Beruflich Dokumente
Kultur Dokumente
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denominated as a contract of sale; and, (b) that their 7. SURNAME - CHOICE OF THE
intention was to secure an existing debt by way of a ILLEGITIMATE CHILD Grande vs. Antonio
mortgage. 2014
The essence of pactum commissorium is that Art. 176. Illegitimate children shall use the
ownership of the security will pass to the creditor by surname and shall be under the parental authority of
the mere default of the debtor. This Court has their mother, and shall be entitled to support in
repeatedly declared such arrangements as contrary to conformity with this Code. However, illegitimate
morals and public policy. children may use the surname of their father if their
filiation has been expressly recognized by their
Note: the only right of a mortgagee in case of non- father through the record of birth appearing in the
payment of debt secured by mortgage would be to civil register, or when an admission in a public
foreclose the mortgage and have the encumbered document or private handwritten instrument is made
property sold to satisfy the outstanding indebtedness. by the father.
Note: in an equitable mortgage, perfect title over the Use of may indicates that illegitimate children are
mortgaged property may not be secured in a pactum given the choice on the surnames by which they will
commissorium fashion, but only by causing the be known.
foreclosure of the mortgage and buying the same in
an auction sale Solitarios vs. Jaque 2014) 8. RIGHT OF REPURCHASE UNDER C.A. 141
OR THE PUBLIC LAND ACT
6. ISSUED OCT AS CONDITION PRECEDENT
IN RECONSTITUTION CASES Republic vs. Sec. 119. Every conveyance of land acquired under
Spouses Sanchez 2014 the free patent or homestead provisions, when proper,
shall be subject to repurchase by the applicant, his
It is well to emphasize that a petition for widow, or legal heirs, within a period of five years
reconstitution of lost or destroyed OCT requires, as a from the date of conveyance.
condition precedent, that an Original Certificate of
Title (OCT) has indeed been issued. 9. CHILD CUSTODY - NO RES JUDICATA
Beckett vs. Sarmiento 2013
It is also necessary that the Register of Deeds issue a
certification that such was in force at the time of its A custody agreement can never be regarded as
alleged loss or destruction, and the claimants thereof permanent and unbending, the simple reason being
also proved such fact. that the situation of the parents and even of the child
can change, such that sticking to the agreed
Section 15 of R.A. 26: arrangement would no longer be to the latters best
interest. In a very real sense, then, a judgment
Section 15. If the court, after hearing, finds that: involving the custody of a minor child cannot be
- the documents presented, as supported by parole accorded the force and effect of res judicata.
evidence or otherwise, are sufficient and proper
to warrant the reconstitution of the lost or 10. REQUIREMENT FOR VALID COMPROMISE
destroyed certificate of title, and Gaisano vs. Akol 2011
- the petitioner is the registered owner of the
property or has an interest therein, A compromise agreement is a contract whereby the
- the said certificate of title was in force at the parties make reciprocal concessions, avoid litigation,
time it was lost or destroyed, and or put an end to one already commenced.
- the description, area and boundaries of the
property are substantially the same as those Its validity depends on its fulfillment of the
contained in the lost or destroyed certificate of requisites and principles of contracts dictated by law;
title, its terms and conditions being not contrary to law,
morals, good customs, public policy and public
an order of reconstitution shall be issued. order.
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11. SALES OF SHARES OF STOCK WITHOUT 14. POSSESSION + OWNERSHIP =
AUTHORITY - NULL AND VOID Pacific IMPRESCRIPTIBLE
Rehouse Corp. vs. EIB Securities, Inc. 2011
15. DIVORCE ART. 26 Bayot vs. CA 2008
Indubitably, the sale of the Principals shares made
by Agent is null and void for lack of authority to do The twin elements for the application of Paragraph 2
so, for the Principals never gave their consent or of Article 26 as follows:
permission to the sale.
i. There is a valid marriage that has been celebrated
Moreover, Article 1881 of the Civil Code provides between a Filipino citizen and a foreigner; and
that the agent must act within the scope of his
authority. Pursuant to the authority given by the ii. A valid divorce is obtained abroad by the alien
principal, the agent is granted the right to affect the spouse capacitating him or her to remarry.
legal relations of his principal by the performance of
acts effectuated in accordance with the principals The reckoning point is not the citizenship of the
manifestation of consent. parties at the time of the celebration of the marriage,
but their citizenship at the time a valid divorce is
12. CADASTRAL CASE AND QUIETING OF obtained abroad by the alien spouse capacitating the
TITLE MAY PROCEED INDEPENDENTLY latter to remarry.
Luzurriaga vs. Republic 2009
16. CONTINUING GUARANTY/ CONTINUING
A cadastral case is different from an action for SURETYSHIP Gateway Electronics Corp. vs.
quieting of title. As the cadastral case assails the Asian Bank Corporation 2008
grant of ownership to the defendant while the action
for quieting of title seeks to nullify the issuance of A continuing guaranty is one which is not limited to
title to another. a single loan transaction, but which contemplates a
future course of dealing, covering a series of
13. PROCESS FOR JUDICIAL CONFIRMATION transactions, generally for an indefinite time or until
OF IMPERFECT TITLE Republic vs. Iglesia revoked.
Ni Cristo 2009
It is prospective in its operation and is generally
Sec. 14(1) of PD 1529 pertinently provides: intended to provide security with respect to future
transactions within certain limits, and contemplates a
SEC. 14. Who may apply. The following succession of liabilities, for which, as they accrue,
persons may file in the proper Court of First the guarantor becomes liable.
Instance [now Regional Trial Court] an
application for registration of title to land, A guaranty shall be construed as continuing when by
whether personally or through their duly the terms thereof it is evident that the object is to
authorized representatives: give a standing credit to the principal debtor to be
used from time to time either indefinitely or until a
(1) Those who by themselves or through their certain period x x x.
predecessors-in-interest have been in open,
continuous, exclusive and notorious possession In other jurisdictions, it has been held that the use of
and occupation of alienable and disposable lands particular words and expressions such as payment of
of the public domain under a bona fide claim of any debt, any indebtedness, any deficiency, or any
ownership since June 12, 1945, or earlier. sum, or the guaranty of any transaction or money to
be furnished the principal debtor at any time, or on
The correct application of Sec. 14(1) of PD 1529 is such time that the principal debtor may require,
that the reckoning for the period of possession is the have been construed to indicate a continuing
actual possession of the property and it is sufficient guaranty.
for the property sought to be registered to be
already alienable and disposable at the time of the 17. ELEMENTS OF ESTOPPEL
application for registration of title is filed. (1) conduct amounting to false representation or
concealment of material facts or at least
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calculated to convey the impression that the
facts are otherwise than, and inconsistent with, The reclaimed lands were transferred to National
those which the party subsequently attempts Housing Authority, a government entity NOT tasked
to assert; to dispose of public land and therefore said alienable
lands were converted to patrimonial lands upon their
(2) intent, or at least expectation, that this transfer to NHA.
conduct shall be acted upon by, or at least
influence, the other party; and, 22. LAND TRANSFER IN VIOLATION OF PD 27
(3) knowledge, actual or constructive, of the real VOID Gu-an and Gu-an Mamon vs. Quirino
facts. 2014
18. EFFECT OF NON-INCLUSION OF PARTY IN It bears to stress that upon the promulgation of P.D.
A COMPROMISE AGREEMENT Domingo 27, farmer-tenants were deemed owners of the land
Realty, Inc. vs. CA, 2006 they were tilling and given the rights to possess,
cultivate and enjoy the landholding for themselves.
The only legal effect of the non-inclusion of a party
in a compromise agreement is that said party cannot Thus, P.D. 27 specifically prohibited any transfer of
be bound by the terms of the agreement. such landholding except to the government or by
hereditary succession. Section 279 of R.A. 6657
19. ADVERSE POSSESSION IN REGISTERED (CARL) further allowed transfers to the Land Bank
PROPERTY of the Philippines (LBP) and to other qualified
beneficiaries, through the DAR.
Under Article 1126 of the Civil Code, prescription
of ownership of lands registered under the Land Consequently, any other transfer constitutes a
Registration Act shall be governed by special laws. violation of the above proscription and is null and
Correlatively, Section 47 of P.D. 1529 provides that void for being contrary to law.
no title to registered land in derogation of that of
the registered owner shall be acquired by adverse 23. BIOLOGICAL PARENTS MAY BE
possession. BENEFICIARIES OF AN ADOPTED CHILD
Bartolome vs. SSS 2014
20. TENDER AGE PRESUMPTION Gualberto vs.
Gualberto2005 Even though parental authority is severed by virtue
of adoption, the ties between the adoptee and the
As a general rule, a mother is to be preferred in biological parents are not entirely eliminated.
awarding custody of children under the age of seven.
The caveat in Article 213 of the Family Code cannot To demonstrate, the biological parents, insome
be ignored, except when the court finds cause to instances, are able to inherit from the adopted, as
order otherwise. can be gleaned from Art. 190 of the Family Code:
The so-called tender-age presumption under Article Art. 190. Legal or intestate succession to the
213 of the Family Code may be overcome only by estate of the adopted shall be governed by the
compelling evidence of the mothers unfitness. following rules:
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From the foregoing, it is apparent that the biological
parents retain their rights of succession to the estate
of their child who was the subject of adoption.