Beruflich Dokumente
Kultur Dokumente
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
1
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.
472
180705, Nov.
27,2012
686 SCRA
Whether or not, an alien, who is qualified to adopt at the time of filing the
petition, can be disqualified by the new provisions of the family code. 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. Vested rights include not only legal or equitable
title to the enforcement of a demand, but also an exemption from new
obligations created after the right has vested.
Atienza vs. Brillantes, AM MTJ 92-706, Mar. 29,1995 243 SCRA 32
Article 40 is applicable to remarriages entered into after the effectivity of
the Family Code on August 3, 1988 regardless of the date of the first
marriage. The fact that procedural statutes may somehow affect the
litigants' rights may not preclude their retroactive application to pending
actions.
Ty v. Cam G.R. NO. 127406, Nov. 27, 2000
The two marriages involved in this case was entered during the effectivity of
the New Civil Code. The Family Code has retroactive effect unless there be
impairment of vested rights.
Compare the case of TY vs CA and Atienza vs Brillantes
Systems Factors Corp vs NLRC, 346 SCRA 149 (2000)
The retroactive application of procedural laws is not violative of any right
of a person who may feel that he is adversely affected. The reason is that
as a general rule, no vested right may attach nor arise from procedural
laws.
Agujetas vs CA, 261 SCRA 17 (1996)
Implied repeals are not to be favored because they rest only on the
presumption that because the old and the new laws are incompatible
with each other, there is an intention to repeal the old. There must be a
plain, unavoidable and irreconcilable repugnancy between the two.
Laguna Lake Development Authority vs CA, 251 SCRA 42 (1995)
When there is a conflict between a general law and a special statute, the
special statute should prevail since it evinces the legislative intent more
clearly than the general statute. The special law is to be taken as an
exception to the general law in the absence of special circumstances
forcing a contrary conclusion.
De Agbayani vs PNB, 38 SCRA 429
3
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
when a prior ruling of this Court is overruled, and a different view is
adopted, that the new doctrine may have to be applied prospectively in
favor of parties who have relied on the old doctrine and have acted in
good faith, in accordance therewith under the familiar rule of "lex
prospicit, non respicit
Floresca vs Philex Mining Corp.,G.R. 30642, April 30, 1985
The application or interpretation placed by the Supreme Court upon a
law is part of the law as of the date of its enactment since the courts
application or interpretation merely establishes the contemporaneous
legislative intent that the construed law purports to carry into effect.
Mendiola vs CA, 258 SCRA 492
Equity, which has been described as justice outside legality is applied
only in the absence of, and never against statutory law or judicial rules of
procedure.
Articles 15, 16, 17, 50, 51 (New Civil Code); Article 26, Family Code
Van Dorn vs. Romillo G.R. NO.L-68470 October
139
8,
1985
139 SCRA
80116 June
30,
1989
174 SCRA
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
Marriage
Definition, Marriage as contract and social institution, Presumption of
Marriage, Proof of Marriage,Offer of Marriage
10
167746
, Aug.
28,2007
531 SCRA
11
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.
13
186571, Aug.
11,
2010
628 SCRA
the law and the submission of the decree by themselves do not ipso facto
authorize the decrees registration.
Classification
of
Marriages,
NCC;FC;AM 02-11-10 SC
Relationships.
Parties
In
Interest;
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
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.
15
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
Psychological Incapacity -Definition
Salita vs Hon. Magtolis ,June 13, 1994
The Committee did not give any examples of psychological incapacity for
fear that the giving of examples would limit the applicability of the
provision under the principle of ejusdem generis. Rather, the Committee
would like the judge to interpret the provision on a case-to-case basis,
guided by experience, the findings of experts and researchers in
psychological disciplines, and by decisions of church tribunals which,
although not binding on the civil courts, may be given persuasive effect
since the provision was taken from Canon Law.
Characteristics of Psychological Incapacity
16
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
17
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.
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
18
Republic v. Encelan, G.R. NO. 170022 , Jan. 9, 2013 688 SCRA 215
In any event, sexual infidelity and abandonment of the conjugal dwelling,
even if true, do not necessarily constitute psychological incapacity; these
are simply grounds for legal separation. To constitute psychological
incapacity, it must be shown that the unfaithfulness and abandonment
are manifestations of a disordered personality that completely prevented
the erring spouse from discharging the essential marital obligations.
Evidentiary requirement
Marcos vs Marcos, 343 SCRA 755 (2000)
If the totality of evidence presented is enough to sustain a finding of
psychological incapacity, then actual medical examination of the person
concerned need not be resorted to.
Award of Moral Damages
Buenaventura vs CA, 454 SCRA 261 (2005)
By declaring the petitioner as psychologically incapacitated, the
possibility of awarding moral damages on the same set of facts was
negated.
The award of moral damages should be predicated, not on the mere act of
entering into the marriage, but on specific evidence that it was done
deliberately and with malice by a party who had knowledge of his or her
disability and yet willfully concealed the same.
Prescription
Nial v. Bayadog G.R. NO. 133778=, Mar. 14, 2000 328 SCRA 122
The action or defense for nullity is imprescriptible, unlike voidable
marriages where the action prescribes. Only the parties to a voidable
marriage can assail it but any proper interested party may attack a void
marriage.
Declaration of Nullity; Art.40; Prejudicial Question- Section 7, Rule 117,
2000 Rules of Criminal Procedure; Arts.35 (4) & 41, FC; Art.349 RPC; Civil
& Criminal Bigamy; Art. 83, NCC
Judicial Declaration of nullity of marriages
Ablaza v. Republic, G.R. NO. 158298 , Aug. 11, 2010 628 SCRA 27
20
21
22
23
When the trial court issued its order dated November 8, 2006, it held
that although the Decision dated October 10, 2005 has become final and
executory, it may still consider the Motion for Clarification because the
petitioner simply wanted to clarify the meaning of "net profit earned."
Title III. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND & WIFE (Arts
68-73)
Ilusorio v. Bildner, G.R. NO. 139789 , May 12, 200 332 SCRA 169
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; Pre-nuptial Agreement;
(Articles 74-81, FC; Art. 119, NCC)
Concept
Property regime by default
Marriage settlement
Parties to Marriage settlement
Laws governing Property Relations
CHAPTER
87)
2. DONATIONS BY REASON OF
MARRIAGE
(Articles
82-
27
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
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
marriage, the inescapable conclusion is that the donation made by
Francisco in favor of Cirila is void under Art. 87 of the Family Code.
28
Community
Assets
&
Sec. 3, Rule 87
Rules governing ACP
Commencement of the ACP
Prohibition on waiver of Rights, Interest, Shares and Effects
Abalos vs Macatangay Jr., 439 SCRA 649, 662-663 (2004).
Prior to the liquidation of the conjugal partnership, the interest of each
spouse in the conjugal assets is inchoate, a mere expectancy, which
constitutes neither a legal nor an equitable estate, and does not ripen
into title until it appears that there are assets in the community as a
result of the liquidation and settlement. The interest of each spouse is
limited to the net remainder or remanente liquido (haber ganancial)
resulting from the liquidation of the affairs of the partnership after its
dissolution.
CHAPTER 3. SYSTEM OF ABSOLUTE COMMUNITY (Articles 88-104);
R.A. 8369
Section 1. General Provisions (Articles 88-90)
Section 2. What constitutes Community Property (Articles 91-93)
Section 3. Charges Upon & Obligations of the Absolute Community
(Articles 94-95)
29
Community
Assets
&
Sec. 3, Rule 87
Concept
Homeowners Savings & Loan Bank vs. Dailo, 453 SCRA 283, 290
(2005)
The regime of conjugal partnership of gains is a special type of
partnership, where the husband and wife place in a common fund the
proceeds, products, fruits and income from their separate properties and
those acquired by either or both spouses through their efforts or by
chance.
Rules governing CPG
Commencement of CPG
Prohibition on waiver of Rights, Interest, Shares and Effects
Quiao vs. Quiao G.R. NO. 176556 , July 4, 2012 675 SCRA 642
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
30
31
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
32
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
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.
This is one instance where the wifes consent is not required and,
impliedly, no judicial intervention is necessary.
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.
160708, Oct.
16,
2009
604
SCRA
149801, Jun.
26,
2008
555 SCRA
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 126128)
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
such declaration continues to subsist as conjugal properties until and
after the liquidation and partition of the partnership.
Dio v. Dio, G.R. NO. 178044, Jan. 19, 2011 640 SCRA 178
The trial court erred in ordering that a decree of absolute nullity of
marriage shall be issued only after liquidation, partition and distribution
of the parties properties under Article 147 of the Family Code. The ruling
35
has no basis because Section 19(1) of the Rule does not apply to cases
governed under Articles 147 and 148 of the Family Code.
Espinosa v. Omaa, AC. 9081, Oct 12, 2011 659 SCRA 1
Extrajudicial dissolution of the conjugal partnership without judicial
approval is void. The Court has also ruled that a notary public should
not facilitate the disintegration of a marriage and the family by
encouraging the separation of the spouses and extrajudicially dissolving
the conjugal partnership, which is exactly what Omaa did in this case.
The "Kasunduan Ng Paghihiwalay" has no legal effect and is against
public policy.
Section 7. Liquidation of the Conjugal Partnership Assets &
Liabilities (Articles 129-133);
Agtarap v. Agtarap, G.R. NO. 177099, Jun. 8, 2011 651 SCRA 455
We hold that the general rule does not apply to the instant case
considering that the parties are all heirs of Joaquin and that no rights of
third parties will be impaired by the resolution of the ownership issue.
More importantly, the determination of whether the subject properties are
conjugal is but collateral to the probate courts jurisdiction to settle the
estate of Joaquin.
CHAPTER
5.SEPARATION
OF
PROP.
OF
ADMINISTRATION
OF
COMMON
PROPERTY
DURING THE MARRIAGE (Arts 134-142)
THE
SPOUSES
&
BY
ONE
SPOUSE
36
are the rules on co-ownership. In Valdes, the Court ruled that the
property relations of parties in a void marriage during the period of
cohabitation is governed either by Article 147 or Article 148 of the Family
Code. The rules on co-ownership apply and the properties of the spouses
should be liquidated in accordance with the Civil Code provisions on
coownership. Under Article 496 of the Civil Code, partition may be made by
aG.R.eement between the parties or by judicial proceedings. It is not
necessary to liquidate the properties of the spouses in the same
proceeding for declaration of nullity of marriage.
Lacbayan v. Samoy, G.R. NO. 165427, Mar. 21, 2011 645 SCRA 677
A careful perusal of the contents of the so-called Partition AG.R.eement
indicates that the document involves matters which necessitate prior
settlement of questions of law, basic of which is a determination as to
whether the parties have the right to freely divide among themselves the
subject properties. Moreover, to follow petitioners argument would be to
allow respondent not only to admit against his own interest but that of his
legal spouse as well, who may also be lawfully entitled co-ownership over
the said properties.
Cario v. Cario, G.R. NO. 132529, Feb. 02, 2001 351 SCRA 127
As to the property regime of petitioner Susan Nicdao and the deceased,
Article 147 of the Family Code governs. This article applies to unions of
parties who are legally capacitated and not barred by any impediment to
contract marriage, but whose marriage is nonetheless void for other
reasons, like the absence of a marriage license
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
38
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
40
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.
41
138961, Mar.
07,
2002
378 SCRA
146737
, Dec.
10,
2001
371 SCRA
Heirs of Cabais vs. CA, G.R. NO. 106314-15,Oct. 08, 1999 316 SCRA
338
A baptismal certificate, a private document, which, being hearsay, is not a
conclusive proof of filiation.
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.
43
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
been entered, common reputation respecting his pediG.R.ee, admission by
silence, the testimonies of witnesses, and other kinds of proof
admissible under Rule 130 of the Rules of Court." In this case, the
respondent established a prima facie case that the petitioner is the
putative father of Gliffze through testimony that she had been sexually
involved only with one man, the petitioner, at the time of her conception.
Rodulfo corroborated her testimony that the petitioner and the
respondent had intimate relationship.
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.
44
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.
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.
See RA 9858
Legitimation
Concept and Definition
Who can be Legitimated
Procedure and effects of Legitimation
Abadilla vs. Tabiliran, Jr. A.M NO. MTJ-92-716, Oct. 25, 1995 249 SCRA
447
Whether or not, a child born out of wedlock, by parents who have a legal
impediment to marry each other, can be legitimated. As a lawyer and a
judge, respondent ought to know that, despite his subsequent marriage
to Priscilla, these three children cannot be legitimated nor in any way be
considered legitimate since at the time they were born, there was an
existing valid marriage between respondent and his first wife, Teresita B.
Tabiliran.
TITLE VII. ADOPTION
Domestic Adoption Act of 1988 (RA 8552) as
amended by RA 9523 (March 2009)
A.M. NO. 02-6-02-SC - Re: Proposed Rule on Domestic Adoption Inter
country Adoption Act of 1995 (RA 8043)
Amended IRR on Inter-Country Adoption (January 8, 2004)
Definition and concept of Adoption
Domestic Adoption and Inter country Adoption Law
governing Domestic Adoption
Who are qualified to adopt and to be adopted
Effects of Adoption
Rescission of Adoption
Procedure under ICA and DAA
Republic vs. Vergara, G.R. NO. 95551, Mar. 20, 1997 270 SCRA 206
The law here does not provide for an alien who is married to a former
Filipino citizen seeking to adopt jointly with his or her spouse a relative
46
Republic vs. Miller, G.R. NO.125932, Apr. 21, 1999 306 5CRA 183
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
47
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
R.A. NO. 8552 has unqualifiedly withdrawn from an adopter a
consequential right to rescind the adoption decree even in cases where
the adoption might clearly turn out to be undesirable.
TITLE VIII. SUPPORT
Concept of Support
G.R.ounds for Action for Support
Right to support
Order of liability for support
Contractual support vs Legal Support
Mangonon v. CA, G.R. NO. 125041 , June.30, 2006 494 SCRA 1
The grandparents are liable to support their grandchildren if the parent
cannot give support or sufficient support.
Lim v. Lim, G.R. NO. 163209, Oct. 30, 2009 604 SCRA 691
The inability of the parents to sufficiently provide for their children shifts a
portion of their obligation to the ascendants in the nearest degree, both in
the paternal (petitioners) and maternal lines, following the ordering in
Article 199.
Gan vs. Reyes, G.R. NO.145527, May.28, 2002 382 SCRA 357
A judgment ordering for support is immediately executory despite
pendency of appeal.
De Asis vs. CA, G.R. NO.127578, Feb. 15, 1999 303 SCRA 176
Whether or not, a renunciation of the existence of filiation of the child
and the putative father, made by the mother, is valid. It is true that in
order to claim support, filiation and,or paternity must first be shown
between the claimant and the parent, however, 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.
Concept
Effects of Parental Authority
Santos Sr. v. CA, G.R. NO. 113054, Mar. 16, 1995 242 SCRA 407
When a parent entrusts the custody of a minor to another, such as a
friend or godfather, even in a document, what is given is merely
temporary custody and it does not constitute a renunciation of parental
authority. Even if a definite renunciation is manifest, the law still
disallows the same.
Parents who exercises Parental Authority
Joint Parental Authority
Rule in case of Separation of Parents
Perez v. CA, G.R. NO. 118870, Mar. 29, 1996 255 SCRA 661
Only the most compelling of reasons shall justify the court's awarding
the custody of such a child to someone other than his mother, such as
her unfitness to exercise sole parental authority. In the past the following
grounds have been considered ample justification to deprive a mother of
custody and parental authority: neglect, abandonment, unemployment
and immorality, habitual drunkenness, drug addiction, maltreatment of
the child, insanity and being sick with a communicable disease.
Laxamana v. Laxamana, G.R. NO. 144763, Sept. 3, 2002 388 SCRA
296
It is clear that every child [has] rights which are not and should not be
dependent solely on the wishes, much less the whims and caprices, of
his parents. His welfare should not be subject to the parents' say-so or
mutual agreement alone. Where, as in this case, the parents are already
separated in fact, the courts must step in to determine in whose custody
the child can better be assured the rights granted to him by law. The
need, therefore, to present evidence regarding this matter, becomes
imperative.
Beckett v. Sarmiento, Jr. AM NO. RTJ-12-2326, Jan. 30, 2013 689 SCRA
494
In a very real sense, then, a judgment involving the custody of a minor
child cannot be accorded the force and effect of res judicata. Now to
another point. In disputes concerning post-separation custody over a
minor, the well-settled rule is that no child under seven (7) years of age
49
shall be separated from the mother, unless the court finds compelling
reasons to order otherwise.
CHAPTER 2. SUBSTITUTE & SPECIAL PARENTAL AUTHORITY (Arts 216219)
Parental Preference Rule
Concept
Who may exercise Substitute Parental Authority
Liability of persons exercising special Parental Authority
St. Marys Academy v. Carpitanos, G.R. NO. 143363, Feb. 6, 2002 376
SCRA 473
The liability for the accident, whether caused by the negligence of the
minor driver or mechanical detachment of the steering wheel guide of the
jeep, must be pinned on the minors parents primarily. The negligence of
petitioner St. Marys Academy was only a remote cause of the accident.
CHAPTER
3. EFFECT OF PARENTAL AUTHORITY UPON THE
PERSONS OF THE CHILDREN
Right to Childs Custody
Sagala-Eslao vs. CA, 266 SCRA 317, 323 (1997).
It is a rule long accepted by the courts that the right of parents to the
custody of their minor children is one of the natural rights incident to
parenthood, a right supported by law and sound public policy.
Cang vs. CA, 296 SCRA 128 (1998).
Parental authority cannot be entrusted to a person simply because he
could give the child a larger measure of material comfort than his natural
parent.
Duty to Provide Support
Duty of Representation
Obedencio vs. Murillo, A.M. NO. RTJ-03-1753. Feb. 5, 2004 422 SCRA
21
50
Licel was only 14 years old, definitely a minor, on May 22, 2001, when she
was presented before respondents sala to affirm the execution of her
affidavit of desistance. This being the case, said affidavit should have
been executed with the concurrence of her parents. Licel could not
validly give consent to an affidavit of desistance, for a minor is
incompetent to execute such an instrument.
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
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 OR TERMINATION OF PARENTAL
AUTHORITY (Arts 228-233)
G.R.ounds for termination and suspension of parental authority
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.
51
Re:
Proposed
Rule
on
Provisional
Orders
SUBJECT
TO
SUMMARY
52
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 in
a summary proceeding for the declaration of presumptive death of an
absent spouse under Article 41 of the Family Code.
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.
Children
to
Use
the
53
176 of the Family Code); IRR of 9255; Passport Law (RA 8239) Title
XIV. ABSENCE (Articles 381-396, NCC);
See Article 41 FC; Rules (Section 4) 73, 74,107, Revised Rules of Court;
Arts.774 & 777; Art. 1456; Arts 22, 2142-2175; Wills & Succession
PROPERTY
Title I. CLASSIFICATION
PRELIMINARY PROVISIONS
OF
PROPERTY
Concept of Property
Classification of Property
Immovable vs Movable Properties
Laurel vs. Abrogar,
G.R. NO.
155076,
Jan.
13,
2009
International telephone calls placed by Bay Super Orient Card holders, the
telecommunication services provided by PLDT and its business of
providing said services are not personal properties under Article 308 of
the Revised Penal Code. The construction by the respondents of Article
308 of the said Code to include, within its coverage, the aforesaid
international telephone calls, telecommunication services and business is
contrary to the letter and intent of the law.
54
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,
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
CBAA,
May
31,
1982
55
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.
Chapter 2 Movable Property
Concept
Kinds of Movable Property
Chapter 3 Property in Relation to the Person to whom it belongs Public
Dominion vs Private Ownership
Classification of Property depending on ownership
Constitutional basis of State Ownership - Jura Regalia
Chavez v. Public Estates Authority, 415 SCRA 403 (2003)
Submerged lands are part of the States inalienable natural resources
and classified as property of public dominion.
Republic v.
144
180027,July
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
56
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)
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.
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,
58
claims that he has a better right to the property must first fix the identity of
the land he is claiming by describing the location, area and 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
NO. 170575,June
8,
v. Roxas
2011
Foundation,
G.R.
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
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.
Mercado v. CA, 162 SCRA 75, 85 1988
To be deemed a builder in good faith, it is essential that a person asserts
title to the land on which he builds, i.e., it is essential that he be a
possessor in concept of owner and that he be unaware that there exists in
his title or mode of acquisition any flaw which invalidates it.
Bulacanag v. Francisco, 122 SCRA 498, 502 (1983)
Article 448 applies only to a case where one builds on land in the belief
that he is the owner thereof and it does not apply where ones only
interest in the land is that of a lessee under a rental contract.
PNB vs De Jesus, 411 SCRA 557
The landowner cannot refuse to exercise either option and compel
instead the owner of the building or improvement to remove it from the
land.
Javier v. Concepcion, Jr 94 SCRA 212 (1979)
62
The right of the owners of the bank adjacent to rivers to the accretion
which they receive by virtue of the action of the waters of the river is ipso
jure and there is no need of an action of the owner of the bank to possess
the new addition since it belongs to him by the very fact of the addition.
Cureg v. IAC, 177 SCRA 313 (1989)
The accretion to registered land does not preclude acquisition of the
additional area by another person through prescription.
Avulsion
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
64
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.
65
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
therein, the question involved is no longer one of partition but of
ownership
Maritegui v. Court of Appeals 205 SCRA 337,
When a co-owner or co-heir registered the properties in his name in
fraud of other co-owners or co-heirs, prescription can only be deemed to
have commenced from the time the latter discovered the formers act of
defraudation.
Lacbayan v.
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.
67
Cruz v.
Feb.
12,
2008
Title V Possession
Concept of Possession
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
68
Bunyi
591
v.
Factor, G.R. NO.
SCRA 350
172547,
Jun.
30,
2009
175604,
Apr.
10,
2008
Chua-Bruce
v.
109595,
Apr.
27,
2000 -
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
69
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
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
70
112331,
May
29,
1996
v.
173252,
Jul.
17,
2009
Registration of the dominant estate under the Torrens system without the
annotation of the voluntary easement in its favor does not extinguish the
easement. On the contrary, it is the registration of the servient estate
as free, that is, without the annotation of the voluntary easement, which
extinguishes the easement.
Title VIII Nuisance
Classification of Nuisance
Remedies
Telmo v.
182567,
Jul.
13,
2009
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.
71
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
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
72
v.
Sept.
30,
2008
Since Article 1306 of said Code authorizes
the
parties
to
a
contract
to
establish such stipulations, . . . not contrary
to law, . . . public order or
public policy, we are of the opinion
that,
at
the
very
least,
that
stipulation of the parties providing for
automatic revocation of the deed
of donation, without prior judicial action
for
that
purpose,
is
valid
subject to the determination of the
propriety of the rescission sought.
Where such propriety is sustained, the
decision
of
the
court
will
be
merely declaratory of the revocation, but it is
not
in
itself
the
revocatory
act.
Quijada vs.
126444,
1998.
Dec.
4,
PRESCRIPTION
OBLIGATIONS
I. DEFINITION
MAKATI STOCK EXCHANGE vs. CAMPOS,
G.R. NO. 138814, April 16, 2009
73
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
October 14, 2013
OF
THE
PHILIPPINES,
G.R.
NO.
162826,
enforced by the creditor but a new contract recognizing and assuming the
prescribed debt with full knowledge of the prescription would be valid and
enforceable and he thereby waives the benefit of prescription.
2. CIVIL OBLIGATIONS
ANSAY vs. NDC, G.R. NO. L-13667, April 29, 1960
Appellants contend that there exists a cause of action in their complaint
because their claim rests on moral grounds or what in brief is defined by
law as a natural obligation. Article 1423 of the New Civil Code classifies
obligations into civil or natural. "Civil obligations are a right of action to
compel their performance. Natural obligations, not being based on
positive law but on equity and natural law, do not grant a right of action to
enforce their performance, but after voluntary fulfillment by the
obligor, they authorize the retention of what has been delivered or
rendered by reason thereof".
V. SOURCES OF OBLIGATIONS
ABS-CBN
23, 2010
COMPANY
OF
NORTH
COMPANY
OF
NORTH
81
84
not take place, the parties would stand as if the conditional obligation
had never existed.
HEIRS OF PAULINO ATIENZA vs. ESPIDOL, G.R. NO. 180665
First, since Espidol failed to pay the installment on a day certain
fixed in their agreement, the Atienzas can afterwards validly cancel and
ignore the contract to sell because their obligation to sell under it did not
arise. Since the suspensive condition did not arise, the parties stood as if
the conditional obligation had never existed.
Second, it was not a pure suspensive condition in the sense that
the Atienzas made no undertaking while the installments were not yet
due. Mr. Justice Edgardo L. Paras gave a fitting example of suspensive
condition: Ill buy your land for P1,000.00 if you pass the last bar
examinations. This he said was suspensive for the bar examinations
results will be awaited.
Meantime the buyer is placed under no
immediate obligation to the person who took the examinations.
Here, however, although the Atienzas had no obligation as yet to
turn over title pending the occurrence of the suspensive condition, it was
implicit that they were under immediate obligation not to sell the land to
another in the meantime. When Espidol failed to pay within the period
provided in their agreement, the Atienzas were relieved of any obligation to
hold the property in reserve for him.
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
Appellant contends that a condition precedent having been imposed in the
donation and the same not having been complied with, the donation never
became effective. The characteristic of a condition precedent is that the
acquisition of the right is not effected while said condition is not complied
with or is not deemed complied with, consequently, when a condition is
imposed, the compliance of which cannot be effected except when the right
is deemed acquired, such condition cannot be a condition precedent but a
condition subsequent.
RESOLUTORY CONDITION
ART 1181
CENTRAL PHILIPPINE UNIVERSITY vs. CA, G.R. NO. 112230. July 17, 1995
Petitioner failed to comply to build a school on the donated land given by
the private respondent, which prompted the private respondent to
rescind the donation. On conditional obligations, the acquisition of rights as
well the extinguishment or loss of those already acquired shall depend upon
the happening of the event which constitutes the condition, thus, when a
person donates land to another on the condition that the latter would
build upon the land a school is such a resolutory one and if there was no
fulfillment with the condition such as what obtains in the instant case, the
donation may be revoked & all rights which the donee may have
acquired shall be deemed lost & extinguished.
C. OBLIGATIONS WITH A PERIOD
RADIOWEALTH FINANCE COMPANY vs. Spouses DEL ROSARIO, G.R. NO.
138739. July 6, 2000
87
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
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
complaint not having sought that the court should set a period, but must
set the time that the parties are shown to have intended.
88
VIII.
JOINT
AND
SOLIDARY
OBLIGATIONS
SOLIDARY OBLIGATION
INIMACO vs. NLRC, G.R. NO. 101723, May 11, 2000
90
190696
Philtranco Bus has been held solidarily liable with its bus driver, Calang,
when Calang accidentally collided with a jeepney killing a bystander and
91
92
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.
If there is any agreement to pay an obligation in a currency other than
Philippine legal tender, the same is null and void as contrary to public
policy, pursuant to Republic Act No. 529, and the most that could be
demanded is to pay said obligation in Philippine currency, hence, a
creditor herein cannot oblige the debtor to pay him in dollars, even if the
loan were given in said currency.
KALALO vs. LUZ, G.R. NO. L-27782, July 31, 1970
Appellant claims that lower court erred in declaring and holding that the
balance owing from defendant-appellant to plaintiff-appellee on the IRRI
Project should be paid on the basis of the rate of exchange of the U.S.
dollar to the Philippine peso at the time of payment of judgment. Even if
the obligation assumed by the defendant was to pay the plaintiff a sum of
money expressed in American currency, the indemnity to be allowed
should be expressed in Philippine currency at the rate of exchange at the
time of judgment rather than at the rate of exchange prevailing on the
date of defendant's breach.
LEGAL TENDER
TIBAJIA vs. CA, G.R. NO. 100290, June 4, 1993
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
72110. November 16, 1990.
APPELLATE
COURT,
G.R. NO.
and
DEVELOPMENT
CORP,
G.R.
NO.
172577
95
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
Defendant contended that payments of rental thru checks were made to the
plaintiff but the latter refused to accept them, hence defendant
authorized the bank to make consignation with the Clerk of Court. In
order to be valid, the tender of payment must be made in lawful
currency, but payment in check by the debtor may be acceptable as
valid, if no prompt objection to said payment is made.
SOCO vs. MILITANTE, G.R. NO. L-58961 June 28, 1983
The decision subject of the present petition for review holds the view that
there was substantial compliance with the requisites of consignation and
so ruled in favor of private respondent.
Substantial compliance is not
enough and the essential requisites of a valid consignation, under
Articles 1256 to 1261 of the New Civil Code must be complied with fully
and strictly in accordance with the law and must be accorded a
mandatory construction.
Immaculata vs. Navarro, G.R. NO.L-42230, April 15, 1988
Respondents alleged that the offer to redeem was not sincere, because
there was no consignation. The right to redeem is a RIGHT, not an
obligation, therefore, there is no consignation required to preserve the
right to redeem.
TENDER OF PAYMENT
SPOUSES CACAYORIN vs. ARMED FORCES AND POLICE
BENEFIT ASSOCIATION, INC., G.R. NO.171298, April 15, 2013
MUTUAL
MUTUAL
CITIZENS SURETY vs. COURT OF APPEALS, G.R. NO. L-48958 June 28,
1988
In opposing the money claim, Respondent alleged that the surety bonds
and the indemnity agreements had been extinguished by the execution of
the deed of assignment, because this amounted to dation in payment
whereby the former is considered to have alienated his property in favor
of the latter in satisfaction of a monetary debt (Artide 1245). The
transaction could not be dation in payment because the deed of
assignment was executed on December 4, 1959, the obligation of the
assignor to refund the assignee had not yet arisen, hence, there was no
obligation yet on the part of the petitioner.
D. COMPENSATION
SOLINAP vs. DEL ROSARIO, G.R. No. L-50638 July 25, 1983
For compensation to take place, it is required that the amount involved be
certain and liquidated. Compensation cannot take place where one's claim
against the other is still the subject of court litigation.
98
ART 1980
BPI vs CA, G.R. NO. 136202, January 25, 2007
Petitioner, as a collecting agent, debited Salazar's account. The account was
different from the original account to which the proceeds of the check
were credited but both accounts belonged to Salazar. The debited account
was the account of the sole proprietorship she owns. The other account
was her personal account.
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.
99
F. RESCISSION
UNIVERSAL FOOD CORPORATION vs. CA, G.R. NO. L-29155, May 13, 1970
Respondent patentee was dismissed as the permanent chief chemist of the
corporation without any fault or negligence on his part after the
execution of the Bill of Assignment, prompting him to rescind the
contract.
The general rule is that rescission of a contract will not be
permitted for a slight or casual breach, but only for such substantial and
fundamental breach as would defeat the very object of the parties in
making the agreement.
ART 1191
DEL CASTILLO Vda. DE MISTICA vs. SPOUSES NAGUIAT, G.R. NO. 137909,
December 11, 2003
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.
103
SOLAR
HARVEST,
INC.,
vs
DAVAO
CORRUGATED
CORPORATION, G.R. NO. 176868. July 26, 2010
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.
OSMEA III vs SSS, September 13, 2007
The Letter-Agreement, the SPA, the SSC resolutions assailed in this
recourse, and the Invitation to Bid sent out to implement said
resolutions, all have a common subject: the Shares - the 187.84 Million
EPCIB common shares, which, as a necessary consequence of the BDOEPCIB merger which saw EPCIB being absorbed by the surviving BDO,
have been transferred to BDO and converted into BDO common shares
under the exchange ratio set forth in the BDO-EPCIB Plan of Merger. As
thus converted, the subject Shares are no longer equity security
issuances of the now defunct EPCIB, but those of BDO-EPCI, which,
needless to stress, is a totally separate and distinct entity from what
used to be EPCIB.
Under the law on obligations and contracts, the obligation to give a
determinate thing is extinguished if the object is lost without the fault of
the debtor, and per Art. 1192 (2) of the Civil Code, a thing is considered
lost when it perishes or disappears in such a way that it cannot be
recovered.
VILLAMAR vs. MANGAOIL, G.R. NO. 188661 : April 11, 2012
Petitioner alleged that the absence of stipulations in the aG.R.eement
and absolute deed of sale entered into by Petitioner and Respondent
expressly indicating the consequences of the former's failure to deliver
the physical possession of the subject property and the certificate of title
covering the same, the Respondent is not entitled to demand for the
rescission of their contract pursuant to Article 1191 of the NCC.
The power to rescind obligations is implied in reciprocal ones, in case one
of the obligors should not comply with what is incumbent upon him",
104
105
I. A. DEFINITION
SPOUSES BALILA vs. IAC, G.R. NO. L-68477 October 29, 1987
A contract is a meeting of minds between two persons whereby one binds
himself with respect to the other to give something or render some
service, the Central Bank of the Philippines in the exercise of its
Administrative power did not create any contractual obligations.
B. CONTRACTS AS A SOURCE OF OBLIGATIONS
BATCHELDER vs. THE CENTRAL BANK OF THE PHILIPPINES, G.R. NO. L25071, July 29, 1972
Obligations arise from 1) law; 2) contracts; 3) quasi-contracts; 4) acts or
omissions punished by law and 5) quasi-delicts, the circular issued by
the Central Bank has the force and effect of the law. Obligations arising
from law, however, is never presumed.
II. ESSENTIAL ELEMENTS OF A CONTRACT
SPOUSES TONGSON
vs. EMERGENCY PAWNSHOP BULA, G.R.
167874.
January 15, 2010
A valid contract requires the concurrence of the following essential
elements: (1) consent or meeting of the minds, that is, consent to transfer
ownership in exchange for the price; (2) determinate subject matter; and
(3) price certain in money or its equivalent.
106
In the present case, there is no question that the subject matter of the
sale is the 364-square meter Davao lot owned by the Spouses Tongson
and the selling price agreed upon by the parties is P3,000,000, but the
existence of the remaining element, which is consent of the contracting
parties, to sell the property, claiming that their consent was vitiated by
fraud, renders the contract of sale void.
A. CONSENT
LAND BANK
vs. HEIRS OF SPOUSES SORIANO, G.R. NO.
January 30, 2012
178312.
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 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.
VELASCO vs. HONORABLE COURT OF APPEALS, G.R. NO. L-31018 June
29, 1973
The material averments of petitioners' complaint disclose lack of
complete "agreement in regard to the manner of payment" of the lot in
question. A definite agreement on the manner of payment of the
purchase price is an essential element in the formation of a binding and
enforceable contract of sale.
PALATTAO vs. CA, G.R. NO. 131726, May 7, 2002
107
CORPORATION
vs.
MAHINAY,
G.R. NO.
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 time the prospective contracting parties manifest their interest in the
contract and ends at the moment of agreement of the parties. The
perfection or birth of the contract takes place when the parties agree
upon the essential elements of the contract. The last stage is the
consummation of the contract wherein the parties fulfill or perform the
terms agreed upon in the contract, culminating in the extinguishment
thereof.
ART 1315 , 1319
TONG BROTHERS CO., vs. IAC, G.R. NO. 73918 December 21, 1987
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.
110
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
Words which may have different significations shall be understood in
that which is most in keeping with the nature and object of the contract
and in the interpretation of obscure words or stipulations in a contract
shall not favor the party who caused the obscurity.
VI. DEFECTIVE CONTRACTS
A. VOID CONTRACTS
ART 1411, 1420
BRIONES vs. CAMMAYO, ET AL., G.R. NO. L-23559, October 4, 1971
Stipulations authorizing the imposition of iniquitous or unconscionable
interest are contrary to morals, if not against the law for these contracts
are inexistent and void from the beginning.
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TIU vs. PLATINUM PLANS PHIL., INC., G.R. NO. 163512 February 28, 2007
Respondent contends that the inclusion of the two-year non-involvement
clause in petitioners contract of employment was reasonable and needed
since her job gave her access to the companys confidential marketing
strategies. A non-involvement clause is not necessarily void for being in
restraint of trade as long as there are reasonable limitations as to time,
trade, and place.
CARIO vs. COURT OF APPEALS, G.R. NO. L-47661, July 31, 1987
Contracts of sale are void and produce no effect whatsoever where the
price, which appears therein as paid, has in fact never been paid by the
vendee to the vendor.
TOPIC: SIMULATED CONTRACTS
URETA vs. URETA, G.R. No. 165748, September 14, 2011 -Lacking in
an absolutely simulated contract is consent which is essential to a valid
and enforceable contract. Thus, where a person, in order to place his
property beyond the reach of his creditors, simulates a transfer of it to
another, he does not really intend to divest himself of his title and control
of the property; hence, the deed of transfer is but a sham. Similarly, in
this case, Alfonso simulated a transfer to Policronio purely for taxation
purposes, without intending to transfer ownership over the subject
lands.
RUBIAS vs. BATILLER, G.R. NO. L-35702 May 29, 1973
The lower court held that the purchase by a lawyer of the property in
litigation from his client is categorically prohibited by Article 1491,
paragraph (5) of the Philippine Civil Code, and that consequently,
plaintiff's purchase of the property in litigation from his client was void
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and could produce no legal effect, by virtue of Article 1409, paragraph (7) of
our Civil Code.
Contracts "expressly prohibited or declared void by law'
are "inexistent and that "(T)hese contracts cannot be ratified, neither can
the right to set up the defense of illegality be waived."
ART 1410
TONGOY vs. THE HONORABLE
45645 June 28, 1983
COURT
OF
APPEALS,
G.R.
NO.
L-
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
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. L45038 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
113
vs.
LUI
SHE,
G.R.
NO.
L-
The illicit purpose becomes the illegal causa rendering the contracts void.
TEJA MARKETING vs. IAC, G.R. NO. L-65510 March 9, 1987
The parties operated under an arrangement, commonly known as the
"kabit system" whereby a person who has been granted a certificate of
public convenience allows another person who owns motor vehicles to
operate under such franchise for a fee. Although not outrightly
penalized as a criminal offense, the kabit system is invariably recognized
as being contrary to public policy and, therefore, void and in existent and
it is a fundamental principle that the court will not aid either party to
enforce an illegal contract, but will leave both where it finds then.
B. VOIDABLE CONTRACTS
ART 1327
FRANCISCO vs. HERRERA, G.R. NO. 139982, November 21, 2002
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
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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.
C. UNENFORCEABLE CONTRACTS
YUVIENCO vs. DACUYCUY, G.R. NO. L-55048 May 27, 1981
Respondent judge assumed that as long as the requirements of
perfection of a contract are present in a contract which involves payment
in installments, the Statute of Frauds would no longer apply as long as
the total price or consideration is mentioned in some note or
memorandum and there is no need of any indication of the manner in
which such total price is to be paid.
In any sale of real property on
installments, the Statute of Frauds read together with the perfection
requirements of Article 1475 of the Civil Code must be understood and
applied in the sense that the idea of payment on installments must be in
the requisite of a note or memorandum therein contemplated.
BISAYA LAND TRANSPORTATION CO., INC., vs. SANCHEZ, G.R. NO. 74623
August 31, 1987
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
115
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
Petitioner moved for the issuance of an alias writ of execution on the
ground of unsatisfied judgment against respondents and It likewise
moved to declare the sale to a third party of a parcel of land in the name of
the private respondent as one in fraud of creditors which was granted by
the lower court. Rescissible contracts, not being void, they remain
legally effective until set aside in a rescissory action and may convey title,
and an action for rescission may not be raised or set up in a summary
proceeding through a motion, but in an independent civil action and only
after a full-blown trial.
VII. EFFECT OF CONTRACTS
DOCTRINES , PRINCIPLES
1. CONSENSUALITY OF CONTRACTS ART
1306 , 1336 , 1337
REPUBLIC OF THE PHILIPPINES vs. PLDT G.R. NO. L-18841 January
27, 1969
,
The Republic commenced suit against the PLDT commanding the PLDT
to execute a contract with it for the use of the facilities of latter's
telephone system throughout the Philippines. Parties can not be coerced
to enter into a contract where no agreement is had between them as to
the principal terms and conditions of the contract since freedom to
stipulate such terms and conditions is of the essence of our contractual
system, and by express provision of the statute, a contract may be
annulled if tainted by violence, intimidation, or undue influence (Articles
1306, 1336, 1337).
2. AUTONOMY OF CONTRACTS
ART 1306
WILLIAM GOLANGCO CONSTRUCTION CORPORATION vs.
117
118
A contract is the law between the contracting parties, and when there is
nothing in it which is contrary to law, morals, good customs, public
policy or public order, the validity of the contract must be sustained.
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
Disregarding the stipulations in the contract allowing additional
compensation for easement fee, the CA ruled that Cabahug's attempt to
collect further sums by way of additional easement fee and,or just
compensation is violative of said contract.
It is settled that a contract
constitutes the law between the parties who are bound by its stipulations
which, when couched in clear and plain language, should be applied
according to their literal tenor and the courts cannot supply material
stipulations, which contradict the intent of the parties.
3. MUTUALITY OF CONTRACTS
BANCO FILIPINO SAVINGS vs. NAVARRO, G.R. NO. L-46591, July 28, 1987
Escalation clauses to be valid should specifically provide: (1) that there
can be an increase in interest if increased by law or by the Monetary
Board; and (2) in order for such stipulation to be valid, it must include a
provision for reduction of the stipulated interest "in the event that the
applicable maximum rate of interest is reduced by law or by the
Monetary Board" in order to be valid which is known as deescalation
clause.
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SPOUSES FLORENDO
December 17, 1996
vs.
COURT
OF
APPEALS,
G.R.
NO.
101771
In order that obligations arising from contracts may have the force of law
between the parties, there must be mutuality between the parties based on
their essential equality, hence, a contract containing a condition which
makes its fulfillment dependent exclusively upon the uncontrolled will of
one of the contracting parties, is void.
ART 1308
PHILIPPINE NATIONAL BANK vs. SPOUSES AGUSTIN, G.R. NO.
164549
September 18, 2009
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
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
Respondents are not parties to the agreement, nor assigns or heirs of
either of the parties but who rely on the debt settlement agreement
petitioner and Universal to preclude prosecution of the offense of estafa
or prevent the incipience of any liability that may arise from the criminal
offense. The civil law principle of relativity of contracts provides that
120
"contracts can only bind the parties who entered into it, and it cannot
favor or prejudice a third person, even if he is aware of such contract and
has acted with knowledge thereof."
PRUDENTIAL BANK AND TRUST COMPANY vs. ABASOLO, G.R. NO.
186738, September 27, 2010
Contracts take effect only between the parties, their assigns and heirs,
and if a contract should contain some stipulation in favor of a third
person, the contracting parties must have clearly and deliberately
conferred a favor upon the third person.
VIII. KINDS OF CONTRACTS
A. INNOMINATE CONTRACTS
ART 1307
CORPUS vs. COURT OF APPEALS, G.R. NO. L-40424 June 30, 1980
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
According to the appellants, a usurious loan is void due to illegality of
cause or object, the rule of pari delicto applies, so that neither party can
bring action against each other.
A contract of loan with usurious
interest consists of two stipulations which are divisible in the sense that
the former can still stand without the latter, the principal and the
accessory stipulations; the principal one is to pay the debt; the accessory
stipulation is to pay interest thereon, and in case of a divisible contract,
if the illegal terms can be separated from the legal ones, the latter may be
enforced."
C. CONTRACT OF ADHESION
ART 1750
121
ONG YIU vs. HONORABLE COURT OF APPEALS, G.R. NO. L-40597 June
29, 1979
Petitioner contends that respondent Court committed grave error when it
limited PAL's carriage liability to the amount of P100.00 as stipulated at
the back of the ticket and argues that he had not actually entered into a
contract with PAL limiting the latter's liability for loss or delay of the
baggage of its passengers. While it may be true that petitioner had not
signed the plane ticket he is nevertheless bound by the provisions thereof
it being a contract of "adhesion", wherein one party imposes a ready
made form of contract on the other and the
one who adheres to the
contract is in reality free to reject it entirely, but if he adheres, he gives
his consent.
ART 1326
C & C COMMERCIAL CORPORATION vs. MENOR, G.R. NO. L-28360 January
27, 1983
Advertisements for bidders are simply invitations to make proposals, and
the advertiser is not bound to accept the highest or lowest bidder, unless
the contrary appears.
ART 1332
TANG vs. COURT OF APPEALS, G.R. NO. L-48563 May 25, 1979
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
a "take it or leave it" basis. Such contracts are called contracts of
adhesion, because the only participation of the party is the signing of his
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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,
nothing on record imputes deliberate wrongful motives or malice on him.
Any third person who induces another to violate his contract shall be
liable for damages to the other contracting party, lack of malice, however,
precludes damages.
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