband, Aquilino Villar.
Improvement on Separate Property
Determination of Ownership
Ferrer v. Ferrer, G.R. NO.166496 , Nov. 29, 2006 508 SCRA 570
The obligation to reimburse rests on the spouse upon whom ownership of
the entire property is vested. There is no obligation on the part of the
purchaser of the property, in case the property is sold by the ownerspouse.
Section 4.Charges Upon & Oblig.of the Conjugal Partnership (Articles
121-123)
Alipio vs. Court of Appeals, G.R. NO. 134100, Sept. 29, 2000.
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The barefaced fact that the shares of stocks were registered in the
corporate books of Citycorp Investment Philippines solely in the name of
the petitioner-husband does not constitute proof that the petitionerhusband, not the conjugal partnership, owned the same.
Carlos vs. Abelardo, G.R. NO. 146504 , Apr. 09, 2002 380 SCRA 361
On the same principle, acknowledgment of the loan made by the
defendant-wife binds the conjugal partnership since its proceeds
redounded to the benefit of the family. Hence, defendant-husband and
defendant-wife are jointly and severally liable in the payment of the loan.
SBTC v. Mar Tierra Corp., G.R. NO. 143382 , Nov. 29, 2006 508
SCRA 419
To hold the conjugal partnership liable for an obligation pertaining to the
husband alone defeats the objective of the Civil Code to protect the
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solidarity and well being of the family as a unit. The underlying concern
of the law is the conservation of the conjugal partnership. Hence, it
limits the liability of the conjugal partnership only to debts and
obligations contracted by the husband for the benefit of the conjugal
partnership.
Ros v. PNB Laoag Br., G.R. NO.170166, Apr. 06, 2011 647 SCRA 334
It is enough that the benefit to the family is apparent at the signing of
the contract. From the very nature of the contract of loan or services, the
family stands to benefit from the loan facility or services to be rendered
to the business or profession of the husband.
Pana v. Heirs of Jose Juanite G.R. NO. 164201,Dec. 10, 2012 687
SCRA 414
Contrary to Efrens contention, Article 121 above allows payment of the
criminal indemnities imposed on his wife, Melecia, out of the partnership
assets even before these are liquidated. Indeed, it states that such
indemnities "may be enforced against the partnership assets after the
responsibilities enumerated in the preceding article have been covered."
No prior liquidation of those assets is required.
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Spouses Guiang vs. Court of Appeals, G.R. No. 125172. June 26,
1998,
Under the Civil Code, the encumbrance or alienation of a conjugal real
property by the husband absent the wifes consent, is voidable and not
void.
Roxas vs. CA G.R. NO. 92245, Jun. 26, 1991 198 SCRA 541
The joinder of the wife, although unnecessary for an oral lease of
conjugal realty which does not exceed one year in duration, is required in
a lease of conjugal realty for a period of more than one year, such a lease
being considered a conveyance and encumbrance within the provisions of
the Civil Code requiring the joinder of the wife in the instrument by
which real property is conveyed or encumbered
Guiang vs. CA, G.R. NO. 125172, Jun. 26, 1998 291 SCRA 372
The sale of a conjugal property requires the consent of both the husband
and the wife. The absence of the consent of one renders the sale null and
void, while the vitiation thereof makes it merely voidable. Only in the
latter case can ratification cure the defect.
Jader-Manalo vs. Camaisa, G.R. NO. 147978, Jan. 23, 2002 374
SCRA 498
Respondent Norma Camaisa admittedly did not give her written consent
to the sale. Even G.R.anting that respondent Norma actively participated
in negotiating for the sale of the subject properties, which she denied,
her written consent to the sale is required by law for its validity.
Significantly, petitioner herself admits that Norma refused to sign the
contracts to sell.
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Ravina v. Villa Abrille G.R. NO. 160708, Oct. 16, 2009 604 SCRA
120
Just like the rule in absolute community of property, if the husband,
without knowledge and consent of the wife, sells conjugal property, such
sale is void. If the sale was with the knowledge but without the approval
of the wife, thereby resulting in a disagreement, such sale is annullable
at the instance of the wife who is given five (5) years from the date the
contract implementing the decision of the husband to institute the case.
De la Cruz v. Segovia, G.R. NO. 149801, Jun. 26, 2008 555 SCRA
453
While Florindas husband did not affix his signature to the abovementioned Agreement, we find no ground to disturb the uniform findings
of the trial court and appellate court that Renato, by his actuations,
agreed and gave his conformity to the Agreement. As found by the courts
below, Renatos consent to the Agreement was drawn from the fact that
he was present at the time it was signed by the sisters and their
witnesses; he had knowledge of the Agreement as it was presented to him
for his signature, although he did not sign the same because his wife
Florinda insisted that her signature already carried that of her husband;
Renato witnessed the fact that Leonila contributed her hard earned
savings in the amount of P36,000.00 to complete their share in the
purchase price of the properties in question in the total amount of
P180,000.00.
Section 6. Dissolution of the Conjugal Partnership Regime (Articles
126-128)
MBTC v. Pascual, G.R. NO. 163744, Feb. 29, 2008 547 SCRA 246
Termination of Conjugal Property Regime does not ipso facto End the
Nature of Conjugal Ownership. While the declared nullity of marriage of
Nicholson and Florencia severed their marital bond and dissolved the
conjugal partnership, the character of the properties acquired before
40
41
the other heirs of Marta with respect to her share in the assets of the
conjugal partnership pending a liquidation following its liquidation.
43
San Luis v. San Luis G.R. NO. 133743, Feb. 06, 2007 514 SCRA 294
In the instant case, respondent would qualify as an interested person
who has a direct interest in the estate of Felicisimo by virtue of their
cohabitation, the existence of which was not denied by petitioners. If she
proves the validity of the divorce and Felicisimos capacity to remarry, but
fails to prove that her marriage with him was validly performed under the
laws of the U.S.A., then she may be considered as a co-owner under
Article 144 76 of the Civil Code
44
45
Arriola v. Arriola, G.R. NO. 177703, Jan. 28, 2008 542 SCRA 666
Furthermore, Articles 152 and 153 specifically extend the scope of the
family home not just to the dwelling structure in which the family resides
but also to the lot on which it stands. Thus, applying these concepts, the
subject house as well as the specific portion of the subject land on which
it stands are deemed constituted as a family home by the deceased and
petitioner Vilma from the moment they began occupying the same as a
family residence 20 years back
Modequillo vs. Breva, G.R. No. 86355, May 31, 1990.
There is no need to constitute the same judicially or extrajudicially as
required in the Civil Code. If the family actually resides in the premises,
it is, therefore, a family home as contemplated by law
Patricio vs. Dario, G.R. NO. 170829, November 20, 2006.
Three requisites must concur before a minor beneficiary is entitled to the
benefits of Art. 159: (1) the relationship enumerated in Art. 154 of the
Family Code; (2) they live in the family home, and (3) they are dependent
for legal support upon the head of the family.
Cabang v. Basay, G.R. NO. 180587, Mar. 20, 2009 582 SCRA 172
The family home must be established on the properties of (a) the absolute
community, or (b) the conjugal partnership, or (c) the exclusive property
of either spouse with the consent of the other. It cannot be established
on property held in co-ownership with third persons. However, it can be
established partly on community property, or conjugal property and
partly on the exclusive property of either spouse with the consent of the
latter.
46
Olivia De Mesa v. Acero, G.R. NO. 185064 Jan. 16, 2012 663 SCRA
40
The family homes exemption from execution must be set up and proved
to the Sheriff before the sale of the property at public auction. The
petitioners now are barred from raising the same. Failure to do so estop
them from later claiming the said exemption.
Manacop vs. CA, 277 SCRA 57 (1997)
Articles 152 and 153 of the Family Code do not have a retroactive effect
such that all existing family residences are deemed to have been
constituted as family homes at the time of their occupation prior to the
effectivity of the Family Code and are exempt from execution for the
payment of obligations incurred before the effectivity of the Family Code.
Benitez-Badua vs. CA G.R. NO. 105625, Jan. 24, 1994 229 SCRA 468
Article 170 of the Family Code is inapplicable to this case because this is
not an action to impugn the legitimacy of a child, but an action of the
private respondents to claim their inheritance as legal heirs of their
childless deceased aunt. They do not claim that petitioner Violeta
Cabatbat Lim is an illegitimate child of the deceased, but that she is not
the decedent's child at all.
47
Liyao vs. Tanhoti-Liyao,G.R. NO. 138961, Mar. 07, 2002 378 SCRA
563
The grounds for impugning the legitimacy of the child mentioned in
Article 255 of the Civil Code may only be invoked by the husband, or in
proper cases, his heirs under the conditions set forth under Article 262
of the Civil Code.
Labagla vs. Santiago, G.R. NO. 132305, Dec. 04, 2001 371 SCRA 360
A baptismal certificate, a private document, is not conclusive proof of
filiation. More so are the entries made in an income tax return, which
only shows that income tax has been paid and the amount thereof.
Macadangdang vs. Court of Appeals, 100 SCRA 73
In this case the husband and the wife continued to live in the same
province after their alleged separation, the Court did not discount the
possibility of physical access to each other considering their proximity to
each other and considering further that the wife still visited and
recuperated in her mothers house where her spouse resided with their
children.
Andal vs. Macaraig, 89 Phil 165
The court held that just because tuberculosis is advanced in a man does
not necessarily mean that he is incapable of sexual intercourse. There
are cases where persons suffering from tuberculosis can do the carnal
act even in the most crucial stage of health because then they seemed to
be more inclined to sexual intercourse.
Tison vs CA, 276 SCRA 582 (1997)
The issue of legitimacy cannot be attacked collaterally.
CHAPTER 2. PROOF OF FILIATION (Articles 172-174)
48
Solinap vs. Locsin Jr. G.R. NO. 146737 , Dec. 10, 2001 371 SCRA
711
Whether or not the certificate of live birth (Exhibit D) as presented by the
respondent, including the photograph showing that he and his mother
attended the deceased funeral, is sufficient to proof filiation of the
petitioner to the deceased. A birth certificate offers only prima facie
evidence of filiation and may be refuted by contrary evidence.
Verceles v. Posada, G.R. NO.159785, Apr. 27, 2007 522 SCRA 518
The court held that the due recognition of an illegitimate child in a
record of birth, a will, a statement before a court of record, or in any
authentic writing is, in itself, a consummated act of acknowledgement of
the child, and no further court action is required
De Asis vs CA, 303 SCRA 176
Paternity or filiation, or the lack of it, is a relationship that must be
judicially established and it is for the court to declare its existence or
absence.
Lucas v. Lucas, G.R. NO. 190710, Jun. 6, 2011 650 SCRA 667
Although a paternity action is civil, not criminal, the constitutional
prohibition against unreasonable searches and seizures is still
applicable, and a proper showing of sufficient justification under the
particular factual circumstances of the case must be made before a court
may order a compulsory blood test.
Rodriguez vs. CA, G.R. NO. 85723, Jun. 19, 1995 245 SCRA 150
When a recognition has been made by one parent, the name of the other
parent may be revealed in an action by the child to compel such other
parent to recognize him also.
Heirs of Cabais vs. CA, G.R. NO. 106314-15,Oct. 08, 1999 316 SCRA
338
49
Cenido vs. Apacionado, G.R .NO. 132474, Nov. 19, 1999 318 SCRA
688
Under the law, this statement must be made personally by the parent
himself or herself, not by any brother, sister or relative; after all, the
concept of recognition speaks of a voluntary declaration by the parent, or
if the parent refuses, by judicial authority, to establish the paternity or
maternity of children born outside wedlock.
Tayag v. Tayag-Gallor, G.R. NO. 174680, Mar. 24, 2008 549 SCRA 68
Petitioner, however, overlooks the fact that respondents successional
rights may be established not just by a judicial action to compel
recognition but also by proof that she had been voluntarily acknowledged
and recognized as an illegitimate child. Respondent in this case had not
been given the opportunity to present evidence to show whether she had
been voluntarily recognized and acknowledged by her deceased father
because of petitioners opposition to her petition and motion for hearing
on affirmative defenses.
Puno v. Puno Ent. Inc., G.R. NO. 177066, Sept. 11, 2009 599 SCRA
585
A certificate of live birth purportedly identifying the putative father is not
competent evidence of paternity when there is no showing that the
putative father had a hand in the preparation of the certificate. The local
civil registrar has no authority to record the paternity of an illegitimate
child on the information of a third person.
Gotardo v. Buling, G.R. NO. 165166, Aug. 15, 2012 678 SCRA 436
We have held that such other proof of one's filiation may be a "baptismal
certificate, a judicial admission, a family bible in which [his] name has
50
Lucas v. Lucas, G.R . NO. 190710, Jun. 6, 2011 650 SCRA 667
Although a paternity action is civil, not criminal, the constitutional
prohibition against unreasonable searches and seizures is still
applicable, and a proper showing of sufficient justification under the
particular factual circumstances of the case must be made before a court
may order a compulsory blood test.
Guy v. CA, G.R. NO. 163707, Sept. 15, 2006 502 SCRA 151
It is clear therefore that the resolution of the issue of prescription
depends on the type of evidence to be adduced by private respondents in
proving their filiation. However, it would be impossible to determine the
same in this case as there has been no reception of evidence yet.
51
De La Cruz v. Gracia G.R. NO. 177728, Jul. 31, 2009 594 SCRA 648
Where the private handwritten instrument is the lone piece of evidence
submitted to prove filiation, there should be strict compliance with the
requirement that the same must be signed by the acknowledging parent.
Where the private handwritten instrument is accompanied by other
relevant and competent evidence, it suffices that the claim of filiation
therein be shown to have been made and handwritten by the
acknowledging parent as it is merely corroborative of such other
evidence.
Uy v. Chu, G.R. NO. 183965, Sept. 18, 2009 600 SCRA 806
It is settled, then, in law and jurisprudence, that the status and filiation
of a child cannot be compromised. Public policy demands that there be
no compromise on the status and filiation of a child. Paternity and
filiation or the lack of the same, is a relationship that must be judicially
established, and it is for the Court to declare its existence or absence. It
cannot be left to the will or aG.R.eement of the parties.
52
existing valid marriage between respondent and his first wife, Teresita B.
Tabiliran.
TITLE VII. ADOPTION
Republic vs. Miller, G.R. NO.125932, Apr. 21, 1999 306 5CRA 183
53
An alien qualified to adopt under the Child and Youth Welfare Code,
which was in force at the time of the filing of the petition, acquired a
vested right which could not be affected by the subsequent enactment of
a new law disqualifying him.
Republic vs. Toledano, G.R. NO.94147, Jun. 08, 1994 233 SCRA 9
The Family Code reiterated the rule by requiring that husband and wife
"must" jointly adopt, except in the cases mentioned before. Under the
said new law, joint adoption by husband and wife is mandatory
Cang vs. CA, G.R. NO.105308, Sept. 25, 1998 296 SCRA 128
Physical estrangement alone, without financial and moral desertion, is
not tantamount to abandonment. While admittedly, petitioner was
physically absent as he was then in the United States, he was not remiss
in his natural and legal obligations of love, care and support for his
children.
In re: Adoption of Michelle & Michael Lim G.R. NO.168992-93, May
21, 2009 588 SCRA 98
The filing of a case for dissolution of the marriage between petitioner and
Olario is of no moment. It is not equivalent to a decree of dissolution of
marriage. Until and unless there is a judicial decree for the dissolution of
the marriage between petitioner and Olario, the marriage still subsists.
That being the case, joint adoption by the husband and the wife is
required.
Republic vs. CA & Bobiles, G.R. NO.92326, Jan. 24, 1992 205 SCRA
356
Under the Child and Youth Welfare Code, private respondent had the
right to file a petition for adoption by herself, without joining her
husband therein. When Mrs. Bobiles filed her petition, she was
exercising her explicit and unconditional right under said law.
Lahom vs. Sibulo, G.R. NO. 143989, July 14, 2003
54
55
56
AUTHORITY
UPON THE
57
AUTHORITY
UPON THE
(Articles 225-227)
Lindain v. CA, G.R. NO. 95305 , Aug. 20, 199 212 SCRA 725
Under the law, a parent, acting merely as the legal (as distinguished
from judicial) administrator of the property of his/her minor children,
does not have the power to dispose of, or alienate, the property of said
children without judicial approval.
Neri v. Heirs of Hadji Yusop, G.R. No 194366, Oct. 10, 2012 683
SCRA 253
58
Administration includes all acts for the preservation of the property and
the receipt of fruits according to the natural purpose of the thing. Any
act of disposition or alienation, or any reduction in the substance of the
patrimony of child, exceeds the limits of administration. Thus, a father or
mother, as the natural guardian of the minor under parental authority,
does not have the power to dispose or encumber the property of the latter
CHAPTER 5. SUSPENSION
AUTHORITY (Arts 228-233)
OR
TERMINATION
OF
PARENTAL
Bondagjy vs. Bondagjy, G.R. NO. 140817, Dec. 07, 2001 371 SCRA
64
Indeed, what determines the fitness of any parent is the ability to see to
the physical, educational, social and moral welfare of the children, and
the ability to give them a healthy environment as well as physical and
financial support taking into consideration the respective resources and
social and moral situations of the parents.
Cang vs CA,296 SCRA 128
In reference to abandonment of a child by his parent, the act of
abandonment imports any conduct of the parent which evinces a settled
purpose to forego all parental duties and relinquish all parental claims to
the child. It means neglect or refusal to perform the natural and legal
obligations of care and support which parents owe their children.
Title X. EMANCIPATION AND AGE OF MAJORITY; See RA 6809;
2176 & 2180 NCC
Concept
Effects of Emancipation
Title XI SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
Family Courts Act and SC AM Orders and Circulars
CHAPTER 1. SCOPE OF APPLICATION (Article 238)
59
INVOLVING
PARENTAL
AUTHORITY
See RA 9262 (Anti Violence against Women and Children [VAWC]) &
IRR
A.M. NO. 02-11-12-SC- Re: Proposed Rule on Provisional Orders
(March 4, 2003)
A.M. NO. 03-02-05-SC- Re: Proposed Rule on Guardianship of Minors
(April 1, 2003)
A.M. NO. 03-04-SC- Re: Proposed Rule on Custody of Minors and
Writ of
Habeas Corpus in Relation to Custody of Minors (April 30, 2003)
CHAPTER
4. OTHER MATTERS
PROCEEDINGS (Article 253)
SUBJECT
TO
SUMMARY
Uy (Jardeleza) vs. CA, G.R. NO. 109557, Nov. 29, 2000 346 SCRA
246
Rule 95 of the ROC, not the Rule on Summary Proceedings in the Family
Code, shall apply in a sale of a conjugal property where one spouse is is
an incompetent. A comatose spouse is incompetent.
Republic v. Tango, G.R. NO.161062, Jul. 31, 2009 594 SCRA 560
By express provision of law, the judgment of the court in a summary
proceeding shall be immediately final and executory. As a matter of
course, it follows that no appeal can be had of the trial courts judgment
60
Rep. v. Bermudez-Lorino G.R. NO. 160258 , Jan. 19, 2005 449 SCRA
5
In Summary Judicial Proceedings under the Family Code, there is no
reglementary period within which to perfect an appeal, precisely because
judgments rendered thereunder, by express provision of Section 247,
Family Code, supra, are "immediately final and executory". It was
erroneous, therefore, on the part of the RTC to give due course to the
Republics appeal and order the transmittal of the entire records of the
case to the Court of Appeals.
61
PROPERTY
Concept of Property
Classification of Property
Immovable vs Movable Properties
Laurel vs. Abrogar,
Jan.
13,
2009
62
The words "Personal property" under the Revised Penal Code must be
considered in tandem with the word "take" in the law. The statutory
definition of "taking" and movable property indicates that, clearly, not all
personal properties may be the proper subjects of theft. The general rule
is that, only movable properties which have physical or material
existence and susceptible of occupation by another are proper objects of
theft.
Kinds of Immovable Properties
Bicerra vs. Teneza, 6 SCRA 649, 651 (1962).
A house (or a building) is classified as immovable property by reason of
its adherence to the soil on which it is built. Thus, a building which is
merely superimposed on the soil is not a real property.
Punzalan, Jr. v. Vda. De Lacsamana, 121 SCRA 331 (1983)
A building treated separately from the land on which it stood is
immovable property and the mere fact that the parties to a contract seem
to have dealt with it separate and apart from the land on which it stood
in no wise changed its character as immovable property.
Tsai vs. CA, 366 SCRA 324
In the instant case, the parties: (1) executed a contract styled as Real
Estate Mortgage and Chattel Mortgage, instead of just Real Estate
Mortgage if indeed their intention is to treat all properties included
therein as immovable, and (2) attached to the said contract a separate
LIST OF MACHINERIES & EQUIPMENT. These facts, taken together,
evince the conclusion that the parties intention is to treat these units of
machinery as chattels.
Caltex Phils.,
Inc.,
vs.
CBAA, May
31,
1982
63
station, for without them the gas station would be useless, and which
have been attached or affixed permanently to the gas station site or
embedded therein, are taxable improvements and machinery within the
meaning of the Assessment Law and the Real Property Tax Code.
MERALCO vs.
CBAA,
May
31,
1982
While the two storage tanks are not embedded in the land, they may,
nevertheless, be considered as improvements on the land, enhancing its
utility and rendering it useful to the oil industry. It is undeniable that the
two tanks have been installed with some deG.R.ee of permanence as
receptacles for the considerable quantities of oil needed by Meralco for its
operations.
Rights as property
MBTC v. Alejo, 364 SCRA 812, 819 (2001)
A real estate mortgage is a real right and a real property by itself.
64
Jura Regalia simply means that the State is the original proprietor of all
lands and, as such, is the general source of all private titles. Thus,
pursuant to this principle, all claims of private title to land, save those
acquired from native title, must be traced from some grant, whether
express or implied, from the State. Absent a clear showing that land had
been let into private ownership through the States imprimatur, such
land is presumed to belong to the State
Public ownership vs State Ownership
Public Service vs Public Use
Villarico v. Sarmiento, 442 SCRA 110, 115 2004
Public use means use which is not confined to privileged individuals,
but is open to the indefinite public.
Characteristics of Properties of Public Dominion
Menchavez vs Teves, Jr, 449 SCRA 380
Properties of public dominion may not be alienated but may be subject to
joint venture, or production-sharing agreements with private individuals
or corporations for their exploration, development and utilization.
Dacanay vs Asistio,Jr 208 SCRA 404
Properties of public dominion is outside the commerce of mend and it
cannot be alienated or leased or otherwise be the subject matter of
contracts.
Manila Lodge 761 vs CA, 73 SCRA 162
65
20,
2010
To qualify as foreshore land, it must be shown that the land lies between
the high and low water marks and is alternately wet and dry according to
the flow of the tide. The land's proximity to the waters alone does not
automatically make it a foreshore land.
Binalay v. Manalo, 195 SCRA 374, 384 (1991)
66
The buyer did not acquire private ownership of the bed of the eastern
branch of the Cagayan River even if it was included in the deeds of
absolute sale executed by the sellers since the sellers could not have
validly sold land that constituted property of public dominion.
Hilario vs City of Manila, G.R. No. L-19570, April 27, 1967
The phrase banks of a river is understood to be those lateral strips
orzones of its beds which are washed by the stream only during such
highfloods as do not cause inundations. In other words, the banks refer
to the lateral lines or strips reached by the waters when the river is at
high tide.
Manila International Airport Authority vs. CA, 495 SCRA 591
No one can dispute that properties of public dominion mentioned in
Article 420 of the Civil Code, like roads, canals, rivers, torrents, ports
and bridges constructed by the State, are owned by the State. The term
ports includes seaports and airports. The MIAA Airport Lands and
Buildings constitute a port constructed by the State.
Reclaimed Properties
Republic vs.
Paraaque, G.R. NO. 191109,July 18, 2012
677 SCRA 246
The subject reclaimed lands are still part of the public domain,
owned by the State and, therefore, exempt from payment of real
estate taxes.
Here, the subject lands are reclaimed lands,
specifically portions of the foreshore and offshore areas of Manila
Bay. As such, these lands remain public lands and form part of
the public domain.
67
boundaries thereof. Anent the second requisite, i.e., the claimant's title
over the disputed area, the rule is that a party can claim a right of
ownership only over the parcel of land that was the object of the deed.
Del Rosario v. Roxas
2011
170575,June
8,
In forcible entry, the possession is illegal from the beginning and the only
issue is who has the prior possession de facto. In unlawful detainer,
possession was originally lawful but became unlawful by the expiration
or termination of the right to possess and the issue of rightful possession
is the one decisive, for in such action, the defendant is the party in
actual possession and the plaintiff's cause of action is the termination of
the defendant's right to continue in possession.
Jose v. Alfuerto, G.R. No 169380, Nov. 26, 2012
Acts merely tolerated are "those which by reason of neighborliness or
familiarity, the owner of property allows his neighbor or another person
to do on the property; they are generally those particular services or
benefits which ones property can give to another without material injury
or prejudice to the owner, who permits them out of friendship or
courtesy.
Barrientos v.Rapal, G.R. NO. 169594,July
20,
2011
69
70
General Provision
Accession
Definition
Kinds of Accession
Right of Accession with respect to what is produced by property
Accession Discreta
Kinds of Fruits
Right of Accession with respect to immovable property
Accession Continua
Fundamental rules
Industrial Accession
Building, Planting, and Sowing (BPS)
Rules in BPS in the presence of good faith and bad faith
Concept of Good Faith
Rules governing BPS
Floreza v. Evangelista, 96 SCRA 130
The rule under article 448 of the NCC applies only when the builder,
planter or sower believes he had the right so to build, plant or sow
because he thinks he owns the land or believes himself to have a claim of
title.
71
72
73
Definition
Avulsion vs Alluvion
Rules Governing Avulsion
Change of course of River
Agne v. Director of Lands, 181 SCRA 793, 805 (1990)
There need be no act on their part to subject the old river bed to their
ownership, as it is subject thereto ipso jure from the moment the mode of
acquisition becomes evident, without need of any formal act of
acquisition. Such abandoned riverbed had fallen to the private ownership
of the owner of the land through which the new river bed passes even
without any formal act of his will and any unauthorized occupant thereof
will be considered as a trespasser.
Formation of Island
Right of Accession with respect to Movable Property
Adjunction or Conjunction
Rules governing Adjunction or Conjunction
Presence and absence of badfaith
Commixtion or Confusion
Specification
74
21,
2012
The issues in a case for quieting of title are fairly simple; the plaintiff
need to prove only two things, namely: "(1) the plaintiff or complainant
has a legal or an equitable title to or interest in the real property subject
of the action; and (2) that the deed, claim, encumbrance or proceeding
claimed to be casting a cloud on his title must be shown to be in fact
invalid or inoperative despite its prima facie appearance of validity or
legal efficacy. Stated differently, the plaintiff must show that he has a
legal or at least an equitable title over the real property in dispute, and
that some deed or proceeding beclouds its validity or efficacy."
Bahais v.
11,
2012
Under Articles 476 and 477 of the Civil Code, the two (2) indispensable
requisites in an action to quiet title are: (1) that the plaintiff or
complainant has a legal or an equitable title to or interest in the real
property subject of the action; and (2) that a deed, claim, encumbrance
or proceeding is claimed to be casting cloud on his title.
In this case, an action to quiet title is not the proper remedy because
petitioner no longer had any legal or equitable title to or interest in the
lots. The petitioners status as possessor and owner of the lots had been
settled in the final and executory December 4, 1985 decision of the
Bureau of Lands that the DENR Secretary and the OP affirmed on
appeal. Thus, the petitioner is not entitled to the possession and
ownership of the lots.
75
An action for quieting of title may not be brought for the purpose of
settling a boundary dispute.
76
Extinguishment of Co-ownership
Sanchez v. Court of Appeals, 404 SCRA 541, 548, June 20, 2003
Co-ownership is a form of trust and every co-owner is a trustee for the
others, hence, the relationship of such co-owner to the other co-owners
is fiduciary in character and attribute.
Pangan v. Court of Appeals, 166 SCRA 375, 382, Oct. 17, 1988
If the co-owner actually holding the property asserts exclusive dominion
over it against the other co-owners, the corollary of the rule is that he
can acquire sole title to it after the lapse of the prescribed prescriptive
period.
Heirs of Flores Restar v. Heirs of Dolores R. Cichon 475 SCRA 731,
Nov. 22, 2005
While the action to demand partition of a co-owned property does not
prescribe, a co-owner may acquire ownership thereof by prescription
where there exists a clear repudiation of the co-ownership, and the coowners are apprised of the claim of adverse and exclusive ownership.
Delima v. Court of Appeals, 201 SCRA 641, Sept. 24, 1991
From the moment one of the co-owners claims that he is the absolute
and exclusive owner of the properties and denies the others any share
77
Mar.
21,
2011
The first phase of a partition and,or accounting suit is taken up with the
determination of whether or not a co-ownership in fact exists, and a
partition is proper (i.e., not otherwise legally proscribed) and may be
made by voluntary aG.R.eement of all the parties interested in the
property. This phase may end with a declaration that plaintiff is not
entitled to have a partition either because a co-ownership does not exist,
or partition is legally prohibited.
Cruz v.
Feb.
12,
2008
Title V Possession
Concept of Possession
78
Elements of Possession
Kinds of Possession
Possession in Good Faith and Bad Faith
PNB v. De Jesus, G.R. NO. 149295, September 23, 2003 - One is
considered in good faith if he is not aware that there exists in his title or
mode of acquisition any flaw which invalidates it.
Parilla v. Pilar, G.R. NO. 167680, Nov. 30, 2006 - One whose interest
is merely that of a holder, such as a mere tenant, agent or usufructuary,
is not qualified to become a possessor builder in good faith.
Abalos v.
Heirs
of
Torio, G.R. NO. 175444,
Dec.
14,
2011 - Acts of possessory character executed due to license or by mere
tolerance of the owner are inadequate for purposes of acquisitive
prescription. Possession, to constitute the foundation of a prescriptive
right, must be en concepto de dueo, or, to use the common law
equivalent of the term, that possession should be adverse, if not, such
possessory acts, no matter how long, do not start the running of the
period of prescription.
Chapter 2 Acquisition of Possession
Bunyi v.
Factor, G.R. NO.
SCRA 350
172547,
Jun.
30,
2009 591
175604,
Apr.
10,
2008
79
Chua-Bruce
v.
109595,
Apr.
27,
2000
EDCA Publ.
184 SCRA
V.
Santos, G.R. NO.
614
80298,
Apr.
26,
1990
Actual delivery of the books having been made, Cruz acquired ownership
over the books which he could then validly transfer to the private
respondents. The fact that he had not yet paid for them to EDCA was a
matter between him and EDCA and did not impair the title acquired by
the private respondents to the books.
BPI Family
v.
123498,
Nov.
23,
2007
80
Bad faith does not simply connote bad judgment or negligence; it imports
a dishonest purpose or some moral obliquity and conscious doing of
wrong; it partakes of the nature of fraud. We have held that it is a breach
of a known duty through some motive of interest or ill will.
Title VI Usufruct
Characteristics and Nature
Rights and Obligations of the Parties
Title VII. Easements or Servitude
Different kind of Easement
Restrictive Covenant
Fajardo v. Freedom
easement because its use is in intervals and depends on the act of man.
Because of this character, an easement of a right of way may only be
acquired by virtue of a title.
Quintanilla v.
112331,
May
29,
1996
Unisource
v.
173252,
Jul.
17,
2009
182567,
Jul.
13,
2009
did not at all pose a hazard to the safety of persons and properties, which
would have necessitated immediate and summary abatement.
Gancayco v.
Quezon
11,
2011
The wing walls do not per se immediately and adversely affect the safety
of persons and property. The fact that an ordinance may declare a
structure illegal does not necessarily make that structure a nuisance.
Perez v.
Madrona G.R. NO. 184478,
Mar.
21,
2012 Respondents fence is not a nuisance per se. By its nature, it is not
injurious to the health or comfort of the community. It was built
primarily to secure the property of respondents and prevent intruders
from entering it.
Donation
Nature of Donations
Classification of Donations
Persons who may giver or receive a Donation
Formalities of Donation
Effects and limitation of Donation
83
land until her death, at which time the donee would be able to dispose of
them freely.
Central Philippines University vs. CA, G.R. No. 112127 July 17,
1995
If there was no fulfillment or compliance with the condition, the donation
may now be revoked and all rights which the donee may have acquired under it
shall be deemed lost and extinguished.
Insular
Life
v.
44059,
Oct.
28,
1977
v.
Sept.
30,
2008
126444,
Dec.
4,
1998.
Since no period was imposed by the donor on when must the donee
comply with the condition, the latter remains the owner so long as he
has tried to comply with the condition within a reasonable period. Only
then - when the non-fulfillment of the resolutory condition was brought
to the donor's knowledge - that ownership of the donated property
reverted to the donor as provided in the automatic reversion clause of the
deed of donation.
84
PRESCRIPTION
OBLIGATIONS
I. DEFINITION
MAKATI STOCK EXCHANGE vs. CAMPOS, G.R. NO. 138814, April 16,
2009
Respondent used the terms "right and obligation" in his Petition from
which he concluded that that such Petition sufficiently states a cause of
action. Right and obligation are legal terms with specific legal meaning;
A right is a claim or title to an interest in anything whatsoever that is
enforceable by law, while an obligation is defined in the Civil Code as a
juridical necessity to give, to do or not to do and in the words of Arias
Ramos "An obligation is a juridical relation whereby a person (called the
creditor) may demand from another (called the debtor) the observance of
a determinative conduct (the giving, doing or not doing), and in case of
breach, may demand satisfaction from the assets of the latter."
II. ELEMENTS OF AN OBLIGATION
DEGAOS vs. PEOPLE OF THE PHILIPPINES, G.R. NO. 162826,
October 14, 2013
85
For failure to pay on time the amortization, SSS imposed the 12% penalty
contained in the penal clause of the contract entered into between the
parties.
Inpositive obligations, (to give and to do), the penalty is
demandable when the debtor is in mora; hence, the necessity of demand
by the debtor unless the same is excused.
ASIAN CONSTRUCTION AND DEVELOPMENT CORPORATION vs.
PHILIPPINE COMMERCIAL INTERNATIONAL BANK, G.R. NO. 153827
April 25, 2006
86
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.
IV. CLASSIFICATION OF OBLIGATIONS
AS TO BASIS AND ENFORCEABILITY
1.NATURAL OBLIGATIONS
ANSAY vs. BOARD OF DIRECTORS, G.R. NO. L-13667, April 29, 1960
87
Delfin, the father, was held jointly and severally liable with his minor son
Dante arising from the criminal act committed by the latter. The civil
liability which the law imposes upon the father and, in case of his death
or incapacity, the mother, for any damages that may be caused by the
minor children who live with them, is a necessary consequence of the
parental authority they exercise over them which imposes upon the
parents the "duty of supporting them, keeping them in their company,
educating them in proportion to their means", while, on the other hand,
gives them the "right to correct and punish them in moderation" .
88
Cruz alleged that Tuason had been enriched at the expense of Cruz by
virtue of an agreement made by Cruz and the Deudors in the clearing,
improving, subdividing and selling the large tract of land for the reasons
that said improvements are being used and enjoyed by Tuason. A
presumed quasi-contract cannot emerge as against one party when the
89
B. SOLUTIO INDEBITI
ANDRES vs. MANUFACTURERS HANOVER & TRUST CORPORATION,
G.R. NO. 82670 September 15, 1989
90
The City Treasurer of Manila refused to refund the retail dealer's tax
erroneously paid by the petitioner on it's belief that it was not exempted
from such, on the ground that the tax was voluntarily paid and not
under protest which was a condition sine qua non in order that a legal
basis may arise. Voluntariness is incompatible with mistake being a
case of solutio indebiti, protest is not required as a condition sine qua
non for its application.
4. OBLIGATIONS ARISING FROM DELICT
CINCO vs. CANONOY, G.R. NO. L-33171, May 31, 1979
91
NPC as a result of its inability to maintain the level of water in its dam
brought damages to defendants but asserts that the damages, if any,
were due to the heavy rains and should be regarded as a fortuitous event.
Negligence or imprudence is human factor which makes the whole
occurrence humanized, as it were, and removed from the rules applicable
to acts of God
JIMENEZ vs. CITY OF MANILA, G.R. NO. 71049, May 29, 1987
Petitioner fell into the open drainage holes, causing him physical injuries,
in a public market being managed by Asiatic Integrated Corporation but
such public market is still under the control and supervision of the City
of Manila. As a defense against liability on the basis of a quasi-delict,
one must have exercised the diligence of a good father of a family. (Art.
1173 of the Civil Code).
VI. NATURE AND EFFECTS OF OBLIGATION
A. OBLIGATION TO GIVE A DETERMINATE THING vs A GENERIC
THING
SANCHEZ vs. RIGOS, G.R. NO. L-25494 June 14, 1972
92
93
ART 1170
ARRIETA vs. NARIC, G.R. NO. L-15645, January 31, 1964
It is clear upon the records that the sole and principal reason for the
cancellation of the allocation of rice contracted by the appellee herein in
Burma, was the failure of the letter of credit to be opened by NARIC
within the contemplated period which resulted in the consequent
damage. Every debtor who fails in performance of his obligations due to
fraud, negligence, or delay is bound to indemnify for the losses and
damages caused thereby.
TELEFAST vs. CASTRO, G.R. NO. 73867, February 29, 1988
liquidated; (2) that the debtor delays performance; and (3) that the
creditor requires the performance judicially or extrajudicially.
2. MORA ACCIPIENDI
Cortes admission agreed that the Corporations full payment of the sum
would depend upon his delivery of the TCTs of the three lots.
Considering that their obligation was reciprocal, performance thereof
must be simultaneous and the mutual inaction of Cortes and the
Corporation therefore gave rise to a compensation morae or default on
the part of both parties because neither has completed their part in their
reciprocal obligation.
Petitioners contend that they have fully complied with their obligation
under the Memorandum of Agreement but due to respondents failure to
increase the capital stock of the corporation to an amount that will
accommodate their undertaking, it had become impossible for them to
95
Sicam exempts himself from liability on the ground that the robbery of
his pawnshop is a fortuitous event which is by definition is an
extraordinary event not foreseeable or avoidable. In order for a fortuitous
event to exempt one from liability, it is necessary that one has committed
no negligence or misconduct that may have occasioned the loss and
robbery per se, just like carnapping, is not a fortuitous event for it does
not foreclose the possibility of negligence on the part of herein
petitioners.
MERALCO vs. RAMOY, G.R. NO. 158911, March 4, 2008
96
99
In view of our finding in the present case that the aG.R.eement between
the parties is a contract to sell, it follows that the appellate court erred
when it decreed that a judicial rescission of said aG.R.eement was
necessary. In a contract to sell, the payment of the purchase price is a
positive suspensive condition and failure to pay the price agreed upon is
not a mere breach, casual or serious, but a situation that prevents the
obligation of the vendor to convey title from acquiring an obligatory force.
CONDITION PRECEDENT
PARKS vs. PROVINCE OF TARLAC, G.R. NO. L-24190, July 13, 1926
100
RESOLUTORY CONDITION
ART 1181
CENTRAL PHILIPPINE UNIVERSITY vs. CA, G.R. NO. 112230. July
17, 1995
Petitioner claimed that respondents are liable for the whole amount of
their debt and the interest thereon, after they defaulted on the monthly
installments, due to acceleration clause therein. Respondents, on the
other hand, countered that the installments were not yet due and
101
demandable, evidenced by the blank space left for the date on which the
installments should have commenced and theorized that fulfillment of
the obligation is dependent on the sole will of the debtor, hence proper
court should first fix a period for payment. The act of leaving blank the
due date of the first installment did not necessarily mean that the
debtors were allowed to pay as and when they could, since the presence
of an acceleration clause and a late payment penalty, showed the
intention of the parties that the installments should be paid at a definite
date, this is an obligation with a period.
LIM vs.PEOPLE OF THE PHILIPPINES, G.R. NO. L-34338 November
21, 1984
Petitioner seeks the reversal of the decision of the lower court which
convicted her of the crime of Estafa when she failed to give the proceeds
of the sale of the tobacco in accordance with their agreement which says
that ''...payment should be given as soon as the tobaccos are sold...'' and
contended that the court should first fix the period. It is clear in the
aG.R.eement, that the obligation was immediately demandable as soon
as the tobacco was disposed of hence, Article 1197 of the New Civil Code,
which provides that the courts may fix the duration of the obligation if it
does not fix a period, does not apply.
ART 1197
ARANETA, INC., vs.PHILIPPINE SUGAR ESTATES, G.R. NO. L-22558
May 31, 1967
Araneta, who was not able to comply with his obligation to create side
streets on the sides of the land which were sold to the PSE due to the
presence of squatters, questions the decision of the lower court ordering
him to comply with his obligation within 2 years from the finality of the
decision. It must be recalled that Article 1197 of the Civil Code involves a
two-step process, the Court must first determine that "the obligation
does not fix a period", or from the nature and the circumstances it can
be inferred that a period was intended, because courts can not fix a
period merely because in its opinion it is or should be reasonable and the
102
complaint not having sought that the court should set a period, but must
set the time that the parties are shown to have intended.
4. OBLIGATIONS WITH A PENAL CLAUSE
SSS vs. MOONWALK DEVELOPMENT & HOUSING CORPORATION,
G.R. NO. 73345, April 7, 1993.
Defendant alleged that the decision of the lower court to pay 25 percent
of the amount of the trucks in addition to the amount of the trucks plus
12 per cent per annum is unconscionable and exceeds the rate fixed by
law. The penalty agreed upon does not include the interest, and which
may be demanded separetely and the penalty is not to be added to the
interest for the determination of whether the interest exceeds the rate
fixed by the law, since said rate was fixed only for the interest.
ROBES-FRANCISCO REALTY & DEVELOPMENT CORPORATION vs.
CFI, G.R. NO. L-41093, October 30, 1978
Petitioners contend that they have fully complied with their obligation
under the Memorandum of Agreement but due to respondents failure to
increase the capital stock of the corporation to an amount that will
accommodate their undertaking, it had become impossible for them to
perform their end of the Agreement. In reciprocal obligations, failure of
the other party to perform the obligation renders the other party to
demand fulfillment of the obligation or asked for the rescission of the
contract, but not simply not performing their part of the Agreement.
AGCAOILI vs. GSIS, G.R. NO. L-30056, August 30, 1988
104
obligations, neither party incurs in delay if the other does not comply or
is not ready to comply in a proper manner with what is incumbent upon
him."
PNB assails the order of dismissal of the lower court dismissing its
complaint against several solidary debtors on the gr.ound that one of the
defendants died during the pendency of the case and therefore the
complaint, being a money claim based on contract, should be prosecuted
in the testate or intestate proceeding for the settlement of the estate of
the deceased. The choice is undoubtedly left to the solidary creditor to
determine against whom he will enforce collection and in case of the
death of one of the solidary debtors, the creditor may, if he so chooses,
proceed against the surviving solidary debtors without necessity of filing
a claim in the estate of the deceased debtors.
JOINT OBLIGATIONS
105
Philtranco Bus has been held solidarily liable with its bus driver, Calang,
when Calang accidentally collided with a jeepney killing a bystander and
two jeepney passengers while other passengers were seriously injured.
Since the cause of action against Calang was based on delict, Philtranco
cannot be held jointly and severally liable with Calang, based on quasidelict under Articles 2176 and 2180 of the Civil Code which pertain to
the vicarious liability of an employer for quasi-delicts that an employee
has committed.
IX. EXTINGUISHMENT OF OBLIGATIONS
MODES OF EXTINGUISHING OBLIGATIONS
SAURA IMPORT and EXPORT CO., INC. vs. DEVELOPMENT BANK OF
THE PHILIPPINES, G.R. NO. L-24968
April 27, 1972
RFC turned down the request of Saura, Inc. for an additional loan which
prompted Saura, Inc. to ask that the mortgage be cancelled, which was
done. The action thus taken by both parties was in the nature mutual
desistance what Manresa terms "mutuo disenso" which is a mode of
106
Apart from the initial installment of P396.12, paid upon the execution of
the contract, the defendant religiously satisfied the monthly installments
accruing thereafter, for a period of almost eight (8) years and although
the principal obligation under the contract was P3,691.20, the total
payments made by the defendant
including stipulated interest,
aggregated P4,134.08.
If the obligation has been substantially performed in good faith, the
obligor may recover as though there had been a strict and complete
fulfillment, less damages suffered by the obligee.
ART 1240
TO WHOM PAYMENT SHOULD BE MADE
SPOUSES MINIAN0 vs. CONCEPCION, G.R. 172825, October 11,
2012
Admittedly, payment of the remaining balance of P200,000.00 was not
made to the creditors themselves, but rather, it was allegedly made to a
107
The promissory note in question provided on its face for payment of the
obligation in Philippine currency, but the aG.R.eement between the
parties originally involved a dollar transaction.
108
Checks representing deposit money do not have legal tender power and
their acceptance in the payment of debts, both public and private, is at
the option of the creditor.
ROMAN CATHOLIC vs. INTERMEDIATE APPELLATE COURT, G.R. NO.
72110. November 16, 1990.
Since a negotiable instrument is only a substitute for money and not
money, the delivery of such an instrument does not, by itself, operate as
payment. A check, whether a managers check or ordinary check, is not
legal tender, and an offer of a check in payment of a debt is not a valid
tender of payment and may be refused receipt by the obligee or creditor.
PAPA vs. VALENCIA, G.R. NO. 105188, January 23, 1998
109
Petitioner received the payment partly in cash and partly in check but
was not able to encash the check, and now questions the said payment
after 10 years. Respondents, on the other hand, want the petitioner to
deliver to them the owners duplicate of the title and the peaceful
possession and enjoyment of the lot in question.
The geneal rule is delivery of a check produces the effect of payment only
when it is cashed, pursuant to Art. 1249 of the Civil Code. The rule does
not apply, however, if
the debtor is prejudiced by the creditors
unreasonable delay in the presentment of the check. Acceptance of a
check implies an undertaking of due diligence in presenting it for
payment, and if he from whom it is received sustains loss by want of
such diligence, it will be held to operate as actual payment of the debt or
obligation for which it was given.
B. CONSIGNATION
ART 1257
SOCO vs. MILITANTE, G.R. NO. L-58961 June 28, 1983
Defendant authorized the Commercial Bank and Trust Company to issue
checks to the plaintiff for the payment of rentals, but the plaintiff refused
to accept them. In view of such refusal, defendant instructed said bank
to make consignation with the Clerk of Court of the City Court, but the
bank did not send notice to Soco that the checks will be deposited in
consignation with the Clerk of Court.
The purpose of the notice, which is essential to the validity of the
consignation, is in order to give the creditor an opportunity to reconsider
his unjustified refusal and to accept payment thereby avoiding
consignation and the subsequent litigation, hence, failure to give such
notice renders the consignation void.
DALTON vs. FG.R. and DEVELOPMENT CORP, G.R. NO. 172577
January 19, 2011
The withdrawal by the creditor of the amounts consigned was subject to
the express reservation of assailing the validity of the consignation. In
such case, the creditor is not deemed to have waived the claims he
110
reserved against his debtor. When the amount consigned does not cover
the entire obligation, the creditor may accept it, reserving his right to the
balance.
ART 1258
SOCO vs. MILITANTE, G.R. NO. L-58961 June 28, 1983
If the creditor to whom tender of payment has been made refuses without
just cause to accept it, the debtor shall be released from responsibility by
consignation which is the act of depositing the thing due with the court
or judicial authorities but it generally requires a prior tender of payment.
ART 1259
SOCO vs. MILITANTE, G.R. NO. L-58961 June 28, 1983
111
113
114
A bank generally has a right of set-off over the deposits therein for the
payment of any withdrawals on the part of a depositor, because fixed,
savings, and current deposits of money in banks and similar institutions
are governed by the provisions concerning simple loan, hence, the
relationship between banks and depositors is that of creditor and debtor.
Legal compensation under Article 1278 of the Civil Code may take place
when all the requisites mentioned in Article 1279 are present.
GAN TION vs. HON. COURT OF APPEALS, G.R. NO. L-22490, May 21,
1969
The award for attorney's fees is made in favor of the litigant, not of his
counsel, hence, it is the litigant, not his counsel, who is the judgment
creditor and who may enforce the judgment by execution, such credit,
therefore, may properly be the subject of legal compensation.
ART 1278
PNB vs VDA. DE ONG ACERO, G.R. NO. L-69255, February 27, 1987
PNB's main thesis is that when it opened a savings account for ISABELA,
it (PNB) became indebted to ISABELA, so that when ISABELA itself
subsequently came to be indebted to it on account of ISABELA's breach
of the terms of the Credit Agreement, ISABELA and PNB became at the
same time creditors and debtors of each other, thus compensation
automatically took place between them, in accordance with Article 1278
of the Civil Code.
Compensation shall take when two persons, in their own right, are
creditors and debtors of each other and that compensation may transpire
by operation of law, as when all the requisites therefor, set out in Article
1279, are present. Nonetheless these legal provisions can not apply if it
has not proven by competent evidence that PNB is a creditor of ISABELA.
FRANCIA vs. IAC, G.R. NO. L-67649 June 28, 1988
115
Francia contends that his tax delinquency has been extinguished by legal
compensation and claims that the government owed him when a portion
of his land was expropriated, hence, his tax obligation had been set-off
by operation of law.
The general rule based on grounds of public policy is well-settled that no
set-off admissible against demands for taxes levied for general or local
governmental purposes because taxes are not in the nature of contracts
between the party and party but grow out of duty to, and are the positive
acts of the government to the making and enforcing of which, the
personal consent of individual taxpayers is not required.
SYCIP vs. HONORABLE COURT OF APPEALS, G.R. NO. L-38711,
January 31, 1985
116
the creditors and debtors are not aware of the compensation" were duly
present.
THE INTERNATIONAL CORPORATE BANK INC. vs. IAC, G.R. NO. L69560 June 30, 1988
Petitioner contended that, after extrajudicially foreclosing the mortgage,
private respondent still owes the former an amount, by way of deficiency.
Petitioner also claimed that it has the right to apply or set off private
respondent's money market claim despite the fact that the validity of the
extrajudicial foreclosure sale and petitioner's claim for deficiency are still
in question.
Article 1279 of the Civil Code requires among others, that in order that
legal compensation shall take place, "the two debts be due" and "they be
liquidated and demandable", because compensation is not proper where
the claim of the person asserting the set-off against the other is not clear
nor liquidated.
MONDRAGON vs. SOLA, JR., G.R. NO. 174882 January 21, 2013
117
118
119
In the present case, the failure of respondents to pay the balance of the
purchase price within ten years from the execution of the Deed did not
amount to a substantial breach. Under Article 1191 of the Civil Code,
the right to rescind an obligation is predicated on the violation of the
reciprocity between parties, brought about by a breach of faith by one of
them however, rescission is allowed only where the breach is substantial
and fundamental to the fulfillment of the obligation.
CARTON
The CA added that even assuming that the agreement was for
respondent to deliver the boxes, respondent would not be liable for
breach of contract as petitioner had not yet demanded from it the
delivery of the boxes. Without a previous demand for the fulfillment of
the obligation, petitioner would not have a cause of action for rescission
against respondent as the latter would not yet be considered in breach of
its contractual obligation, since the right to rescind a contract arises
once the other party defaults in the performance of his obligation.
120
121
Defendants contend (1) that the fulfillment and the rescission of the
obligation in reciprocal ones are alternative remedies, and plaintiff
having chosen fulfillment in the Civil Case, she cannot now seek
rescission; and (2) that even if plaintiff could seek rescission the action to
rescind the obligation has prescribed. The rule that the injured party
can only choose between fulfillment and rescission of the obligation, and
cannot have both, applies when the obligation is possible of fulfillment, if
the fulfillment has become impossible, Article 1191 (3) allows the injured
party to seek rescission even after he has chosen fulfillment.
ART 1234
ANGELES, ET AL vs. CALASANZ, G.R. NO. L-42283, March 18, 1985
122
I. A. DEFINITION
SPOUSES BALILA vs. IAC, G.R. NO. L-68477 October 29, 1987
123
SPOUSES TONGSON
vs. EMERGENCY PAWNSHOP BULA, G.R.
167874.
January 15, 2010
Pending resolution of the case, both parties freely and voluntarily entered
into an agreement for the purpose of finally settling their dispute in this
case. As a contract, a compromise is perfected by mutual consent,
however, a judicial compromise, while immediately binding between the
parties upon its execution, is not executory until it is approved by the
court and reduced to a judgment.
LAGUNZAD vs. VDA. DE GONZALES, G.R. NO. L-32066 August 6,
1979
Petitioner takes the position that he was pressured into signing the
Agreement because of private respondent's demand, for payment for the
"exploitation" of the life story of Moises Padilla, otherwise, she would "call
a press conference declaring the whole picture as a fake, fraud and a
hoax and would denounce the whole thing in the press, radio, television
and that they were going to Court to stop the picture." It is necessary to
distinguish between real duress and the motive which is present when
124
one gives his consent reluctantly because a contract is valid even though
one of the parties entered into it against his own wish and desires, or
even against his better judgment.
The defendants admitted the principal obligation but claimed that the
additional amount constituted usurious interest. Under Article 1354 of
the Civil Code, the agreement of the parties relative to the additional
amount is presumed to exist and is lawful, unless the debtor proves the
contrary. Since no evidentiary hearing had been held, the defendants
therefore had not proven that the obligation was illegal.
C. CONSIDERATION
125
ART. 1354
PENTACAPITAL INVESTMENT CORPORATION vs. MAHINAY, G.R. NO.
171736, July 5, 2010
126
In the absence of a written authority by the owner for the changes in the
plans and specifications of the building and of a written agreement
between the parties on the additional price to be paid to the contractor,
as required by Article 1724, the claim for the cost of additional works
must be denied.
LAO SOK vs. SABAYSABAY, G.R. NO. L-61898 August 9, 1985
Petitioner Lao Sok promised to give his employees their separation pay,
as soon as he receives the insurance proceeds for his burned building,
but contends that the contract was orally made hence unenforceable
since it does not comply with the Statute of Frauds. Contracts in
whatever form they may have been entered into are binding on the
parties unless form is essential for the validity and enforceability of that
particular contract.
ART 1356
GALLARDO vs.HONORABLE INTERMEDIATE APPELLATE COURT,
G.R. NO. L-67742 October 29, 1987
The issue here is whether or not the unnotarized deed of sale can be
considered as a valid instrument for effecting the alienation by way of
sale of a parcel of land registerd under the Torrens System.
The general rule enunciated in said Art. 1356 is that contracts are
obligatory, in whatever form they may have been entered, provided all the
essential requisites for their validity are present, except when the law so
requires requiring a contract to be in some form for validity or
enforceability.
IV. STAGES , PERFECTION
Bugatti v. Court of Appeals, G.R. No. 138113. October 17, 2000
A contract undergoes three distinct stages preparation or negotiation,
its perfection, and finally, its consummation. Negotiation begins from the
127
From the exchange of telegrams between the two parties, there was not
yet a meeting of the minds as to the cause of the contract. The cause of a
contract has been defined "as the essential reason which moves the
contracting parties to enter into it (8 Manresa, 5th Edition, p. 450). In
other words, the cause is the immediate, direct and proximate reason
which justifies the creation of an obligation thru the will of the
contracting parties (3 Castan, 4th Edition, p. 347)." (General Enterprises,
Inc. v. Lianga Bay Logging Co., Inc., 11 SCRA 733, 739). For the private
respondent, the cause of the contract was the repair of its vessel
Zamboanga-J while for the petitioner the cause would be its commitment
to repair the vessel and make it seaworthy. The telegrams dated January
17, January 20, and January 28, 1975 sent by the petitioner to the
private respondent, however, indicate that the former had not accepted
the repair of Zamboanga-J, the reason being that the extent of the repair
to be made necessitated a major expense so that the petitioner insisted
on the presence of the private respondent for evaluation before it
accepted the repair of the wooden vessel. That the petitioner had not yet
consented to the contract is evident when on January 28, 1975, it sent a
telegram stating: "... NO AGREEMENT AS TO THE EX TENT OF REPAIRS
AND PAYMENT WILL UNDOCK VESSEL." The fact that the private
respondent who received this telegram ignored it, confirms that there
was no perfected contract to repair Zamboanga-J.
V. INTERPRETATION OF CONTRACTS
CITIZENS SURETY and INSURANCE COMPANY, INC., vs.
COURT OF APPEALS, G.R. NO. L-48958 June 28, 1988
It is a basic and fundamental rule in the interpretation of contract that if
the terms thereof are clear and leave no doubt as to the intention of the
contracting parties, then the literal meaning of the stipulations shall
control but when the words appear contrary to the evident intention of
the parties, the latter shall prevail over the former and in order to judge
the intention of the parties, their contemporaneous and subsequent acts
shall be principally considered.
ART 1375 , 1377
LIM YHI LUYA vs. COURT OF APPEALS, G.R. NO. L-40258 September
11, 1980
129
TIU vs. PLATINUM PLANS PHIL., INC., G.R. NO. 163512 February 28,
2007
ART 1410
TONGOY vs. THE HONORABLE COURT OF APPEALS, G.R. NO. L45645 June 28, 1983
The issue in this case is whether or not the rights of herein respondents
over subject properties, which were the subjects of simulated or fictitious
transactions, have already prescribed. A void or inexistent contract is one
which has no force and effect from the very beginning, as if it had never
been entered into, and which cannot be validated either by time or by
ratification.
LITA ENTERPRISES, INC.,vs. IAC, G.R. NO. L-64693 April 27, 1984
Unquestionably, the parties herein operated under an arrangement,
commonly known as the "kabit system", whereby a person who has been
granted a certificate of convenience allows another person who owns
motors vehicles to operate under such franchise for a fee, and the
petitioner prays that private respondents be declared liable to petitioner
for whatever amount the latter has paid. It is a fundamental principle of
in pari delicto that the court will not aid either party to enforce an illegal
contract, but will leave them both where it finds them.
ARSENAL vs. IAC, G.R. NO. L-66696 July 14, 1986
131
Petitioner questions the validity of the sale between the respondent and
Suralta but the lower court held that the benefit of said prohibition in
the Public Land Act against the disposal of any land granted to a citizen
under that law does not inure to any third party. The right to set up the
nullity of a void or non-existent contract is not limited to the parties as in
the case of annulable or voidable contracts. The right to set up the
nullity of a void or non-existent contract is extended to third persons who
are directly affected by the contract.
MANOTOK REALTY, INC., vs. THE HON. COURT OF APPEALS, G.R.
NO. L-45038 April 30, 1987
Don Legarda sold the paraphernal property of Dona Clara to the
respondent. It was sold three months after he was appointed as
administrator of the estate of Dona Clara Tambunting. The sale between
Don Vicente Legarda and the private respondent is void ab initio, the
former being neither an owner nor administrator of the subject property,
and the sale cannot be the subject of the ratification by the probate
court.
PHILIPPINE BANKING CORPORATION vs. LUI SHE, G.R. NO. L17587, September 12, 1967
132
The illicit purpose becomes the illegal causa rendering the contracts
void.
TEJA MARKETING vs. IAC, G.R. NO. L-65510 March 9, 1987
The vendor Eligio, Sr. entered into an agreement with petitioner, but that
the formers capacity to consent was vitiated by senile dementia. Insane
or demented persons cannot give consent to a contract, but if an insane
or demented person does enter into a contract, the legal effect is that the
contract is voidable or annullable.
CORONEL vs. CONSTANTINO, G.R. NO. 121069, February 7, 2003
Applying Articles 1317 and 1403 of the Civil Code, the Court of Appeals
ruled that through their inaction and silence, the three sons of Emilia
are considered to have ratified the aforesaid sale of the subject property
by their mother.
Ratification means that one under no disability
voluntarily adopts and gives sanction to some unauthorized act or
defective proceeding, which without his sanction would not be binding on
him , hence, an alleged silence and inaction may not be interpreted as an
act of ratification on their part.
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C. UNENFORCEABLE CONTRACTS
YUVIENCO vs. DACUYCUY, G.R. NO. L-55048 May 27, 1981
In the case at bar, it is undisputed that Atty. Adolfo Amor was entrusted,
as receiver, with the administration of BISTRANCO and it business, but
the act of entering into a contract is one which requires the authorization
of the court which appointed him receiver. The questioned contracts can
rightfully be classified as unenforceable for having been entered into by
one who had acted beyond his powers, due to Receiver Amor's failure to
secure the court's approval of said Contracts.
STATUTE OF FRAUDS
AINZA vs. SPOUSES PADUA, G.R. NO. 165420, June 30, 2005
only to an executory agreement, thus, where one party has performed his
obligation, oral evidence will be admitted to prove the agreement.
ORDUA vs. FUENTEBELLA, G.R. NO. 176841, June 29, 2010
Gabriel Sr., during his lifetime, sold the subject property to Antonita, the
purchase price payable on installment basis, thus, Gabriel Sr. appeared
to have been a recipient of some partial payments but after his death, his
son questions the verbal sale contract between Gabriel Sr. and Antonita,
and alleged that the contract is unenforceable for non-compliance with
the Statute of Frauds. The Statute of Frauds, in context, provides that a
contract for the sale of real property or of an interest therein shall be
unenforceable unless the sale or some note or memorandum thereof is in
writing and subscribed by the party or his agent. Where the verbal
contract of sale, however, has been partially executed through the partial
payments made by one party duly received by the vendor, as in the
present case, the contract is taken out of the scope of the Statute.
HERNANDEZ vs. COURT OF APPEALS, G.R. NO. L-41132 April 27,
1988
Both courts were of the view essentially that the evidence did not bear
out the claim of fraud; that under the Statute of Frauds, the parties'
covenant as to their properties' metes and bounds was unenforceable
since it was not reduced to writing. Not every agreement "affecting land"
must be put in writing to attain enforceability, under the Statute of
Frauds, Article 1403(2) (e) of the Civil Code, such formality is only
required of contracts involving leases for longer than one year, or for the
sale of real property or of an interest therein.
D. RESCISSIBLE CONTRACTS
CABALIW vs. SADORRA, G.R. NO. L-25650 June 11, 1975
135
against him in and without paying any part of that judgment, Sadorra
sold the only two parcels of land belonging to the conjugal partnership to
his son-in-law. Contracts by virtue of which the debtor alienates
property by gratuitous title or alienations by onerous title when made by
persons against whom some judgment has been rendered in any instance
or some writ of attachment has been issued, are presumed to be made in
fraud of creditors, and the decision or attachment need not refer to the
property alienated and need not have been obtained by the party seeking
rescission.
AIR FRANCE vs. HONORABLE COURT OF APPEALS, G.R. NO. 104234
June 30, 1995
It is admitted by both parties that the phrase "they shall not sell to
others these three lots but only to the seller Vicente Santiago or to his
heirs or successors" is an express prohibition against the sale of the lots
described in the "Compraventa" to third persons or strangers to the
contract. Parties may establish such stipulations, clauses, terms and
conditions as they may deem convenient, provided they are not contrary
to law, morals, good customs, public order, or public policy.
137
ART 1159
OCCENA vs. HON. JABSON, G.R. NO. L-44349, October 29, 1976
Respondent's complaint seeks that the court "render judgment modifying
the terms and Conditions of the Contract by fixing the proper shares that
should pertain to the herein parties out of the gross proceeds from the
sales of subdivided lots of subject subdivision", citing ART 1267 of the
New Civil Code. The cited article does not grant the courts this authority
to remake, modify or revise the contract between the parties as
contractually stipulated with the force of law between the parties, so as
to substitute its own terms for those covenanted by the parties
themselves.
CABAHUG vs NAPOCOR, G.R. NO. 186069, January 30, 2013
The spouses Rocamora posit that their loan would not have bloated to
more than double the original amount if PNB had not increased the
interest rates and had it immediately foreclosed the mortgages. Any
increase in the rate of interest made pursuant to an escalation clause
139
must not be left solely to the will of one of the parties, but must be the
result of a mutual agreement between the parties, hence, a de-escalation
clause that would authorize a reduction in the interest rates
corresponding to downward changes made by law or by the Monetary
Board must be included, otherwise, the change carries no binding effect.
4. RELATIVITY , PRIVITY OF CONTRACTS
DKC HOLDINGS CORPORATION vs. COURT OF APPEALS, G.R. NO.
118248
April 5, 2000
Being an heir there is privity of interest between the heir and the
deceased, hence, heirs are bound by contracts entered into by their
predecessors-in-interest except when the rights and obligations arising
therefrom are not transmissible by (1) their nature, (2) stipulation or (3)
provision of law.
METROPOLITAN BANK vs. REYNADO, G.R. NO. 164538, August 9,
2010
140
There was no express contract between the parties for the payment of
attorney's fees, but the respondent rendered legal services to petitioner.
The payment of attorney's fees to respondent may be justified by virtue of
the innominate contract of facio ut des (I do and you give which is based
on the principle that "no one shall unjustly enrich himself at the expense
of another" and under Article 1307 such contracts shall be regulated by
the stipulations of the parties, by the general provisions or principles of
obligations and contracts, by the rules governing the most analogous
nominate contracts, and by the customs of the people.
B. DIVISIBLE CONTRACTS
BRIONES vs. CAMMAYO, ET AL., G.R. NO. L-23559, October 4, 1971
141
It is the position of the petitioner that because Lee See Guat was illiterate
and spoke only Chinese, she could not be held guilty of concealment of
her health history because the applications for insurance were in English
and the insurer has not proved that the terms thereof had been fully
explained to her. The obligation to show that the terms of the contract
had been fully explained to the party who is unable to read or
understand the language of the contract, when fraud or mistake is
alleged, devolves on the party seeking to enforce it.
BUENAVENTURA ANGELES, ET AL. vs. URSULA TORRES CALASANZ,
ET AL., G.R. NO. L-42283
March 18, 1985
The plaintiffs-appellees, eager to acquire a lot upon which they could
build a home, affixed their signatures and assented to the terms and
conditions of the contract and they had no opportunity to question nor
change any of the terms of the agreement since it was offered to them on
142
IX.
BONIFACIO BROS., INC., ET AL., vs. MORA, ET AL., G.R. NO. L20853
May 29, 1967
The appellants seek to recover the insurance proceeds, relying upon the
insurance contract executed by and between the State Bonding &
Insurance Company, Inc. and Mora. Contracts take effect only between
the parties thereto, except where the contract contains some
stipulations, known as stipulations por atrui, in favor of a third person,
who is allowed to avail himself of a benefit granted to him by the terms of
the contract, provided that the contracting parties have clearly and
deliberately conferred a favor upon such person, however such third
person not a party to the contract has no action zagainst the parties
thereto, and cannot generally demand the enforcement of the same, if he
did not communicate his acceptance thereto to the obligor before the
revocation.
FLORENTINO vs. ENCARNACION, SR., G.R. NO. L-27696 September
30, 1977
To constitute a valid stipulation pour autrui it must be the purpose and
intent of the stipulating parties to benefit the third. It is not sufficient
that the third person may be incidentally benefited by the stipulation.
G.R. NO. 120554 September 21, 1999
SO PING BUN vs. COURT OF APPEALS
Petitioner prevailed upon DCCSI to lease the warehouse to his enterprise
at the expense of respondent corporation. Although petitioner took
interest in the property of respondent corporation and benefited from it,
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