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apply. Thus, the validity of the divorce will be

PART I – GENERAL PRINCIPLES determined based on the law of the country of which
he is a citizen at the time the valid divorce is obtained
Publication b. Domiciliary rule applies to stateless persons
Is indispensable in every case, but the legislature may in ‘its 3. Real statutes – Laws on Property
discretion provide that the usual fifteen-day period shall be
shortened or extended (Umali v. Estanislao, G.R. No. 104037, GR: Lex Rei Sitae – Real property as well as personal property
May 29, 1992; Tañada v. Tuvera, G.R. No. L-63915, December is subject to the law of the country where it is situated (Art. 16)
29, 1986). (2001, 2002, 2004, 2007, 2009).
Must be in full or it is no publication at all. (Umali v. Estanislao, XPNS:
G.R. No. 104037, May 29, 1992; Tañada v. Tuvera, G.R. No. L- a. Art. 16(2) NCC – succession as to order of succession,
63915, December 29, 1986). amount of successional rights and intrinsic validity of the
testamentary provisions - governed by national law.
Reason: publication in full satisfies the basic constitutional b. Lex loci voluntatis or lex loci intentionis - contracts
requirement of due process. Without such notice and involving real property but do not deal with title or real
publication, there would be no basis for the application of the rights over the property, the issue being the contractual
maxim ignoratia legis non excusat (Rabuya, 2017). rights and liabilities of parties - governed by the proper
law of the contract.
XPNs to the Publication Requirement: (O-R-L-I) c. Loan - in contracts where real property is given as security
by way of mortgage to secure a principle contract - loan is
1. Municipal Ordinances (governed by the Local
governed by the proper law of the contract while the
Government Code);
mortgage is governed by the lex situs.
2. Rules and regulations which are internal in nature;
d. Validity of the contract to transfer land - while the
3. Letters of Instruction issued by administrative
validity of the transfer of land must be determined by the
supervisors on internal rules and guidelines;
lex situs, the validity of the contract to transfer is
4. Interpretative regulations regulating only the
determined by the proper law of the contract.
personnel of administrative agency.
4. Law governing extrinsic validity of contracts, wills and
XPNs to the XPNs: (D-E-P)
public instruments
Administrative rules and regulations that require
GR: Lex loci celebrationis (Art. 17) – forms and solemnities of
publication: contracts, wills and other public instruments shall be governed
by the laws of the country in which they are executed.
1. The purpose of which is to implement or enforce
existing laws pursuant to a valid Delegation;
XPNs: Philippine law shall apply in the following cases even
2. It diminishes Existing rights of certain individuals.
though performed abroad:
3. Penal in nature
a. Acts are executed before the diplomatic or consular
Conflict of laws
officials of the Philippines.
b. Prohibitory laws concerning persons, their acts or
Application of laws
property, and those which have for their object public
order, public policy and good customs (Art. 17).
1. Penal laws
Renvoi - A procedure whereby a jural matter presented is
GR: Territoriality rule - Penal laws and laws of public security
referred by the conflict of laws rules of the forum to a foreign
and safety shall be obligatory upon all who live or sojourn in
state, the conflict of laws rules of which in turn refers the
the Philippine territory (Art. 14).
matter back to the law of the forum (remission) or a third state
(transmission).Thus, it is clear that renvoi can arise only from
XPNs: Philippine penal laws will not apply by virtue of:
conlict rules and not from internal rules.
a. Treaty stipulations
Double Renvoi - It is what occurs when the local court, in
b. Principles of Public International Law
adopting the foreign court theory, discovers that the foreign
c. Laws of Preferential Application (e.g. Ambassadors,
court accepts the renvoi.
d. International agencies enjoying diplomatic immunity
Transmission - It is the process of applying the law of a foreign
state through the law of a second foreign state. It is not the
2. Status laws
same as renvoi because renvoi involves two laws while
transmission involves three laws.
GR: Nationality rule (Lex Nationali) - Laws relating to:
a. Family rights and duties
b. Status and condition
c. Legal capacity of persons are binding upon citizens of
Elements of Abuse of Right:
the Philippines even though living abroad (Art. 15)
(1999, 2003, 2004, 2005, 2009)
1. There is a legal right or duty;
2. Such duty is exercised in bad faith;
a. In case of divorce obtained validly by an alien
3. It is for the sole intent of prejudicing or injuring another;
pursuant to the rules that governs his country, the
4. NOTE: The absence of good faith is essential to abuse of
Filipino spouse shall be considered also as divorced
right (Elizabeth Diaz v. Georgina Encanto, G.R. No. 171303,
(Van Dorn v. Romillo, Jr., G.R. No. L-68470, October 8,
January 20, 2016).
1985). The divorce decree must capacitate foreigner
to remarry, otherwise, the Filipino cannot remarry.
Article 19, 20 and 21 in the enforcement and sanctions of
abuse of right
Once it is proven however that a party was no longer
a Filipino citizen when he obtained the divorce from
his Filipino spouse, the ruling in Van Dorn would also


While Art. 19 lays down the rule of conduct for the government None. Art. 38 on restrictions
of human relations, it does not provide a remedy. Generally, an Limitation and Art. 39 of the NCC
action for damages under either Art. 20 or Art. 21 would be on
proper. Art. 21 deals with acts contra bonus mores or contrary modifications/limitatio
to good morals and presupposes loss or injury, material or ns on the capacity to
otherwise, which one may suffer as a result of such violation. act.
Under Arts. 19 and 21, the act must be intentional (Rabuya,

Furthermore, Article 20 speaks of the general sanction for all Requisites

other provisions of law which do not especially provide for
their own sanction. Essential Formal (C-A-L)
1. Legal capacity of the 1. Marriage
Article 21 on the other hand, speaks of act which is legal but is contracting parties Ceremony
contrary to morals, good custom, public order or public policy who must be a male 2. Authority of the
and is done with intent to injure. and a female; Solemnizing
2. Consent freely given Officer
Elements of an action under Art. 21, NCC (Contra Bonus in the presence of the 3. Valid Marriage
Mores) (1996, 1998, 2006, 2009) solemnizing officer License (FC, Art.3)
(FC, Art. 2).
1. There is an act which is legal;
2. Such act is contrary to morals, good customs, public order Requisites for legal capacity of the parties to marry (ASL)
or policy;
3. It is done with intent to injure. 1. Age – at least 18 years of age
2. Sex – between male and female
Accion In Rem Verso (NCC, Art. 22) 3. Lack of legal impediment to marry (Art. 37 & 38)

It is the remedy for unjust enrichment.It is an action for Marriage Ceremony

recovery of what has been paid or delivered without just cause
or legal Ground. No particular form of ceremony or religious rite for
solemnization of the marriage is required by law (FC, Art. 6).
Itcan only be availed of if there is no other remedy to enforce it
based on contract, quasi-contract, crime or quasi-delict. AS LONG AS the marriage takes place with the:
Requisites (E-L-W-A) 1. Personal appearance of the contracting parties before
the solemnizing officer;
1. The defendant has been Enriched;
2. The plaintiff has suffered a Loss; NOTE: There is no marriage ceremony if what
3. The enrichment of the defendant is Without just or legal transpired was a mere private act of signing a
ground; and marriage contract by the contracting parties, without
4. The plaintiff has no other Action based on contract, quasi- the presence of the solemnizing officer (Morigo v.
contract, crime or quasi-delict. People, G.R. No. 145226, February 6, 2004)
Accion in rem verso v. Solutio Debiti 2. Their personal declaration that they shall take each
other as husband and wife; and
In accion in rem verso, it is not necessary that there should have
3. In the presence of not less than 2 witnesses of legal
been mistake in the payment unlike in solution indebiti where
mistake is an essential element (Rabuya, 2006).
The declaration of consent need not be vocally expressed. It can
Unjust Enrichment
be shown by other manifestations or signs of approval and
consent. It is the agreement itself, and not the form in which it
The main objective of the principle against unjust enrichment is
is couched, which constitutes the contract (Sta. Maria, 2010).
to prevent one from enriching himself at the expense of another
without just cause or consideration. (Locsin v. Mekeni Food
Authority of the solemnizing officer
Corporation, G.R. No. 192105, December 9, 2013, DEL. CASTILLO,
Marriage may be solemnized by;

PART II– PERSONS AND FAMILY RELATIONS 1. Under ordinary circumstances:

PERSONS AND PERSONALITY (CIVIL CODE) a. Incumbent judiciary member – Provided, it is

solemnized in the place where the court exercises
Fitness to be the Power to do acts with NOTE: Where a judge solemnized a marriage
Definition subject of legal legal effect. (NCC, Art. outside his court’s jurisdiction, this is a
relations. (NCC, 37) mere irregularity in the formal requisite,
Art. 37) which while it may not affect the validity of
Inherent (co- Acquired through the marriage, may subject the officiating
Acquisition exists with the fulfilment of specific official to administrative liability(Rabuya,
natural person), legal activities. 2017).
therefore, it is
not acquired. b. Priest, rabbi, imam or minister of any
church/religious sect duly authorized – Provided at
Loss Only through Through death and
death. other circumstances least one of the parties belongs to such church or
religious sect.
In relation Can exist w/o Cannot exist w/o
to each capacity to act. juridical capacity.


c. Consul general, consul or vice-consul – Provided

both parties are Filipinos and marriage takes place NOTE: the license shall be deemed
abroad in the country where the consul holds office. automatically cancelled at the
expiration of said period if the
d. Mayors (Arts. 444 and 445 of LGC) – including contracting parties have not made
“Acting Mayor” use of it (FC, Art. 20).
Parental consent and certificate of
NOTE: From the time of the effectivity of the Family Other marriage counselling : if any party is
Code on August 3, 1988 up to the time of the requirements: aged 18 to below 21 y/o
effectivity of the Local Government Code on January 1,
1992, mayors do not have the authority to solemnize Parental advice and certificate of
marriage. marriage counselling : if any party is
aged 21 to 25 y/o
2. Marriages in articulo mortis:
Parental Consent and Advise
a. Ship captain or airplane chief – provided the
marriage is performed: ADDITIONAL
i. During voyage, even during stopovers AGE
ii. Between passengers or crew members 18 to 21 years old Parental consent and
(Art.31) Marriage counseling

NOTE: Such authority may be exercised not only 22 to 25 years old Parental advice and
while the ship is at sea or the plane is in flight but Marriage counseling
also during stop-overs at ports of call (Rabuya,

b. Military commander of a unit who is a Absence of the additional requirement of parental advice does
commissioned officer – provided the marriage is not make the marriage void or voidable. It only affects the
performed: release of the marriage license to be postponed until (3) three
i. In the absence of a chaplain; months from the complete publication of the application.
ii. Within the zone of military operation;
iii. Between members of the armed forces or Requisites for the 5-year cohabitation as an exception to
civilians the marriage license requirement (2002, 2008)

Valid marriage License (Art. 3) The requisites are: (5D PAS)

1. Living together as husband and wife at least 5 years before
GR:All contracting parties to a marriage must obtain a valid the marriage.
marriage license. The 5 year period must be characterized by:

XPN: The following are exempt from the marriage license a. Exclusivity – the partners must live together
requirement: (M-A-R-C-O) exclusively, with no other partners, during the whole
5-year period.
1. Marriages among Muslims or members of ethnic cultural b. Continuity – such cohabitation was unbroken.
communities – Provided they are solemnized in
accordance with their customs, rites or practices (FC, Art. NOTE: The period is counted from the date of celebration
33); of marriage. It should be the years immediately before the
day of the marriage.
2. Marriages in Articulo mortis 2. No legal impediment to marry each other During the
a. In case either or both of the contracting parties period of cohabitation.
are at the point of death FC, (Art. 27); 3. Fact of absence of legal impediment must be Present at the
b. Solemnized by a ship captain or airplane pilot time of the marriage.
(FC, Art. 31); 4. Parties must execute an Affidavit that they are living
c. Within zones of military operation (FC, Art. 32) together as husband and wife for 5 years and that they do
not have any impediment to marry
3. Marriages in Remote places (FC, Art. 28) 5. Solemnizing officer must execute a Sworn statement that
Remote Place - no means of transportation to enable the he had ascertained the qualifications of the parties and
party to personally appear before the local civil registrar found no legal impediment to their marriage (Manzano v.
(Rabuya, 2017). Sanches, .AM. No. MTJ-00-1329, March 8, 2001).

4. Marriages between parties Cohabiting for at least 5 years ---

and without legal impediment to marry each other (FC, Art. Q: On Valentine's Day 1996, Ellas and Fely, both single and
34); 25 years of age, went to the city hall where they sought out
a fixer to help them obtain a quickie marriage. For a fee,
5. Marriages solemnized Outside the Philippines where no the fixer produced an antedated marriage license for them,
marriage license is required by the country where it was Issued by the Civil Registrar of a small remote
solemnized. FC, (Art. 26, par. 1) municipality. He then brought them to a licensed minister
in a restaurant behind the city hall, and the latter
Other Requirements in securing Marriage License solemnized their marriage right there and then. (1996,
2008 BAR)
if local: in the local civil registrar of
the city or municipality where either a. Is their marriage valid, void or voidable? Explain.
Place of contracting party habitually resides A: The marriage is valid. The irregularity in the issuance of a
issuance: (FC, Art. 9) valid license does not adversely affect the validity of the
marriage. The marriage license is valid because it was in fact
if abroad: in the office of the issued by a Civil Registrar (Arts. 3 and 4, FC).
consular officials (FC, Art. 10)
Period of 120 days from the date of issue b. Would your answer be the same if it should turn out that
effectivity: (valid in any part of the Philippines) the marriage license was spurious? Explain.


A: NO, the answer would not be the same. The marriage Requirements to prove a foreign marriage
would be void because of the absence of a formal requisite. In
such a case, there was actually no valid marriage license. 1. The existence of the pertinent provision of the foreign
--- marriage law.
Q: In 2002, Jerry and Jenny celebrated their church 2. The celebration or performance of the marriage in
wedding in Laguna. They did not have a civil wedding. Year accordance of said law.
later, Jerry filed with the RTC a petition for declarion of
nullity of marriage on the Ground of psychological Requirements for the application of par. 2 of Art. 26 of the
incapacity. The RTC dismissed the case for lack of Family Code
jurisdiction arguing that the procedure is governed by the
Church's Canon Law and not by the civil law observed by 1. It must be a case of mixed marriage (one party is Filipino
the State in nullity cases involving civil marriages. Thus, and the other is an alien);
the principle of separation of Church and State finds 2. The divorce must be obtained by the alien spouse and not
application in this case. Is the RTC correct? by the Filipino spouse; and
3. The divorce obtained by the alien spouse must capacitate
A: NO. The contract of marriage is entered into by complying him or her to remarry (Rabuya, 2017).
with the requirements and formalities prescribed by law.
Although, marriage is considered a sacrament in the Catholic NOTE: In the case of REPUBLIC v. MANALO (G.R. No. 221029,
church, it has civil and legal consequences which are governed April 24, 2018, J. Peralta, EN BANC), the Supreme Court
by the Family Code. The instant petition only seeks to nullify recognized that a divorce decree initiated BY the Filipino
the marriage contract between the parties as postulated in the spouse abroad, capacitating the foreigner spouse to remarry is
Family Code of the Philippines; and the declaration of nullity of valid and its effects shall likewise be recognized in the
the parties' marriage in the religious and ecclesiastical aspect is Philippines.
another matter. Notably, the proceedings for church annulment
which is in accordance with the norms of Canon Law is not The Court ruled that the second paragraph of Art. 26 only
binding upon the State as the couple is still considered married require that there be a divorce decree validly obtained abroad.
to each other in the eyes of the civil law. Thus, the principle of The letter of the law does not demand that the alien spouse
separation of the church and state finds no application in this should be the one who initiated the proceeding wherein the
case. (Tilar v. Republic, G.R. No. 214579, July 17, 2017, Peralta, J.) divorce decree was granted. It does not distinguish whether the
Filipino spouse is the petitioner or the respondent in the
Rules governing the validity of marriage (2002, 2004, foreign divorce proceeding. Moreover, the Court held that
2006, 2009, 2010 BAR) whether the Filipino spouse initiated the foreign divorce
proceeding or not, a favorable decree dissolving the marriage
1. As to its extrinsic validity – Lex loci celebrationis bond capacitating his/her alien spouse to remarry will have the
NOTE: Locus regit actum (the act is governed by the law of same result: the Filipino spouse will effectively be without a
the place where it is done) - is adhered to here in the husband or wife.
Philippines as regards the extrinsic validity of marriage.
Therefore, the subject provision should not make a distinction.
2. As to its intrinsic validity – Personal law In both instances, it is is extended as a means to recognize the
residual effect of the foreign divorce decree on Filipinos whose
NOTE: Personal law may either be the national law or the marital ties to their alien spouses are severed by operation of
law of the place where the person is domiciled. the latter's national law.

If the person involved is a stateless person, domiciliary rule NOTE: This decision was promulgated on April 24, 2018,
applies, otherwise, lex nationalii applies. hence, NOT part of the Bar syllabus cut-off.

The 1st paragraph of Article 26 of the Family Code (FC)on the Q: What are the requisites for psychological incapacity
validity of foreign marriages applies, however, only to Filipinos. (1996, 1997, 2002, 2006)
Foreign marriages of foreigners or of a Filipino and a foreigner
are governed by the Rules on Conflict of Laws (Sempio-Diy, A: The three basic requisites are the following:
1. Juridical antecedence – Must be rooted in the history of
Marriages between Filipinos solemnized abroad in the party antedating the marriage, although overt
accordance with the law in force in said country (FC, Art. manifestations may arise only after such marriage.
The root cause of the psychological incapacity must be:
GR: Marriages between Filipinos solemnized outside the (a) Medically or clinically identified,
Philippines in accordance with the law of the foreign country (b) Alleged in the complaint,
where it is celebrated, if valid there, shall be valid here as such. (c) Sufficiently proven by the experts,
(d) Clearly explained in the decision.
XPNs: It shall be void, even if it is valid in the foreign country
where the marriage was celebrated, if any of the following NOTE: A.M. No. 02-11-10-SC, effective March 15, 2003 and
circumstances are present: Barcelona vs. CA (2003) provide that expert opinion is not
a condition sine qua non for proof of psychological
1. Lack of legal capacity even with parental consent (e.g. incapacity. The root cause may be proven by the totality of
party is below 18); evidence in actual trial.
2. Incestuous;
3. Contracted through Mistake of one party as to the identity 2. Gravity – Grave enough to bring about the disability of the
of the other; party to assume the essential marital obligations.
4. Contracted following the annulment or declaration of 3. Permanence or Incurability – must be incurable or, if
nullity of a previous marriage but Before partition, etc.; curable, the cure should be beyond the means of the
5. Bigamous or polygamous except as provided in Art. 41 FC parties involved.
on terminable bigamous marriages;
6. Void due to Psychological incapacity; In Republic v. Molina, additional guidelines were enumerated
7. Void for reasons of Public policy. by the Supreme Court to aid the bench and the bar in deciding
cases of psychological incapacity:

4. Burden of proof to show the nullity of the marriage

belongs to the plaintiff;


5. The incapacity must be proven to be existing at “the time by reason of Article 40, the donation remains valid.
of the celebration” of the marriage XPN to the XPN: If the donee spouse contracted the
6. The essential marital obligations must be those embraced marriage in bad faith, all donations are revoked by
by Arts. 68 up to 71 of the FC as regards the husband and operation by law.
wife, as well as Arts. 220, 221 and 225 of the same Code in iii. When both parties to a subsequent marriage
regard to parents and their children. Such non-complied contracted in bad faith under Article 44, all donations
marital obligation(s) must also be stated in the petition, propter nuptias are revoked by operation by law.
proven by evidence and included in the text of the
decision; 4. Designation as Beneficiary in Insurance Policy
7. Interpretations given by the National Appellate If the subsequent marriage is judicially declared void by
Matrimonial Tribunal of the Catholic Church in the reason of Article 40, the innocent spouse may revoke such
Philippines, while not controlling or decisive, should be designation if the beneficiary spouse acted in bad faith,
given great respect by our courts; even if such designation be stipulated as irrevocable.

In Marcos v. Marcos, the SC held categorically that 5. Right to Inherit

psychological incapacity “may be established by the totality of a. Intestate Succession: The parties cannot inherit from
evidence presented” and that “there is no requirement that the each other by way of intestate succession since they
respondent should be examined by a physician or a are no longer considered as spouses
psychologist as a condition sine qua non for such declaration” b. Testate Succession:
(Marcos v. Marcos, G.R. No. 136490, October 19, 2000).
GR: Any testamentary provision by one in favour of
the other shall remain valid.
NOTE:The new Supreme Court Rule on Declaration of absolute
nullity of Void Marriages and annulment of Voidable Marriages
1. If the subsequent marriage is rendered void by non-
(A.M. No. 02-11-10-SC, effective March 15, 2003) provide that
compliance with Article 40 of the Family Code, the
the appearance of the prosecuting attorney or fiscal and the
spouse who contracted the subsequent marriage in
Solicitor-General is no longer mandatory.
bad faith is disqualified to inherit from the innocent
Incestous Marriages
2. If the marriage is void by reason of the bad faith of
both parties under Article 41 of the Family Code, all
1. Between ascendants and descendants of any degree,
testamentary dispositions made by one in favour of
legitimate or illegitimate
the other are revoked by operation of law.
2. Between brothers and sisters, whether of the full or half
blood, legitimate or illegitimate
6. Parental Authority and Custody of Children
GR: Since the children are considered as illegitimate, the
Subsequent marriage parental authority and the custody of the children will be
exercised by their mother. The illegitimate father even if
If a person contracts a subsequent marriage during the
he admits paternity, will only have visitation rights.
subsistence of a prior marriage, the subsequent marriage is:
(1992, 2005, 2008)
XPN: If the marriage is declared void by the reason of
psychological incapacity of either or both of the parties,
GR:Void for being bigamous or polygamous, even if celebrated
the parental authority and the custody will be exercised by
abroad and valid there as such.
the parent designated by the court.
XPN: Valid if it is a terminable subsequent marriage. Effects of Decree of Annulment
1. Termination of the marital bond.
a. Prior spouse has been absent for a period of 4 years, or in
2. Children conceived or born before the judgment of
case there is danger of death, 2 years.
annulment has become final and executory are considered
b. There is well-founded belief that the absent spouse is dead
c. There is judicial declaration of presumptive death of the
3. Absolute community property regime or the conjugal
absentee spouse
partnership property regime is terminated of dissolved
and the same shall be liquidated in accordance with the
Effects of Declaration of Nullity
provisions of Arts. 102 and 129.
4. The innocent spouse may revoke the designation of the
1. Status of the Children (1990, 2010)
other spouse who acted in bad faith as beneficiary in the
GR: Illegitimate
insurance policy whether or not the designation is
XPN: Legitimate if:
i. If the marriage is void on the ground of psychological
5. The spouse who contracted the marriage in bad faith shall
incapacity of either or both parties; or
be disqualified to inherit from the innocent spouse by
ii. If the marriage is void due to the non-compliance with
testate and intestate succession
the requirements set forth under Article 52 of the
6. Donation propter nuptias
Family Code.
GR: It shall remain valid
XPN: If the donee spouse acted in bad faith, the donor may
2. Property Relations
revoke the donation.
GR: Either Article 147 or 148 (Co-Ownership) will apply
XPN: If the subsequent marriage is void due to non-
Remarriage after declaration of nullity or annulment
compliance with Article 40, the property relations of the
void subsequent marriage will either be absolute
A person must comply with the requirements of Art.52 of the
community or conjugal partnership of gains.
FC before he can remarry, viz, the Recording and registration
of: (J-P-D-D)
3. Donations Propter Nuptias
GR: Donations propter nuptias are revocable at the
1. Judgement of Annulment
instance of the donor
2. Partition
3. Distribution of properties; and
i. If the donation propter nuptias is embodied in a
4. Delivery of presumptive legitime
marriage settlement, the donation is void under
Article 86 par. 1;
ii. If the subsequent marriage is judicially declared void


Voidable Marriage Q: Under what conditions, respectively, may drug addiction

be a ground, if at all, for the declaration of nullity of
marriage, annulment of marriage, and legal separation?
A voidable marriage is considered valid and produces all its (1997 BAR)
civil effects until it is set aside by final judgment of a competent
court in an action for annulment (Rabuya, 2006). Simply, a A:
voidable marriage is valid until it is annulled (Paras, 2016).
Declaration of a. The drug addiction must
GROUNDS WHO MAY RATIFY/HOW Nullity of amount to psychological
(FC, Art. 45) RATIFIED Marriage incapacity.
NON-AGE: that one of By the party who has not
the parties is 18 obtained parental consent a. The drug addiction must be
years of age or over concealed;
but below 21 and the IF after attaining the age of b. It must exist at the time of
marriage was twenty-one, such party marriage;
Annulment of
solemnized without freely cohabited with the c. There should be no
parental consent other and both lived cohabitation with full
together as husband and knowledge of the drug
wife; addiction;
INSANITY – either By the insane party d. The case is filed within five
party was of unsound (5) years from discovery.
mind IF after coming to reason, a. There should be no
he/she freely cohabited with condonation or consent to
the other the drug addiction;
b. The action must be filed
FRAUD - consent of By the party whose consent Legal Separation
within five (5) years from
either party was was vitiated the occurrence of the cause.
obtained by Fraud c. Drug addiction arises during
IF, with full knowledge of the marriage and not at the
the facts constituting the time of marriage.
fraud, he/she freely
cohabited with the other EFFECTS OF DECREE OF NULLITY OF MARRIAGE vis-à-vis
FORCE - consent By the party whose consent EFFECTS OF DECREE OF ANNULMENT
obtained by Force, was vitiated
Undue Influence IF the force had disappeared MARRIAGE
and ceased, and such party GR: Illegitimate
freely cohabited with the XPN: Legitimate
other As to the
IMPOTENCE – either CANNOT be ratified children 1. Marriage is void on
party was physically conceived the ground of
incapable of REQUISITE: physical or born psychological
consummating the incapacity continues and before the incapacity (Art.
marriage with the appears to be incurable judgment 36); or
other has become 2. Marriage is void
final and due to non-
STD – either party CANNOT be ratified
executory compliance with
was afflicted with a
the requirements
sexually REQUISITES:
of Art. 53 in rel. to
transmissible disease STD must be (a) serious; and
Art. 52
(b) incurable
As to GR: Either Article 147 Absolute
property or 148 (Co-Ownership) community
NOTES: relations will apply property
XPN: If the subsequent regime or the
 The grounds for a voidable marriage must exist at the time marriage is void due to conjugal
of the celebration of the marriage. non-compliance with partnership
 A voidable marriage can be assailed only in a direct Article 40, the property property
proceeding for that purpose. relations of the void regime is
 The marriage may be questioned only during the lifetime subsequent marriage terminated,
of the parties by the party who may attack such marriage will either be absolute dissolved and
within the prescribed periods, both under Art. 47 of the community or conjugal liquidated
Family Code partnership of gains.
GR: Revocable at the GR:remain
Doctrine of Triennial Cohabitation instance of the donor valid
As to XPN:
If after 3 years of living together with her husband, the wife donations If the subsequent XPN: If the
remained a virgin, the husband is presumed to be impotent propter marriage is judicially donee spouse
(Rabuya, 2017). The husband will have to overcome this nuptias declared void by reason acted in bad
presumption. of Article 40, the faith, the
donation remains valid. donor may
Relative impotency may now be invoked as a ground for XPN to the XPN: If revoke the
annulment. The Committee has decided to include relative the donee spouse donation.
impotency of one party because there are cases where a person contracted the
is impotent with respect to his spouse but not with other men marriage in bad
or women (Sempio Diy, 1995). faith, all donations
are revoked by
--- operation by law.


Designatio If the subsequent The Family Court of the province or city where the
n as marriage is judicially designation Where to petitioner or the respondent has been residing
beneficiary declared void by reason may be file for at least 6 months prior to the date of filing or
in the of Article 40, the revoked by in case of a non-resident, where he may be
insurance innocent spouse may the innocent found in the Philippines, at the election of the
policy of revoke such spouse even petitioner
the other designation even if though the
spouse who such designation be designation
acted in irrevocable. be NOTE: It must be stressed however that in certain acts like
bad faith irrevocable adultery, each adulterous act is a separate cause for legal
Intestate Succession: separation. Prescription will be based on the last act. (Pineda,
The parties cannot 2011, p.172)
inherit from each other ---
Q: After they got married, Nikki discovered that Christian
Testate Succession: was having an affair with another woman. But Nikki
As to GR: Any testamentary decided to give it a try and lived with him for two (2) years.
succession provision by one in The spouse in After two (2) years, Nikki filed an action for legal
favour of the other bad faith is separation on the ground of Christian’s sexual infidelity.
shall remain valid. disqualified Will the action prosper? Explain. (2012 BAR)
XPN: to inherit
1. If the subsequent from the A: Nikki’s action will not prosper on account at
marriage is rendered innocent condonation. Although the action for legal separation has not
void by non- spouse by yet prescribed, the prescriptive period being five years, the
compliance with Article testate and decision of Nikki to live with Christian after discovering his
40 of the Family Code, intestate affair amounts to condonation of such act. However, if such
the spouse who succession affair is still continuing, Nikki's action would prosper because
contracted the the action will surely be within (5) years from the commission
subsequent marriage in of the latest act of sexual infidelity. Every act or sexual liaison is
bad faith is disqualified a ground for legal separation.
to inherit from the
innocent spouse. ---
2. If the marriage is
bad faith of both
parties, all 1. Absolute Community of Property (ACP)
testamentary 2. Conjugal Partnership of Gains (CPG)
dispositions made by 3. Absolute Separation of Property (ASOP)
one in favour of the 4. Any other regime within limits provided by the FC
other are revoked by
operation of law. ACP CPG ASOP
When it applies
LEGAL SEPARATION When 1. When the 1. When future spouses
spouses: future adopt it in a marriage
Grounds (1997, 2002, 2003, 2006, 2007) 1. Adopt it spouses settlement;
(RiP Ang Forever Dahil SACAL na) in a adopt it in a 2. ACP or CPG is dissolved;
marriage marriage 3. Prior marriage is
1. Repeated physical violence or grossly abusive conduct settleme settlement; dissolved due to death of
against petitioner, common child, child of petitioner; nt; 2. If the one spouse and surviving
2. Physical violence or moral pressure to compel petitioner 2. Do not marriage is spouse failed to comply
to change religious or political affiliation choose celebrated with the requirements
3. Attempt to corrupt or induce petitioner, common child, any under the under Art. 103 (judicial
child of petitioner to engage in prostitution, or connivance economic New Civil settlement proceeding of
in such corruption or inducement; system; Code and the estate of deceased
4. Final judgment sentencing respondent to imprisonment of or they have spouse);
more than 6 years, even if pardoned; 3. Adopted not adopt 4. By judicial order. Judicial
5. Drug addiction or habitual alcoholism of respondentwhich a any separation of property
must exist after celebration of marriage; different economic may either be voluntary
6. Sexual infidelity or perversion; property system. or for sufficient cause.
7. Attempt by respondent against life of petitioner; regime
8. Contracting by respondent in the Philippines or abroad and the
subsequently of a bigamous marriage; same is
9. Abandonment of petitioner by respondent without void.
justifiable cause for more than 1 year.
10. Lesbianism or homosexuality of respondentwhichmust Composition
exist after celebration of marriage; All the Each spouse
properties retains his/her
NOTE:Abandonment shall not apply in a case where the owned by property
spouse left the conjugal dwelling due to the abusive the spouses before the
conduct of her husband. Such act does not constitute the at the time of marriage and
abandonment contemplated in the said provision. (Ong marriage only the fruits
Eng Kiam v. CA, G.R. No. 153206, October 23, 2006). become and income of
community such
Filing of petition for legal separation property properties
become part of
Who may Husband or Wife the conjugal
file properties
When to Within 5 years from the time of the occurrence during the
file of the cause marriage


(1995, 1998, must be each other or they do

2004, 2005, capacitated not live exclusively with
2008) to marry each other as husband
Effect of Separation In Fact each other; and wife; and
The separation in fact shall not 2. live 2. Their union is without
affect the regime of ACP/CPG, exclusively the benefit of marriage
but: with each or their marriage is
1. The spouse who leaves other as void (Art. 148).
the conjugal home or husband
refuses to live therein, and wife;
without just cause, shall and
not have the right to be 3. their union
supported; is without
2. When consent of one the benefit
spouse to any transaction of marriage
of the other is required or their
by law, judicial marriage is
authorization shall be void
obtained in a summary (Mercado-
proceeding. Fehr v.
3. In case of insufficiency of Fehr, 414
community or conjugal SCRA 288,
partnership property, 2003;
separate property of both Salas, Jr. v.
spouses shall be solidarily Aguila, G.R.
liable for the support of No.
the family. Spouse 202370,
present shall, upon 2013)
proper petition in a Salaries & Owned in Separately owned by the
summary proceeding, be wages equal shares parties. If any is married,
given judicial authority to his/her salary pertains to the
administer or encumber ACP/CPG of the legitimate
any specific separate marriage.
property of the other Property Belongs to Belongs to such party
spouse and use the fruits exclusively such party
or proceeds thereof to acquired upon proof of
satisfy the latter’s share acquisition
(Arts. 100 & 127, FC). through
exclusive funds
Effect of Dissolution
Property Governed by Owned in common in
Upon Upon acquired by rules of co- proportion to their
dissolution dissolution of both through ownership respective contributions
and the their work or
liquidation partnership, industry
of the the separate Presumption Property No presumption of joint
community properties of acquired while acquisition.
property, the spouses living together
what is are returned presumed Actual joint contribution of
divided and only the obtained by money, property or industry
equally net profits of their joint shall be owned by them in
between the the efforts, work common proportion.
spouses or partnership or industry and
their heirs is are divided owned by them However, their contributions
the net equally in equal are presumed equal, in the
remainder of between the shares. absence if proof to the
the spouses of contrary
properties of their heirs. If one party did
the ACP. not participate
in acquisition:
ART. 147 ART. 148 presumed to
BASIS (1997, 2000, (1992, 1998, 2000, 2006, have
2006, 2009, 2009) contributed
2010) through care
Applicability 1. Parties With legal impediment
maintenance of
without caused by:
family and
legal 1. Adulterous relationships
impedimen 2. Bigamous/polygamous
t to marry; marriages
2. Void 3. Incestuous void
marriage marriages under Art. 37 Buenaventura,
on the 4. Void marriages by G.R. No.
ground of reason of public policy 127358, March
psychologic (Art. 38) 31, 2005)
al Forfeiture When only one If one of the parties is validly
incapacity. of the parties married to another, his/her
As to 1. The man 1. The man and the to a void share in the co-ownership
marriage is in shall accrue to the ACP or
requisites and the woman must be
good faith, the CPG existing in the marriage.
woman incapacitated to marry


share of the
party in bad If the party who acted in BF Guidelines in the constitution of the Family Home
faith in the co- is not validly married to
ownership another or if both parties are 1. FH is deemed constituted from the time of actual
shall be in BF, such share be forfeited occupation as a family residence;
forfeited in in manner provided in the 2. Only 1 FH may be constituted;
favor of: last par. of Art. 147 3. Must be owned by the person constituting it;
4. Must be permanent;
1. their 5. Same rule applies to both valid and voidable marriages
common and even to common law spouses; (FC, Arts. 147 and 148)
children 6. It continues despite death of one, both spouses, or an
2. in case of unmarried head of the family for 10 years or as long as
default of there is a minor beneficiary (FC, Art 159).
or waiver
by any or NOTES:
all of the
common a. Property that is subject of a conditional sale on
children or instalment(s) where ownership is reserved by the vendor
their to guarantee payment of the purchase price may be
descendant constituted as a FH.
s, each b. The heirs cannot partition the same unless the court finds
vacant compelling reasons therefor. This rule shall apply
share shall regardless of whoever owns the property or constituted
belong to the FH (FC, Art 159).
the c. The FH must be part of the properties of the absolute
respective community or the conjugal partnership or the exclusive
surviving properties of either spouse, with the latter’s consent. It
descendant may also be constituted by an unmarried head of a family
s on his or her own property (FC, Art 156).
3. In the
s, such Legitimate children
share shall
belong to GR: One who is conceived OR born during the marriage of the
the parents (FC, Art. 164).
party. XPN: Born outside of a valid marriage (void marriages) but
Proof of Not necessary Necessary considered as legitimate child:
contribution 1. Children of marriages which are declared void under Art.
36; and
Property regime governing the property relations of 2. Children of marriages which are declared void under Art.
spouses in the absence of marriage settlement or when 53 (Rabuya, 2017).
regime agreed upon is void (1992, 1995, 2005)
Requisites for a child conceived by artificial insemination
GR: Absolute Community Property (Art. 75) to be considered legitimate (FC, Art. 166 no. 3)
1. For marriages contracted prior to the effectivity of the FC 1. The artificial insemination is made on the wife, not on
on August 3, 1988, conjugal partnership of gains shall another woman;
govern the property relations because Art. 119 of the NCC 2. The artificial insemination on the wife is done with the
will apply. The provisions of the FC shall have no sperm of the husband or of a donor, or of both the husband
retroactive effect because it shall impair vested rights. and a donor;
2. Subsequent marriage contracted within one year from the 3. The artificial insemination has been authorized or ratified
death of the deceased spouse without liquidation of the by the spouse on a written instrument executed and signed
community property or conjugal partnership of gains, by them before the birth of the child; and
either judicially or extrajudicially, as required under Arts. 4. The written instrument is recorded in the civil registry
103 and 130 of the FC. In such case, a mandatory regime of together with the birth certificate of the child (FC, Art.
complete separation of property shall govern the 164).
subsequent marriage (Rabuya, 2017).
Rights of legitimate children (FC, Art. 174)
1. To bear the surname of the father and the mother;
2. To receive support from their parents, their ascendants,
Rules governing family relations
and in proper cases, their brothers and sisters;
3. To be entitled to the legitimate and other successional
Family relations are governed by law. No custom, practice or
rights granted to them by Art. 174 of the Family Code.
agreement destructive of the family shall be recognized or
given effect (FC, Art. 149).
Presumption of legitimacy (2006, 2008, 2010 BAR)
Family Home
Article 164 of the Family Code provides that the children
conceived or born during the marriage of the parents are
It is the dwelling house where the husband and wife and their
family reside, and the land on which it is situated. It is
constituted jointly by the husband and the wife or by an
Basis of the presumption:it does not only flow out from a
unmarried head of a family (FC, Art. 152).
declaration contained in the statute but is based on the broad
principles of natural justice and the supposed virtue of the
The FH is deemed constituted on a house and lot from the time
mother. The presumption is grounded in a policy to protect
it is occupied as a family residence FC, (Art. 153).


innocent offspring from the odium of illegitimacy (Liyao, Jr. v. a. Physical incapacity of the husband to have sexual
Tanhoti-Liyao, G.R. 138961, March 7, 2002). intercourse with his wife;
b. The fact that the husband and wife were living
The presumption of legitimacy under Article 164 of the Family separately in such a way that sexual intercourse was
Code may be availed only upon convincing proof of the factual not possible; or
basis therefor, i.e., that the child’s parents were legally married c. Serious illness of the husband which absolutely
and that his/her conception or birth occurred during the prevented intercourse.
subsistence of that marriage. Else, the presumption of law that
a child is legitimate does not arise (Angeles v. Maglaya, G.R. No. 2. Proved that for biological or other scientific reasons, the
153798, September 2, 2005). child could not have been that of the husband, except in
the case of children conceived through artificial
NOTE: The child by himself cannot choose his own filiation. insemination.
Neither can he elect the paternity of the husband of his mother 3. In case of children conceived through artificial
when the presumption of his legitimacy has been successfully insemination, the written authorization or ratification of
overthrown. either parent was obtained through mistake, fraud,
violence, intimidation or undue influence.
Rule on status of child where the mother contracted
another marriage within 300 days after termination of the Kinds of proof of filiation (1995, 1999, 2010)
former (1999)
1. Primary proof consists of the ff:
The child shall be considered as conceived during the: a. Record of birth appearing in civil registrar or final
1. Former marriage– if child is born: b. Admission of legitimate filiation in public document
Before 180 days after the solemnization of the or private handwritten instrument signed by parent
subsequent marriage, provided it is born within 300 concerned.
days after termination of former marriage 2. Secondary consists of the ff:
2. Subsequent marriage –if a child is born: a. Open and continuous possession of legitimacy;
180 days after the celebration of the subsequent b. Any means allowed by the Rules of Court and special
marriage, even though it be born within 300 days after laws.
the termination of the former marriage.
Rights of an illegitimate child
ACTION TO CLAIM LEGITIMACY 1. They shall use the surname of the mother;
2. They shall be under the parental authority of the mother;
BASIS ACTION TO ACTION TO 3. They shall be entitled to support in conformity with the FC;
IMPUGN CLAIM 4. They shall be entitled to a legitime which shall consist of ½
LEGITIMACY LEGITIMACY of the legitime of a legitimate child (Art. 176).
Remedy Action to impugn Action to claim
legitimacy or legitimacy Legitimated Children
illegitimacy. (compulsory
recognition). Children conceived and born outside of wedlock of parents
Real party in GR: Husband GR: Child who, at the time of conception of the former, were not
interest XPNs: Heirs, in cases XPNs: Heirs of the disqualified by any impediment to marry each other, or were so
where: child, in cases where: disqualified only because either or both of them were below
1. Husband died 1. Child died in state eighteen (18) years of age, may be legitimated (Art. 177, FC as
before the of insanity amended by R.A. 9858).(1990, 2004, 2008, 2009 BAR)
expiration of the 2. Child died during
period for minority ADOPTION
bringing the
action; NOTE: Must be filed Domestic Adoption Act of 1998 (RA 8552)
2. Husband died within 5 years.
after filing the Who can adopt
without having 1. Filipino citizens;
desisted; 2. Aliens;
3. Child was born 3. Guardians with respect to their ward
after the death of
husband. NOTE: Guardian may only adopt his ward after the
Prescription 1 year – husband GR: During the lifetime termination of guardianship and clearance of his financial
resides in the same of the child accountabilities.
municipality or city XPN: Lifetime of the
where birth took putative father Qualifications of a Filipino who may adopt
2 years – husband
In cases where the
does NOT reside in
action is for the 1. Must be of legal age;
the same
recognition of 2. In a position to support and care for his children;
municipality or city
illegitimate child by 3. Good moral character;
3 years – husband is
“open and continuous 4. Full civil capacity and legal rights;
living abroad possession” of the 5. has not been convicted of any crime involving moral
status. turpitude;
Legitimacy of the child may be impugned only on the 6. Emotionally and psychologically capable of caring for
following Grounds: children;
7. GR: At least 16 years older than adoptee
1. Physical impossibility for the husband to have sexual XPN: When the:
intercourse with his wife within the first 120 days of the a. Adopter is the biological parent of the adoptee,
300 days which immediately preceded the birth of the b. Adopter is the spouse of adoptee’s parent.
child because of:


Qualifications of an alien who may adopt under R.A. 8552 Who may rescind the adoption

1. Possesses same qualifications as those enumerated for The adoptee has the sole right to severe the legal ties created
Filipino adopters; by adoption and the one who will file the action for rescission.
2. His country has diplomatic relations with the Philippines; However, if the adoptee is still a minor or above 18 years of age
3. His government allows the adoptee to enter his country as but incapacitated, the Department of Social and Welfare
his adopted child Development as the adoptee’s guardian or counsel may assist
4. He has been certified by his diplomatic or consular office the adoptee for rescinding the decree of adoption.
or any appropriate government agency that he has the
legal capacity to adopt in their country NOTES:
5. GR: Has been living in the Philippines for at least 3
continuous years prior to the application for adoption and 1. Joint adoption is only allowed between husband and wife.
maintains such residence until adoption decree has been 2. The use of the word “shall” in the above-quoted provision
entered. means that joint adoption by the husband and the wife is
XPNs: mandatory. This is in consonance with the concept of joint
a. He is a former Filipino who seeks to adopt a relative parental authority over the child which is the ideal
within the 4th civil degree of consanguinity or affinity, situation. As the child to be adopted is elevated to the level
b. He is married to a Filipino and seeks to adopt jointly of a legitimate child, it is but natural to require the spouses
with his spouse a relative within the 4th degree of to adopt jointly. (In Re: Petition for Adoption of Michelle P.
consanguinity or affinity, Lim, In Re: Petition for Adoption of Michael Jude P. Lim,
c. He is married to a Filipino and seeks to adopt the Monina P. Lim, G.R. Nos. 168992-93, May 21, 2009).
legitimate or illegitimate child of his Filipino spouse.
Intercountry Adoption Act of 1995 (R.A 8043)
Rule on Joint Adoption of Spouses
Who can adopt:
GR: Husband and wife shall adopt jointly (Sec. 7, Article 3, RA
8552) 1. Any alien;
2. Filipino citizen, both permanently residing abroad.
Qualifications needed for a Filipino or alien to adopt (Sec.
a. One spouse seeks to adopt the legitimate son or 9)
daughter of the other;
b. One spouse seeks to adopt his own illegitimate son or 1. At least 27 years old and 16 years older than the child
daughter, PROVIDED, that the other signifies his to be adopted at the time of the application unless:
consent a. adopter is the parent by nature of the child;
b. adopter is the spouse of the parent by nature of
NOTE: In seeking to adopt his own illegitimate son or the child to be adopted
daughter, the law requires that the consent of the spouse 2. If married, his spouse must jointly file for adoption;
of the adopter must be given to such adoption. If on the 3. Has the capacity to act or assume all rights and
other hand, the spouse would adopt the illegitimate son or responsibilities of parental authority;
daughter of the other, joint adoption is still mandatory 4. Not been convicted of a crime involving moral
c. Spouses are legally separated. 5. Eligible to adopt under his national law;
6. In a position to provide for proper care and support
Who may be adopted and give necessary moral values;
7. Agrees to uphold the basic rights of the child mandated by
1. Any person below eighteen (18) years of age who has been the UN convention of rights of Child and the Philippine
administratively or judicially declared available for Laws;
adoption; 8. Comes from a country with which the Philippines has
2. The legitimate son/daughter of one spouse by the other diplomatic relations and adoption is allowed under his
spouse; national law;
3. An illegitimate son/daughter by a qualified adopter to 9. Possesses all the qualifications and none of the
improve his/her status to that of a legitimate; disqualifications under the law or other applicable
4. A person of legal age if, prior to the adoption, said person Philippine laws.
has been consistently considered and treated by the
adopter(s) as his/her own child since minority; SUPPORT
5. A child whose adoption has been previously rescinded; or
6. A child whose biological or adoptive parent(s) has Rules on support of illegitimate children of either spouse
died: Provided, that no proceedings shall be initiated 1. ACP or CP- For the support of the following:
within six (6) months from the time of death of said a. spouses;
parent(s). (Sec. 8, RA 8552). b. common children of the spouses; and
c. legitimate children of either spouse
Rights of an Adopted Child
NOTE: If the community property or the conjugal
1. Right to use the surname of the adopter partnership is insufficient to cover them, the spouses shall
2. Right to support be solidarily liable for the unpaid balance with their
3. Right to succession separate properties.

Grounds upon which an adoptee may seek judicial 2. Separate property of person- For the support of the
rescission of the adoption (S-A-R-A) following:
a. illegitimate children;
1. Sexual assault or violence committed against the b. legitimate ascendants;
adoptee by the adopter;Attempt on the life of the c. descendants, whether legitimate or illegitimate;
adoptee; d. brothers and sisters, whether legitimately or
2. Repeated physical and verbal maltreatment by the illegitimately related (Rabuya, 2017).
adopter despite having undergone counseling;
3. Abandonment and failure to comply with parental Persons obliged to support each other (2008)
obligations by the adopter.


1. Spouses;
2. Legitimate ascendants & descendants; Q: Distinguish briefly but clearly between: Substitute
3. Parents and their legitimate children, and the legitimate parental authority and special parental authority
and illegitimate children of the latter;
4. Parents and their illegitimate children, and the legitimate A:
and illegitimate children of the latter;
5. Legitimate brothers and sisters whether full or half-blood Substitute Parental Special Parental
(Art. 195). Authority Authority
NOTE:Brothers and sisters not legitimately related are likewise the parents lose their the parents or anyone
bound to support each other. However, when the need for parental authority in exercising parental
support of the brother or sister, being of age, is due to a cause favor of the substitute authority does not lose
imputable to the claimant’s fault or negligence, in this case, the who acquires it to the parental authority
illegitimate brother or sister has no right to be supported exclusion of the parents
(Rabuya, 2017). The authority is not Exercises authority only
limited to the time the during the time that the
The liability to support should be observed in the following child is in their custody child is in their custody
order: or supervision or supervision
Displaces parental Concurs with parental
1. Spouse authority authority
2. Descendants in the nearest degree
3. Ascendants in the nearest degree ABSENCE
4. Brothers and sisters
Kinds of absence
PARENTAL AUTHORITY 1. Physical Absence
2. Legal Absence
Parental preference rule
3 Stages of Absence
The natural parents, who are of good character and who can
reasonably provide for the child are ordinarily entitled to 1. Provisional Absence – when a person disappears from his
custody as against all persons. domicile his whereabouts being unknown, without leaving
an agent to administer his property (Art. 381).
Exercise of parental authority in case of absence, death, 2. Declared Absence – when a person disappears from his
remarriage of either parent, or legal or de facto separation domicile and 2 years thereafter have elapsed without any
of parents news about him or since the receipt of the last news, or 5
years have elapsed in case he left a person to administer
1. Absence or death of either parent – parent present shall his property (Art. 384).
continue exercising parental authority 3. Presumptive Death – the absentee is presumed dead
2. Remarriage of either parent – it shall not affect the parental (Jurado, 2011)
authority over the children, unless the court appoints
another person to be the guardian of the person or Presumption of Death
property of the children (Art. 213).
3. Legal or de facto separation of parents – the parent Kinds of presumed death
designated by the court. 1. Ordinary presumption- disappears under normal
conditions without danger or idea of death.
Tender-Age Presumption 2. Extraordinary presumption- disappearance with great
probability of death.
GR: No child below 7 years of age shall be separated from the
mother because the law presumes that the mother is the best Rules in ordinary presumption of death
custodian. (2006) 1. In case of disappearance upon or before reaching the age
of seventy five (75) years:
XPN: When the court finds compelling reasons to consider a. After an absence of seven (7) years -the absentee is
otherwise. presumed dead for all purposes except, succession.
b. After an absence of ten (10) years - the absentee is
Special Parental Authority (2003, 2004, 2005, 2010) presumed dead for all purposes including succession.
2. Disappearance at the age of seventy six (76) years or older,
It is the parental authority granted by law to certain persons, after an absence of five (5) years -the absentee is
entities or institutions in view of their special relation to presumed dead for all purposes including succession.
children under their supervision instruction or custody. It is
denominated as special because it is limited and is present only Presumption of death of absentee under an ordinary
when the child is under their supervision instruction or presumption
custody. It can also co-exists with the parents’ parental
authority. Absentee is presumed to have died under an ordinary
presumptionat the end of the 5, 7, or 10 year period, as the case
The scope of special parental authority and responsibility may be.
applies toall authorized activities, whether inside or outside the
premises of the school, entity or institution. Presumption of death for all purposes

The nature of the liability of persons having special parental The following are presumed dead for all purposes including the
authority over said minors for their acts or omissions causing division of estate among heirs in case of extraordinary
damage to another is principal and solidary. The parents, presumption of death (Art. 391):
judicial guardians or the persons exercising substitute parental 1. Person on board a vessel lost during a sea voyage, or an
authority over said minor shall be subsidiarily liable (NCC, Art. airplane which is missing, who has not been heard of for
219). (2003, 2010) four (4) years since the loss of the vessel or airplane;
Persons who may exercise special parental authority 2. Person in the armed forces who has taken at in war, and
1. School has been missing for four (4) years;
2. School administrators 3. Person who has been in danger of death under other
3. School teachers circumstances and his existence has not been known for
4. Individual, entity or institution engaged in child care four (4) years.



Accion interdictal
It is a summary action to recover physical or material
possession only and it must be brought within one year from
the time the cause of action arises. It may be:
1. Forcible Entry
All things which are or may be the object of appropriation
2. Unlawful detainer
considered as either real or personal property (NCC, Art. 414).

It is an object or a right which is appropriated or susceptible of Forcible Entry Unlawful Detainer

appropriation by man, with capacity to satisfy human wants As to when possession became unlawful
and needs (Pineda, 1999). Possessionofthedefendantis Possession is inceptively
unlawful from the beginning lawful but becomes illegal
NOTE: Property does not only cover material things because it as he acquired possession by from the time defendant
mentions of rights which could either be classified as real or force, intimidation, strategy, unlawfully withholds
personal right. threat or stealth (FISTS). possession after the
expiration or termination of
CLASSIFICATION his rightthereto.

1. For a machinery to become immovable under Art. 415 (5) NOTE: The question of
of the NCC, the machinery must be installed by the owner possession is primordial,
of the tenement. However, the property becomes whiletheissueofownershipis
immovable when there is a provision in the lease contract generally unessential in
making the lessor, at the end of the lease, owner of the unlawful detainer (Rosa Rica
machinery installed by the lessee, the said machinery is SalesCenterv.Sps.Ong,G.R.
considered to have been installed by the lessor through the 132197,August16,2005).
lessee who acted merely as his agent. (Davao Sawmill v.
Castillo, 61 Phil 709). As to necessity of demand
No previous demand for the Demandisjurisdictionalifthe
2. A warehouse which is a construction adhered to the soil is defendant to vacate is ground is non-payment of
an immovable by nature under Art. 415(1), and the proper necessary. rentals or failure to comply
venue of any case to recover ownership of the same should with the lease contract.
be the place where the property is located (1997 BAR). As to necessity of proof of prior physical
3. A floating platform made of wood and metal is an Plaintiff must prove that he Plaintiffneednothavebeenin
immovable property under Art. 415(9) NCC since it is was in prior physical prior physicalpossession.
intended to remain permanently where it is situated, even possession of the premises
if it is tethered to a ship which is anchored to the seabed. until he was deprived thereof NOTE: The fact that
The equipment and living quarters attached therein by the defendant. petitioners are in possession
are likewise immovable property under Art. 415 (3) of of the lot does not
the NCC as it is attached to an immovable in a fixed automatically entitle them to
manner, in such a way that it cannot be separated remaininpossession(Ganilla
therefrom without breaking the material or deterioration v.CA,G.R.No.150755,June28,
of the object. The equipment can also be classified as an 2005).
immovable property under Art. 415 (5) NCC because such
equipment are "machinery, receptacles, instruments or As to when 1 year period is counted from
implements intended by the owner of the tenement for an 1 year period is generally 1 year period is counted from
industry or works which may be carried on in a building or counted from the date of thedateoflastdemandorlast
on a piece of land and which tend directly to meet the actualentryofthelandexcept if letter ofdemand.
needs of the industry or works." The trees, plants and stealth, fromdiscovery.
flowers planted in the garden area of the platform are
likewise immovable property under Art. 415 NCC which Accion publiciana
classifies as an immovable property "trees, plants and
growing fruits, while they are attached to the land or form It is an ordinary civil proceeding to recover the better right of
an integral part of an immovable, the petroleum operation possession, except in cases of forcible entry and unlawful
facility” (2007 BAR). detainer. What is involved here is not possession de facto but
possession de jure.
Accion reinvindicatoria
It is the juridical relation of a person over a thing by virtue of
which said person has the exclusive power or authority to It is anaction to recover real property based on ownership.
receive all the benefits and advantages arising from said thing, Here, the object is the recovery of the dominion over the
save those restricted by law or the recognized rights of others. property as owner.

Q: What are the kinds of ownership? Where the facts averred in the complaint reveals that the action
is neither one of forcible entry nor unlawful detainer but
1. Full ownership- this includes all rights of an owner; essentially involves a boundary dispute, the same must be
2. Naked ownership- this is ownership where the right resolved in an accion reinvindicatoria (Sarmiento v. CA, G.R. No.
to the use and the fruits has been denied; 116192, November 16, 1995).
3. Sole ownership- where the ownership is vested only
inone person; and Q: What are the requisites in an action to recover real
4. Co-ownership- when the ownership is vested in 2 property?
ormore owners.
1. Clearly identify the land he is claiming in accordance with
Q: What are the distinctions between accion the title/s on which he bases his right of ownership; and
reivindicatoria, accion publiciana, accion interdictal? 2. Prove that he has a better title than the defendant
a. Best proof is a Torrens certificate.


b. Tax receipts, tax declarations are only prima facie 443)

evidence of ownership; it is rebuttable.

Owner No necessity to Owns fruits

Q: Distinguish between principle of self-help and state of reimburse the provided he pays
necessity. planter of expenses planter expenses
since the planter for production,
PRINCIPLE OF SELF-HELP STATE OF NECESSITY retains the fruits gathering and
(Art. 544(1)) preservation (Art.
Availed by another person 443)
Invoked by the owner or
Standing Crops
lawful possessor in against someone else’s
Planter in GF Planter in BF
protection of his right to property for the purpose of
Planter Reimbursed for Loses what is built,
prevent other persons averting an imminent danger expenses, for planted or sown
from interfering with the to himself or to another production, without right to
property. person or their property. gathering and indemnity (Art
preservation 449)
Q: What is a hidden treasure? Entitled to
reimbursement for
A: Any hidden and unknown deposit of money, jewelry orother the necessary
precious objects, the lawful ownership of which doesnot expenses of
appear. preservation of the
land (Art. 452)
Hidden treasures refer to processed items such as deposit Owner Owns fruits Owns fruits (Art.
ofmoney, jewelry, precious objects (gold bar, silver coins). provided he pays 449)
Itdoes not refer to raw materials which are considered of planter expenses
valuewhich are considered as natural resources. for production,
gathering and
Q: State the rule regarding hidden treasure. preservation (Art.
A: G.R.: If owner is finder, it totally belongs to the owner
of theland, building, or other property where it is Rule when the land owner is the builder, planter or sower
found. (1999 BAR)

XPN: If the finder is different from the owner, the Land Owner and Builder,
finder isentitled to 1/2 Owner of Materials
Planter or Sower
Good Faith Good Faith
Q: What are the requisites to be entitled to ½ share?
Acquire building etc. after 1. Receive indemnity for
paying indemnity for value of value of materials; or
materials (Art. 447) 2. Remove materials if w/o
injury to works, plantings
1. Discovery was made on the property of another, or of the
or constructions (Art.
State or any of its political subdivisions;
2. Discovery was made by chance (The finder had no intention
to search for the treasure. There is no agreement between Bad Faith Good Faith
the owner of the property and the finder for the search of Acquire building etc. after 1. Be indemnified for value
the treasure); and paying value of materials AND of materials and
3. He is not a trespasser or agent of the landowner. indemnity for damages, damages; or
subject to the right of the 2. Remove materials, w/ or
NOTE: The state may in the interest of science or arts owner of materials to remove w/o injury and be
acquiresuch hidden treasure at a just price. (Art. 447) indemnified for damages
(Art, 447)
ACCESSION Good Faith Bad Faith
1. Acquire w/o paying 1. Lose materials w/o being
It may be defined as the right pertaining to the owner of a thing indemnity and right to indemnified and pay
over everything which is produced thereby, or which is damages (Art 445 and 449, damages (Art 445 and
incorporated or attached thereto, either naturally or artificially by analogy) 449, by analogy)
(Art. 440). 2. Pay necessary expenses 2. Recover necessary
for preservation (Art. 452 expenses for
He who receives the fruits has the obligation to pay the & 546) preservation of land
expenses made by a third person in their production, gathering without the right to
and preservation. retain the thing until the
indemnity is paid (Art.
NOTE: Only such as are manifest or born are considered as 452 & 546)
natural or industrial fruits. With respect to animals, it is Bad Faith Bad Faith
sufficient that they are in the womb of the mother, although As though both acted in good faith (in pari delicto)
unborn. (Art. 453) (1999 BAR)

Rule if the planter and owner of the land are different Rule when the land owner is NOT the builder, planter or
Gathered Fruits Builder, Planter,
Planter in GF Planter in BF Land Owner Sower and Owner of
Planter Keeps fruits (Art. Reimbursed for Materials
544 (1)) (2008 expenses for Good Faith Good Faith
BAR) production, He can either: (Art. 448) (1992, If the Land Owner:
gathering and 1996, 2000, 2001 BAR) 1. Acquires the
preservation (Art. 1. Acquire improvements after improvements


paying indemnity for: after paying a. Acquire improvements

a. Necessary expenses, indemnity, Builder, improvements without right to
and Planter, or Sower without paying be indemnified
b. Useful expenses has the right to indemnity and collect unless the latter
which could either retain the thing damages (Art. 445 & sells the land (Art.
be: (and cannot be 449) 449)(1996, 2000
a. Original costs of required to pay b. Order the demolition BAR)
improvements rent) until of work or 2. Recover necessary
b. Increase in the value indemnity is paid restoration to former expenses for
of the whole (Art. 443 (Art. 546) condition and collect preservation of
& 546) damages in both land without the
If the useful cases (Art. 450) right to retain the
2. Sell the land to builder and improvements can c. Sell the land to thing until the
planter or collect rent from be removed builder and planter or indemnity is paid
sower unless the value of the without damage to rent it to the sower, (Art. 452 & 546)
land is considerably greater the principal thing, and collect damages 3. Pay damages to
than the building etc., in which the Builder, Planter in both cases (Art. land owner (Art.
case, the builder and planter or Sower may 450) (2008 BAR) 451)
shall pay rent. remove them, 2. Pay necessary expenses for
unless the person preservation (Art. 452 & 546).
The parties shall agree upon who recovers the Bad Faith Good Faith
the terms of the lease and in possession Acquires improvements after 1. Receive indemnity
case of disagreement, the court exercises the other paying indemnity and damages to for improvements
shall fix the terms thereof. (Art. 547 & 447) builder, planter, sower, unless the and receive
latter decides to remove (Art. 454, damages; or
2. Sells the land, 447) 2. Remove them in
Builder or Planter any event and
cannot be obliged He cannot compel the builder receive damages
to buy the land if its planter or sower to buy the land. (Art. 454 & 447).
value is
considerably more The reason why said article (Art.
than that of the 447) applies may be explained as
building or trees. follows:
That if the land owner
In such case, he knew that something was
shall pay being built, planted or
reasonable rent. sown on his land by
another and he did not
The parties shall interpose any objection
agree upon the thereto, it is as if he was
terms of the lease the one building, planting
and in case of or sowing in bad faith on
disagreement, the his own land with
court shall fix the materials belonging to
terms thereof (Art. another, using the owner
448). (1992, 1996, of the materials as his
1999, 2000, 2001 worker (Rabuya, 2008).
BAR) Bad Faith Bad Faith
Good Faith Bad Faith As though both acted in good faith (in pari delicto)
1. The land owner can either: 1. Lose (Art. 453)

Rules when landowner (LO) – builder/planter/sower (BPS)

makes constructions/plantings w/ materials of another (OM):


LO-BPS can acquire the materials provided there is full OM is entitled to full payment for value of materials or OM may
payment. remove materials provided there is no substantial injury to work done.
LO-BPS can acquire the materials provided there is full OM is entitled to full payment for value of materials plus damages or
payment plus damages. OM may remove materials even if there will be substantial injury to
work done plus damages.
LO-BPS can acquire the materials without paying for the OM loses materials without indemnity and will be liable for damages
value thereof and will be entitled to damages due to due to defects or inferior quality of materials.
defects or inferior quality of materials.
Same as A. Same as A.

Rules when builder/planter/sower (BPS)

builds, plants or sows on the land of another (LO):


Option 1: To purchase whatever has To receive indemnity for necessary, useful and luxurious expenses (if the LO wants to
been built, planted or sown after appropriate the luxurious improvements) with right of retention over the land without
paying indemnity which includes


obligation to pay rent until full payment of indemnity.

necessary expenses, useful expenses
and luxurious expenses (if the LO To remove useful improvements provided it does not cause any injury (this is part of
wants to appropriate the luxurious right of retention).
If LO does not appropriate luxurious improvements, BPS can remove the same provided
there is no injury to the principal thing (land or building).
Option 2: To oblige the BP to buy the To purchase land at fair market value when value is not considerably more than that of
land or the S to pay the proper rent the building or trees.
unless the value of the land is
considerably more than that of the If BPS cannot pay purchase price of land, LO can require BPS to remove whatever has
building or trees. been built, planted or sown.

If the value of land is considerably more than that of the building or trees, BPS cannot be
compelled to buy the land. In such case, BPS will pay reasonable rent if LO does not
choose Option 1.

If BPS cannot pay the rent, LO can eject BPS from the land.
Option 1: To acquire whatever has Loses whatever has been built, planted or sown without indemnity and liable to pay
been built, planted or sown without damages.
paying indemnity except necessary
expenses for preservation of land and Entitled to reimbursement for necessary expenses for preservation of land but no right of
luxurious expenses (should LO want to retention.
acquire luxurious improvements) plus
damages. Entitled to reimbursement for useful expenses but cannot remove useful improvements
even if removal will not cause injury.

Not entitled to reimbursement for luxurious expenses except when LO wants to acquire
luxurious improvements (value of which will be the one at the time LO enters into

Entitled to remove luxurious improvements if it will not cause injury and LO does not
want to acquire them.
Option 2: To oblige BP to buy land or Obliged to pay for land or proper rent and pay damages.
S to pay proper rent plus damages.
Option 3: To compel BPS to remove Obliged to remove or demolish work done at his expense and pay damages.
or demolish work done plus
To acquire whatever has been built, If LO acquires whatever has been built, planted or sown, BPS must be indemnified the
planted or sown by paying indemnity value thereof plus damages.
plus damages.
(If LO does not acquire whatever has been built, planted or sown, BPS cannot insist on
purchasing land).

BPS can remove whatever has been built, planted or sown regardless of whether or
not it will cause injury and will be entitled to damages.
Same as A. Same as A.


Rule when the land owner, builder, planter, sower and owner of materials are different persons

Land Owner Builder, Planter, Sower Owner of Materials

Good Faith Good Faith Good Faith
He shall answer subsidiarily for their Pay value of materials to its owner (Art. 455). 1. Collect value of materials primarily
value and only in the event that the one from builder, planter, sower,
who made use of them has no property and subsidiarily from land owner (Art.
with which to pay (Art. 455). 455) or
If the Land Owner:
and 2. Remove the materials only if w/o
1. Acquires the improvement, Builder, injury to the work constructed, or
He can either: (Art. 448) Planter, or Sower may demand from the without the plantings, constructions
1. Acquire improvements after paying landowner the value of the materials and or works being destroyed (Art. 447).
indemnity for: labor (Art 455).
a. Necessary expenses, and NOTE: Landowner is subsidiarily
b. Useful expenses which could And he has the right to retain the thing liable only if he
either be: (and cannot be required to pay rent) until appropriates/acquires the
a. Original costs of improvements indemnity is paid (Art. 546). improvements.
b. Increase in the value of the
whole (Art. 546 & 443) If the useful improvements can be
2. Sell the land to builder and planter removed without damage to the principal
or collect rent from sower unless thing, the possessor in good faith may
the value of the land is considerably remove them, unless the person who
greater than the building etc., in recovers the possession exercises the
which case, the builder and planter other (Art. 547 & 447)
shall pay rent. 2. Sells the land or rents it, Builder or
Planter cannot be obliged to buy the land
The parties shall agree upon the if its value is considerably more than that
terms of the lease and in case of of the building or trees.
disagreement, the court shall fix the
terms thereof. In such case, he shall pay reasonable rent.

The parties shall agree upon the terms of

the lease and in case of disagreement, the
court shall fix the terms thereof (Art. 448).
Good Faith Good Faith Bad Faith
Land Owner can either: (Art. 448) If the Land Owner: 1. Loses materials without right to
indemnity (Art. 449)
1. Acquire improvements after paying 1. Acquires the improvement, Builder, 2. Pays damages (Art. 451)
indemnity for: Planter, or Sower has the right to retain
a. Necessary expenses, and the thing (and cannot be required to pay The builder, planter or sower would be
b. Useful expenses which could rent) until indemnity is paid (Art. 546). considered merely an agent of the owner
either be: of materials.
a. Original costs of If the useful improvements can be
improvements removed without damage to the Therefore, the provisions of Article 449 of
b. Increase in the value of principal thing, the possessor in good the Civil Code will apply by analogy. He is
the whole (Art. 546 & 443) faith may remove them, unless the even liable for damages (Rabuya, 2008).
2. Sell the land to builder and planter person who recovers the possession
or collect rent from sower unless exercises the other (Art. 547).
the value of the land is considerably 2. Sells or rents it, Builder or Planter cannot
greater than the building etc., in be obliged to buy the land if its value is
which case, the builder and planter considerably more than that of the
shall pay rent. building or trees.

The parties shall agree upon the In such case, he shall pay reasonable
terms of the lease and in case of rent.
disagreement, the court shall fix the
terms thereof. The parties shall agree upon the terms of
the lease and in case of disagreement, the
Without subsidiary liability for cost court shall fix the terms thereof (Art.
of materials 448).Without indemnity to owner of
materials and collects damages from him.
Good Faith Bad Faith Bad Faith
1. Option to: 1. Lose improvements without right to be 1. Recover value from builder, planter,
a. Acquire improvements without indemnified unless the landowner sells the sower (in pari delicto)
paying indemnity and collect land (Art. 449)
damages (Art. 445 & 449) 2. If builder, planter, sower acquired
b. Order the demolition of work 2. Recover necessary expenses for improvements, remove the materials only
or restoration to former preservation of land without the right to if w/o injury to the work constructed, or
condition and collect damages retain the thing until the indemnity is paid without the plantings, constructions or
in both cases (Art. 450) (Art. 452 & 546) works being destroyed (Art. 447)
c. Sell the land to builder and
planter or rent it to the sower, 3. Pay the value of the materials to the 3. No action against land owner; and
and collect damages in both owner of the materials.
cases (Art. 450) 4. May be liable to the land owner for
2. Has right to demand damages from Since both the owner of the materials and the damages (Art. 451)
both (Art. 451) builder, etc. acted in bad faith, as between
3. Pay necessary expenses for them, they are treated as having both acted in


preservation (Art. 452 & 546) good faith (De Leon, 2006)
4. Not subsidiarily liable to the owner
of the materials because as to him, 4. Pay damages to land owner (Art. 451).
the two acted in bad faith (De Leon,
Bad Faith Bad Faith Bad Faith

Same as though both acted in good faith (in pari delicto) (Art. 453)

Bad Faith Good Faith Good Faith

1. Acquires improvements after paying If he pays the owner of the materials, plants or 1. Collect value of materials primarily
indemnity and damages, unless the seeds: from builder, planter, sower, subsidiarily
latter decides to remove (Art. 454, 447 & from land owner (Art. 455) or
443). i. He may demand from the landowner the
value of the materials and labor (Art 455) 2. Remove the materials in any event,
2. Cannot compel builder, planter and and shall also be obliged to the reparation with a right to be indemnified for damages
sower to buy land. of damages (Art. 447) or (Art. 447)
ii. Remove the materials in any event, with a
right to be indemnified for damages (Art.
454 & 447)
Bad Faith Bad Faith Good Faith
The owner of the land shall answer 1. Collect value of materials primarily
subsidiarily for their value and only in Pay value of materials to its owner (Art. 455) from builder, planter, sower, subsidiarily
the event that the one who made use of from land owner (Art. 455) or
them has no property with which to pay and
(Art. 455) 2. Remove the materials in any event,
If the Land Owner: with a right to be indemnified for damages
and (Art. 447)
1. Acquires the improvement, Builder,
Land Owner can either: (Art. 448) Planter, or Sower may demand from the
landowner the value of the materials and labor
1. Acquire improvements after paying (Art 455)
indemnity for:
a. Necessary expenses, and And he has the right to retain the thing (and
b. Useful expenses which could cannot be required to pay rent) until
either be: indemnity is paid (Art. 546).
i. Original costs of
improvements If the useful improvements can be removed
ii. Increase in the value of the without damage to the principal thing, the
whole (Art. 546 & 443) possessor in good faith may remove them,
unless the person who recovers the possession
2. Sell the land to builder and planter exercises option 2. (Art. 547 & 447)
or collect rent from sower unless the
value of the land is considerably greater 2. Sells or rents it, Builder or Planter cannot
than the building etc., in which case, the be obliged to buy the land if its value is
builder and planter shall pay rent. considerably more than that of the building or
The parties shall agree upon the terms
of the lease and in case of disagreement, In such case, he shall pay reasonable rent.
the court shall fix the terms thereof.
The parties shall aGRee upon the terms of the
lease and in case of disagreement, the court
shall fix the terms thereof (Art. 448).
Good Faith Bad Faith Good Faith
1. Option to: 1. Lose improvements without right to be 1. Collect value of materials primarily
a. Acquire improvements without indemnified unless the landowner sells the from builder, planter, sower, subsidiarily
paying indemnity and collect land (Art. 449) from land owner (Art. 455) or
damages (Art. 445 & 449).
b. Order the demolition of work 2. Recover necessary expenses for 2. Remove materials in any event if
or restoration to former preservation of land without the right to retain builder, planter, sower acquired materials.
condition and collect damages the thing until the indemnity is paid (Art. 452 &
in both cases (Art. 450). 546)
c. Sell the land to builder and
planter or rent it to the sower, 3. Pay value of materials to its owner plus
and collect damages in both damages (Art. 455)
cases (Art. 450).
2. Pay necessary expenses for 4. Pay damages to land owner (Art. 451)
preservation (Art. 452 & 546).

3. Subsidiarily liable to owner of


Bad Faith Good Faith Bad Faith

1. Acquires improvements after paying If he pays the owner of the materials, plants or 1. Lose materials without right to
indemnity and damages, unless the seeds: indemnity (Art. 449)
builder, planter or sower decides to
remove (Art. 454, 447 & 443). i. He may demand from the landowner the 2. Pay damages (Art. 451)
value of the materials and labor (Art 455)


2. Cannot compel builder, planter and and shall also be obliged to the reparation The builder, planter or sower would be
sower to buy land. of damages (Art. 447) or considered merely an agent of the owner of
ii. Remove the materials in any event, with a materials.
right to be indemnified for damages (Art.
454 & 447) Therefore, the provisions of Article 449 of
the Civil Code will apply by analogy. He is
even liable for damages (Rabuya, 2008).

Rights of owners over the thing in adjunction


Good Faith Good Faith
1. Acquire accessory and pay owner of the accessory for its 1. Receive payment for value of accessory; or
value; or 2. GR:Demand separation provided the thing suffers no injury.
2. Demand separation provided the thing suffers no injury. XPN: If accessory is more precious than principal, he may demand
separation w/ or w/o injury to the thing.
Good Faith Bad Faith
Acquire accessory w/o paying the owner of accessory and Lose accessory and pay damages.
entitled to damages.
Bad Faith Good Faith
1. Pay value of accessory and pay damages; OR 1. Receive payment and damages; or
2. Have the things separated, even though there is injury to 2. Have accessory separated w/ or w/o injury to principal and
the principal and pay damages. receive damages.
Bad Faith Bad Faith
Same as though both acted in good faith.

Rules regarding mixtures

1st Owner 2nd Owner

By Will of Both Owners or by Accident
Good Faith Good Faith
1. Right is subject to stipulations; OR
2. Right is in proportion to the part belonging to him (Co-ownership arises)
By Will of Only 1 Owner/ By Chance
Good Faith Good Faith
1. Have the things separated provided the thing suffers no injury; OR
2. If cannot be separated w/o injury, acquire interest on mixture in proportion to his part (co-ownership)
Bad Faith
Good Faith
(caused the mixture)
1st owner will lose his part on the mixture and pay damages to the 2 nd 2nd owner will acquire entire mixture and entitled to
owner damages
Good Faith
Bad Faith
(caused the mixture)
As if both acted in GF, because the 2nd owner in GF was the one who As if both acted in GF, since the 1st owner is in BF and the
caused the ratification, because the 1st owner 2nd owner who caused the mixture in GF in a way ratifies
the BF of 1st owner.

As if both acted in GF, because the 2nd owner in GF was the one who As if both acted in GF, since the 1st owner is in BF and the
caused the ratification, because the 1st owner 2nd owner who caused the mixture in GF in a way ratifies
the BF of 1st owner.
Respective rights of the maker and the owner of the
materials in specification

Maker (M) Owner of Materials (OM)

Good Faith Good Faith
GR:Appropriate the thing Receive payment for value of
Good Faith Good Faith
transformed and pay the materials.
owner of the materials for its 1. Receive payment for value 1. Appropriate new thing and
value. of his work; or pay the maker for the work;
2. Appropriate the new thing or
XPN: If the material is more and pay the owner of 2. Receive payment for value
precious than the thing materials for its value. of materials.
transformed, the owner of the Bad Faith Good Faith
materials has the option to:
1. Lose the new thing and pay 1. Appropriate the new thing
1. Acquire the work and
damages to owner of the without paying and receive
indemnify the maker for
materials; or damages; or
his labor; or
2. Pay value of materials and
2. Demand indemnity for the
damages to owner of the NOTE: Not available if


materials. the new thing is more CO-OWNERSHIP

valuable than materials
for scientific or artistic General rights of each co-owner as to the thing owned in
reasons. common

2. Receive payment for the 1. To use the thing according to the purpose intended
value of materials and provided that:
damages. a. It is w/o prejudice to the interest of the co-ownership;
QUIETING OF TITLE TO OR INTEREST IN AND REMOVAL OR b. w/o preventing the use of other co-owners (Art. 486).
PROPERTY 2. To share in the benefits in proportion to his interest,
provided the charges are borne in the same proportion
Q: What are the requisites for quieting of title? (Art. 485).

A: NOTE: A contrary stipulation is void. Hence, benefits

1. Plaintiff must have a legal or equitable title to, or interest cannot be stipulated upon by the co-owners.
in the real property which is the subject matter of the
action; 3. Each co-owner may bring an action for ejectment (Art.
2. There must be cloud in such title; 487).
3. Such cloud must be due to some
a. Instrument; NOTE: Action for ejectment covers; forcible entry,
b. Record; unlawful detainer, accion publiciana, quieting of title,
c. Claim; accion reivindicatoria, replevin.
d. Encumbrance; or 4. To compel other co-owners to contribute to expenses for
e. Proceeding which is apparently valid but is in truth preservation of the thing (Art. 488)
invalid, ineffective, voidable or unenforceable, and is 5. To oppose to any act of alteration (Art. 491) even if
prejudicial to the plaintiff’s title; and beneficial to the co-owners
4. Plaintiff must 6. To protect against acts of majority which are prejudicial
a. return to the defendant all benefits he may have to the minority (Art. 492, (3))
received from the latter; or 7. To exercise legal redemption
b. reimburse him for expenses that may have redounded 8. To ask for partition (Art. 494)
to his benefit. 9. Right to exempt himself from obligation of paying
necessary expenses and taxes by renouncing his share in
NOTE: Legal title denotes registered ownership, while the pro-indiviso interest; but cannot be made if prejudicial
equitable title means beneficial ownership. to co-ownership
10. Right to make repairs for preservation of things can be
The underlying objectives or reliefs sought in both the quieting- made at will of one co-owner; receive reimbursement
of-title and the annulment-of-title cases are essentially the same - therefrom; notice of necessity of such repairs must be
adjudication of the ownership of the disputed lot and nullification given to co-owners, if practicable
of one of the two certificates of title(GUNTALILIB v. DELA CRUZ 11. Right to full ownership of his part and fruits
DELA CRUZ G.R. No. 200042, July 7, 2016, Second Division, 12. Right to alienate, assign or mortgage own part; except
DEL CASTILLO, J.). personal rights like right to use and habitation
13. Right of pre-emption
Q: What is the difference between an action to quiet title 14. Right to be adjudicated thing (subject to right of others to
and action to remove cloud on title? be indemnified)
15. Right to share in proceeds of sale of thing if thing is
A: indivisible and they cannot aGRee that it be allotted to one
of them.
ACTION TO QUIET TITLE Duties/liabilities of co-owners
1. Share in charges proportional to respective interest;
To put an end to troublesome For the removal of a possible stipulation to contrary is void
litigation with respect to the foundation for a future 2. Pay necessary expenses and taxes – May be exercised by
property involved hostile claim only one co-owner
A remedial action A preventive action 3. Pay useful and luxurious expenses – If determined by
Involving a present adverse To prevent a future cloud on
4. Duty to obtain consent of all if thing is to be altered even if
claim the title
beneficial; resort to court if non-consent is manifestly
Q: In an ejectment case filed by Don against Cesar, can the 5. Duty to obtain consent of majority with regards to
latter ask for the cancellation of Don's title considering administration and better enjoyment of the thing;
that he (Cesar) is the rightful owner of the lot? Explain. controlling interest; court intervention if prejudicial –
(2005 BAR) Appointment of administrator
6. No prescription to run in favor of a co-owner as long as he
A: Cesar cannot ask for the cancellation of Don's title in the recognizes co-ownership; requisites for acquisition
ejectment case filed by Don against him. Under Section 48 of PD through prescription:
1529, the Property Registration Decree, a Torrents title shall a. He has repudiated through unequivocal acts
not be subject to callateral attack. It cannot be altered, modified b. Such act of repudiation is made known to other co-
or cancelled except in a direct proceeding in accordance with owners
law. The ejectment proceeding does not provide the proper c. Evidence must be clear and convincing
forum for the cancellation of Don’s title. While Cesar’s 7. Co-owners cannot ask for physical division if it would
counterclaim for cancellation of Don’s title may be considered a render thing unserviceable; but can terminate co-
direct attack, the same should nevertheless be denied on ownership.
procedural grounds because a Municipal or Metropolitan Trial 8. After partition, duty to render mutual accounting of
Court is without jurisdiction to cancel a Torrens title. benefits and reimbursements for expenses.


Q: A, B and C are the co-owners in equal shares of a accepting the value of his interest as equivalent to his share in
residential house and lot. During their co-ownership, the the taxes and expenses of preservation.
following acts were respectively done by the co- owners: ---
Q: Ambrosio died, leaving his three daughters, Belen,
1. A undertook the repair of the foundation of the Rosario and Sylvia a hacienda which was mortgaged to the
house, then tilting to one side, to prevent the Philippine National Bank due to the failure of the
house from collapsing. daughters to pay the bank, the latter foreclosed the
2. B and C mortgaged the house and lot to secure a mortgage and the hacienda was sold to it as the highest
loan. bidder. Six months later, Sylvia won the grand prize at the
3. B engaged a contractor to build a concrete fence lotto and used part of it to redeem the hacienda from the
all around the lot. bank. Thereafter, she took possession of the hacienda and
4. C built a beautiful grotto in the garden. refused to share its fruits with her sisters, contending that
5. A and C sold the land to X for a very good price. it was owned exclusively by her, having bought it from the
bank with her own money. Is she correct or not? (1993,
a) Is A’s sole decision to repair the foundation of 2000 BAR)
the house binding on B and C? May A require
B and C to contribute their 2/3 share of the A: Sylvia is not correct. The 3 daughters are the co-owners of
expense? Reasons. the hacienda being the only heirs of Ambrosio. When the
b) What is the legal effect f the mortgage property was foreclosed, the right of redemption belongs also
contract executed by B and C? Reasons. to the 3 daughters. When Sylvia redeemed the entire property
c) Is B’s sole decision to build the fence binding before the lapse of the redemption period, she also exercised
upon A and C? May B require A and C the right of redemption of her co-owners on their behalf. As
tocontribute their 2/3 share of the such, she is holding the shares of her two sisters in the property
expense?Reasons. and all the fruits corresponding thereto, in trust for them.
d) Is C’s sole decision to build the grotto binding Redemption by one co-owner inures to the benefit of all (Adille
upon A and B? May C require A and B to v. CA, G.R. No. L-44546, January 29, 1988). Sylvia, however, is
contribute their 2/3 share of the expense? entitled to be reimbursed the shares of her two sisters in the
Reasons. redemption price.
e) What are the legal effects of the contract of
sale executed by A, C and X? Reasons. POSSESSION
A: ---
a) Yes. A’s sole decision to repair the foundation is Q: Distinguish between possession and occupation as these
binding upon B and C. B and C must contribute terms are commonly used in Book II and Book III of the
2/3 of the expense. Each co-owner has the right Civil Code. (1997, 2007 BAR)
to compel the other co-owners to contribute to
the expense of preservation of the thing (the A: Possession is a real right, while occupation is one of the
house) owned in common in proportion to their original modes of acquiring ownership and other real rights.
respective interests (Arts. 485 and 488, Civil Possession, the holding of a thing or the exercise of a right, does
Code). not in itself constitute ownership. There can be possession
b) The mortgage shall not bind the 1/3 right and without ownership.
interest of A and shall be deemed to cover only ---
the rights and interests of B and C in the house Q: What are the modes of acquiring possession (FAMS)
and lot. The mortgage shall be limited to the 1. By Material occupation (detention) of a thing or the
portion (2/3) which may be allotted to B and C in exercise of a right (quasi-possession). Includes
the partiion (Art. 493, Civil Code). constitutum possessorium or traditio brevi manu.
2. By Subjection of the thing/right to our will which does not
c) B’s sole decision to build the concrete fence is not
require actual physical detention or seizure. Includes
binding upon A and C. Expenses to improve the
traditio longa manu and traditio simbolica..
thing owned in common must be decided upon by
3. By constructive possession or proper Acts and legal
a majority of the co-owners who represent the
Formalities such as succession, donation, execution of
contolling interest (Arts. 489 and 492, Civil Code).
public instruments. (Art. 531)
d) C’s sole decision to build the grotto is not binding
upon A and B who cannot be required to
Rights of a possessor
contribute to the expenses for the embellishment
of the thing owned in common if not decided
upon by the majority of the co-owners who
As to fruits received
represent the controlling interest (Arts. 489 and
492, Civil Code). Entitled to the fruits received Shall reimburse the fruits
before the possession is received and those which the
e) The sale to X shall not bind the 1/3 share of B and
legally interrupted legitimate possessor could
shall be deemed to cover only the 2/3 share of A
have received and shall have
and C in the land (Art. 493, Civil Code). B shall
the a right only to necessary
have the right to redeem the 2/3 share sold to X
expenses (Art. 546, par. 1) and
by A and C since X is a third person (Art. 1620,
expenses in the production,
Civil Code).
gathering and preservation of
such fruits (Art. 443)
Q: The renunciation by a co-owner of his undivided share
in the co-owned property in lieu of the performance of his As to pending fruits
obligation to contribute to taxes and expenses for the Liable with legitimate None
preservation of the property constitutes dacion en pago. possessor for expenses of
(2009 BAR) cultivation and shall share in
the net harvest in proportion
A: TRUE. Under the Civil Code, a co-owner may renounce his to the time of their possession
share in the co-owned property in lieu of paying for his share in As to expenses:
the taxes and expenses for the preservation of the co-owned (Necessary expenses)
property. In effect, there is dacion en pago because the co- Right of reimbursement and Right of reimbursement only
owner is discharging his monetary obligation by paying it with retention
his non-monetary interest in the co-owned property. The fact (Useful expenses)
that he is giving up his entire interest simply means that he is Right of reimbursement, None
retention and limited right of


removal proper authority and the necessary proof to bring the

(Ornamental Expenses) action (Art. 578).
Shall not be refunded but he Shall not be refunded but he 3. In a usufruct of part of a common property, to exercise all
has a limited right of removal, has a limited right of removal, the rights pertaining to the co-owner with respect to the
i.e. he may remove if the i.e. he may remove if the administration and collection of fruits or interests.
principal thing suffers no principal thing suffers no
injury thereby, and if the injury thereby, and if the Exercise acts of ownership by a usufructuary
lawful possessor does not lawful possessor does not
prefer to refund the amount prefer to retain them by GR: A usufructuary cannot exercise acts of ownership such as
expended paying its value at the time he alienation or conveyance.
enters into possession XPNs: When what is to be alienated or conveyed is a: (CIA)
As to liability in case of deterioration or loss 1. Consumable property
No liability, unless due to his Always liable 2. Property Intended for sale;
fraudulent act or negligence 3. Property which has been Appraised when delivered.

Possession cannot be recognized in two different personalities NOTE: If it has not yet been appraised or if it is not a
except in case of co-possession when there is no conflict. consumable: return the same quality (mutuum)

Criteria in case there is a dispute of possession of two or Rights of the usufructuary as to advances and damages
more persons The right to be:
1. Reimbursed for indispensable extraordinary repairs made
1. Present/actual possessor shall be preferred by him in the amount equal to the increase in value of the
2. If there are 2 possessors, the one longer in possession property (Art. 594)
3. If the dates of possession are the same, the one with a title 2. Reimbursed for taxes on the capital advanced by him (Art.
597, (2))
If all of the above are equal, the fact of possession shall be 3. Indemnified for damages caused by usufructuary to the
judicially determined, and in the meantime, the thing shall be naked owner (Art. 581)
placed in judicial deposit (Art. 538).
The right to possess a property follows the right of ownership;
consequently, it would be illogical to hold that a person having There can be no easement over another easement because an
ownership of a parcel of land is barred from seeking possession easement may be constituted only on a corporeal immovable
thereof(Spouses EDRALIN v. PHILIPPINE VETERANS BANK, property. An easement, although it is a real right over an
G.R. No. 168523, March 9, 2011, First Division, DEL immovable, is not a corporeal right. (1995 BAR)
A person claiming to be the owner of a property who is in actual
possession thereof have the right to seek reconveyance, which in Immovable in favor of That property or estate
effect seeks to quiet title to the property, which does not which, the easement is which is subject to the
prescribe. The reason for this is that one who is in actual established dominant estate
possession of a piece of land claiming to be the owner thereof
may wait until his possession is disturbed or his title is attacked Upon which an obligation
Which the right belongs
before taking steps to vindicate his right (PHILIPPINE rests.
PACE, G.R. No. 169901, August 3, 2011, First Division, DEL
CASTILLO, J.). Requisites for easement of right of way (1996, 2005, 2010
--- BAR)
1. The easement must be established at the point least
USUFRUCT prejudicial to the servient estate (Art. 649)
2. Claimant must be an owner of enclosed immovable or with
Rights of the usufructuary as to the thing and its fruits real right
3. There must be no adequate outlet to a public highway (Art.
1. To receive the fruits of the property in usufruct and half of 649, (1))
the hidden treasure he accidentally finds on the property 4. The right of way must be absolutely necessary not mere
(Arts. 566, 438) convenience
2. To enjoy any increase which the thing in usufruct may 5. The isolation must not be due to the claimant’s own act (Art.
acquire through accession (Art. 571) 649)
3. To personally enjoy the thing or lease it to another (Arts. 6. There must be payment of proper indemnity.
572-577) generally for the same or shorter period as the
usufruct Least prejudicial to the servient estate(1996, 2000, 2005,
4. To make such improvements or expenses on the property 2010 BAR)
he may deem proper and to remove the improvements “Least prejudicial” in determining the right of way means it is
provided no damage is caused to the property (Art. 579) the shortest way and the one which will cause the least damage
5. To set-off the improvements he may have made on the to the property to the servient estate in favor of the dominant
property against any damage to the same (Art. 580) estate.
6. To retain the thing until he is reimbursed for advances for
extraordinary expenses and taxes on the capital (Art. 612) Easements are extinguished by (MARINE-CREW) (2001,
7. To collect reimbursements from the owner for 2010 BAR)
indispensable extra ordinary repairs, taxes on the capital
he advanced, and damages caused to him 1. Merger of ownership of the dominant and servient owner
8. To remove improvements made by him if the same will not
injure the property NOTE: The merger must be absolute and complete, not
temporary. In the latter case, there is only suspension of
Rights of the usufructuary as to the usufruct itself easement.
1. To alienate, pledge or mortgage the right of usufruct, even
2. Annulment of the title to the servitude
by GRatuitous title (Art. 572)
3. Redemption aGReed upon
2. In a usufruct to recover property/real right, to bring the
4. Permanent Impossibility to use the easement
action and to oblige the owner thereof to give him the


5. Non-user : 10 years inter vivos (Art. 746); whereas in case of donation mortis
causa, acceptance is made after donor’s death because they
Reckoning point: partake of a will (Art. 728)

a. Discontinuous – counted from the day they ceased to Reversion in donation

be used.
b. Continuous – counted from the day an act adverse to It is a condition established in the deed of donation which has
the exercise takes place. for its effect the restoration or return of the property donated
6. Expiration of the term or fulfilment of the resolutory to the donor or his estate or in favor of other persons who must
condition be living at the time of the donation for any cause or
7. Bad Condition – when either or both estates fall into such a circumstances (Art. 757).If the reversion is in favor of other
condition that the easement could not be used but this is a persons who are not all living at the time of the donation, the
mere suspension of easement since possibility of use reversion stipulated shall be void, but the donation shall
revives the easement. remain valid.
8. Resolution of the right of GRantor to create the easement
(as when the vendor a retro redeems the land) Limitations imposed by law in making donations inter
9. Expropriation of the servient estate vivos
10. Waiver by the dominant owner gathered from positive 1. Donor must reserve sufficient means for his support and
acts (NCC, Art. 631). for his relatives who are entitled to be supported by him
--- (Art. 750).
An easement of right-of-way may be demanded by the owner of 2. Donation cannot comprehend future property except
an immovable or by any person who by virtue of a real right donations between future husband and wife (See Art. 84
may cultivate or use the same. However, with respect to FC).
inalienable lands of public domain, without an express 3. No person may give by way of donation more than he may
declaration by the State, the land remains to be a property of give by will
public dominion and hence, not susceptible to acquisition by
virtue of prescription. In the absence of such proof of Q: What are the formalities for donation of real/personal
declaration, a claim of ownership over the subject property properties?
based on prescription necessarily crumbles. Conversely, they
cannot demand an easement of right-of-way (Liwayway 1. As regards movable property: (1998, 2000, 2007 BAR)
Andres, et al. vs. Sta. Lucia Realty & Development, Inc., G.R. a. With simultaneous delivery of property donated:
No. 201405, August 24, 2015, DEL CASTILLO, J.). i. For P 5,000 or less – May be oral/written
ii. For more than P 5,000 – Written in public or
NUISANCE private document
b. Without simultaneous delivery:
Q: What is the doctrine of attractive nuisance? i. The donation and acceptance must be written in
a public or private instrument (Statute of
One who maintains on his premises dangerous Frauds), regardless of value. Otherwise, donation
instrumentalities or appliances of a character likely to attract is unenforceable.
children in play, and who fails to exercise ordinary care to
prevent children from playing therewith or resorting thereto, is 2. As regards immovable property:(1993, 2000, 2010 BAR)
liable to a child of tender years who is injured thereby, even if a. Must be in a public instrument specifying
the child is technically a trespasser in the premises (Jarco i. The property donated and
Marketing Corp. v. CA, G.R. No. 129792, December 21, 1999). ii. The burdens assumed by the donee
b. Acceptance may be made:
i. In the same instrument or
Q: A drug lord and his family reside in a small bungalow
ii. In another public instrument, notified to the
where they sell shabu and other prohibited drugs. When
donor in authentic form, and noted in both deeds.
the police found the illegal trade, they immediately
Otherwise, donation is void.
demolished the house because according to them, it was a
nuisance per se that should be abated. Can this demolition
Donations prohibited by law (1990, 2000 BAR)
be sustained? Explain. (2006 BAR)
Donations made:(LAW SCRA POP)
A: No, the demolition cannot be sustained. The house is not a
1. By individuals, associations or corporations not permitted
nuisance per se or at law as it is not an act, occupation, or
by Law to make donations; (Art. 1027)
structure which is a nuisance at all times and under any
2. By persons guilty of Adultery or concubinage at the time of
circumstances, regardless of location or surroundings. A
donation; (Art. 739)
nuisance per se is a nuisance in and of itself, without regard to
NOTE: The action for declaration of nullity may be
brought by the spouse of the donor or donee; and the guilt
of the donor and donee may be proved by preponderance
of evidence.
1. Occupation
2. Law
3. By a Ward to the guardian before the approval of accounts;
3. Donation
(Art. 1027)
4. Tradition
4. By Spouses to each other during the marriage or to
5. Intellectual creation
persons of whom the other spouse is a presumptive heir.
6. Prescription
(Art. 87, FC)
7. Succession
5. Between persons found guilty of the same Criminal
offense, in consideration thereof; (Art. 739)
6. To Relatives of such priest, etc. within the 4th deGRee, or to
Requisites of donation (ACID) the church to which such priest belongs; (Art. 1027)
7. To an Attesting witness to the execution of donation, if
there is any, or to the spouse, parents or children or
1. Donor must have Capacity to make the donation
anyone claiming under them; (Art. 1027)
2. He must have donative Intent (animus donandi)
8. To the Priest who heard the confession of the donor during
3. There must be Delivery in certain cases
the latter’s last illness, or the minister of the gospel who
4. Donee must Accept or consent to the donation during the
lifetime of the donor and of the donee in case of donation


extended spiritual aid to him during the same period; (Art. 2. Extinctive prescription or limitation of actions- loss of
1027) property rights or actions through the possession by
9. To a public Officer or his/her spouse, descendants or another of a thing for the period provided by law or
ascendants in consideration of his/her office; (Art. 739) failure to bring the necessary action to enforce one’s right
10. To a Physician, surgeon, nurse, health officer or druggist with in the period fixed by law. Rights and actions are lost
who took care of the donor during his/her last illness; (Art. by the lapse of time (NCC, Arts. 1106 and 1139).
NOTE: It is also referred to as prescription of actions,
NOTE: Any person who is forbidden from receiving any statute of limitations, and statute of repose.
donation under Art. 739 cannot be named beneficiary of a life
insurance policy by the person who cannot make any donation Instances when prescription is not allowed
to him (Art. 2012).
Grounds for revocation or reduction APPLICABLE
When it is possessed through a
1. Under Art. 760 crime such as robbery, theft, or
a. Birth of a donor’s child or children (legitimate, estafa.
legitimated, or illegitimate) after the donation, even
though born after his death. NOTE:The person who cannot
b. Appearance of a donor’s child who is missing and invoke the right of prescription is
thought to be dead by the donor. By Offender the offender or person who
c. Subsequent adoption by the donor of a minor child. committed the crime or offense,
2. Under Art. 764 –When the donee fails to comply with any not a subsequent transferee who
of the conditions which the donor imposed upon the did not participate in the crime
donee. or offense, unless the latter knew
the criminal nature of the
3. Under Art. 765 – by reason of ingratitude (EXCLUSIVE) acquisition of the property by the
a. If the donee should commit some offense against the transferor. (NCC, Art. 1133,
person, the honor or the property of the donor, or of Pineda Succession and
his wife or children under his parental authority Prescription, p. 651, 2009)
b. If the donee imputes to the donor any criminal
offense, or any act involving moral turpitude, even
though he should prove it, unless the crime or act has
1. An action to recover a
been committed against the donee himself, his wife or
registered land by the owner
children under his authority
2. Right to petition for the
c. If he unduly refuses him support when the donee is
Registered issuance for the issuance of a
legally or morally bound to give support to the donor
Lands (PD Writ of Possession filed by the
1529) applicant for registered land
Revocation of perfected donations
NOTE:Similarly, an action to
Once a donation is perfected, it cannot be revoked without the
recover possession of a
consent of the donee except on Grounds provided by law (Arts.
registered land never prescribes.
760, 764, 765).
1. Action legal
Obligations of the donee upon the revocation or reduction Imprescriptible
to demand a
of donation right of way
2. To abate a
1. Return the thing or the object of the donation nuisance
2. If the property had already been alienated and could not
be recovered anymore, its value shall be paid to the donor. Action to
The value shall be the price of the property estimated at quiet title if Imprescriptible
the time of the perfection of the donation plaintiff in
3. If the property had been mortgaged, the donor may pay possession
the mortgaged obligations, subject to reimbursement by
the donee (Art. 762).
Applies to both action and

One acquires ownership and other real rights through the lapse Void NOTE: However, an action to
of time in the manner and under the conditions laid down by contracts annul a voidable contract
law. In the same way, rights and actions are lost by prescription prescribes after 4 years
(NCC, Art. 1106).
Action to As long as the co‐ownership is
Acquisitive and extinctive prescription demand recognized expressly or
partition impliedly (NCC, Art. 494)
1. Acquisitive prescription - the acquisition of right by the
lapse of time under the conditions laid down by law (NCC, NOTE:
Article 1106, par. 1), which may be ordinary or extra- Distinguished
ordinary. from laches
a. Ordinary Acquisitive Prescription- requires possession
of things in good faith and with just title for the time Right of reversion or
fixed by law which is 10 years. reconveyance to the State of the
b. Extraordinary Acquisitive Prescription- the acquisition public properties registered and
of ownership and other real rights without the need of which are not capable of private
title or of good faith or any other condition and would appropriation or private
prescribe in 30 years (De Leon, 2011). Property of acquisition does not prescribe
dominion Note: In contrast, where private


property is taken by the provided a decree

Government for public use of adoption is
without first acquiring title issued thereafter
thereto either through From the date an
expropriation or negotiated sale , information was
the owner’s action to recover the Appearance of a received as to the
land or the value thereof does not child believed to 4 years existence or
prescribe. be dead survival of the
child believed to
be dead
Prescription or limitation of actions Non-compliance From the non-
with any compliance with
condition the condition
Recover Movables 8 years (good faith)or 4 imposed
years (bad faith) from the From the time the
time the possession is lost donor had learned
(NCC, Art. 1140, Pineda of the donee’s act
Succession and Act of
1 year of inGRatitude,
Prescription, p. 666, 2009) inGRatitude
provided it was
Recover Immovables 30 years (Recover possible for him
ownership) (NCC, Art. to file an action.

10 years (Recover real

right of possession) (NCC,
Art. 555 (4), Pineda OBLIGATIONS
Succession and
Prescription, p. 667, 2009) Essential elements of an obligation: (JAPO)
Mortgage Action 10 years from default of
mortgagor (NCC, Art. 1. Juridical tie or vinculum juris or efficient cause
1142) 2. Active subject [creditor (CR) or obligee]
Based on written 10 years 3. Passive subject [debtor (DR) or obligor]
contract 4. Object or prestation
Note: If contract is oral or
quasi, prescriptive period Q: Distinguish briefly but clearly between: Civil obligation
is 6 years (NCC, Art. 1145) and natural obligation. (2015, 2004, 1989 BAR)
Based on obligation 10 years from the time the
created by law right of action accrues A: Civil obligation is a juridical necessity to give, to do and not
to do. It gives the creditor the legal right to compel by an action
in court the performance of such obligation.
10 years from the day
Based on judgment judgment became final
A natural obligation is based on equity and natural law. There is
and executory (NCC, Art.
no legal right to compel performance thereof but if the debtor
voluntarily pays it, he cannot recover what was paid.
Based upon an injury to 4 years
Note: Civil obligation can be enforced in court while natural
the rights of plaintiff
obligation cannot.
Based on quasi‐delicts 4 years (NCC, Art. 1146)
Forcible entry and 1 year
Q: What are the sources of obligations?
Defamation 1 year (NCC, Art. 1147)
A: The sources of obligations are the following:
All other actions not 5 years (NCC, Art. 1149)
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
Period of prescription of action for revocation or reduction (4) Acts or omissions punished by law; and
of donation (5) Quasi-delicts. (Art. 1157, NCC)
BASIS PRESCIPTIVE RECKONING Q: What are obligations without an agreement”? Give five
PERIOD PERIOD examples of situations giving rise to this type of
From the birth of obligation. (2007 BAR)
Birth of child 4 years
the first child
From birth of the A: “Obligations without an agreement” are obligations that do not arise
legitimated child, from contract such as those arising from:
Legitimation 4 years not from the date (1) delicts;
of marriage of the (2) quasi-delicts;
parents (3) solution indebiti;
From the date the (4) negotiorum gestio; and
recognition of the (5) all other obligations arising from law.
Recognition of child by any
an illegitimate 4 years means 1. Obligation Ex Lege
child enumerated in
Article 712 of the Obligations derived from law are NOT presumed. Only those
Family Code expressly determined in the Code or in special laws are
From the date of demandable and shall be regulated by the precepts of the law
filing of the which establishes them and as to what has not been foreseen
Adoption 4 years
original petition by the provisions of Book IV of NCC (Art. 1158).
for adoption,


What are the characteristics of a legal obligation? Q: What amount of proof or evidence is required in order
to recover on civil liability arising from a crime?
The following are the characteristics of a legal obligation:
1. Does not need the consent of the obligor; A: IT DEPENDS. If the claim is made in a criminal case, then the
2. Must be expressly set forth in the law creating it and not proof of the facts giving rise to the liability must be beyond
merely presumed; and reasonbale doubt; this deGRee of proof is necessary for the
3. In order that the law may be a source of obligation, it conviction of the accused, and unless there is a judgment of
should be the creator of the obligation itself (NCC, Art. conviction, there can be no pronouncement of civil liability in
1158). the criminal case. But if the claim for indemnity is made in a
civil case, a mere preponderance of evidence is necessary.
2. Obligation Ex Contractu
Q: What is the effect of the acquittal of the accused in a
What are the requisites of a contractual obligation? criminal case to his civil liability arising from said crime of
The following are the requisites of a contractual obligation: which he is charged?
1. It must contain all the essential requisites of a contract
(NCC, Art. 1318). A: When the accused in a criminal prosecution is acquitted on
2. It must not be contrary to law, morals, good customs, the Ground that his guilt has not been proven beyond
public order, and public policy (NCC, Art. 1306). reasonable doubt, a civil action for damages for the same act or
omission may be instituted. Such action requires only
What rules govern the obligations arising from contracts? preponderance of evidence (NCC, Art. 29).

GR:These obligations arising from contracts shall be governed But where the judgment of acquittal contained a declaration
primarily by the stipulations, clauses, terms and conditions of that no negligence can be attributed to the accused and that the
the parties’ agreements. fact from whih the civil action might arie did not exist, such
acquittal in the criminal action carried with it extinction of civil
XPN: Contracts with prestations that are unconscionable or responsibility arising therefrom (Catillo v. CA, 176 SCRA 591).
unreasonable (Pineda, 2009).
5. Obligations Ex Quasi- Delicto
What is the principle of autonomy of will?
Q: What is a quasi-delict?
It is that principle which states that obligations arising from A: A quasi-delict is a separate legal institution under the Civil
contracts have the force of law between the contracting parties Code entirely apart and independent from a delict or crime.
and should be complied with in good faith (NCC, Art. 1159). Whoever by act or omission causes damage to another, there
being fault or negligence, is obliged to pay for the damage done.
Q: Can damages suffered by a party during the period of Such fault or negligence, if there is no pre-existing contractual
negotiations be recovered, if the contract is not finally relation is called a quasi-delict.
What are the elements of a quasi-delict(DANC)
YES. This is a case of a “pre-contractual obligation”. The offer, 1. Negligent or wrongful act or omission;
however, must be clear and definite, thus leading the offeree in 2. Damage or injury caused to another;
good faith to incur expenses in the expectation of entering into 3. Causal relation between such negligence or fault and
the contract; and the withdrawal of the offer must be without damage;
any legitimate cause. 4. No pre-exisitng contractual relationship between the
parties (NCC, Art. 2176).
3. Obligation Ex Quasi- Contractu
Q: What is a quasi-contract? NATURE AND EFFECTS OF OBLIGATIONS

A: A quasi-contract is a juridical relation which arises from In obligations to give, what are the different rights which
certain lawful, voluntary, and unilateral acts, to the end that no are available to the creditor?
one may be unjustily enriched or benefited at the expense of
another. The act giving rise to quasi-contract must be lawful, We must distinguish between the rights which are available to
thereby distinguishing it from crime, in which the act or the creditor when the obligation is determinate and those
omission is unlawful; it must be voluntary, thus differentiating which are available to him when the obligation is indeterminate
it from quasi-delict, which is based on fault or negligence or or generic.
mere lack of foresight; and it must be unilateral, to distinguish
it from contract in which there are two parties who come to an If the obligation is determinate in the sense that the object
agreement. thereof is particularly designated or physically seGRegated
from all others of the same class, the rights of the creditor are:
What are the characteristics of a quasi-contract?
1. It must be lawful 1. To compel specific performance (NCC, Art. 1165, par.1)
2. It must be voluntary 2. To recover damages in case of breach of the obligation (NCC,
3. It must be unilateral (Pineda, 2000) Art. 1170).

What does the concept of presumptive consent mean? If the obligation is indeterminate or generic, the rights of the
creditor are:
It means that since a quasi-contract is a unilateral contract
created by the sole act(s) of the gestor, there is no express 1. To ask for performance of the obligation (NCC, Art. 1246)
consent given by the other party. The consent needed in a 2. To ask that the obligation be complied with at the expense
contract is provided by law through presumption (Pineda, of the debtor (NCC, Art. 1165, par. 2)
2000). 3. To recover damages in case of breach of the obligation
(NCC, Art. 1170)
4. Obligations Ex Delicto
1. Delay (Mora)
1. What is the extent of civil liability arising from crimes?
(IRR)Restitution What are the requisites of delay (mora)?
2. Reparation for damage caused 1. Obligation must be due, demandable and liquidated;
3. Indemnity for consequential damages (Art. 104, RPC) 2. Debtor fails to perform his positive obligation on the date
agreed upon;


3. A judicial or extra-judicial demand made by the creditor

Default or delay begins Delay by the other party
upon the debtor to fulfill, perform or comply with his from extrajudicial or begins from the moment
obligation; and judicial demand – mere one of the parties fulfills
4. Failure of the debtor to comply with such demand. Time of expiration of the period his obligation.
delay fixed is not enough in
2. Mora Solvendi order that debtor may
incur delay.
What are the requisites of mora solvendi?

The following are its requisites: a. The obligation or the When different dates for
1. Obligation pertains to the debtor; law expressly so the performance of
2. Obligation is determinate, due and demandable, and dictates; obligation is fixed by the
liquidated; parties.
3. Obligation has not been performed on its maturity date; b. Time is of the
4. There is judicial or extrajudicial demand by the creditor; essence;
(Pineda, 2009)
XPNs c. Demand would be
When shall demand by the creditor be not necessary in useless, as debtor has
order that delay may exist? rendered it beyond his
power to perform; or
In the following instances:
d. Debtor has
1. When the obligation or the law expressly so declares; or acknowledged that he
2. When from the nature and the circumstances of the is in default.
obligation it appears that the designation of time when the
thing is to be delivered or the service is to be rendered was 5. Fraud
a controlling motive for the establishment of the contract;
or NOTE:
3. When demand would be useless, as when the obligor has - Fraud is the deliberate and intentional evasion of the
rendered it beyond his power to perform [Art. 1169 (2), faithful performance of the obligation.
NCC]. - Any waiver of an action for future fraud is void. (NCC,
What are the effects of mora solvendi? - If fraud was already committed by the debtor, the
creditor may forgive him by disregarding such fraud
The following are its effects: (1966 Bar)

1. Debtor may be liable for damages or interests; What are the kinds of fraud under the Civil Code?
2. When the obligation has for its object a determinate thing,
the debtor may bear the risk of loss of the thing even if the The following are the kinds of fraud under the Civil Code.
loss is due to fortuitous event; and
3. Rescission or resolution. Basis Fraud in the Fraud in the
performance perfection
3. Mora Accipiendi Time of It occurs after the It occurs before or
occurrence valid execution of simultaneous with
What are the requisites of mora accipiendi? (CPR) the contract. It is the creation or
The following are its requisites: employed in the perfection of the
1. Offer of Performance by a capacitated debtor; performance of a obligation;
2. Offer must be to Comply with the prestation as it should be pre-existing
performed; and obligation;
3. Refusal of the creditor without just cause. Consent Consent is free and Consent is vitiated
not vitiated; by serious
What are the effects of mora accipiendi? (CPR)
deception or
The following are its effects:
Effect It is not a Ground It is a Ground for
1. Responsibility of debtor is limited to fraud and GRoss
for annulment of annulment of the
the contract; contract;
2. Debtor is exempted from risk of loss of thing; creditor
Remedy Action for damages Action for
bears risk of loss
only. annulment with
3. Expenses by debtor for preservation of thing after delay is
chargeable to creditor
4. If the obligation bears interest, debtor does not have to pay
What are the different classes of fraud in the perfection?
it from time of delay
5. Creditor liable for damages
6. Debtor may relieve himself of obligation by consigning the They are the following:
Basis Dolo causante Dolo incidente
4. Compensatio Morae Nature It is the efficient It is not the
cause to the giving efficient cause for
What are the rules on Compensatio Morae? of consent to the the giving of
contract; consent to the
The following are the rules on compensatio morae: contract;
Effect It renders the It does not affect
contract voidable; the validity of the
Reciprocal contract;
Unilateral Obligations
Obligations Remedy Annulment with Contract remains
damages. valid. Remedy is
claim for damages


What are the remedies of the defrauded party? 2. Compensatory Interest- interest as damages

He may avail of the following remedies: The imposition of an unconscionable rate of interest on a money debt,
1. Specific performance (NCC, Art. 1233) even if knowingly and voluntarily assumed, is immoral and unjust. It is
2. Resolution of the contract (NCC, Art. 1191) tantamount to a repugnant spoliation and an iniquitous deprivation of
3. Damages, in either case property, repulsive to the common sense of man. (Spouses Castro v
Tan, G.R. No. 168940, 24 November 2009)
What are the subsidiary remedies?
1. Accion subrogatoria- case against the debtor’s debtor
2. Accion Pauliana- creditor will impugn the acts of debtor 1. Pure and Conditional Obligations
that is in fraud of creditors
3. Accion directa –direct action against third persons
Q: What is a pure obligation?
4. On generic obligation – The obligation is not extinguished
A: An obligation whose performance does not depend upon a
6. Fortuitous Event (2002, 2008 BAR)
future or uncertain event, or upon a past event or upon a past
event unknown to the parties, demandable at once (NCC, Art.
What are the requisites in order that an event be 1179).
considered fortuitous? (CODE)
Q: What is a conditional obligation?
The following are the requisites:
1. Cause of breach is independent of the will of the debtor;
A: An obligation subject to a condition and the effectivity of
2. The Event is unforeseeable or unavoidable;
which is subordinated to the fulfillment or non-fulfillment of a
3. Occurrence renders it absolutely impossible for the debtor
future and uncertain event, or upon a past event unknown to
to fulfill his obligation in a normal manner - impossibility
the parties (Pineda, 2009).
must be absolute not partial, otherwise not force majeure;
Q : What is a potestative Condition?(1997, 2000, 2003
4. Debtor is free from any participation in the agGRavation of
the injury to the creditor.
A: A condition which depends upon the will of one of the
The fortuitous event must not only be the proximate cause but
contracting parties (NCC, Art. 1182).
it must also be the only and sole cause. Contributory negligence
of the debtor renders him liable despite the fortuitous event What are the effects of fulfillment of the suspensive
(Pineda, 2000). If the negligence was the proximate cause, the condition? (1999 BAR)
obligation is not extinguished. It is converted into a monetary
obligation for damages.
The following are its effects in:
1. Real obligations
Q: Is there a liability for loss due to fortuitous event?
GR:Retroacts to the day of the constitution of the
XPNs: There is no retroactive effect with respect to the
GR: There is no liability for loss in case of fortuitous event.
fruits and interest:
a. In reciprocal obligations, the fruits and interests shall
1. Law
be deemed to have been mutually compensated;
2. Nature of the obligation requires the assumption of risk
b. In unilateral obligations, the debtor appropriates the
3. Stipulation
fruits and interest received before the fulfillment of
4. The debtor is guilty of dolo, malice or bad faith, has
the condition unless from the nature and
promised the same thing to two or more persons who does
circumstances of the obligation it should be inferred
not have the same interest (NCC, Art. 1165) that the intention of the person constituting the same
5. The debtor contributed to the loss (Tan v. Inchausti & Co.,
was different (NCC, Art. 1187)
G.R. No. L-6472, March 7, 1912)
6. The possessor is in bad faith (NCC, Art. 552)
2. Personal obligations- the court determines the retroactive
7. The obligor is guilty of fraud, negligence or delay or if he
effect of the condition fulfilled (NCC, Art. 1187)
contravened the tenor of the obligation (Juan Nakpil v.
United Construction Co., Inc. v. CA, G.R. No. L-47851, April 15,
What are the effects of fulfillment of resolutory condition?
The following are its effects in:
What are the effects of fortuitous events?
1. Real obligations:
1. On determinate obligation – The obligation is extinguished
a. The parties shall return to each other what they have
2. On generic obligation – The obligation is not extinguished
received (mutual restitution).
b. Obligation is extinguished.
Liability to Pay Interest
c. In case of loss, deterioration or improvement of the
thing, Art. 1189, with respect to the debtor, shall be
Q. What are the requisites so a creditor may compel the
applied to the party who is bound to return (NCC, Art.
payment of interest in an obligation arising from
2. Personal obligations – the courts shall determine, in each
case, the retroactive effect of the condition that has been
complied with (NCC, Art. 1187; Art. 1190).
1. There is an agreement that the interest shall be earned
2. The agreement that interest shall be due shall be expressly
2. Obligations With a Period
stipulated in writing; and
3. The rate of interest must not be usurious or excessive or
Q: What are the rules in an obligation with a period or a
Q. What are the kinds of Interest?
A:GR: Whenever in an obligation a period is designated, it is
presumed to have been established for the benefit of both the
creditor and the debtor
1. Monetary Interest- compensation for the use of money


XPN: When it appears from the tenor of the period or other liability to debtor
circumstances that it was established for the benefit of one of The creditor shall
the parties (NCC, Art. 1196). have the right of
indemnity for
What are the effects of the term/period? When substitution damages when,
has been made and through the fault of
1. When it is for the benefit of the creditor – Creditor may communicated to the debtor, all the
demand the performance of the obligation at any time but the creditor, the things which are
the debtor cannot compel him to accept payment before Liability of the
obligor is liable for alternatively the
the periode expires (e.g. “on demand”) debtor
the loss of the object of the
2. When it is for the benefit of the debtor – Debtor may oppose thing on account of obligation have
any premature demand on the part of the creditor for delay, negligence been lost or the
performance of the obligation, or if he so desires, he may or fraud compliance of the
renounce the benefit of the period by performing his obligation has
obligation in advance (Manresa). become
Q: In what instances may the court fix the period for the If one prestation is
parties? (1991, 1997, 2003 BAR) If principal void, the others
obligation is void, that are free from
A: In the following instances: Void prestation the creditor cannot any vices of
1. If the obligation does not fix a period, but from its nature compel delivery of consent preserve
and circumstances it can be inferred that a period was the substitute the validity of the
intended by the parties. obligation
2. If the duration of the period depends upon the will of the If some prestations
debtor. (1997, 2003 BAR) If there is
are impossible to
3. In case of reciprocal obligations, when there is a just cause impossibility to
perform except
for fixing the period. deliver the
one - this one must
4. If the debtor binds himself when his means permit him to principal thing or
Impossibility of be delivered.
do so. prestation, the
prestation If all prestations
NOTE: Once fixed by the courts, the period cannot be changed obligation is
are impossible to
by the parties. extinguished, even
perform, the
if the substitute
obligation is
Period distinguished from Condition obligation is valid
Loss of the Where the choice
Period Condition substitute before is given to the
Involves a future and certain Involves a future and the substitution is creditor, the loss of
time or event uncertain event made through the the alternative
Suspensive period affects Suspensive condition affects Loss of substitute
fault of the debtor through the fault of
only the demandability of the birth of the obligation doesn’t make him the debtor renders
the obligation and not merely its liable him liable for
demandability damages
Generally, no retroactive With retroactive effect
effect Q: What are the effects of loss of objects in alternative
The obligation is still The obligation is vid if the obligations?
exisiting if the period condition depends upon the
depends upon the will of the will of the obligor A:
3. Alternative Obligations Choice Belongs to Debtor
All are Debtor released from Creditor shall have a
Q: Distinguish between facultative obligations and lost the obligation right to be indemnified
alternative obligations. for damages based on
the value of the last
A: thing which
OBLIGATIONS OBLIGATIONS service which became
Number of Only one object is Several objects are impossible
prestation due due Some but Debtor shall deliver Debtor shall deliver that
May be complied May be complied not all are that which he shall which he shall choose
Manner of with by with by fulfilling lost choose from among from among the
compliance substitution of one any of those the remainder remainder without
that is due alternately due damages
GR: Choice pertain Only one Deliver that which remains
to debtor remains
Choice pertains Choice Belongs to Creditor
Right to choose XPN: Expressly All are Debtor released from Creditor may claim the
only to debtor
GRanted to lost the obligation price/value of any of
creditor or third them with indemnity for
person damages
Fortuitous loss of Some but Creditor may choose Creditor may claim any
Fortuitous loss
Effect of all prestation will not all are from among the of those subsisting OR
extinguishes the
fortuitous loss extinguish the lost remainder or that he may choose any of
obligation which remains if only those were lost, but it is
Culpable loss one subsists the price/value of with
Culpable loss of
obliges the debtor right to damages that
Effect of culpable any object due will
to deliver can be claimed
loss give rise to liability
substitute Only one Deliver that which remains. In case of fault of
to debtor
prestation without remains debtor, creditor has a right to indemnity for


Note: The enforcement of a penalty is not an alternative
4.Joint and Solidary Obligations obligation which can be chosen by the debtor.

What are the consequences of a joint obligation? A contract of lease may provide for a forfeiture clause-a
provision that allows the lessor to forfeit in its favor advance
The following are its consequences: rentals and deposits of the lessee deserts or vacates the
1. Each debtor is liable only for a proportionate part of the premises.
entire debt
2. Each creditor, if there are several, is entitled only to a EXTINGUISHMENT OF OBLIGATIONS
proportionate part of the credit
3. The demand made by one creditor upon one debtor, Q: What are the Principal modes of extinguishment of
produces effects of default only as between them obligations? (PaLoCo3N)
4. Interruption of prescription caused by the demand made
by one creditor upon one debtor, will NOT benefit the co- A: They are the following:
creditors or the co-debtors 1. Payment or performance
5. Insolvency of a debtor will not increase the liability of his 2. Loss of the thing due
co-debtor 3. Condonation or remission of debt
6. Vices of each obligation emanating from a particular 4. Confusion or merger
debtor or creditor will not affect the others 5. Compensation
7. In indivisible or joint obligation, the defense of res judicata 6. Novation (Art. 1231)
of one does not extend to the others.
Other Modes (PARF)
What are the rules in solidary obligations? 7. Annulment
8. Rescission
The rules are the following: 9. Fulfillment of a resolutory condition
1. Anyone of the solidary creditors may collect or demand 10. Prescription (Art. 1231)
payment of the whole obligation; there is mutual agency
among solidary debtors (NCC, Arts. 1214, 1215). NOTE: The enumeration is not exclusive.
2. Any of the solidary debtor may be required to pay the 1. Payment or Performance
whole obligation; there is mutual guaranty among solidary
debtors (NCC,Arts. 1216, 1217, 1222). Q: What is meant by payment?
3. Each one of solidary creditors may do whatever maybe
useful to the others, but not anything prejudicial to them A:Payment is the fulfilment of the prestation due, a fulfilment
(NCC, Art. 1212); however, any novation, compensation, that extinguishes the obligation by the realization of the
confusion or remission of debt made by any solidary purposes for which it is constituted (Jurado, 2010). (1998,
creditors or with any of the solidary debtors shall 2009 BAR)Payment may consist not only in the delivery of
extinguish the obligation without prejudice to that solidary money but also the giving of a thing (other than money), the
creditor’s liability for the shares of other solidary creditors doing of an act, or not doing of an act (NCC, Art. 1232).
(NCC. Art. 1215; Art. 1219).
What are the requisites of a valid payment? (P3AD)
NOTE: Solidarity is never presumed. There is solidary liability
only when: The following are its requisites:
1. Capacity of the Person who pays
1. The obligation expressly so states; 2. Capacity of the Person to whom payment is made
2. The law expressly provided for solidarity; 3. Propriety of the time, place, and manner of payment
3. The nature of the obligation requires solidarity (Art. 1207); 4. Acceptance of the payment by the creditor
and 5. Delivery of the full amount or the full performance of the
4. A solidary responsibility is imposed by a final judgment prestation
upon several defendants (Tolentino, 2002).
Who may effect payment and compel the creditor to accept
5. Divisible and Indivisible Obligations the payment?

Q: What is the test of divisibility of the obligation? The following persons:

1. Debtor himself
A: The test is: whether or not the prestation is susceptible of 2. His heirs and assigns
partial performance, in the sense of the possibility of realizing 3. His agents and representatives
the purpose which the obligation seeks to obtain. If a thing 4. Third persons who have a material interest in the
could be divided into parts and as divided, its value is impaired fulfilment of the obligation
disproportionately, that thing is indivisible (Pineda, 2009).
Q: What is the rule in case payment is made by third
What are the Effects of illegality of a part of a contract? persons?

1. Divisible contract – illegal part is void and unenforceable. A: GR: The creditor is not bound to accept payment or
Legal part is valid and enforceable (NCC, Art. 1420). performance by a third person.
2. Indivisible contract – entire contract is indivisible and
unenforceable. XPNs:
1. When made by a third person who has interest in the
6. Obligations with a Penal Clause fulfillment of the obligation
GR:The creditor cannot demand the fulfillment of the 2. Contrary stipulation (NCC, Art. 1236)
obligation and the satisfaction of the penalty at the same time
(NCC, Art. 1227). Q: What are the rights of a third person who made the
1. When the right has been clearly GRanted to him; A: The following are his/her rights:
2. If the creditor has decided to require the fulfillment of the 1. If the payment was made with knowledge and consent of the
obligation, the performance thereof should become impossible debtor:
without his fault, the penalty may be enforced (NCC, Art. 1227).


a. Can recover entire amount paid (absolute to accept the same or is not in a position to accept it due to
reimbursement) certain reasons or circumstances. It generally requires a prior
b. Can be subrogated to all rights of the creditor. tender of payment (Pineda, 2009).

2. If the payment was made with without knowledge or against ---

the will of the debtor – can recover only insofar as payment Q: Chan, owner of a three story commercial building,
has been beneficial to the debtor (right of conditional entered into a lease contract with Philippine National Bank
reimbursement) for five years. Upon expiration of the lease, PNB continued
to lease the property on a monthly basis.. Chan executed a
Q:To whom may payment be made? Deed of Assignment over the rental payments in favor of
PNB. However, PNB failed to pay its monthly rentals and it
A: Payment may be made to: also explained that it received a demand letter from a
1. The person in whose favor the obligation has been certain Chua who claimed to be the new owner of the
constituted leased property and requested that the rentals be paid
2. His successor in interest, or directly to him. PNB thus deposited the rentals in a
3. Any person authorized to receive it (NCC, Art. 1240). separate non-drawing savings account for the benefit of
the rightful party. Is there a proper consignation made by
Q: What is the rule is payment was made to an PNB?
unauthorized person?
A: NO. PNB's deposit of the subject monthly rentals in a non-
A: GR: Payment to an unauthorized person is not a valid drawing savings account is not the consignation contemplated
payment (NCC, Art. 1241). by law, precisely because it does not place the same at the
disposal of the court. Consignation is necessarily judicial; it is
Payment made by the debtor to a wrong party does not not allowed in venues other than the courts. (PNB v. Chan, GR
extinguish the obligation as to the creditor, if there is no fault or No. 206037, 13 March 2017)
negligence which can be imputed to the latter (Allied Banking ---
Corp. v. Wan, et al., G.R. No. 133179, March 27, 2008).
2. Loss of the Things Due
Q: When is a thing is considered lost? (DOPE)
1. Payment to an incapacitated person if:
a. He kept the thing delivered, or A: A thing is considered lost if:
b. It has been beneficial to him (Art. 1241) 1. It Disappears in such a way that its existence is unknown;
2. Payment to a third person insofar as it redounded to the 2. It goes Out of commerce;
benefit of the creditor 3. It Perishes; or
4. Its Existence is unknown or if known, it cannot be
Benefit to the creditor need not be proved: (RRE) recovered.
a. If after the payment, the third person acquires the
creditor’s Rights (Assignment); Q: What are the effects of loss of the thing/object of the
b. If the creditor Ratifies the payment to the third obligation?
person (Ratification);
c. If by the creditor’s conduct, the debtor has been led A: If the obligation is a:
to believe that the third person had authority to 1. Determinate obligation to give:
receive the payment (Estoppel) (NCC, Art. 1241).
GR:The obligation is extinguished when the object of the
3. Payment in good faith to the possessor of credit (NCC, Art. obligation is lost or destroyed (NCC, Art. 1262).
1242) XPNs: (LAS-CD-PCG)
a. Law provides otherwise (NCC, Art. 1262)
Payment made to the creditor by the debtor after the latter has b. Nature of the obligation requires the Assumption of
been judicially ordered to retain the debt shall not be valid risk (Ibid)
(NCC, Art. 1243). c. Stipulation to the contrary (Ibid)
d. Debtor Contributed to the loss (Ibid)
Special Forms of Payment e. Loss the of the thing occurs after the debtor incurred
Dation in Payment in Delay (Ibid)
Dacion en pago is the delivery and transmission of ownership of f. When debtor Promised to deliver the same thing to
a thing by the debtor to the creditor as an accepted equivalent two or more persons who do not have the same
of the performance of an existing obligation. It is a special mode interest (Art. 1165)
of payment where the debtor offers another thing to the g. When the debt of a certain and determinate thing
creditor who accepts it as equivalent to the payment of an proceeds from a Criminal offense (NCC, Art. 1268)
outstanding debt (Oscar Villarta v. Gaudioso Talavera Jr., G.R. h. When the obligation is Generic (NCC, Art. 1263)
No. 208021, February 3, 2016).
Application of Payment 2. Generic obligation to give:
Designation of the particular debt being paid by the debtor who
has two or more debts or obligations of the same kind in favor GR: The obligation is not extinguished because a generic
of the same creditor to whom the payment is made (Pineda, thing never perishes (genus nun guam perit)(NCC, Art.
2009). 1263).
Payment by Cession XPNs:
Debtor cedes his property to his creditors so the latter may sell a. In case of generic obligations whose object is a
the same and the proceeds realized applied to the debts of the particular class or GRoup with specific or determinate
debtor (Pineda, 2009). qualities (delimited generic obligation)
Tender of Payment b. In case the generic thing has already been seGRegated
Voluntary act of the debtor whereby he offers to the creditor or set aside, in which case, it has become specific.
for acceptance the immediate performance of the former’s
obligation to the latter. It is an antecedent of the consignation, 3. An obligation to do – the obligation is extinguished when
that is an act preparatory to the consignation (Pineda, 2009). the prestation becomes legally or physically impossible
Consignation without the fault of the obligor (NCC, Art. 1266).
Act of depositing the object of the obligation with the court or
competent authority after the creditor has unjustifiably refused Q: What are the effects of partial loss?


co- debtors for the latter’s individual contribution or liability

A: (Pineda, 2000).
1. Due to the fault or negligence of the debtor – Creditor has
the right to demand the rescission of the obligation or to Q: When is confusion or merger of rights revoked?
demand specific performance, plus damages, in either case. A: If the act which created the confusion is revoked for some
2. Due to fortuitous event: causes such as rescission of contracts, or nullity of the will or
a. Substantial loss – obligation is extinguished. contract, the confusion or merger is also revoked. The subject
b. Unsubstantial loss – the creditor shall deliver the obligation is revived in the same condition as it was before the
thing promised in its impaired condition (Art. 1264). confusion.

Q: What are the effects when the thing is lost in the NOTE: During such interregnum, the running of the period of
possession of the debtor? prescription of the obligation is suspended (Pineda, 2000).

A: GR: It is presumed that loss is due to debtor’s fault. 5. Compensation

XPN: Presumption shall not apply in case loss is due to Q: What are the requisites of compensation (1998, 2002,
earthquake, flood, storm or other natural calamity (Art. 1262) 2008, 2009 BAR)

XPN to the XPN: Debtor still liable even if loss is due to A: They are the following:
fortuitous event when: 1. Each one of the obligors must be bound principally, and
1. Debtor incurred in delay; or that he be at the same time a principal creditor of the other
2. Debtor promised to deliver the thing to two or more except guarantor who may set up compensation as regards
persons with different interests [NCC, Art. 1165 (3)]? what the creditor may owe the principal (NCC, Art. 1279,
3. Condonation and Remission of Debt (2000 BAR) 2. Both debts consist in sum of money, or if the things due are
consumable, they be of the same kind and also of the same
Q: What are the requisites of condonation? quality if the latter has been stated;
A: Its requisites are the following: 3. Both debts are due;
1. Renunciation of the debt is purely GRatuitous; 4. Both debts are liquidated and demandable;
2. Acceptance by the debtor; 5. Neither debt must be retained in a controversy
3. Must not be inofficious; commenced by third person and communicated in due
4. Formalities provided by law on donations must be time to the debtor (neither debt is garnished) (NCC, Art.
complied with if condonation is express; and 1279).
5. An existing demandable debt.
When all the requisites mentioned in Art. 1279 of the Civil Code
Q: What is the effect of the remission of the principal debt are present, compensation takes effect by operation of law, and
with respect to the accessory obligation and vice versa? extinguishes both debts to the concurrent amount, even though
the creditors and debtors are not aware of the compensation
A: The renunciation of the principal debt shall extinguish the (NCC, Art. 1290).
accessory but the waiver of the latter shall leave the former in
force (NCC, Art. 1273). 6. Novation

4. Confusion or Merger of Rights Q: What are the requisites of novation?

Q: What are the requisites of confusion or merger of rights? A:They are the following:
1. Valid old obligation
A: They are the following: 2. Intent to extinguish or to modify the old obligation
1. Merger in the same person of the characters of both a 3. Capacity and consent of all the parties to the new
creditor and debtor (Art. 1275); obligation (except in case of expromission where the old
2. Must take place in the persons of a principal creditor and a debtor does not participate)
principal debtor(Art. 1276); and 4. Substantial difference of the old and new obligation – on
3. Merger is definite and complete. every point incompatible with each other (implied
Q:What is the effect of confusion or merger of rights? 5. Valid new obligation

A: The obligation is extinguished from the time the characters Novation is never presumed, it must be proven as a fact
of creditor and debtor are merged in the same person (NCC, Art. either by:
1. Explicit declaration – if it be so declared in unequivocal
Q: What is the effect of confusion or merger in one debtor terms; or
or creditor in a joint obligation? 2. Material incompatibility – that the old and the new
obligations be on every point incompatible with each other
A: (Art. 1292).
GR: Joint obligation is not extinguished since confusion is not
definite and complete with regard to the entire obligation. A Distinctions between Expromission nd Delegacion
part of the obligation still remains outstanding.
XPN: Obligation is extinguished with respect only to the share Expromission Delegacion
corresponding to the DR or CR concerned. In effect, there is (1977, 2001, 2014 BAR)
only partial extinguishment of the entire obligation.(NCC, Art. The initiative does not come The initiative comes from
1277; Pineda, 2000) from the debtor the debtor
Consent of the debtor is not Consent of the debtor, the
Q: What is the effect of confusion or merger in one debtor present and not even creditor and the third
or creditor in a solidary obligation? necessary. person are present
The debtor is released.
A: If a solidary debtor had paid the entire obligation, the
Insolvency of the new Insolvency of the new
obligation is totally extinguished without prejudice to the rights
debtor before or after the debtor revives the obligation
of the solidary debtor who paid, to proceed against his solidary
novation does not revive the of the debtor if (a)
obligation of the debtor Insolvency is existing at the


(2011 Bar) time of novation; (b) of KINDS OF CONTRACT

public knowledge.
Q: Distinguish consensual from real contracts and name at
Q. What is subrogation? least four (4) kinds of real contracts under the present law.
(3%) (1998 Bar)
A. It involves novation by changing the creditor. It is the
substitution of one person by another with reference to a A: Consensual contracts are those which are perfected by mere
lawful claim or right, so that he who is substituted succeeds to consent (NCC, Art. 1315). Real contracts are those which are
the rights of the other in relation to a debt or claim including its perfected by the delivery of the object of the obligation (NCC,
remedies or securities. (Malayan Insurance Co., Inc. v Alberto, Art. 1316).
G.R. 194320, February 1, 2012)
Examples of real contracts are deposit, pledge, commodatum
and simple loan (mutuum).


1. Essential Requisites of A Contract (2005 BAR) Object

Q: What are the essential requisites of a contract? Q: What are the requisites of an object?(DELiCT)
A:They are the following: 1. Determinate as to kind (even if not determinate, provided
1. Consent; it is possible to determine the same without the need of a
2. Object or subject matter; and new contract);
3. Cause or consideration. 2. Existing or the potentiality to exist subsequent to the
Q: What are the characteristics of a contract ? (AMOR) 3. Must be Licit;
4. Within the Commerce of man; and
A:The following are its characteristics: 5. Transmissible.
1. Autonomy (Art. 1306); (1996, 2004 BAR)
2. Mutuality (Art. 1308); (2001, 2004, 2008 BAR) Cause
3. Obligatoriness and consensuality (Art. 1315);
4. Relativity (Art. 1311). (1991, 1996, 2002 BAR) Q: What are the requisites of a cause? (LET)
NOTE: The basic principle of relativity of contracts is that 1. It must Exist;
contracts can only bind the parties who entered into it, and 2. Be True; and
cannot favor or prejudice a third person, even if he is aware of 3. Be Licit.
such contract and has acted with knowledge thereof. Hence, NOTE: Every contract is presumed to have a cause; and such
one who is not a party to a contract, and for whose benefit it cause is lawful.
was not expressly made, cannot maintain an action on it (Juana
Vda. De Rojales v. Marcelino Dime, G.R. No. 194548, February 10, Formality
Q: What is the rule on formality of contracts?
A: GR:Form is not required in consensual contracts.
Q: What are the requisites of a valid consent? XPNs: When the law requires a contract be in writing for its:
1. Validity (formal contracts); or
A: For consent to be valid, the following requisites should be 2. Enforceability (under Statute of Frauds).
present: 3. For the convenience of the parties
1. It must be Intelligent, or with an exact notion of the matter
to which it refers; NOTE: The parties may compel each other to reduce the verbal
2. Free; and agreement into writing. (2006 BAR)
3. Spontaneous.
Formalities required in specific contracts
Who are the persons incapacitated to give consent? 1. Donations
a. Personal property- if value exceeds 5,000, the
They are the following: donation and acceptance must both be written (NCC,
1. Deaf-mutes who do not know how to read and write Art. 748).
(illiterates) b. Real property:
2. Insane or demented persons, unless the contract was i. Donation must be in a public instrument,
entered into during a lucid interval specifying therein the property donated and
3. Minors (Art. 1327) value of charges which donee must satisfy.
EXCEPT: ii. Acceptance must be written, either in the same
a. Contracts for necessaries (NCC, Art. 1489) deed of donation or in a separate instrument.
b. Contracts by guardians or legal representatives and iii. If acceptance is in a separate instrument, the
the court having jurisdiction had approved the same donor shall be notified thereof in authentic
c. When there is active misrepresentation on the part of form, and this step shall be noted in both
the minor (minor is estopped) instruments (NCC, Art. 749).
d. Contracts of deposit with the Postal Savings Bank
provided that the minor is over 7 years of age 2. Partnership where real property contributed
e. Upon reaching age of majority – they ratify the same a. There must be a public instrument regarding the
What are the vices of consent? b. The inventory of the realty must be made, signed by
the parties and attached to the public instrument
1. Mistake (NCC, Art. 1773)
2. Intimidation
3. Violence 3. Antichresis - the amount of the principal and interest
4. Undue influence must be in writing (NCC, Art. 2134).
5. Fraud


4. Agency to sell real property or an interest therein - the effect of rendering the contract meaningless while the other
authority of the agent must be in writing (NCC, Art. 1874). would give effect to the contract as a whole, the latter
interpretation must be adopted (PNB v. Utility Assurance &
5. Stipulation to charge interest - interest must be Surety, Co., Inc., 177 SCRA 393, 1989).
stipulated in writing (NCC, Art. 1956).
Q: What is this complementary-contracts-construed-
6. Stipulation limiting common carrier's duty of together doctrine?
extraordinary diligence to ordinary diligence:
a. must be in writing, signed by shipper or owner A: Under this doctrine, an accessory contract must be read in its
b. supported by valuable consideration other than the entirety and together with the principal agreement (Rabuya,
service rendered by the comon carrier 2017). Thus, a promissory note and a deed of chattel mortgage
c. reasonable, just and not contrary to public policy must be contrued together (Rigor v. Consolidated Orix Leasing
(NCC, Art. 1744). and Finance Corp., 387 SCRA 270, 2002); and the surety
contract, being an accessory contract, must be interpreted with
7. Chattel mortgage - personal property must be recorded its principal contract, for instance, a loan agreement (Rabuya,
in the Chattel Mortgage Register (NCC, Art. 2140). 2017).

Contracts which must appear in a public document:

1. Donation of real properties (NCC, Art. 719);

2. Partnership where immovable property or real rights are
contributed to the common fund (NCC, Arts. 1171 & 1773);
3. Acts and contracts which have for their object the creation,
transmission, modification or extinguishment of real rights
over immovable property; sale of real property or of an
interest therein is governed by Arts. 1403, No. 2, and 1405
[NCC,Art. 1358 (1)];
4. The cession, repudiation or renunciation of hereditary
rights or of those of the conjugal partnership of gains [Art.
1358 (2)];
5. The power to administer property or any other power
which has for its object an act appearing or which should
appear in a public document or should prejudice a third
person [Art. 1358 (3)];
The cession of actions or rights proceeding from an act
appearing in a public document [Art. 1358 (4)].


Q: What is reformation of instruments and what are its


A:It is a remedy to conform to the real intention of the parties

due to mistake, fraud, inequitable conduct, accident (NCC, Art.

The following are its requisites:

1. Meeting of the minds to the contract

NOTE: When there is no meeting of the minds, the proper

remedy is annulment and not reformation (Pineda, 2000)

2. True intention is not expressed in the instrument

3. By reason of:Mistake, Accident, Relative simulation,Fraud,
or Inequitable conduct.
4. Clear and convincing proof of those abovementioned.

The fundamental distinction between reformation of an

instrument and annulment of a contract is that the first
presupposes a perfectly valid contract in which there has been
a valid meeting of the minds of the contracting parties while the
second is based on a defective contract in which there has been
no meeting of the minds because the consent is vitiated (Jurado,

Q: What is the prescriptive period in reformation of


A:10 years from the date of the execution of the instrument.


Q: What is the principle of effectiveness in contract


A: Pursuant to this principle, where two interpretations of the

same contract language are possible, one interpretation having


action party; party unless their

d affected
Q: What are the kinds of defective contracts? Differentiate Creditors
each other. Suscepti Susceptib Suscep Susceptible Not
bility of le but not tible Susceptible
BLE BLE EABLE STENT ion ratificatio
(2004 (2004 BAR) n proper
BAR) Suscepti Action for Action Action for Action for
Origin Economic Incapa Entered Illegality bility rescissio for recovery; declaration
of the damage city of without (void) or prescrip n annul specific of nullity or
defect or lesion one of authority absence of tion prescribe ment performanc putting of
to either parties or in excess any of s after 4 prescri e or defense of
one of the to give thereof; essential years bes damages nullity does
parties or consen non- requisites of after 4 prescribes not
to 3rd t or compliance a contract years (10 years if prescribe
persons; vitiate with (inexistent) based on a
declarati d Statute of written
on by law consen Frauds contract; 6
t (2009 years if
BAR); unwritten)
of both
consent Kinds Grounds Ways or Prescriptio
Necessit Suffered As to Not Not Modes of n for
y of by – the necessary necessary Convalidati Action for
Damage either other ng a Annulment
/ one of contrac Voidable
prejudic parties or ting Contract
e 3rd party - VOIDABLE Legal consent (1) By Four years
person not DUE presupposes prescription from the
necess INCAPACIT incapacity of the action time
ary Y A person may be for guardianshi
Curable Curable Curabl Not curable Not Curable considered annulment p of the
by e incapacitated (Art.1391) minor and
Prescrip because of: other
iton 1. minority (2) By incapacitate
Legal Valid & Valid & Inoperative A void or 2. insanity ratification d ceases
effect legally legally until inexistent 3. imbecility or or
enforcea enforce ratified; not contract has 4. the state of confirmation
ble until able enforceable no force and being deaf mute (Art. 1392-
judicially until in court effect from who cannot 1396)
rescinded judicial without the very write
ly proper beginning. (3) By loss of
annulle ratification This rule Note: if BOTH the thing
d applies to parties are which is the
contracts incapacitated, object of the
that are the contract is contract
declared UNENFORCEAB through the
void by LE fraud or fault
positive of the person
provision of VOIDABLE Consent may be who is
law (Tomas BECAUSE vitiated by: entitled to
Tan Jr. v. OF institute the
Tomas VITAIATE 1. Mistake action for the Four years
Hosana, G.R. D -It refers to the annulment from the
No. 190846, CONSENT (Art.1401) discovery
February 3, 2. Intimidation Four years
2016). from the
3. Violence time
Remedy Rescissio Annul Only Declaration intimidatio
n or ment personal of nullity of 4. Undue n, violence
rescissor of defense contract Influence or undue
y action contrac influence
t stops
Nature Must be a Direct Indirect Can be 5. Fraud Four years
of action direct action attack attacked Requisites: from the
action needed allowed directly or a. It was discovery
indirectly employed by a
Who can GR:Contr Contra Contracting 3rd persons contracting
file the acting cting party cannot file party upon the


other which is the object of thecontract; and

b. it was c. Consideration – Price certain in money or its
induced the equivalent.
other party to
enter into the 2. Natural elements – Those which are inherent in the
contract contract, and which in the absence of any contrary
c. it was serious; provision, are deemed to exist in the contract.
and e.g.
d. It resulted in a. Warranty against eviction; and
damages and b. Warranty against hiddendefects.
injury to the
party seeking 3. Accidental elements – Dependent onparties’ stipulations;
annulment e.g.
6.Contract a. Conditions;
agreed to in a b. Interest;
state of c. Time & place ofpayment; and
d. Penalty.
drunkness or
during a Effect of absence of any of the essential elements
hypnotic spell
(NCC, Art 1328) The contract of sale is void.

ESTOPPEL Absent proof of the concurrence of all the essential elements of

a contract of sale, the giving of earnest money cannot establish
Q: What is the doctrine of estoppel and to whom is it the existence of a perfected contract of sale (Manila Metal
applied? Container Corp. v. PNB, G.R. No. 166862, December 20, 2006).

A: The doctrine of estoppel is an admission or representation Subject Matter

rendered conclusive upon the person making it, and cannot be
denied or disproved as against the person relying thereon (Art. Requisites of a proper objects of sale
1431, NCC).
The doctrine of estoppel is applied only to those who were a. Determinate or determinable;
parties to the contract and their privies or successors-in- b. Lawful or licit; and
interest (Mactan Cebu International Airport Authority v. Heirs of c. Should not be impossible (within the commerce
Ga Vina Jordan, G.R. No. 173140, January 11, 2016). of men).


Natural obligations, not being based on positive law but on GR: Must be transmissible.
equity and natural law, do not GRant a right of action to e.g.right of redemption, right of usufruct, sale of
enforce their performance, but after voluntary fulfillment by credit, right to inheritance already assigned, etc.
the obligor, they authorize the retention of what has been
delivered or rendered by reason thereof (NCC, Art. 1423). XPNs:
FUTURE INHERITANCE – Cannot be the subject of
Q: Sara borrowed P50,000.00 from Julia and orally sale; and SERVICE
promised to pay it within six months. When Sara tried to
pay her debt on the 8th month, Julia demanded the Reason: They are not determinate things and no transfer of
payment of interest of 12% per annum because of Sara's ownership is available but it can be the object of certain
delay in payment. Sara paid her debt and the interest contracts such as contract for a piece of work (Pineda, 2010).
claimed by Julia. After rethinking, Sara demanded back
from Julia the amount she had paid as interest. Julia claims The subject matter of sale must be determinate or at least
she has no obligation to return the interest paid by Sara determinable.
because it was a natural obligation which Sara voluntarily
performed and can no longer recover. Do you aGRee? Q: Artemio, and his other co-heirs, inherited a lot
Explain (2015 BAR). consisting of 469sqm. Due to a construction of Barangay
Road, the lot was divided into 3 portions consisting of Lots
A: NO.The case is not one of a natural obligation because even A, B, C. They executed an Extra Judicial Settlement, as well
if the contract of loan is verbal, the delay of Julia made her as a Deed of Absolute Sale in favor of Spouses Sillero
liable for interest upon demand by Sara. This is not a case of a consisting of 207sqm, without identifying the lot. Artemio
natural obligation but a civil obligation to pay interest by way however presented a Sketch Plan to the spouses and
of damages by reason of delay (NCC, Articles 1956; 1169; pointed Lot A. Spouses Sillero occupied Lot A, and
2209). subsequently sold it to Gil. Wanting to register the land in
his name, Gil had it assessed and found out that Lot A only
has 140sqm. He filed an action of Quieting of Title with
PART V – SALES Damages against the Artemio, and further demanded that
the remaining 67sqm be given in his possession. Is Gil
NATURE AND FORM OF CONTRACT entitled to recover the remaining 67sqm?

Elements of a Contract of Sale A: No. The subject of the sale between Artemio and the
spouses Sillero was Lot A only. Artemio presented to spouses
1. Essential elements – Forvalidity: Sillero the sketch plan prior to their purchase, and pointed Lot
a. Consent – Meeting of the minds to transfer A. It cannot be any clearer that the portion of lot subject of the
ownership in exchange for theprice; Absolute Sale between Artemio and his co-heirs and the
b. Determinate subject matter – Determinate thing spouses Sillero was Lot A only.


Since what the spouses Sillero bought from Artemio and his event the owner sells the same. As distinguished from an
co-heirs was Lot A, it logically follows that what they sold to Gil option contract, in a right of first refusal, whole the object
was the same and exact property. Two lots cannot fall under a might be made determinate, the exercise of the right of first
single denomination since they have different technical refusal would be dependent not only on the owner’s eventual
descriptions (Macalino v. Pis-An, G.R. No. 204056, June 1, intention to enter into a binding juridical relation with another
2016)(DEL CASTILLO, J.). but also on terms, including the price, that are yet to be firmed
up (PUP v.Golden Horizon Realty Corp., 615 SCRA 478, May 15,
Price 2010).


Money given as distinct Forms part of the purchase price
consideration for an A bilateral contract whereby the prospective seller, while
option contract expressly reserving the ownership of the subject property
Applies to a sale not yet Given only when there is already despite delivery thereof to the prospective buyer, binds
perfected a sale himself to sell the said property exclusively to the prospective
Prospective buyer is not When given, the buyer is bound buyer upon fulfillment of the condition agreed upon, that is,
required to buy. to pay the balance. full payment of the purchase price (Coronel v. CA, G.R. No.
If buyer does not decide to If sale did not materialize, it 103577, October 7, 1996).
buy, it cannot be must be returned. (Villanueva,
recovered. 2014; Pineda, 2010) NOTE: Here, payment of the price is a positive suspensive
condition. Failure of which is not a breach but an event that
Equitable Mortgage prevents the obligation of the vendor to convey title from
becoming effective (Rabuya, 2017).
One which lacks the proper formalities, form or words or other
requisites prescribed by law for a mortgage, but shows the Stages of a Contract of Sale
intention of the parties to make the property subject of the
contract as security for a debt and contains nothing impossible 1. Negotiation– Begins from the time the
or contrary to law (Cachola v. CA, G.R. No. 97822, May 7, 1992; prospective contracting parties manifest their
NCC, Art. 1602). interest in the contract and ends at the moment
of agreement of the parties;
Essential requisites of equitable mortgage 2. Perfection– Takes place when the parties agree
upon the essential elements of the contract; and
1. Parties entered into a contract of sale; and 3. Consummation – Occurs when the parties fulfill
2. Their intention was to secure an existing debt by way or perform the terms agreed upon in the contract
of a mortgage. culminating in the extinguishment thereof
(Swedish Match vs. CA, G.R. No. 128120, October
Q: When is a contract presumed to be an equitable 20, 2004).
mortgages instead of a contract of sale?
Perfection of Contract
1. Price unusually inadequate; The parties must agree on the thing which is the object of the
2. Possession retained by the seller as lessee or contract and the price, nothing can be left open for further
otherwise; arrangement. So long as there is any uncertainty or
3. Period of redemption extended (or granted anew) indefiniteness, or future negotiations or considerations to be
upon or afterthe expiration of the right to had between the parties, there is not a completed contract, and
repurchase; in fact, there is no contract at all. (2002, 2006 Bar)
4. Part of the purchase price retained by the seller;
5. Payment of taxes on the thing sold borne by the Q: Mr. D offered to sell his laptop to Ms. C on an instalment
seller; basis, which Ms. C accepted. The laptop was transferred to
6. Any other case where it may be fairly inferred that Ms. C and the first instalment was duly paid. However, Ms.
the real intention of the parties is for the transaction C failed to pay the subsequent instalments, thus forcing
to secure a debt or other obligation (Art. 1602, NCC). Mr. D to file a case against her. Ms. C denied the alleged
sale and said that the laptop was given merely as a
NOTE: Equitable mortgagevis-à-viscontract of sales security for Mr. D’s debt. She likewise argued that there
waslikewise asked in 1991 and 2005 Bar. was no contract of sale for failure of Mr. D to present a
written contract of sale. She claims that under the Statute
Option Contract of Frauds, a contract of sale to be enforceable must be in
writing. Is Ms. C’s argument tenable?
Q: Explain the nature of an option contract. (2002, 2005
Bar) A:NO. A contract of sale is perfected the moment the parties
agree upon the object of the sale, the price, and the terms of
A:A contract by which the owner of the property agrees with payment. Once perfected, the parties are bound by it whether
another person that he shall have the right to buy his property the contract is verbal or in writing because no form is
at a fixed price within a certain time. It is binding upon the required. Contrary to the view of Ms. C, the Statute of Frauds
promissor if the promise is supported by a consideration does not apply in the present case as this provision applies only
distinct from the price. An option contract is likewise a to executory, and not to completed, executed or partially
separate and distinct contract from a contract of sale. executed contracts. In this case, the contract of sale had been
partially executed because the possession of the laptop was
Right of First Refusal already transferred to petitioner and the partial payments had
been made by her (Duarte v. Duran, G.R. No. 173038, September
Q: How do you distinguish right of first refusal from an 14, 2011)(DEL CASTILLO, J.).
option contract?
Transfer of ownership
A: A right of first refusal is a contractual grant, not of the sale It is tradition or delivery, which is a consequence of the sale
of a property, but of the first priority to buy the property in the that transfers ownership.


Effect of Delivery GR: The sale is void when the seller is not the owner of the
GR: Title /ownership is transferred XPNs:
XPN: When the contrary is stipulated as in the case of:
a. Estoppel: when the owner is precluded from denying
Pactum reservatii in domini –agreement that ownership the sellers authority to sell
willremain with seller until full payment of price (Contract b. Registered land bought in good faith (Ratio: Buyer
tosell). need not go beyond the Torrens title)
c. Order of Courts in a Statutory Sale
Contract to sell does not transfer ownership to the buyer. The d. When the goods are purchased in a Merchant’s store,
seller retains ownership at the time of the execution of the e. Fair or Market (NCC, Art. 1505)
contract to sell (Fabio Cahayag v. Commercial
CreditCorporation, G.R. No. 168078, January 13, 2016). 5. When goods are held by a third party

Sale on acceptance/approval XPN: Third person acknowledges to the buyer that he

Sale on return holds the goods in behalf of the buyer (NCC, Art. 1521)
There is implied reservation of ownership
On sale or return – The ownership passes to buyer upon
Delivery deemed effective delivery, but he may revest ownership in the seller by
returning or tendering the goods within the time fixed in the
Delivery should be coupled with intention of delivering the contract or within reasonable time (NCC, Art. 1502).
thing, and acceptance on the part of the buyer to give legal
effect of the act. Without such intention, there is no such Q: What is the effect of execution of public instrument in a
tradition. contract of sale?
A: The execution of a public instrument gives rise only to a
Delivery of incorporeal property prima facie presumption of delivery. Such presumption is
destroyed when the instrument itself expresses or implies that
1. When sale is made through a public instrument (NCC, delivery was not intended; or when by other means it is shown
Art.1498). that such delivery was not effected, because a third person was
2. By placing the titles of ownership in the possession of the actually in possession of the thing. In the latter case, the sale
buyer. cannot be considered consummated (Equatorial Realty v.
Mayfair Theater,G.R. No. 133879, November 21, 2001).
3. When buyer uses and enjoys the rights pertaining to the
incorporeal property with the consent of the seller (NCC,Art. Double sale
There is double sale when the same object of the sale is sold to
When the object should be delivered different vendees (NCC, Art. 1544).

1. Stipulated time; or Rule governing sale of MOVABLES

2. If there is none, at a reasonable hour.
Ownership shall be transferred to the person who
Place of delivery (Art. 1521 in relation to Art. 1582 of NCC) may have first taken possession in good faith.

The place of delivery shall be: (AUBRI) Rule governing sale of IMMOVABLES

1. That agreed upon; Ownership belongs to the person who:

2. Place determined by usage of trade;
3. Seller’s place of business; 1. In good faith first recorded the sale in the
4. Seller’s residence; or Registry of Property; or
5. In case of specific goods, where they can be found. 2. If there is no inscription of sale on the title,
ownership passes to the person who in good
When delivery does not transfer title faith was first in possession; or
3. In the absence thereof, to the person who
1. Sale on Trial, Approval, or Satisfaction presents the oldest title, provided there is good
2. When there is an EXPRESS RESERVATION faith.

If it was stipulated that ownership shall not pass to the NOTE: Art. 1544 of NCC contemplates a case of double
purchaser until he has fully paid the price (NCC, Art.1478) ormultiple sales by a single vendor. It is necessary that the
conveyance must have been made by a party who has an
3. When there is an IMPLIED RESERVATION existing right in the thing and the power to dispose of it.

a. When goods are shipped, but the bill of lading CAPACITY TO BUY OR SELL
states that goods are deliverable to the seller or his agent, or to
the order of the seller or his agent (NCC, Art. 1503). GR: All persons, whether natural or juridical, who can bind
themselves, have legal capacity to buy and sell [NCC, Art. 1489
b. When the bill of lading is retained by the seller or (1)].
his agent (NCC, Art. 1503).
c. When the seller of the goods draws on the buyer 1. Minors, insane and demented persons and deaf-mutes who
for the price and transmits the bill of exchange and the bill of do not know how to write
lading to the buyer , and the latter does not honor the bill of 2. Persons under a state of drunkenness or during hypnotic
exchange by returning the bill of lading to the seller (NCC, Art. spell
1503). 3. Husband and wife - sale by and between spouses

4. When sale is VOID XPN to XPN:


1. Where necessaries are sold and delivered to a minor A: The sale is void. Article 1898 of the Civil Code provides:
or other person without capacity to act, he must pay
a reasonable price therefor. Art. 1898. If the agent contracts in the name of the principal,
2. In case of sale between spouses: exceeding the scope of his authority, and the principal does not
a. when separation of property was aGReed upon in ratify the contract, it shall be void if the party with whom the
the marriage settlements; or agent contracted is aware of the limits of the powers granted
b. when there has been a judicial separation of by the principal. In this case, however, the agent is liable if he
property aGReed upon between them undertook to secure the principal’s ratification.

Absolute Incapacity Based on the foregoing, (1) Reynalda, as agent, acted beyond
the scope of her authority under the SPA when she executed
Persons who are absolutely incapacitated to enter into a the deed of sale without the knowledge and consent of Sps.
contract of sale Tumibay, and conveyed the subject land to Rowena at a price
not approved by Sps. Tumibay, (2) Rowena was aware of the
1. Unemancipated minors (NCC, Art. 1327); limits of the authority of Reynalda under the SPA, and (3) Sps.
2. Insane or demented persons, and deaf-mutes who do not Tumibay did not ratify, impliedly or expressly, the acts of
know how to write (NCC, Art. 1327). Reynalda. Under Article 1898 of the Civil Code, the sale is void
and Sps. Tumibay are, thus, entitled to the reconveyance of the
Contracts entered into during intervals by insane or demented land (Sps. Tumibay v. Sps. Lopez, G.R. No. 171692, June 3,
persons are generally valid (NCC, Art. 1328); whereas, those 2013)(DEL CASTILLO, J.).
entered into in a state of drunkenness, or during hypnotic
spell, are merely voidable (NCC, Art.1328). Contracts entered EFFECTS OF THE CONTRACT WHEN THE THING SOLD HAS
into by such legally incapacitated persons are not void, but BEEN LOST
merely voidable, subject to annulment or ratification (NCC, Art.
1393). Risk of Loss

Relative Incapacity GR:It is understood that the thing is lost when it:
1. perishes, or
Persons who are relatively incapacitated to enter into a 2. goes out of commerce, or
contract of sale 3. disappears in such a way that its existence is unknown or
1. Spouses (NCC, Art. 1490) cannot be recovered (Art. 1189 (2)).
2. Agents, Guardians, Executors and Administrators, Public
Officers and Employees, Court Officers and Employees, XPN: In an obligation to deliver a generic thing, the loss or
and others specially disqualified by law (NCC, Art. 1491). destruction of anything of the same kind does not extinguish
the obligation (Art. 1263).
Lawyers are expressly prohibited from acquiring property or
rights that may be the object of any litigation in which they Person who bears the risk of loss or deterioration
may take part by virtue of their profession (NCC, Art. 1491(5);
Peña v. De los Santos, et al., G.R. No. 202223, March 2, 2016). Res perit domino – Seller is the owner
PERFECTION so seller bears risk of loss (1999 BAR)
Special Disqualifications
Res perit domino
Persons specially disqualified by law to enter into
contracts of sale (ALIEN-UnOS) AT Contract shall be without any effect –
PERFECTION the seller bears the loss since the buyer
1. ALIENs who are disqualified to purchase private is relieved of his obligation under the
aGRicultural lands (Art. XII Secs. 3 & 7, 1987 Constitution) contract
2. Unpaid seller having a right of lienor having stopped the AFTER Seller;
goods in transitu,is prohibited from buying the goods PERFECTION Deterioration & fruits – Buyer bears
either directly or indirectly in the resale of the same at BUT loss (Tolentino)
public/private sale which he may make (NCC, Art. 1533 BEFORE
[5]; Art. 1476 [4]) DELIVERY
3. The Officer holding the execution or deputycannot Buyer becomes the owner so buyer
become a purchaser or be interested directly or bears risk of loss
indirectly on any purchase at an execution (Sec. 21 Rule AFTER
39, RRC) DELIVERY Delivery extinguish ownership vis-a-vis
4. In Sale by auction, seller cannot bid unless notice has the seller & creates a new one in favor
been given that such sale is subject to a right to bid in of the buyer
behalf of the seller (NCC, Art. 1476).
Q: Sps. Tumibay, owners of the subject land executed an
SPA in favor of Reynalda. Reynalda, as agent, was granted Obligations of the seller (DDTWTP)
authority to offer for sale the land provided that the
purchase price should be approved by Sps. Tumibay. Sps. 1. Deliver the thing sold (NCC, Arts. 1458&1459);
Tumibay and Rowena Lopez agreed to enter into an oral 2. Deliver fruits & accessions/accessories accruing from
contract to sell over the subject land for ₱800,000. perfection of sale;
3. Transfer the ownership;
Rowena made a partial payment for the subject land. 4. Warranties;
Thereafter, Rowena called Reynalda, claiming that she had 5. Take care of the thing, pending delivery, with proper
already bought the land from Sps. Tumibay. diligence;
Using the aforesaid SPA, Reynalda then transferred the 6. Pay for the expenses of the deed of sale unless there is a
title to the subject land in Rowena’s name through a deed stipulation to the contrary.
of sale without the knowledge and consent of Sps.
Tumibay. A new title to the subject land was issued in the
name of Rowena. What is the status of the sale of the land?


Obligations of the Buyer (PAE) EXTINGUISHMENT OF SALE

1. Payment of the price Causes for extinguishment of sale

GR: Seller is not bound to deliver unless the purchase 1. Same causes as how an obligation is extinguished, namely:
price is paid a. Payment or performance
XPN: A period of payment has been fixed b. Loss of the thing due
c. Condonation or remission of the debt
2. Accept delivery of thing sold d. Confusion or merger of the rights of creditor and
3. Bear expenses for the execution and registration of the debtor
sale and putting the goods in a deliverable state, if such is e. Compensation
the stipulation. f. Novation
g. Annulment
Other Obligations of the Buyer h. Rescission
i. Fulfillment of resolutory condition
1. To take care of the goods without the obligation to return, j. Prescription
where the goods are delivered to the buyer and he 2. Conventional Redemption
rightfully refuses to accept (NCC, Art. 1587); 3. Legal redemption
NOTE: The goods in the buyer’s possession are at the

2. To be liable as a depositary if he voluntarily constituted Assignment is the process of transferring gratuitously or

himself as such (NCC, Art. 1587); onerously the right of the assignor to the assignee, who would
3. To pay interest for the period between delivery of the then be allowed to proceed against the debtor (Paras, 2008).
thing and the payment of the price in the following cases
(NCC, Art. 1589): The assignment involves no transfer of ownership but merely
a. should it have been stipulated; effects the transfer of rights which the assignor has at the time
b. should the thing sold and delivered produces fruits to the assignee.
or income; or
c. should he be in default, from the time of judicial or It is an agreement by virtue of which the owner of a credit,
extra-judicial demand for the payment of the price. known as the assignor, by a legal cause, such as sale, dacion en
pago, exchange or donation, and without the consent of the
BREACH OF CONTRACT debtor, transfers his credit and accessory rights to another,
known as the assignee, who acquires the power to enforce it to
Maceda Law; Recto Law the same extent as the assignor could enforce it against the
Q: What are the so-called "Maceda" and "Recto" laws in debtor (South City Homes, Inc. v. BA Finance Corp, G. R. No.
connection with sales on installments? Give the most 135462, December 7, 2001).
important features of each law? (BAR 1999, 2000)
NOTE: In assignments, a consideration is not always a
SUGGESTED ANSWER: requisite, unlike in sale. Thus, an assignee may maintain an
action based on his title and it is immaterial whether or not he
The MACEDA LAW (R.A. 6552) is applicable to sales of paid any consideration therefor. Furthermore, in an
immovable property on installments. It covers primarily assignment, title is transferred but possession need not be
residential real estate bought on instalment. It also covers the delivered.
financing of real estate on instalment. It also includes
subdivisions, condominiums and those under PD 957. Petitioners' right to extinguish their debt under Article 1634
on assignment of credits has not yet lapsed. The pertinent
The most important features are: provision is reproduced here:

1. After having paid installments for at least two years, the Art. 1634. When a credit or other incorporeal right in litigation
buyer is entitled to a mandatory GRace period of one is sold, the debtor shall have a right to extinguish it by
month for every year of installment payments made, to reimbursing the assignee for the price the latter paid therefor,
pay the unpaid installments without interest. If the the judicial costs incurred by him, and the interest on the price
contract is cancelled, the seller shall refund to the buyer from the day on which the same was paid.
the cash surrender value equivalent to 50% of the total
payments made, and after five years of installments, an A credit or other incorporeal right shall be considered in
additional 5% every year but not to exceed 90% of the litigation from the time the complaint concerning the same is
total payments made. answered.
2. In case the installments paid were less than 2 years, the
seller shall give the buyer a GRace period of not less than The debtor may exercise his right within thirty days from the
60 days. If the buyer fails to pay the installments due at date the assignee demands payment from him.
the expiration of the GRace period, the seller may cancel
the contract after 30 days from receipt by the buyer of the Under the last paragraph of Article 1634, the debtor may
notice of cancellation or demand for rescission by notarial extinguish his or her debt within 30 days from the date the
act (Rillo v. CA, G.R. No. 125347, June 19, 1997). assignee demands payment. In this case, insofar as the actual
parties to the deed of assignment are concerned, no demand
The RECTO LAW (Art. 1484 of the NCC) refers to sale of has yet been made, and the 30-day period did not begin to run
movables payable in installments and limiting the right of (Eagleridge Development Corporation v. Cameron Granville 3
seller, in case of default by the buyer, to one of three remedies: Asset Management Inc., G.R. No. 204700, November 24, 2014).
a) demand exact fulfillment; b) cancel the sale if two or more
installments have not been paid; c) foreclose the chattel PART VI – LEASE
mortgage on the things sold, also in case of default of two or
more installments, with no further action against the Kinds of Lease according to subject matter
1. Lease of things – whether real or personal, involving an
obligation on the part of the lessor to deliver the thing


which is the object thereof and the correlative right of the 2. Intention to divide the profits among the contracting
lessee to the peaceful and adequate enjoyment thereof for parties (joint interest in the profits) (Evangelista v.
a price certain (NCC, Art. 1654); or Collector of Internal Revenue, G.R. No. L-9996, October 15,
2. Lease of work – which refers to a contract for a piece of 1987).
work, involving an obligation on the part of the contractor
(lessor) to execute a piece of work for the employer RESPONSIBILITIES OF A PARTNERSHIP TO PARTNERS
(lessee) in consideration of a certain price or
compensation (NCC, Art. 1713); 1. Refund the amounts disbursed by partner in behalf of the
partnership plus corresponding interest from the time the
NOTE: Duties of a contractor who furnishes work and expenses are made, not from the date of demand. (e.g.
materials: loans and advances made by a partner to the partnership
aside from capital contribution);
a. To deliver 2. Answer for obligations the partner may have contracted in
b. To transfer ownership good faith in the interest of the partnership business;
c. To warrant eviction and hidden defects 3. Answer for risks in consequence of its management (Art.
3. Lease of service – involving an obligation on the part of
the housekeeper, laborer or employee, or common carrier OBLIGATIONS OF PARTNERS AMONG THEMSELVES
to do or perform a service for the head of a family, or
master, employer, or passenger or shipper of goods, 1. Contribution of property (Art. 1786)
respectively, in consideration of compensation. 2. Contribution of money and money converted to personal
use (Art. 1788)
NOTE: Since lease is consensual and is not imposed by law, 3. Prohibition in engaging in business for himself (Art. 1789)
only the lessor has the right to fix the rents. However, the 4. Contribute additional capital (Art. 1791)
increasing of the rent is not an absolute right on the part of the 5. Managing partner who collects debt (Art. 1792)
lessor. 6. Partner who receives share of partnership credit (Art.
Implied new lease or a “tacita reconduccion” 7. Damages to partnership (Art. 1794)
8. Keep the partnership books (Art. 1805)
An implied new lease or tacita reconduccion will set in when 9. Render information (Art. 1806)
the following requisites are found to exist: a) the term of the 10. Accountable as fiduciary (Art. 1807)
original contract of lease has expired; b) the lessor has not
given the lessee a notice to vacate; and c) the lessee continued RIGHTS OF PARTNERS AMONG THEMSELVES
enjoying the thing leased for fifteen days with the
acquiescence of the lessor (Samelo v. Manotok Services, G.R. No. 1. Right to reimbursement for amounts advanced to the
170509, June 27, 2012) partnership and to indemnification for risks in
consequence of management (Art. 1796);
Grounds for which lessor may judicially eject lessee (BAR 2. Right on the distribution of profits and losses (Art. 1797).
1994, 2004) 3. Right to associate another person with him in his share
without the consent of the other partners (Art. 1804).
1. When the period aGReed upon had expired;
2. Lack of payment of the price stipulated; NOTE: Such partnership formed between a member of a
3. Violation of any condition agreed upon in the contract; partnership and a third person for a division of the profits
and coming to him from the partnership enterprise is termed
4. Lessee devotes thing lease to any use or service not subpartnership. (De Leon, 2010)
stipulated which causes the deterioration thereof. 4. Right to free access and to inspect and copy at any
reasonable hour the partnership books (Art. 1805).
NOTE: When the grounds relied upon for ejectment are non- 5. Right to formal account as to partnership affairs:
payment of rentals or violation of the conditions of lease, a. If he is wrongfully excluded from the partnership
notice to vacate is crucial. A demand is pre-requisite to an business or possession of its property by his co-
action for unlawful detainer (Arquelada v. Philippine Veterans partners;
Bank, G.R. No. 139137, March 31, 2000). b. If the right exist under the terms of any agreement;
c. As provided by Art. 1807;
Q: What are some instances where the purchaser of the d. Whenever there are circumstances render it just and
thing leased cannot terminate the lease? reasonable.
5. Right to have the partnership dissolved.
A: 6. Property rights of a partner (Art. 1810)
1. Where the lease is recorded in the Registry of Property;
2. Where there is a stipulation that purchaser shall respect OBLIGATIONS OF PARTNERSHIP/PARTNERS TO THIRD
the lease; PERSONS
3. Where the purchaser knows the existence of the lease;
4. Where sale is fictitious; 1. Every partnership shall operate under a firm name.
5. Where the sale is made with right of repurchase (Jurado Persons who include their names in the partnership name
Reviewer, 2009). even if they are not members shall be liable as a partner
(Art. 1815)
2. All partners shall be liable for contractual obligations of
PART VII – PARTNERSHIP the partnership with their property, after all partnership
assets have been exhausted:
b. Subsidiary (Art. 1816) (1993, 2010 BAR)
Essential elements of Partnership NOTE: Any stipulation against the liability laid down
in Art. 1816 shall be void except as among the
1. Agreement to contribute money, property or industry to a partners. (Art. 1817)
common fund (mutual contribution to a common stock);


The subsidiary nature of the partners’ liability with d. Expulsion of any partner in good faith of a member
the partnership is one of the valid defenses against a 2. Violating the agreement
premature execution of judgment directed to a 3. Unlawfulness of the business
partner (Michael Guy v. Atty. Glenn Gacott, G.R. No. 4. Loss
206147, January 13, 2016). a. Specific thing promised as contribution is lost or
3. Partner as an agent of the partnership (Art. 1818) (1994 perished before delivery
BAR) b. Loss of a specific thing contributed before or after
4. Conveyance of real property belonging to the partnership delivery, if only the use of such is contributed
(Art. 1819)
5. Admission or representation made by any partner NOTE: The partnership shall not be dissolved by the
concerning partnership affairs within the scope of his loss of the thing when it occurs after the partnership
authority is evidence against the partnership (Art. 1820) has acquired the ownership thereof.
6. Notice to partner of any matter relating to partnership
affairs operates as notice to partnership except in case of 5. Death of any of the partners
fraud: 6. Insolvency of any partner or of the partnership
a. Knowledge of partner acting in the particular matter 7. Civil interdiction of any partner
acquired while a partner 8. By decree of court under Art. 1831
b. Knowledge of the partner acting in the particular a. A partner has been declared insane or of unsound
matter then present to his mind mind
c. Knowledge of any other partner who reasonably b. A partner becomes in any other way incapable of
could and should have communicated it to the acting performing his part of the partnership contract
partner (Art. 1821) c. A partner has been guilty of such conduct as tends to
7. Partners and the partnership are solidarily liable to 3 rd affect prejudicially the carrying on of the business
persons for the partner's tort or breach of trust (Art. 1822- d. A partner wilfully or persistently commits a breach of
24) the partnership agreement
8. Liability of incoming partner is limited to: e. The business of the partnership can only be carried
a. His share in the partnership property for existing on at a loss
obligations f. Other circumstances render a dissolution equitable
b. His separate property for subsequent obligations
(Art. 1826) Effects of dissolution (2010 BAR)
9. Creditors of partnership are preferred in partnership
property & may attach partner's share in partnership 1. Partnership is not terminated;
assets (Art. 1827) 2. Partnership continues for a limited purpose;
3. Transaction of new business is prohibited (De Leon, 2005).
Winding up of the partnership
Dissolution, Winding-up, and Termination
It is during this time after dissolution that partnership
Winding business or affairs are being settled (De Leon, 2005).
Dissolution Termination
Ways of winding up
A change in the Settling the Point in time
relation of the partnership when all The winding up of the dissolved partnership may be done
partners caused by business or partnership either:
any partner ceasing affairs after affairs are
to be associated in dissolution. wound up or 1. Judicially, under the control and direction of the proper
carrying on the completed; the court upon cause shown by any partner, his legal
business. end of the representative, or his assignee; or
partnership life. 2. Extrajudicially, by the partners themselves without
intervention of the court (De Leon, 2014).
It is that point in It is the It signifies the
time when the final step end of the Action for liquidation
partners cease to after partnership life.
carry on the dissolution It takes place An action for the liquidation of a partnership is a personal one;
business together. in the after both hence, it may be brought in the place of residence of either the
It represents the termination dissolution and plaintiff or the defendant (De Leon, 2014).
demise of a of the winding up
partnership. Thus, partnership. have occurred. Persons authorized to wind up
any time a partner
1. Partners designated by the agreement;
leaves the business,
2. In the absence of such, all partners who have not
the partnership is
wrongfully dissolved the partnership; and,
3. Legal representative of last surviving partner who is not
insolvent(De Leon, 2014).
Causes of dissolution (NCC, Art. 1830)
NOTE: The court may, in its discretion, after considering all the
1. Without violating the agreement:
facts and circumstances of the particular case, appoint a
a. Termination of the definite term or specific
receiver to wind up the partnership affairs where such step is
shown to be to the best interests of all persons concerned.
b. Express will of any partner in good faith, when there
is no definite term and no specified undertaking
An insolvent partner does not have the right to wind up
c. Express will of all partners (except those who have
partnership affairs (De Leon, 2014).
assigned their interests or suffered them to be
charged for their separate debts) either before or
after the termination of any specified term or
particular undertaking


NOTE: A person may express his consent:
Characteristics a. by contract (NCC, Art. 1868), orally or in writing;
b. by conduct (NCC, Art. 1869);
1. It is formed by compliance with the statutory c. by ratification (NCC, Art. 1910); or
requirements. d. the consent may arise by presumption or operation
2. One or more general partners control the business and of law (De Leon, 2010).
are personally liable to creditors. 2. The object is the execution of a juridical act in relation to
3. One or more limited partners contribute to the capital and third persons.
share in the profits but do not participate in the 3. The agent acts as a representative and not for himself.
management of the business and are not personally liable 4. The agent acts within the scope of his authority
for partnership obligations beyond their capital (De Leon, 2010).
4. The limited partners may ask for the return of their Appointment of an Agent
capital contributions under conditions prescribed by law.
5. Partnership debts are paid out of common fund and the GR: There are no formal requirements governing the
individual properties of general partners appointment of an agent.

RIGHTS AND OBLIGATIONS OF A LIMITED PARTNER XPN: When the law requires a specific form. i.e. – when sale of
land or any interest therein is through an agent, the authority
Rights of a limited partner of the latter must be in writing; otherwise, the sale shall be
void (Art. 1874). (2010 BAR)
1. To have partnership books kept at principal place of
2. To inspect/copy books at reasonable hours;
3. To have on demand true and full information of all things Summary of rules; Acts of an agent
affecting partnership;
4. To have formal account of partnership affairs whenever In behalf of the principal, within the scope of authority
circumstances render it just and reasonable; 1. Binds principal;
5. To ask for dissolution and winding up by decree of court; 2. Agent not personally liable
6. To receive share of profits/other compensation by way of
income; and Without or beyond scope of authority
7. To receive return of contributions, provided the Contract is unenforceable as against the principal but binds the
partnership assets are in excess of all its liabilities. agent to the third person
Binding on the principal when:
Liabilities of a limited partner 1. Ratified or
2. The principal allowed the agent to act as though he had
1. To the partnership full powers
Since limited partners are not principals in the
Within the scope of authority but in the agent’s name
transaction of a partnership, their liability as a rule, is to
the partnership, not to the creditors of the partnership. 1. Not binding on the principal;
The general partners cannot, however waive any liability 2. Principal has no cause of action against the 3rd parties and
of the limited partners to the prejudice of such creditors. vice versa
Within the scope of the written power of attorney but agent
2. To the partnership creditors and other partners has actually exceeded his authority according to an
a. A limited partner is liable for partnership obligations understanding between him and the principal
when he contributed services instead of only money 1. Insofar as 3rd persons are concerned (not required to
or property to the partnership inquire further than the terms of the written power),
b. When he allows his surname to appear in the firm agent acted within scope of his authority;
name 2. Principal stopped
c. When he fails to have a false statement in the
certificate corrected, knowing it to be false With improper motives
d. When he takes part in the control of the business Motive is immaterial; as long as within the scope of authority,
e. When he receives partnership property as collateral valid
security, payment, conveyance, or release in fraud of With misrepresentations by the agent
partnership creditors
f. When there is failure to substantially comply with the 1. Authorized – principal still liable
legal requirements governing the formation of 2. Beyond the scope of the agent’s authority
limited partnerships
GR: Principal not liable
XPN: Principal takes advantage of a contract or receives
PART VIII – AGENCY benefits made under false representation of his agent
Mismanagement of the business by the agent
Q: What is a Contract of agency (2000, 2003 BAR)
1. Principal still responsible for the acts contracted by the
A:By the contract of agency, a person binds himself to render agent with respect to 3rd persons;
some service or to do something in representation or on behalf 2. Principal, however, may seek recourse from the agent
of another, with the consent or authority of the latter (NCC, Art. Tort committed by the agent
1868). Principal civilly liable so long as the tort is committed by the
agent while performing his duties in furtherance of the
principal’s business
Essential elements of an agency Agent in good faith but prejudices 3rd parties
Principal is liable for damages
1. Consent (express or implied) of the parties to establish
the relationship.


Express v. Implied Agency Agency by operation of law

BASIS EXPRESS AGENCY IMPLIED AGENCY Instances where an agency is created by operation of law
One where the One which is
agent has been implied from the 1. When the agent withdraws from the agency for a valid
actually acts of the reason, he must continue to act until the principal has had
authorized by the principal. a reasonable opportunity to take the necessary steps like
As to the appointment of a new agent to remedy the situation
principal, either
definition caused by the withdrawal (Art. 1929).
orally or in
writing. 2. In case a person declines an agency, he is bound to
observe the diligence of good father of the family in the
custody and preservation of the goods forwarded to him
When it is directly When it is by the owner until the latter should appoint an agent (Art.
conferred by incidental to the 1885).
words. transaction or
reasonably A special power of attorney is required (1992, 2004 BAR)
necessary to
accomplish the 1. To create or convey real rights over immovable property.
As to purpose of the 2. To enter into any contract by which the ownership of an
authority agency, and immovable is transmitted or acquired either GRatuitously
therefore, the or for a valuable consideration.
principal is 3. To loan or borrow money, unless the latter act be urgent
deemed to have and indispensable for the preservation of the things which
actually intended are under administration.
the agent to 4. To lease any real property to another person for more
possess. than one year.
5. To make such payments as are not usually considered as
Apparent authority v. Authority by estoppel acts of administration.
6. To obligate principal as guarantor or surety.
BASIS Apparent Authority by 7. To bind the principal to render some service without
Authority Estoppel compensation.
That which is Arises when the 8. To bind the principal in a contract of partnership.
though not principal, by his 9. To ratify obligations contracted before the agency.
actually GRanted, culpable negligence, 10. To accept or repudiate an inheritance.
As to the 11. To effect novation which put an end to obligations already
the principal permits his agent to
knowledge of the in existence at the time the agency was constituted.
knowingly exercise powers not
principal of the 12. To make gifts, except customary ones for charity or those
permits the agent GRanted to him, even
authority of the made to employees in the business managed by the agent.
to exercise or though the principal
agent 13. To compromise, to submit questions to arbitration, to
holds him out as may have no notice
possessing. or knowledge of the renounce the right to appeal from a judgment, to waive
agent’s conduct. objections to the venue of an action or to abandon a
prescription already acquired.
Founded in Founded on the
14. Any other act of strict dominion.
As to the conscious principal’s negligence
15. To waive an obligation GRatuitously (NCC, Art. 1878).
establishment of permission of in failing properly to
the authority acts beyond the supervise the affairs
powers GRanted. of the agent.
Obligations of the principal to the agent
Implied agency v. Agency by estoppel
1. Comply with all obligations which the agent may have
contracted within the scope of his authority [NCC, Art.
Agent is a true If caused by the 1910(1)].
As to agent, with rights “agent”, he is not 2. Advance to the agent, should the latter so request, the
liability and duties of an considered a true sums necessary for the execution of the agency (NCC, Art.
between agent. agent, hence, he 1912).
principal has no rights as 3. Reimburse the agent for all advances made by him, even if
and agent such. the business or undertaking was not successful, provided
the agent is free from fault (Ibid.).
1. The principal is 1. If caused by 4. Indemnify the agent for all damages which the execution
always liable; the principal, of the agency may have caused the latter without fault or
2. The agent is he is liable, negligence on his part (NCC, Art. 1913).
never but only if the 5. Pay the agent the compensation aGReed upon, or if no
As to personally 3rd person compensation was specified, the reasonable value of the
liability to liable. acted on the agent’s services (De Leon, 2014).
third misrepresenta
persons tion; Irrevocable agency
2. If caused by
the agent An agency is irrevocable
alone, only the
agent is liable. 1. If a bilateral contract depends upon it.
2. If it is the means of fulfilling an obligation already


3. If partner is appointed manager and his removal from the enforce an express enforce an implied
management is unjustifiable (NCC, Art 1927). (2001 BAR) trust, so long as trust, even when
4. If it has been constituted in the common interest of the Laches or there is no express there is no express
principal and the agent (NCC, Art. 1930). extinctive repudiation of the repudiation of the
5. Stipulation pour atrui (NCC, Art. 1311). prescription trust by the trustee trust by the trustee
and made known and made known
MODES OF EXTINGUISHMENT to the beneficiary, to the beneficiary,
cannot be barred may be barred by
1. Expiration of the period by laches or laches or by
2. Death, civil interdiction, insanity or insolvency of extinctive extinctive
principal or of the agent prescription. prescription.
3. Withdrawal by the agent
4. Accomplishment of the object or the purpose of the Prescriptibility of actions to enforce trust under Art. 1456
5. Revocation An action for reconveyance of real property based upon a
6. Dissolution of the firm or corporation which entrusted or constructive or implied trust, resulting from fraud, may be
accepted the agency (NCC, Art. 1919). barred by the statute of limitations. An action may be filed
from the discovery of the fraud. In some cases, the discovery is
Q: Is the sale of the land by the agent after the death of the deemed to have taken place when new certificates of title were
principal valid? issued exclusively in the name of another person. (Gerona v. De
Guzman, 11 SCRA 153, May 29, 1964)
A: Article 1931 provides that an act done by the agent after the
death of the principal is valid and effective if these two Period of prescription
requisites concur:
1. that the agent acted without the knowledge of the death of Annulment of voidable Four (4) years from the
the principal; and contract based on discovery of the fraud.
2. that the third person who contracted with the agent fraudulent registration of [Art. 1391 (4) Civil Code]
himself acted in good faith. the subject property.
Declaration of nullity or Imprescriptible. (Art.
Good faith here means that the third person was not aware of inexistence of a void or 1410, Civil Code)
the death of the principal at the time that he contracted with inexistent contract based
said agent (Rallos v. Felix Go Chan, G.R. No. L-24332, January 31, on fraudulent registration
1978). of the subject property.
Based on fraudulent Ten (10) years from the
PART IX – TRUST registration of the subject discovery of the fraud.
property but the action [Art. 1144 (2) Civil Code]
It is the legal relationship between one person having an does not involve
equitable ownership in a certain property and another person annulment of contract.
owning the legal title to such property (Jurado). If the legitimate owner of An action to quiet title.
the subject property Therefore,
NOTE: Trust is founded in equity and can never result from which was fraudulently imprescriptible. (Caragay
acts violative of law (Deluao vs Casteel, 26 SCRA 415, 1968 and registered in the name of Layno v. Court of Appeals,
29 SCRA 350, 1969). another had always been 133 SCRA 718)
in possession thereof

Express trust v. Implied trust Conversion of Implied Trust to Express Trust

BASIS EXPRESS TRUST IMPLIED TRUST An implied trust may converted to an express trust through
Created by the Come into being by recognition by the implied trustee of the right to the property
Definition intention of the operation of law. It of the owner (De Leon, 2014).
(NCC, Art. trustor or of the may be either
1441) parties. resulting or PART X – CREDIT TRANSACTIONS
Created by the Those which, LOAN
direct and positive without being
acts of the parties, expressed, are What is a Loan?
by some writing or deducible from the
Manner of deed or will or by nature of the It is a contract where one of the parties delivers to another,
creation words evidencing transaction by either something not consumable so that the latter may use the
an intention to operation of law as same for a certain time and return it, in which case is called a
create a trust. matters of equity, commodatum; or money or other consumable things, upon the
independently of condition that the same amount of the same kind and quality
the particular shall be paid, in which case the contract is simply called a loan
intention of the or mutuum (NCC, Art. 1933). (1993, 2004, 2005 BAR)
An express trust An implied trust Bank deposits, which are in the nature of a simple loan or
concerning an concerning an mutuum, must be paid upon demand by the depositor. (MBTC
Parole immovable or any immovable or any v. Rosales, GR No. 183204, January 13, 2014).
evidence interest therein interest therein
cannot be proved may be proved by
by parole evidence parole evidence
(NCC, Art. 1443). (NCC, Art. 1457).
An action to An action to


COMMODATUM possession of the

thing loaned but
What are the kinds of Commodatum?
1. Ordinary commodatum – bailor cannot just demand the GR: not its fruit
return of the thing at will, because there is a period because the bailor
aGReed upon by the parties. remains the owner
2. Precarium – one whereby the bailor may demand the
thing loaned at will in the following cases: XPNs:
a. If the duration of the contract had not been use of the fruits is
stipulated; stipulated;
b. If the use to which the thing loaned should be enjoyment of the
devoted had not been stipulated; or fruits is stipulated; or
c. If the use of the thing is merely by tolerance of the enjoyment of the
owner fruits is incidental to
its use
NOTE: The word “owner” in Art. 1947 (2) is not proper Real or personal Only personal
because the bailor need not be the owner of the thing (Pineda, property property
2006; Art. 1938).
Generally non-
What are the elements of Commodatum? Subject consumable things
1. There must be a bailor and bailee; Matter but may cover
2. the bailee acquires the use of the thing; consumables if the
3. it must be GRatuitous purpose of the
contract is for
Who are the parties in Commodatum? exhibition.
1. Bailor/Comodatario/Commodans – The giver/ lender - Ownership Retained by the Passes to the debtor
The party who delivers the possession or custody of the of the bailor
thing bailed. thing
2. Bailee/Comodante/Commodatarius – The recipient/ Thing to Exact thing loaned Equal amount of the
borrower - The party who receives the possession or be same kind and
custody of the thing thus delivered. returned quality
Who bears Bailor Debtor
MUTUUM risk of loss
In case of urgent Only after the
What are the characteristics of Mutuum? need even before the expiration of the
When to expiration of term term
1. Borrower acquires ownership of the thing (Art 1953). return (the contract is in the
2. If the thing loaned is money, payment must be made in the meantime
currency which is legal tender in the Philippines and in suspended)
case of extraordinary deflation or inflation, the basis of Contract of use Contract of
payment shall be the value of the currency at the time of Contract
the creation of the obligation (Art 1249 and 1250).
3. If fungible thing was loaned, the borrower is obliged to INTEREST AND THE SUSPENSION OF THE USURY LAW
pay the lender another thing of the same kind, quality and
quantity even if it should change in value. Explain the rules on interest
Explain the rules on payment of loan GR: No interest shall be due unless it is stipulated in writing
(Art. 1956)(2004 BAR).
If the object of loan is
1. Money – Governed by Arts. 1249 and 1250 XPN: In case of interest on damages or indemnity for damages,
it need not be in writing.
GR: Payment shall be made in the currency stipulated.
XPN: If not, that currency which is legal tender in the The rate of interest for the loan or forbearance of any money,
Philippines. goods or credits and the rate allowed in judgments, in the
absence of an express contract as to such rate of interest, shall
In case of extraordinary inflation – value of the currency at the be six percent (6%) per annum (BSP Circular No. 799, July 1,
time of the creation of the obligation. 2013).
Loan of money can be payable in kind if there is an agreement Basis for the interest rate for compensatory interest
between the parties 1. Central Bank Circular No. 799 – 6% per annum in
cases of:
2. Consumable or fungible thing – Debtor or borrower shall a. Loans
pay another thing of the same kind, quality and quantity b. Forbearance of money, goods and credits
even if it should change in value. If cannot be done, the c. Judgment involving such loan or forbearance
value of the thing at the time of its perfection (delivery) 2. Art. 2209, NCC – 6% per annum in cases of:
shall be the basis of the payment of the loan (Art 1955). a. Other sources (i.e. sale)
b. Damages arising from injury from person.
Commodatum v. Mutuum (1996, 2004 BAR) c. Loss of property which does not involve a loan.
3. Interest accruing from unpaid interest (compound
BASIS COMMODATUM MUTUUM interest) – There must first be a stipulation for
Non-consumable and Money or payment of interest due and this shall earn interest
Non- fungible consumable thing from the time it is judicially demanded although the
GRatuitous, May or may not be obligation may be silent upon this point.
otherwise it is a lease GRatuitous
Purpose Use or temporary Consumption


With regard to an award of interest in the concept of in the nature of irregular deposit but they are really loans
actual and compensatory damages, please state the governed by the law on loans (De Leon, 2010). (1997, 1998,
guidelines regarding the manner of computing legal 2009 BAR)
interest in the following situations:
What are the obligations of a depositary in voluntary
A. When the obligation is breached and it consists in deposit?
the payment of a sum of money like a loan or
forbearance of money 1. To keep the thing safely and return it
B. When the obligation does not constitute a loan or 2. Exercise same diligence as he would exercise over his own
forbearance of money property
3. GR:Not to deposit the thing with a third person
Consider the issuance of BSP-MB Circular No. 799, which XPNs:
became effective on July 1, 2013. (BAR 2016) a. When expressly authorized by stipulation; and
b. When the preservation of the thing requires its use
A. When the obligation is breached and it consists in the (Art. 1977)
payment of a sum of money like a loan or forbearance of
money, in the absence of stipulation, the rate of interest Depositary is liable for the loss if:
shall be the legal rate of 6% per annum (Art. 2209 of i. He deposits the thing to a third person without
NCC), which was increased to 12% per annum per MB authority, even though the loss is due to fortuitous
Circular 905 (series of 1982), to be computed from events
default. The twelve percent (12%) per annum legal ii. Deposits the thing to a third person who is manifestly
interest shall apply only until June 30, 2013. From July 1, careless or unfit although there is authority.
2013, the new rate of six percent (6%) per annum shall 4. If the thing should earn interest:
be the prevailing rate of interest when applicable. (Nacar a. Collect interest as it falls due
v. Gallery Frames, GR No. 189871, August 13, 2013). b. Take steps to preserve the value and rights
corresponding to it
The interest on the amount of damages awarded may be 5. Not to commingle things if so stipulated
imposed at the discretion of the court at the rate of 6% per 6. GR:Not to make use of the thing deposited
annum. No interest, however, shall be adjudged on XPNs:
unliquidated claims or damages, except when or until the a. When preservation of thing deposited requires its
demand can be establised with reasonable certainty. use
Accordingly, where the demand is establised with reasonable b. When authorized by depositor
certainty, the interest shall begin to run from the time the
claim is made judicially or extra-judicially, but when such GR: In such case, it is no longer a deposit but a
certainty cannot be so reasonably establoished at the time the contract of loan or commodatum, as the case may be.
demand is made, the interest shall begin to run only from the
date the judgment of the court is made (at which time the XPN: Principal reason for the contract is still
quantification of damages may be deemed to have been safekeeping, it is still deposit.
reasonably ascertained). The actual base for the computation
of legal interest shall, in any case, be on the amount finally 7. When the thing deposited is delivered sealed and closed:
adjudged. a. Return the thing in the same condition
b. Pay damages if seal be broken through his fault
DEPOSIT c. Keep the secret of the deposit when seal is broken w/
or w/o his fault
What is a deposit?
However, the depositary is authorized to open the
Deposit is a contract whereby a person (depositor) delivers a seal or lock when:
thing to another (depositary), for the principal purpose of i. There is presumed authority (i.e. the key is delivered)
safekeeping it, with the obligation of returning it when ii. Out of necessity
demanded (Pineda, 2006)
8. GR:Pay for any loss or damage that may arise due to his
What are the characteristics of a deposit? fault
1. It is Real contract XPN: Liability of loss through fortuitous event
2. The object of the contract must be a movable property
XPN: Judicial deposit XPNs to XPN Even in case of loss through fortuitous
3. The purpose is for the safekeeping of the thing deposited. event, still liable if: (Art. 1979)
4. It is GRatuitous, unless there is a: a. Stipulated
a. Contrary agreement; or b. He uses the thing without depositor’s permission
b. The depositary is engaged in the business of storing c. He delays its return
goods, like a warehouseman (Art. 1965). d. He allows others to use it (even if he himself is
c. Where the property is saved from destruction authorized to use it)
without knowledge of the owner, the latter is bound 9. Return the thing deposited with all its fruits, accessions,
to pay the other person just compensation (as in case and accessories (Art. 1983)
ofinvoluntary deposit). 10. Pay interest on sums converted to personal use if the
5. The depositary cannot use the thing deposited, unless: deposit consists of money
a. Permitted by the depositor; or
b. Preservation of the thing requires its use, but only for When is deposit considered as necessary deposit?
said purpose.
1. When it is in compliance with a legal obligation;
Are fixed, savings and current deposits in banks governed 2. It takes place on the occasion of any calamity, such as fire,
by the rules on deposit? storm, flood, pillage, shipwreck, or other similar events
(Art. 1996).
Fixed, savings and current deposits in banks and other similar 3. Made by passengers with common carriers; or
institutions are not true deposits but are considered simple 4. Made by travelers in hotels or inns (Art. 1998).
loans because they earn interest (Art. 1980). Bank deposits are


When are keepers of hotels or inns may be held liable? 8. A pledge or mortgage of his own property has been given
by Guarantor as special security.
1. The keepers of hotels or inns shall be held responsible for 9. Guarantor fails to interpose it as a defense before
loss of thing in case of deposit when both are present: judgment is rendered.
a. They have been previously informed by guest about
the effects the latter brought in, and The terms of a contract govern the parties’ rights and
b. The guest has taken precautions prescribed for their obligations. When a party undertakes to be “jointly and
safekeeping. severally” liable, it means that the obligation is solidary.
2. They are liable regardless of the deGRee of care exercised Furthermore, even assuming that the party is liable only as a
when: guarantor, he can be held immediately liable without the
a. Loss or injury is caused by his employees or even by benefit of excussion if the guarantor aGReed that his liability is
strangers (Art. 2000); or direct and immediate (Orix Metro Leasing and Finance Corp., v.
b. Loss is caused by act of thief or robber when there is Cardline Inc, G.R. No. 201417, January 13, 2016).
no use of arms or irresistible force(Art. 2001).
3. The keepers of hotels or inns are not liable for loss of thing EXTINGUISHMENT OF GUARANTY
in case of deposit when:
a. Loss or injury is caused by force majeure; What are the Grounds for the extinguishment of guaranty?
b. Loss due to the acts of guests, his family, his employees, or
visitors; and 1. Principal obligation is extinguished
c. Loss arises from the character of the goods (Art. 2002). 2. Same causes as all other obligations
3. If creditor voluntarily accepts immovable or other
When does judicial deposit takes place? properties in payment of the debt (even if he should
afterwards lose the same through eviction or conveyance
Judicial deposit (sequestration) take place when an attachment of property) (Art. 2077)
or seizure of property in litigation is ordered by a court (Art. 4. Release in favor of one of the guarantors, w/o consent of
2005). the others, benefits all to the extent of the share of the
It is auxiliary to a case pending in court. The purpose is to guarantor to whom it has been GRanted (Art. 2078)
maintain the status quo during the pendency of the litigation 5. Extension GRanted to debtor by creditor without consent
or to insure the right of the parties to the property in case of a of guarantor (Art. 2079)
favorable judgment (De Leon, 2010). 6. When by some act of the creditor, the guarantors even
though they are solidarily liable cannot be subrogated to
GUARANTY AND SURETYSHIP the rights, mortgages, and preferences of the former (Art.
(1992, 1997, 2010 BAR) 2080)
Collateral undertaking Surety is an original PACTUM COMMISSORIUM
promissory undertaking (1999, 2001, 2004, 2009 BAR)
Guarantor-secondarily Surety-primarily liable
liable Explain Pactum Commissorium
Guarantor binds himself to Surety undertakes to pay if Pactum commisorium is a stipulation whereby the thing
pay if the principal cannot principal pledged or mortgaged or subject of antichresis shall
pay does not pay automatically become the property of the creditor in the event
Insurer of solvency of debtor Insurer of the debt of non-payment of the debt within the term fixed. Such
stipulation is null and void (NCC, Art. 2085).
Guarantor can avail of the Surety cannot avail of the
benefit of excussion and benefit of excussion and What are the elements of Pactum Commissorium?
division in case creditor division
proceeds against him 1. That there should be a pledge or mortgage wherein
property is pledged or mortgaged by way of security for
EFFECTS OF GUARANTY: BENEFIT OF EXCUSSION the payment of the principal obligation; and
2. That there should be a stipulation for an automatic
What are the requisites for the exercise of the benefit of appropriation by the creditor of the thing pledged or
excussion? mortgaged in the event of non-payment of the principal
1. The guarantor must set up the right of excussion against obligation within the stipulated period(Spouses Roberto
the creditor upon the latter’s demand for payment from Pen v. Spouses Santos, G.R. No. 160408, January 11, 2016).
him; and
2. He must point out to the creditor the available property of PLEDGE
the debtor (not exempted from execution) found within
the Philippine territory (Art. 2060). What are the requisites of a pledge? (1991, 1994, 1996,
1999, 2001 BAR)
When does benefit of excussion unvailable?
1. Constituted to secure the fulfillment of a principal
1. Guarantor has expressly renounced it; obligation;
2. Guarantor has bound himself solidarily with the Debtor; 2. Pledgor is the absolute owner of the thing pledged;
3. Debtor is insolvent; 3. Persons constituting the pledge have the free disposal of
4. Guarantor has absconded, or cannot be sued within the their property, and in the absence thereof, that they be
Philippines unless he left a manager or representative; legally authorized for the purpose (Art. 2085).
5. If it may be presumed that an execution on the property of 4. A contract of pledge is perfected when the thing pledged
the Debtor cannot satisfy the obligation (Art. 2059); is placed in the actual possession of or delivered to the
6. Guarantor does not invoke the benefit against Creditor pledgee or a third person designated by the parties by
upon demand to him for payment and he does not point common consent (Art. 2093).
out available property of the Debtor within the
Philippines sufficient to cover the obligation (Art. 2060).
7. Guarantor is a judicial bondsman or sub-surety (Art.


RIGHTS AND OBLIGATIONS It is a clause which operates as a convenience and

OF THE PLEDGOR AND THE PLEDGEE accommodation to the borrowers as it makes available
additional funds without their having to execute additional
What are the rights of a pledge? security documents, thereby saving time, travel, loan closing
costs, costs of extra legal services, recording fees etc.
1. Retain the thing until debt is paid (Art. 2098).
2. To be reimbursed for the expenses made for the Kinds of foreclosure
preservation of the thing pledged (Art. 2099).
3. Creditor may bring any action pertaining to the pledgor in 1. Judicial – Governed by Rule 68, Rules of Court
order to recover it from or defend it against a third person 2. Extrajudicial – Mortgagee is given a SPA to sell the
(Legal Subrogation) (Art. 2103). mortgaged property (Act No. 3135)

What are the obligations of a pledgee? Requisites for valid right of redemption

1. Take care of the thing pledged with the diligence of a good 1. Must be made within one year from the time of the
father of a family (Art. 2099). registration of the sale.
2. GR: Pledgee cannot deposit the thing pledged to a third 2. Payment of the purchase price of the property plus 1%
person. interest per month together with the taxes thereon, if any,
XPN: Unless there is stipulation to the contract (Art. paid by the purchaser with the same rate of interest
2100). computed from the date of registration of the sale; and
3. Apply the fruits, income, dividends, or interests produced 3. Written notice of the redemption must be served on the
or earned by the property, to interests or expenses first, officer who made the sale and a duplicate filed with the
then to the principal (Art. 2102). proper Register of Deeds (Rosales v. Yboa, G.R. No. L-
4. GR: Cannot use the thing pledged without authority (Art. 42282, February 28, 1983).
XPNs: The redemptioner should make an actual tender in good faith
a. If the pledgor had given him authority or permission of the full amount of the purchase price as provided above, i.e.,
to use it; the amount fixed by the court in the order of execution or the
b. If the use of the thing is necessary for its preservation amount due under the mortgage deed, as the case may be, with
but only for that purpose. interest thereon at the rate specified in the mortgage, and all
5. Return the thing pledged to the pledgor when the the costs, and judicial and other expenses incurred by the bank
principal obligation is fulfilled or satisfied it. or institution concerned by reason of the execution and sale
and as a result of the custody of said property less the income
What are the rights of the pledgor? received from the property (Heirs of Quisimbing v. PNB, G.R.
No. 178242, Jan. 20, 2009).
1. Right to dispose the thing pledged, provided there is
consent of the pledgee (Art. 2097) As instituted heirs only to a part of the free portion of Basilia’s
2. Right to ask that the thing pledged be deposited (Art. estate, the GRandchildren are entitled to receive their share, if
2104 and Art. 2106) any, only after payment of all debts, funeral charges, expenses
3. Right to substitute thing pledged (Art. 2107) of administration, allowance to the widow and inheritance tax.
The disputed share was sold at a public auction to satisfy the
REAL MORTGAGE judgment claim of Benita as creditor. When it was redeemed
by Gepuela, no further redemption was made. Upon expiration
What are the requisites for a valid constitution of a real of the periods to redeem, Gepuela became entitled, as a matter
mortgage? (1991, 1994, 1996, 1999, 2001 BAR) of right, to the consolidation of the ownership. The share no
longer formed part of the estate which can theoretically be
1. It covers only immovable property and alienable real distributed to the GRandchildren(Heirs of Jose Ma. Gepuela v.
rights imposed upon immovables Bernita Menez-Andres, G.R. No. 173636, January 13, 2016).
2. It must appear in a public instrument
3. Registration in the Registry of Property is necessary to ANTICHRESIS
bind third persons
Wha are the form of a contract of antichresis and its
A juridical entity does not have the power to mortgage its contents?
properties in order to secure loans of other persons. Parties
dealing with corporations cannot simply assume that their 1. Covers only the Fruits of real property
transaction is within the corporate powers. The acts of a 2. Delivery of the property necessary so that CR may receive
corporation are still limited by its powers and purposes and the fruits therefrom
provided in the law and its articles of incorporation (University 3. Amount of principal and interest must be specified in
of Mindanao, Inc. v. Bangko Sentral ng Pilipinas, G.R. No. writing, otherwise, the contract shall be void.
194964, January 11, 2016). 4. Express agreement that debtor will give Possession to the
CR and that CR will apply the fruits to the interest and
What is a Dragnet clause? then to the principal.

It is a mortgage provision which is specifically phrased to The fruits of the immovable which is the object of the
subsume all debts of past or future origin. It is a valid and legal antichresis must be appraised at their actual market value at
undertaking, and the amounts specified as consideration in the the time of the application (Art. 2138).The property delivered
contracts do not limit the amount for which the pledge or stands as a security for the payment of the obligation of the
mortgage stands as security, if from the four corners of the debtor in antichresis. Hence, the debtor cannot demand its
instrument, the intent to secure future and other indebtedness return until the debt is totally paid.
can be gathered. A pledge or mortgage given to secure future
advancements is a continuing security and is not discharged by Who are the parties to an Antichresis?
the repayment of the amount named in the mortgage until the
full amount of all advancements shall have been paid (Premiere 1. Antichretic creditor – One who receives the fruits on the
Development Bank v. Central Surety & Insurance, Inc., G.R. No. immovable property of the debtor.
176246, February 13, 2009).


2. Antichretic debtor – One who pays his debt through the 5. After the sale of the chattel at public auction, the right of
application of the fruits of his immovable property. redemption is no longer available to the mortgagor
(Cabral v. Evangelista, 28 L-26860, July 30, 1969).
What are the obligations of an antichretic creditor?
1. Pay the taxes and charges assessable against the property
like real estate taxes and others; What is a Quasi-Contract?
2. Bear the necessary expenses for the preservation of the
property; Lawful, voluntary, and unilateral acts which generally require
3. Bear the expenses necessary for the repair of the a person to reimburse or compensate another in accordance
property; and with the principle that no one shall be unjustly enriched at the
4. Apply the fruits received for payment of the outstanding expense of another (Art. 2142).
interests, if any, and thereafter of the principal.
What are the essential requisites of negostiorum gestio?
1. Taking charge of another’s business or property
Requisites 2. The property or business must have been abandoned or
1. GR: It covers only movable property 3. The officious manager (gestor) must not have been
XPN: When the parties treat as personalty that which is expressly or implicitly authorized
according to its nature realty. 4. The officious manager (gestor) must have voluntarily
2. Registration with the Chattel Mortgage Register. taken charge
3. Description of the property. 5. The officious manager or gestor must not be acting
erroneously on the belief that he is the owner of the
Section 7 of the Chattel Mortgage Law does not demand property or business.
specific description of every chattel mortgaged in the deed of
mortgage, but only requires that the description of the What are the requisites for solutio indebiti?
mortgaged property be such as to enable the parties to the
mortgage or any other person to identify the same after a 1. Receipt of something.
reasonable investigation and inquiry (Saldana v. Phil. Guaranty 2. There was no right to demand it
Co., Inc., G.R. No. L-13194, January 29, 1960); otherwise, the 3. Undue delivery was because of mistake.
mortgage is invalid.
4. Accompanied by an affidavit of good faith to bind third SECTION 133
persons.The absence of an affidavit of good faith does not
affect the validity of the contract. What is a liquidation Process?

Registration of the Chattel mortgage The proceeding where claims are filed and the assets of the
insolvent debtor are disposed and the proceeds are divided
It is tantamount to the symbolic delivery of the mortgage to among the creditors.
the mortgagee, which is equivalent to actual delivery (Meyers v.
Thein, G.R. No. 5577, February 21, 1910). What is a Liquidation Plan?

Registration period of the chattel mortgage The Liquidation Plan shall, as a minimum enumerate all the
assets of the debtor and a schedule of liquidation of the assets
The law does not provide period within which the registration and payment of the claims, which within 3 months from the
should be made. Yet, the law is substantially and sufficiently Liquidators assumption to his office must prepare and submit
complied with where the registration is made by the to the court (FRIA, Sec, 129).
mortgagee before the mortgagor has complied with his
principal obligation and no right of innocent third persons is The Liquidation Plan and its Implementation shall ensure that
prejudiced. the concurrence and preference of credits as enumerated in
the Civil Code of the Philippines and other relevant laws shall
Registration in Real Estate Mortgage and Registration in be observed, unless a preferred creditor voluntarily waives his
Chattel Mortgage preferred right. For purposes of this chapter, credits for
services rendered by employees or laborers to the debtor shall
The difference in registration of real mortgage and chattel enjoy first preference under Article 2244 of the Civil Code,
mortgage is that a deed of real estate mortgage is considered unless the claims constitute legal liens under Article 2241 and
registered once recorded in the entry book. However, chattel 2242 thereof (FRIA, Sec. 133).
mortgage must be registered not only in the entry book but
also in the Chattel Mortgage Register. NOTE: The liquidator shall be deemed an officer of the court
with the principal duly of preserving and maximizing the value
Procedure in foreclosure of a chattel mortgage and recovering the assets of the debtor, with the end of
liquidating them and discharging to the extent possible all the
1. The mortgagee may, after thirty (30) days from the time claims against the debtor (FRIA, Sec. 119)
of the default or from the time the condition is violated,
cause the mortgaged property to be sold at public auction What are the preferred credits on specific movables as
by a public officer (Sec. 14, Act No. 1508). provided in Art. 2241?
2. The 30-day period to foreclose a chattel mortgage is the
minimum period after violation of the mortgage condition Summary:
for the mortgage
3. The creditor has at least ten (10) days notice served to the 1. Taxes
mortgagor 2. Malversation by public officials
4. The notice of time, place and purpose of such sale, is 3. Vendor’s lien
posted 4. Pledge, chattel mortgage
5. Mechanic’s lien


6. Laborer’s wages 1. All persons not expressly prohibited by law (NCC, Art.
7. Salvage 796);
8. Tenancy 2. At least 18 years of age; (NCC, Art. 797); and
9. Carrier’s lien 3. Of sound mind (NCC, Art. 798).
10. Hotel’s lien
11. Crop loan It is not necessary that the testator be in full possession of all
12. Rentals – one year his reasoning faculties or that his mind be wholly unbroken,
13. Deposit unimpaired or unshattered by disease, injury or other cause.
In the foregoing cases, if the movables to which the lien or
preference attaches have been wrongfully taken, the creditor To be of sound mind, it shall be sufficient if the testator was
may demand them from any possessor within thirty (30) days able, at the time of making the will, to know the:
from the unlawful seizures through accion subrogatoria. a. Nature of the estate to be disposed of;
b. Proper objects of his bounty; and
Whar are the preferred credits on specific immovables as c. Character of the testamentary act (NCC, Art. 799).
provided in Art. 2242?
The requirement that the testator be of sound mind is essential
Summary: only at the time of the execution of the will.

1. Taxes GR: The law presumes that every person is of sound mind, in
2. Vendor’s lien the absence of proof to the contrary [NCC, Art. 800(1)].
3. Contractor’s lien
4. Lien of materialmen XPNs: If the testator was:
5. Mortgage 1. Publicly known to be insane, one month or less, before
6. Expenses of preservation making his will [NCC, Art. 800(2)]; or
7. Recorded attachments 2. Under guardianship at the time of the making of the will
8. Warranty in partition (Torres v. Lopez, G.R. No. L-25966, November 1, 1926)
9. Conditional donations
10. Premiums for 2 years – insurers NOTE: Mere weakness of mind or partial imbecility from
disease of body or from age does not necessarily render a
PART XI – SUCCESSION person incapable of making a will.

A person suffering from civil interdiction is qualified to

GENERAL PROVISIONS make a will. He is deprived of the power to dispose of his
properties through acts inter vivos but not through acts mortis
The rights to the succession are transmitted from the moment FORMAL VALIDITY OF WILLS
of the death of the decedent (NCC, Art. 777).
It is the law of the country where the will was executed that
The law in force at the time of the decedent’s death will governs the form and solemnities of wills [NCC, Art. 17(1);
determine who the heirs should be (Uson v. Del Rosario,G.R. No. Art. 815]. When a Filipino is in a foreign country, he is
L-4963, January 29, 1953). authorized to make a will in any of the forms established by
the law of the country in which he may be. Such will may be
An heir is one who succeeds to the whole (universal) or aliquot probated in the Philippines (NCC, Art. 815).
part of the estate. A devisee or legatee is one who succeeds to The will of an alien who is abroad produces effect in the
definite, specific, and individualized properties. Philippines if made with the formalities prescribed by the law
Requisites of succession (DATE) of the place in which he resides, or according to the
1. Death of decedent; formalities observed in his country, or in conformity with
2. Acceptance of the inheritance by the successor; those which the Civil Code prescribes (Art. 816). (1990, 1998,
3. Transmissible estate; 2009 BAR)
4. Existence and capacity of successor, designated by
TESTAMENTARY SUCCESSION Laws relating to family rights and duties, or to the status,
condition and legal capacity of persons are binding upon
Rule on non-delegability of will-making citizens of the Philippines even though living abroad (NCC, Art.
The exercise of the disposing power is the act that cannot be 15).
delegated. But the mere mechanical act of drafting the will may
be done by a third person as it does not constitute a delegation Matters pertaining to intestate and
of the will or disposition. testamentarysuccession which are regulated by the
national lawof the deceased:
The following, however may be entrusted to a third
person: 1. Order of succession;
1. Distribution of specific property or sums of money that 2. Amount of successional rights;
the testator may leave in general to specified classes or 3. Intrinsic validity of testamentary provisions; and
causes. 4. Capacity to succeed (NCC, Art. 16; NCC, Art. 1039).
2. Designation of the persons, institutions or establishments
to which such property or sums are to be given or applied Formal requirements common to both notarial and
(NCC, Art. 786). holographic wills (2008 Bar)
TESTAMENTARY CAPACITY AND INTENT 1. Law governing extrinsic validity of wills;
2. In writing; and
Requisites of testamentary capacity / who may make a NOTE: Nuncupative wills are oral wills declared or
will dictated by the testator and dependent merely on oral


testimony. Philippine laws do not recognize the validity of fact that their eyes were actually cast upon the paper at
“nuncupative wills.” the moment of its subscription by each of them, but
3. In a language or dialect known to the testator. whether at that moment existing conditions and the
position of the parties, with relation to each other, were
NOTARIAL WILLS such that by merely casting their eyes in the proper
direction they could have seen each other sign (Nera v.
Formalities in the execution of a notarial will (LaW- Rimando, G.R. No. L-5971, February 27, 1911).
Actual seeing is not required, but the ability to see each
1. In writing; other by merely casting their eyes in the proper direction
2. In a language or dialect known to the testator; and without any physical obstruction to prevent his doing
so (Jaboneta v. Gustilo, G.R. No. 1641, January 19, 1906).
This rule is mandatory. Otherwise, the will is void.
5. The testator or the person requested by him to write his
This rule does NOT apply to witnesses because the name must also sign every page, except the last, on the left
witnesses do not need to know the contents of the will. margin in the presence of the witnesses;
The attestation clause, on the other hand, must be
understood by the witnesses even if it is in a language not Mandatory – The signing on every page in thewitnesses’
known to them. presence
Directory – The place of the signing (on the left margin).
Presumption that the testator knew the languagein The signature can be affixed anywhere on the page
which the will was written is present when: (Balane, 2010).
6. All the pages shall be numbered correlatively in letters on
a. The will is in a language or dialect generally spoken the upper part of each page;
in the place of execution; and 7. Must contain an attestation clause which expressly states
b. The testator must be a native or resident of said the following:
locality (Abangan v. Abangan, G.R. No. 13431, Nov. 12, 1. The number of pages used upon which the will is
1919). written;
2. The fact that the testator signed the will and every
3. Subscribed at the end thereof by the testator himself or by page thereof, or caused some other person to write
the testator’s name written by some other person in his his name, under his express direction, in the presence
presence, and by his express direction; of the instrumental witnesses;
3. The fact that the witnesses witnessed and signed the
The signature of the testator of the will must be at the end will and all the pages thereof in the presence of the
of the will, which may be at the logical end (last testator and of one another.
testamentary disposition) or physical end (non
dispositive provisions). 8. Must be acknowledged before a notary public by the
testator and the witnesses (NCC, Art. 806).
NOTE: In notarial wills, subscription by fingerprint is
allowed as long as it is voluntarily made (Matias v. Salud, WITNESSES
G.R. No. L-10751) but not in holographic wills given the
explicit requirement for a holographic will to be entirely Instrumental witness as beneficiary in a will
written, dated and signed with the handwriting of the
testator. The fact that a person acts as a witness to a will does not
disqualify him to be a beneficiary. However, it renders void
Cross as signature any legacy or devise given under said will to such person or to
GR: A cross is not a sufficient signature. his spouse, or parent or child, unless there are three other
XPNs: The cross appearing on the will is: competent witnesses to the will (NCC, Art. 823) (2010 Bar).
a. The customary, habitual signature of the testator; or Such person so attesting shall be admitted as a witness as if
b. One of the ways the testator signs his signature. such devise or legacy had not been made or given.
The one who alleges that it is the customary, habitual or Q: Stevie was born blind. He went to school for the blind,
one of the ways he sign his signature has the burden of and learned to read in Braille language. He speaks English
proof (Garcia v. Lacuesta, G.R. No. L-4067, November 29, fluently. Can he:
a. Make a will?
Thumbmark as signature b. Act as a witness to a will?
Q: During the day of the signing of the will, the testator fell c. In either of the instances, must the will be read to
down the stairs and broke both her arms. Coming from him? (2008 Bar)
the hospital, the testator insisted on signing her will by
thumbmark. Thereafter, the testator died. May the will be A:
admitted to probate? a. YES. Assuming that he is of legal age (Art. 797) and of
sound mind at the time of execution of the will (Art. 798),
A: YES. The testator’s thumbmark in this case has all the Stevie, a blind person, can make a notarial will, subject to
hallmarks of a valid signature. The testator clearly compliance with the “two-reading rule” (Art. 808) and
intended to use her thumbmark as her signature and the the provisions of Arts. 804 and 806 of the Civil Code.
circumstances justified her use of her thumbmark (Garcia Stevie however, may not make a holographic will in
v. La Cuesta, G.R. No. L-4067, November 29, 1951). Braille because the writing in Braille is not handwriting.
A holographic will to be valid must be entirely written,
4. Attested and subscribed by three or more credible witnesses signed and dated by the testator in his own handwriting.
in the presence of the testator and of one another; b. NO. A blind man is disqualified by law to be a witness to
a notarial will (Art. 820).
The question whether the testator and the subscribing c. In case Stevie executes a notarial will, it has to be
witnesses to an alleged will signed the instrument in the read to him twice. First by one of the instrumental
presence of each other does not depend upon proof of the


witnesses and second by the notary public before whom Jurisdiction of the trial court as an intestate court is special
the will was acknowledged (NCC, Art. 808). and limited as it relates only to matters having to do with the
probate of the will and/or settlement of the estate of deceased
HOLOGRAPHIC WILLS persons, but does not extend to the determination of questions
of ownership that arise during the proceedings. This is true
Probate of holographic wills; Presentation of the will is whether or not the property is alleged to belong to the estate.
necessary However, this general rule is subject to exceptions as justified
by expediency and convenience.
The contents and due execution of a lost holographic will
CANNOT be established merely through oral testimonies First, the probate court may provisionally pass upon in an
of witnesses who have allegedly seen or read such will. intestate or a testate proceeding the question of inclusion in,
The will itself must be presented; otherwise, it shall produce or exclusion from, the inventory of a piece of property without
no effect (Gan v. Yap, G.R. No. L-12190, August 30, 1958). prejudice to the final determination of ownership in a separate
action. Second, if the interested parties are all heirs to the
A holographic will which was lost or could not be found estate, or the question is one of collation or advancement, or
can be proved by means of a photostatic copy (photocopy). the parties consent to the assumption of jurisdiction by the
probate court and the rights of third parties are not impaired,
A photostatic copy or xerox copy of the holographic will may then the probate court is competent to resolve issues on
be allowed because comparison can be made with the ownership. Verily, its jurisdiction extends to matters incidental
standard writings of the testator (Rodelas v. Aranza, or collateral to the settlement and distribution of the estate,
G.R. No. L-58509, December 7, 1982). such as the determination of the status of each heir and
whether the property in the inventory is conjugal or exclusive
JOINT WILLS property of the deceased spouse. (Ignacio v. Reyes, G.R. No.
213192, July 12, 2017).
Joint wills executed by Filipinos in a foreign country shall ---
not be valid in the Philippines, even though authorized by the Imprescriptibility of probate
laws of the country where they may have been executed (NCC,
Art. 819) A joint will is against the public policy of the Prescription (statute of limitations) DOES NOT apply to
Philippines(2000 Bar). probate of wills.


Doctrine of Presumed Revocation PRETERITION

Where a will which cannot be found, is shown to have been in Requisites of preterition
the possession of the testator when last seen, the presumption
is, in the absence of other competent evidence, that the same 1. There is a total omission in the inheritance;
was cancelled or destroyed. The same presumption arises 2. The person omitted is a compulsory heir in the direct line;
where it is shown that the testator had ready access to the will 3. The omitted compulsory heir must survive the testator, or
and it cannot be found after his death. in case the compulsory heir predeceased the testator,
there is a right of representation;
NOTE: The presumption is not conclusive and anyone may 4. Nothing must have been received by the heir by
prove the contrary to rebut the presumption. gratuitous title.

Doctrine of Dependent Relative Revocation A spouse CANNOT be preterited. While a spouse is a

compulsory heir, he/she is not in the direct line.
Where the testator’s act of destruction is connected with the
making of another will, so as fairly to raise the inference that Effects of preterition
the testator meant the revocation of the old to depend upon
the efficacy of the new disposition, the revocation will be 1. Preterition annuls the institution of heirs;
conditional and dependent upon the efficacy of the new 2. Devises and legacies are valid insofar as they are not
disposition; and if, for any reason, the new will intended to be inofficious;
made as a substitute is inoperative, the revocation fails and the 3. If the omitted compulsory heir dies before the testator,
original will remains in full force. the institution shall be effectual, without prejudice to the
right of representation.
The theory on which this principle is predicated is that the
testator did not intend to die intestate. And this intention is Preterition annuls the institution of an heir and annulment
clearly manifest when he executed two wills on two different throws open to intestate succession the entire inheritance. The
occasions and instituted his wife as his universal heir. There only provisions which do not result in intestacy are the
can therefore be no mistake as to his intention of dying testate legacies and devises made in the will for they should stand
(Molo v. Molo, G.R. No. L-2538, September 21, 1951). valid and respected, except insofar as the legitimes are
concerned (Acain v. IAC, G.R. No. 72706, October 27, 1987).
PROBATE REQUIREMENT Omission of an illegitimate child in a will amounts to
The presentation of the will for probate is mandatory, and is a
matter of public policy. It is immaterial whether the heir omitted in the testator’s will
is legitimate or illegitimate provided that he is a compulsory
In testate succession, there can be no valid partition among the heir in the direct line.
heirs, until after the will has been probated.
Omission of an adopted child in a will also amount to
The parties CANNOT agree to waive the probate proceedings. preterition
It is a mandatory requirement. Until admitted to probate, no
right can be claimed under the will. An adopted child is by legal fiction considered a compulsory
--- heir in the direct line. An adopted person is given the same


rights and duties as if he is a legitimate child of the adopter 3. There is a second heir who takes the property
and makes the adopted person a legal heir of the adopter subsequently from the fiduciary and must be one degree
(Acain v. IAC, G.R. No. 72706, October 27, 1987). from the first heir; and
4. The first and second heir must both be living and
Effect of preterition on the will itself qualified at the time of the death of the testator.

GR: The effect of annulling the institution of heirs will be, NOTE: It should be imposed on the free portion and not on the
necessarily, the opening of a total intestacy except that proper legitime. Fideicommissary substitution can never burden the
legacies and devises must be respected. Here, the will is not legitime (NCC, Art. 864).
XPN: If the will contains a universal institution of heirs to the
entire inheritance of the testator, the will is totally abrogated. Legitime is that part of the testator's property which he cannot
dispose of because the law has reserved it for certain heirs
Reason:The nullification of such institution of the universal who are, therefore, called compulsory heirs. (NCC, Art. 886).
heirs without any other testamentary disposition in the will (2003 Bar)
amounts to a declaration that nothing at all was written.
Determination of the Legitime
To determine the legitime, the value of the property left at the
Effect if the heir predeceases the testator death of the testator shall be considered, deducting all debts
and charges, which shall not include those imposed in the will.
If the heir who predeceases the testator is a voluntary heir, a Donations given to children shall be charged to their legitime
devisee or a legatee, he shall transmit no right to his own heirs. (NCC, Art. 908).
This rule is absolute with respect to a voluntary heir, and a
devisee or legatee. TABLE OF
Effect if the heir repudiated or renounced his inheritance
An heir who renounced his inheritance, whether as
½ of the hereditary estate (Free portion = ½)
compulsory or as voluntary heir, does not transmit any right to
Surviving spouse where the 1/3 of the hereditary
his own heirs.
marriage was solemnized under estate (Free portion
articulo mortis and the deceased =2/3)
NOTE: An heir who repudiated his inheritance, may represent
died within 3 months from the
the person whose inheritance he has renounced (NCC, Art.
time of marriage.
976). The reason for this is found under Art. 971 of the NCC:
“The representative does not succeed the person represented
NOTE: The deceased was the
but the one whom the person represented would have
spouse who was at the point of
death at the time of marriage
(Tolentino, Civil Code, 1992 ed.)
Surviving spouse where the ½ of the hereditary
marriage was solemnized under estate (Free portion = ½)
The right of representation is allowed in compulsory
articulo mortis and the deceased
succession with respect to the legitime in case the
died within 3 months from the
compulsory heir in the descending line dies before the
time of marriage but the parties
testator or becomes incapacitated to succeed.
have been living as husband and
wife for more than 5 years prior
Heirs who repudiated their share MAY NOT be represented. A
to the marriage.
voluntary heir MAY NOT also be represented.

Rules in case of representation

1. It shall take place in cases of: PRIMARY HEIRS CONCUR WITH CONCURRING
a. Death;
b. Incapacity; or
Legitimate child = ½ of the
c. Disinheritance.
hereditary estate
2. Representation applies only to those acquired by virtue of One legitimate child and the
Surviving spouse = ¼ of the
the law (legitime, intestate share, in case of reserva surviving spouse
hereditary estate
Free portion =¼
3. Representation only occurs in the direct descending line
and never in the ascending. Legitimate children = ½ of the
4. In the direct collateral line, the right of representation hereditary estate in equal
only takes place in favor of children of brothers or sisters, Two or more legitimate portions
whether full or half-blood. children and the surviving Surviving spouse = a share
5. No representation in cases of repudiation. spouse equal to that of each child
Free portion =
SUBSTITUTION OF HEIRS whatever remains
Legitimate child = ½ of the
Elements of fideicommissary substitution hereditary
estate (if
1. There must be a first heir or fiduciary who takes the there are
One legitimate child and
property upon the testator’s death; several, they
illegitimate children
2. An absolute obligation is imposed upon the fiduciary to shall divide
preserve and to transmit to a second heir the property the ½ share
at a given time; in equal


Illegitimate children = ½ of the Free portion = 1/8

share of
child (if the Parents = excluded
free portion Children = ½ if
is legitimate
insufficient, and ½ of the
the share of each
illegitimate Parents of the Illegitimate
children Decedent and children
child if
shall divide illegitimate
the free children
portion Free portion = whatever
equally remains
among Parents = ¼ of the
themselves) Parents of the Illegitimate hereditary estate
Free portion = whatever Decedent and the surviving Surviving spouse = ¼ of the
remains spouse hereditary estate
Legitimate child = ½ of the Free portion =½
hereditary estate
Surviving spouse = ¼ of the
hereditary estate
Illegitimate children = ½ of the HEIRS
share of each legitimate child Surviving spouse = 1/3 of
Free portion = the hereditary estate
Surviving spouse and
One legitimate child, the whatever remains Illegitimate children = 1/3 of
illegitimate children
surviving spouse, and the hereditary estate (Rabuya,
illegitimate children NOTE: The share of the 2017).
surviving spouse shall have
preference over those of the Table of Intestate Shares
illegitimate children whose
share may suffer reduction pro Legitimate children The whole estate divided equally
rata because there is no alone
preference as among Legitimate children The whole estate, each illegitimate
themselves. and Illegitimate child getting ½ share of one
Legitimate children = ½ of the children legitimate child
hereditary estate in equal Legitimate children The whole estate, divided equally
portions and surviving spouse (the surviving spouse counted as
Surviving spouse = a share one legitimate child)
equal to that of each legitimate Legitimate Children, The whole estate, the surviving
child surviving spouse and spouse being counted as one
Illegitimate children = ½ of illegitimate children legitimate child and each
the share of each legitimate illegitimate child getting ½ share of
child one legitimate child
Two or more legitimate
Free portion = Legitimate parents The whole estate, divided equally
children, surviving spouse,
whatever remains alone
and illegitimate children
Legitimate ascendants The whole estate, observing in
NOTE: The share of the (other than parents) proper cases, the rule of division by
surviving spouse shall have alone line
preference over those of the Legitimate parents and Legitimate parents = ½ of the estate
illegitimate children whose illegitimate children Illegitimate children = ½ of the
share may suffer reduction pro estate
rata because there is no Legitimate parents and Legitimate parents = ½ of the estate
preference as among surviving spouse Surviving spouse = ½ of the estate
themselves. Legitimate parents, Legitimate parents = ½ of the estate
surviving spouse and Surviving spouse = ¼ of the estate
SECONDARY HEIRS CONCUR WITH COMPULSORY illegitimate children Illegitimate children = ¼ of the
HEIRS estate
Legitimate parents = ½ of the Illegitimate children The whole estate, divided equally
Legitimate parents and hereditary estate alone
surviving spouse (1999 Surviving spouse = ¼ of the Illegitimate children Illegitimate children = ½ of the
BAR) hereditary estate and surviving spouse estate
Free portion =¼ Surviving spouse = ½ of the estate
Legitimate parents = ½ of the Surviving spouse The whole estate
hereditary estate alone
Legitimate parents and No article governing, but Art. 997
Illegitimate children = ¼ of the
illegitimate children may be applied by analogy, thus:
hereditary estate in equal shares Surviving spouse and
Free portion =¼ Surviving spouse = ½ of the estate
illegitimate parents
Legitimate parents = ½ of the Illegitimate parents = ½ of the
hereditary estate estate
Legitimate parents, Surviving spouse and Surviving spouse = ½ of the estate
Illegitimate children = ¼ of the
surviving spouse, and legitimate brothers Legitimate brothers, sisters,
hereditary estate in equal shares
illegitimate children and sisters, nephews nephews, nieces = ½ of the estate
Surviving spouse = 1/8 of
the hereditary estate and nieces (the nephews and nieces inheriting


by representation in proper cases) court may order creation of a

Surviving spouse = ½ of the estate permanent trust for the benefit of
Illegitimate brothers, sisters, the institutions concerned
nephews and nieces = ½ of the
estate (the nephews and nieces
inheriting by representation in
proper cases)
Surviving spouse and
illegitimate brothers NOTE: When the law speaks of
and sisters, nephews brothers and sisters, nephews and
and nieces nieces as legal heirs of an
illegitimate child, it refers to
illegitimate brothers and sisters as
well as to the children, whether
legitimate or illegitimate, of such
brothers and sisters (Manuel v.
Ferrer, 247 SCRA 476)
Illegitimate parents The whole estate
Illegitimate parents = excluded
Illegitimate parents a. Child alone (legitimate or
and children of any illegitimate) = whole estate GR: The testator cannot deprive the compulsory heirs of their
kind b. Legitimate and illegitimate legitimes.
children = each illegitimate gets ½
share of one legitimate child XPNs:
Legitimate brothers The whole estate, with a 1. When the testator validly disinherited his heir (NCC, Art.
and sister alone brother/sister of the half-blood 915).
inheriting ½ the share of a 2. When the partition of the hereditary estate for a period
brother/sister of the full blood not exceeding twenty (20) years is expressly forbidden by
The whole estate, observing the 2:1 the testator (NCC, Art. 1083).
Legitimate brothers proportion of full and half blood
and sisters, nephews fraternity and the nephews and Rules governing succession in the direct descendingline
and nieces nieces inheriting by representation 1. Rule on preference between lines – The descending line is
in the proper cases preferred over the ascending line;
Uncles and Aunts = excluded 2. Rule on proximity – The nearer excludes the more remote;
Nephews and nieces = whole estate 3. Right of representation, in case of predecease, incapacity
Nephews and nieces and disinheritance;
per capita, but observing the 2:1
with Uncles and aunts 4. If all the legitimate children repudiate their legitimes, the
proportion for the full and half
blood next generation of legitimate descendants, succeed in
Illegitimate brothers The whole estate, observing the 2:1 their own right.
and sisters alone proportion of full and half blood
fraternity Rules governing succession in the ascending line
No article governing, but Arts. 1005 1. Rule of proximity – The nearer excludes the more remote;
Illegitimate brothers, 2. Division by line; and
and 1008 may be applied by
sisters, nephews and 3. Equal division within the line.
analogy, hence, they acquire the
whole estate
The whole estate per capita, but
Nephews and nieces
observing the 2:1 proportion for the
alone The following are compulsory heirs (2003, 2005, 2006,
full and half blood
2008 Bar)
The whole estate, per capita, the
1. Legitimate children and descendants, with respect to their
Other collaterals nearer in deGRee excluding the
legitimate parents and ascendants;
more remote
2. In default of the foregoing, legitimate parents and
State The whole estate
ascendants, with respect to their legitimate children and
Assignment and disposition
3. The widow or widower;
4. Acknowledged natural children, and natural children by
1. If decedent was a resident of the
legal fiction; and
Philippines at any time:
5. Other illegitimate children referred to in Art. 287.
a. Personal property – to
municipality of last residence
b. Real property – where situated
2. If decedent was never a resident
Requisites that must exist in order that a propertymay be
of the Philippines
impressed with a reservable character
Personal and real property – where
1. That the property was acquired by a descendant (called
respectively situated
“praepositus” or propositus) from an ascendant or from a
brother or sister by gratuitous title;
How property is to be used:
2. That said praepositus died without issue;
3. That the same property (called “reserva”) is inherited by
1. For the benefit of public
another ascendant (called “reservista”) by operation of
educational and charitable
law (either through intestate or compulsory succession)
institutions in the respective
from the praepositus; and
4. That there are living relatives within the third degree
2. Alternatively, at the instance of an
counted from the praepositus and belonging to the same
interested party, or motu propio,


line from where the property originally came (called c. Excluded by legitimate children, illegitimate children,
“reservatarios”) (NCC, Art. 891; Chua v. CFI of Negros legitimate parents, illegitimate parents, surviving
Occidental, G.R. No. L-29901, August 31, 1977; Rabuya, spouse, brothers and sisters, and nephews and
2009). nieces.
8. State
Three lines of transmission in reserva troncal a. Excludes no one;
1. From the origin of the property (who must be an b. Concurs with no one; and
ascendant/brother/sister of propositus) to propositus, c. Excluded by everyone. (Balane, 2010)
and the transmission must be thru gratuitous title;
2. From the propositus (who died without issue) to the RIGHT OF REPRESENTATION
reservista (who must be an ascendant of the propositus)
and the transmission is thru inheritance by operation of Right of representation arises by reason of:
law; and 1. Predecease;
3. From reservista to the reservatario, who must be a third 2. Incapacity;
degree relative by consanguinity of the propositus. 3. Disinheritance.
(Mendoza v. Delos Santos, G.R. No 176422, March 20, 2013)
When right of representation is NOT AVAILABLE:
DISINHERITANCE 1. As to compulsory heirs: In case of repudiation, the one who
repudiates his inheritance cannot be represented. Their
Requisites of a valid disinheritance (VILECATT) own heirs inherit in their own right; and
1. Made in a valid will; 2. As to voluntary heirs: Voluntary heirs, legatees and
2. Identity of the heir is clearly established; devisees who either:
3. For a legal cause; a. Predecease the testator; or
4. Expressly made; b. Renounce the inheritance cannot be represented by
5. Cause stated in the will; their own heirs, with respect to their supposed
6. Absolute or unconditional; inheritance.
7. Total; and
8. Cause must be true and if challenged by the heir, it must In representation, the representative does NOT inherit from
be proved to be true. the person represented but from the decedent.

Right of representation in case of disinheritance The right of representation takes place in the direct
The causes of disinheritance are personal to the disinherited descending line, but never in the ascending.
heir. Hence, in case of valid disinheritance, only the
disinherited heir is deprived of his right to the legitime. But the In the collateral line, it takes place only in favor of the
children or descendants of the disinherited heir can take his children of brothers or sisters, whether they are full or half
place and preserve the disinherited heir’s share to the legitime. blood (NCC, Art. 972).
LEGAL OR INTESTATE SUCCESSION NOTE: This rule applies only when the decedent does not have
descendants. Also, an illegitimate child can represent his
Rules on exclusion and concurrence in intestate father, provided that the father was also illegitimate.
1. Legitimate children An illegitimate sibling of the decedent can be represented. An
a. Exclude parents, collaterals and State; illegitimate brother or sister of the deceased can be
b. Concur with surviving spouse and illegitimate represented by his children, without prejudice to the
children; and application of the Iron Curtain Rule (Tolentino, Civil Code, 1992
c. Excluded by no one. ed., p. 451)
2. Illegitimate children
a. Exclude illegitimate parents, collaterals and State; The right of representation does NOT apply to adopted
b. Concur with surviving spouse, legitimate children, children. The right of representation cannot be invoked by
and legitimate parents; and adopted children because they cannot represent their adopting
c. Excluded by no one. parents to the inheritance of the latter’s parents.
3. Legitimate parents
a. Exclude collaterals and the State; IRON CURTAIN RULE
b. Concur with illegitimate children and surviving
spouse; and An illegitimate child has no right to inherit ab intestato from
c. Excluded by legitimate children. the legitimate children and relatives of his father or mother;
4. Illegitimate parents nor shall such children or relatives inherit in the same manner
a. Exclude collaterals and State; from the illegitimate child (NCC, Art. 992).
b. Concur with surviving spouse; and
c. Excluded by legitimate children and illegitimate RATIO: Article 992 provides a barrier or iron curtain in that it
children. absolutely prohibits intestate succession between the
5. Surviving spouse illegitimate child and the legitimate children and relatives of
a. Excludes collaterals other than brothers, sister, the father or mother of said illegitimate child. They may have a
nephews and nieces, and State; natural tie of blood, but this is not recognized by law for the
b. Concurs with legitimate children, illegitimate purpose of Article 992. Between the legitimate family and the
children, legitimate parents, illegitimate parents, illegitimate family there is presumed to be an intervening
brothers, sisters, nephews and nieces; antagonism and incompatibility—the law recognizes this
c. Excluded by no one. truth, by avoiding further ground of resentment (Diaz v. IAC,
6. Brothers and sisters, nephews and nieces G.R. No. L-66574, February 21, 1990; Paguirigan, 2017).
a. Exclude all other collaterals and the State;
b. Concur with surviving spouse; and NOTE: The iron curtain rule only applies in intestate
c. Excluded by legitimate children, illegitimate children, succession.
legitimate parents and illegitimate parents.
7. Other collaterals
a. Exclude collaterals in remoter degrees and the State;
b. Concur with collaterals in the same degree; and



The partition may be effected either
RIGHT OF ACCRETION 1. By the decedent himself during his lifetime by an act;
2. Inter vivos or by will;
Accretion – acreetion is a right by virtue of which, when two 3. By a third person designated by the decedent or by the
or more persons are called to the same inheritance, devise, or heirs themselves; or
legacy, the part assignend to the one who renounces or cannot 4. By a competent court in accordance with the Rules of
receive his share, or who died before the testator, is added or Court.
incorporated to that of his co-heirs, co-devisees, or co-legatees
(Art. 1015, NCC). Partition may be demanded by:
1. Compulsory heir;
In testamentary succession, accretion takes place incase 2. Voluntary heir;
of: 3. Legatee or devisee; or
1. Predecease; 4. Person who has acquired an interest in the estate.
2. Incapacity;
3. Renunciation; Partition cannot be demanded when (PAPU)
4. Non-fulfillment of the suspensive condition imposed upon 1. Expressly Prohibited by testator for a period not more
instituted heir; and than 20 years;
5. Ineffective testamentary disposition 2. Co-heirs Agreed that estate not be divided for period not
more than 10 years, renewable for another 10 years;
In intestate succession, accretion takes place in caseof: 3. Prohibited by law; and
1. Predecease of legal heir; 4. To partition estate would render it Unserviceable for use
2. Incapacity of legal heir; and for which it was intended.
3. Repudiation by legal heir.
An estate can be partitioned inter vivos. Such partition shall be
NOTE: Accretion takes place only if there is no representation. respected, insofar as it does not prejudice the legitimes (Art.
In renunciation, there is always accretion. 1080).

Reason: No representation in renunciation.

Persons who are absolutely incapacitated to succeed:
Q: Eljay donated a parcel of land embodied in a Deed of
1. Those not living at the time of death of the testator;
Donation to Kristoffer which is yet to be registered.
2. Those who cannot be identified (NCC, Art. 845);
Kristoffer took possession of the land in the concept of an
3. Those who are not permitted by law to inherit. (NCC, Art.
owner. Two years thereafter, Eljay caused the registration
of the land and obtained a homestead patent. Upon Eljay’s
death, his heirs partitioned the lands and now claim that
Determination of the capacity to succeed
the donated land to Kristoffer also belongs to them.
The governing law in determining the capacity to succeed of
Interestingly, the land at the time it was donated was still
the heir, devisee, legatee is the law of the nation of the
part of the inalienable public domain and the State only
decedent. (1998, 2004 Bar)
ceded its rights over the land to Eljay two years from said
donation. Was the donation valid?
Grounds for relative incapacity to succeed (UMA)
1. Undue influence or interest (NCC, Art. 1027);
A: NO. The donation is void. At the time the Deed of Donation
2. Morality or public policy (NCC, Art. 739);
was executed by Eljay the subject property was part of the
3. Acts of unworthiness (NCC, Art. 1032).
inalienable public domain. It was only almost after two years
later that the State ceded its right over the land in favor of
The following are incapacitated to succeed based on
Eljay by GRanting their patent application and issuing an
morality or public policy (ACO)
original certificate of title in their favor. Prior to such
1. Persons guilty of Adultery or concubinage with the
conferment of title, Eljay possessed no right to dispose of the
testator at the time of the making of the will;
land which, by all intents and purposes, belongs to the State.
2. Persons guilty of the same Criminal offense, in
consideration thereof; and
The classification of public lands is an exclusive prerogative of
3. A public officer or his wife, descendants and ascendants,
the executive department of the government and not the
by reason of his Office (Art. 1028 in relation to Art. 739 of
Courts. In the absence of such classification, the land remains
NCC). (2000 Bar)
as an unclassified land until it is released therefrom and
rendered open to disposition. Hence, the donation of the
subject property is null and void from the very start (Heirs of
Gozo v. PUMCO, G.R. No. 195990, August 05, 2015).
Remedy if the heir repudiates the inheritance to the
prejudice of his creditors
Q: Explain the nature of “Indefeasibility and
If the heir repudiates the inheritance to the prejudice of his
incontrovertibility of certificates of title”
own creditors, the latter may petition the court to authorize
them to accept it in the name of the heir.
A:The certificate, once issued, becomes a conclusive evidence
of the title/ownership of the land referred to therein. What
appears on the face of the title is controlling on questions of
1. The heir who repudiated his inheritance must have been
ownership of the property in favor of the person whose name
indebted at the time when the repudiation is made;
appears therein and such cannot be defeated by adverse, open,
2. The heir-debtor must have repudiated his inheritance
and notorious possession; neither can it be defeated by
according to the formalities prescribed by law;
3. Such act of repudiation must be prejudicial to the creditor
or creditors; and
One who deals with property registered under the Torrens
4. There must be judicial authorization (NCC, Art. 1052).
system need not go beyond the certificate of title, but only has


to rely in the certificate of title (Mae Flor Galido v. Nelson that a person, whose certificate of title included by mistake or
MaGRare, G.R. No. 208654, January 11, 2016). oversight the land owned by another, does not become the
owner of such land by virtue of the certificate alone. The
Rules as regards the indefeasibility and incontrovertibility Torrens System is intended to guarantee the integrity and
of Torrens Title conclusiveness of the certificate of registration but is not
intended to perpetrate fraud against the real owner of the
1. The certificate of title serves as evidence of an land. The certificate of title cannot be used to protect a usurper
indefeasible title to the property in favor of the person from the true owner (Spouses Valenzuela v. Spouses. Mano, Jr.,
whose name appears therein. G.R. No. 172611, July 9, 2010) (DEL CASTILLO, J.).
2. After the expiration of the one (1) year period from the ---
issuance of the decree of registration upon which it is Mirror Doctrine
based, it becomes incontrovertible.
3. Decree of registration and the certificate of title issued All persons dealing with a property covered by Torrens
pursuant thereto may be attacked on the ground of actual certificate of title are not required to go beyond what appears
fraud within one (1) year from the date of its entry and on the face of the title. Where there is nothing on the certificate
such an attack must be direct and not by a collateral of title to indicate any cloud or vice in the ownership of the
proceeding.The validity of the certificate of title in this property, or any encumbrance thereon, the purchaser is not
regard can be threshed out only in an action expressly required to explore further than what the Torrens title upon
filed for the purpose. its face indicates in quest for any hidden defect or inchoate
--- right that may defeat his right thereto (Chua v. Soriano, GR.No.
Q: Spouses Vilbar and Elena entered into separate 150066, April 13, 2007).
Contracts to Sell with Dulos Realty concerning Lot 20-B,
Lot 20-A and Lot 21. A Deed of Absolute Sale was executed Application of mirror doctrine
in favor of the spouses. However, they failed to register
and transfer the title in their names. In contrast, Opinion GR: Mirror Doctrine applies when title over a land is
claimed that he legally acquired Lots 20 and 21 through registered under the Torrens system.
extra-judicial foreclosure of mortgage constituted over
the said properties. Thus, titles in the name of Opinion XPN: Mirror Doctrine cannot be invoked where:
were issued by the Registry of Deeds. Who between them 1. The purchaser or mortgagee is a bank/financing
has a better right to Lots 20 and 21? institution;
2. The owner still holds a valid and existing certificate of
A: Opinion has better right. The spouses Vilbar did not cause title covering the same property, because the law protects
the transfer of the certificate title in their name, or at the very the lawful holder of a registered title over the transfer of a
least, annotate or register such sale in the original title in the vendor bereft of any transmissible right;
name of Dulos Realty. A certificate of title serves as evidence of 3. The purchaser is in bad faith;
an indefeasible and incontrovertible title to the property in 4. The purchaser purchases land with a certificate of title
favor of the person whose name appears therein. Having no containing a notice of lis pendens;
certificate of title issued in their names, spouses Vilbar have no 5. There are sufficiently strong indications to impel closer
indefeasible and incontrovertible title over Lot 20 to support inquiry into the location, boundaries and condition of the
their claim. lot;
6. The purchaser had full knowledge of flaws and defects in
Registration is the operative act which gives validity to the the title; or
transfer or creates a lien upon the land. Any buyer or 7. A person buys land not from the registered owner but
mortgagee of realty covered by a Torrens certificate of title x x from whose rights to the land has been merely annotated
x is charged with notice only of such burdens and claims as are on the certificate of title.
annotated on the title (Spouses Vilbar v. Opinion, G.R. No.
176043, January 15, 2014) (DEL CASTILLO, J.). REGALIAN DOCTRINE
Q: Does the defense of indefeasibility of a Torrens title Explain the concept of “Regalian Doctrine”
extend to a transferee who took it with notice of a flaw in
the title of his transferor? All lands of whatever classification and other natural resources
not otherwise appearing to be clearly within private
A: NO. To be effective, the inscription in the registry must have ownership are presumed to belong to the State which is the
been made in good faith. A holder in bad faith of a certificate of source of any asserted right to ownership of land (Republic v.
title is not entitled to the protection of the law, for the law Sin, G.R. No. 157485, March 26, 2014).
cannot be used as a shield for fraud (Adoracion Rosales Rufloe,
et al., v. Leonarda Burgos et al., G.R. No. 143573, January 30, Under the Regalian doctrine, land that has not been acquired
2009). from the government, either by purchase, grant, or any other
--- mode recognized by law, belongs to the State as part of the
Q: Federico is the owner and possessor of a parcel of land public domain. Thus, it is indispensable for a person claiming
with an area of 938 sq. m. Subsequently, Jose sold a title to a public land to show that his title was acquired
portion of the same land. A transfer certificate of title was through such means.
issued in the name of the buyer covering 2,292 sq. m. On
the same date, a title was also issued in the name of Jose A CENRO or PENRO Certification is not enough to certify that a
covering 447 sq. m. When Federico wanted to construct a land is alienable and disposable (Republic v. San Mateo, et al.,
perimeter fence on his property, he was prevented by G.R. No. 203560, November 10, 2014). To prove that the subject
Jose, claiming that the 447 square meters was his property property is alienable and disposable land of the public domain,
as reflected in his title. On the other hand, Federico is applicant must:
claiming it as part of the property he inherited from his
father, Andres. Is Jose the owner of the disputed 447 (1) Present a Community Environment and Natural
square meter property? Resources Office Certificate (CENRO);
(2) Prove that the DENR Secretary had approved the
A: NO. The person from whom Jose bought his land knows that land classification and released the land of the public
the property at the eastern part thereof belonged to Andres domain as alienable and disposable; and
from whom Federico inherited the said lot. Settled is the rule


(3) That the land subject of the application for 3. If engaged in agriculture, it is restricted to 1,024 hectares.
registration falls within the approved area per
verification through survey by the PENRO or CENRO. Patrimonial property of the State (1987 Constitution, Art. XII,
In addition, the applicant for land registration must Sec. 3)
present a copy of the original classification approved 1. Lease (cannot own land of the public domain) for 25 years
by the DENR Secretary and certified as a true copy by renewable for another 25 years;
the legal custodian of the official records. 2. Limited to 1,000 hectares; and
3. Applies to both Filipinos and foreign corporations.
To prove that a land is alienable, the existence of a positive act
of the government, such as presidential proclamation or an ORIGINAL REGISTRATION
executive order; an administrative action; investigation
reports of Bureau of Lands investigators; and a legislative act Original registration
or a statute declaring the land as alienable and disposable A proceeding brought before the MTC where there is no
must be established (Republic v. Cortez, G.R. No. 197472, controversy or opposition, or contested lots where the value of
September 7, 2015) (DEL CASTILLO, J). which does not exceed P100,000.00 (Sec. 4, R.A. 7691) or in the
RTC (as a land registration court) when the value exceeds
CITIZENSHIP REQUIREMENT P100,000 to determine title or ownership of land on the basis
of an application for registration or answer/opposition by a
Q: Who are qualified to acquire private lands? claimant in a cadastral registration.

A: ---
1. Filipino citizens;
2. Filipino corporations and associations as defined in Sec. 2, Q: Who are qualified for registration in ordinary
Article XII of the Constitution and by exception; registration proceedings?
3. Aliens, but only by hereditary succession; and
4. A natural-born citizen of the Philippines who has lost 1. Those who by themselves or through their predecessors-
citizenship may be a transferee of private lands subject to in-interest have been in open, continuous, exclusive, and
limitations provided by law. notorious possession and occupation of alienable and
disposable lands of public domain under a bona fide claim
NOTE: Filipino citizens can both acquire or otherwise hold of ownership since June 12, 1945 or earlier (OCENCO);
lands of public domain.
Maximum area that may be acquired by a natural born
citizen who has lost his Philippine citizenship : Q: In order that an alienable and disposable land of the
public domain may be registered under Section 14(1) of
a. For residence purposes: 1,000 sq. m. in the case of P.D. 1529, should the land be classified as alienable and
urban lands or one hectare in the case of rural lands. disposable as of June 12, 1945 or is it sufficient that such
In the case of married couples, one of them may avail classification occur at any time prior to the filing of the
of the privilege herein granted, but if both shall avail applicant for registration provided that it is established
of the same, the total area acquired shall not exceed that the applicant has been in open, continuous, exclusive
the maximum area fixed (B.P. Blg. 185, Sec 2). and notorious possession of the land under a bona fide
b. For business (investment) or other purposes: 5,000 claim of ownership since June 12, 1945 or earlier?
sq. m. if urban land, or three hectares if rural land A: In the landmark case of Malabanan v. Republic, the Court en
(R.A. No. 7042 as amended by R.A. 8179, Sec. 10). banc reiterated that the law does not require that the land
subject of registration should have been alienable and
NOTE : The limitation does not apply to a natural-born Filipino disposable DURING the entire period of possession, or since
who has lost his citizenship but who re-acquired the same June 12, 1945. It is sufficient that the land is already declared
under the terms of R.A. 9225. as alienable and disposable land AT THE TIME the application
for registration is filed so as to entitle the possessor to
Q: May an alien acquire private lands? registration (Malabanan v. Republic, G.R. No. 179987, April 29,
A: GR: An alien cannot acquire private lands.
XPN: Acquisition by aliens is allowed when it is thru 2. Those who have acquired ownership of private lands by
hereditary succession. prescription under provisions of existing laws;

NOTE : The constitutional ban against foreigners apply only to ---

ownership of Philippine land and not to the improvements
built thereon (Beumer v. Amores, G.R. No. 195670, December 3, GR: Properties of public dominion cannot be acquired by
2012). prescription.

Further, under R.A. No. 4726, foreign nationals can own There must be an express declaration by the State that the
Philippine real estate through the purchase of condominium public dominion property is no longer intended for public
units or townhouses. It expressly allows foreigners to acquire service or the development of the national wealth or that the
condominium units and shares in condominium corporations property has been converted into patrimonial. Without such
up to not more than 40% of the total and outstanding capital express declaration, the property, even if classified as alienable
stock of a Filipino owned or controlled corporation. The land is or disposable, remains property of the public dominion, and
owned by the condominium corporation and the unit owner is thus incapable of acquisition by prescription (Republic of the
simply a member in this condominium corporation. Philippines v. Andrea Tan, G.R. No. 199537, February 10, 2016).
--- It is only when such alienable and disposable lands are
Acquisition of lands by a corporation expressly declared by the State to be no longer intended for
public service or for the development of the national wealth
Private Lands that the period of acquisitive prescription can begin to run.
1. At least 60% Filipino (1987 Constitution, Art. XII, Sec. 7); Such declaration shall be in the form of a law duly enacted by
2. Restricted as to extent reasonably necessary to enable it ConGRess or a Presidential Proclamation in cases where the
to carry out purpose for which it was created; and President is duly authorized by law.


Requisites for the filing of an application under Sec. 14(1)

XPN: Where the law itself so provides. Thus, patrimonial of PD. No. 1529
property of the state may be the subject of acquisition through
prescription. 1. That the property is an aGRicultural land of public
Under ordinary acquisitive prescription, a person acquires 2. That it has been classified by a positive act of government
ownership of a patrimonial property through possession for at as alienable and disposable (A and D);
least 10 years, in good faith and with just title. Under 3. That the applicant, by himself or through his
extraordinary acquisitive prescription, a person’s predecessors-in-interest has been in open, continuous,
uninterrupted adverse possession of patrimonial property for exclusive and notorious possession and occupation of the
at least 30 years, regardless of good faith or just title, ripens land in the concept of owner (OCENCO); and
into ownership. 4. That such possession and occupation is under a bona fide
--- claim of ownership since June 12, 1945 or earlier.
NOTE: For one to invoke the provisions of Section 14(2) and
set up acquisitive prescription against the state, it is Q: What are the instances when Register of Deeds may
primordial that the status of the property as patrimonial be deny registration?
first established. Furthermore, the period of possession A:
preceding the classification of the property as patrimonial 1. Where there are more than one copy of the owner’s
cannot be considered in determining the completion of the duplicate certificate of title and not all such copies are
prescriptive period. presented in the Register of Deeds
2. Where the voluntary instrument bears on its face
Adverse, continuous, open, public possession in the concept of infirmity
an owner is a conclusion of law and the burden to prove it by 3. Where the validity of the instrument sought to be
clear, positive and convincing evidence is on the applicant. A registered is in issue in a pending suit in court
claim of ownership will not proper on the basis of tax 4. When the document is not verified and notarized.
declarations if unaccompanied by proof of actual possession. ---

The counting of the thirty (30)-year prescriptive period for Q: Discuss the rule where two or more certificates cover
purposes of acquiring ownership of a public land under section the same land.
14(2) can only start from the issuance of DARCO conversion
order. Before the property was declared patrimonial by virtue A:The general rule is that where two certificates of title are
of such conversion order, it cannot be acquired by prescription issued to different persons covering the same land in whole or
(Jean Tan, et al. v. Republic of the Philippines; G.R. No. 193443, in part, the earlier in date must prevail as between the original
April 16, 2012). parties, and in case of successive registration where more than
one certificate is issued over the land, the person holding
--- under the prior certificate is entitled to the land as against the
Q: Against whom acquisition of ownership by prescription person who relies on the second certificate (Director of Lands
cannot be used? v. CA, G.R. No. L-45168, January 27, 1981).
A:Prescription and laches cannot apply to registered land
covered by the Torrens system because under the Property Q: Who is an innocent purchaser for value?
Registration Decree, no title to registered land in derogation to
that of the registered owner shall be acquired by prescription A:An innocent purchaser for value is one who buys the
or adverse possession (Pen Development Corporation v. property of another without notice that some other person has
Martinez Leyba Inc., G.R. No. 211845, August 9, 2017) (DEL a right to or interest in it, and who pays a full and fair price at
CASTILLO, J.). the time of the purchase or before receiving any notice of
another person’s claim (Locsin v. Hizon, et al., G.R. No. 204369,
3. Those who have acquired ownership of private lands or September 17, 2014).
abandoned river beds by right of accession or accretion ---
under the existing laws.
4. Those who have acquired ownership of land by any other Q: What is the remedy if the property has already passed
manner provided for by law. into the hands of an innocent purchaser for value?
A:The remedy is to file action for damages from the person
Sec. 14(1) v. Sec. 14(2) of P.D. 1529 who allegedly registered the property from fraud, or if he had
become insolvent or if the action is barred by prescription, to
SEC. 14(1) SEC. 14(2) file an action for recovery against the Assurance fund within a
period of 6 years from the time the right to bring such action
Registration of title on the Registration of property on accrues.
basis of possession. the basis of prescription. ---
Deals with possession and Involves prescription as a
occupation in the concept mode of acquiring Q: A parcel of land originally owned by Renato was
of an owner. ownership. mortgaged and foreclosed by China Bank. As a result, TCT
Extended under the aegis was issued in favor of China Bank. China Bank later on
Available both by P.D. 1529 sold the said land in favor of CDC Corporation and another
of the P.D. 1529 and the
and the Civil Code. TCT was issued in favor of the latter. CDC Corporation now
Public Land Act (PLA).
brought an action for unlawful detainer in the MeTC
Under Sec. 48(b) of the The 30-year period against the Renato and the other occupants of the
PLA, as amended by R.A. involves extraordinary property. The Renato counters that CDC acquired the
1472, the 30-year period is prescription under the property from China Bank in bad faith as it had an actual
in relation to possession Civil Code, particularly Art. knowledge of the possession of the property by him and
without regard to the Civil 1113 in relation to Art. his siblings and that CDC ignored the failure of China Bank
Code. 1137. to warrant its title. Is Renato correct?


A: NO. One who deals with property registered under the true copy of the original classification made by the DENR
Torrens system need not go beyond the certificate of title, but Secretary;
only has to rely on the certificate of title. He is charged with (2) the applicant or predecessors-in-interest have been in
notice only of such burdens and claims as are annotated on the open, continuous, exclusive and notorious possession and
title. Considering that China Banks TCT was a clean title, that occupation;
is, it was free from any lien or encumbrance, CDC had the right (3) that the possession has been under a bona fide claim of
to rely, when it purchased the property, solely upon the face of ownership since June 12, 1945 or earlier. Such possession
the certificate of title in the name of China Bank. The CAs must be actual, not fictional or constructive (Tomas Leonidas v.
ascribing of bad faith to CDC based on its knowledge of the Tancredeo Vargas, G.R. No. 201031, December 14, 2017) (DEL
adverse possession of the respondent’s siblings at the time it CASTILLO, J.).
acquired the property from China Bank was absolutely ---
unfounded and unwarranted. That possession did not
translate to an adverse claim of ownership that should have Effect of possession of an Imperfect title
put CDC on actual notice of a defect or flaw in the China Banks
title. (Casimiro DevelopmentCorporation v. Mateo, G.R. no. When the conditions set by law are complied with, the
175485, 27July 2011) possessor of the land, by operation of law, acquires a right to
--- government grant, without the necessity of a certificate of the
title being issued.
Persons qualified for judicial confirmation
Q: Domingo filed an action for recovery of possession
claiming that he is the registered owner of the parcels of 1. Filipino citizens who by themselves or through their
land covered by separate TCT’s. Domingo argued that the predecessors-in-interest have been in open, continuous,
parcels of land were held by Dela Cruz merely by exclusive and notorious possession and occupation of
tolerance. On the other hand, Dela Cruz asserted that he is alienable and disposable lands of public domain under a
the owner of the parcels of land covered by Domingo's bona fide claim of acquisition since June 12, 1945 or prior
TCT’s, and that these lands are covered by his Certificate thereto or since time immemorial ;
of Land Transfer. Thus, Domingo's titles should be 2. Filipino citizens who by themselves or their predecessors-
cancelled and annulled. Does the Certificate of Land in-interest have been, prior to the effectivity of P.D. 1073
Transfer held by Dela Cruz vest him ownership over the on January 25, 1977, in open, continuous, exclusive and
said parcels of land? notorious possession and occupation of agricultural lands
of the public domain under a bona fide claim of
A: NO. A certificate of land transfer merely evinces that the acquisition or ownership for at least 30 years, or at least
grantee thereof is qualified to 'avail of the statutory since January 24, 1947;
mechanisms for the acquisition of ownership of the land tilled 3. Private domestic corporations or associations which had
by him as provided under P.D. No. 27.' It is not a muniment of acquired lands from Filipino citizens who had possessed
title that vests upon the farmer/grantee absolute ownership of the same in the manner and for the length of time
his tillage. On the other hand, an emancipation patent, while it indicated in paragraphs 1 & 2 above; or
presupposes that the grantee thereof shall have already 4. Natural-born citizens of the Philippines who have lost
complied with all the requirements prescribed under P.D. No. their citizenship and who has the legal capacity to enter
27, serves as a basis for the issuance of a transfer certificate of into a contract under Philippine laws may be a transferee
title. It is the issuance of this emancipation patent that of private land up to a maximum area of 5,000 sq.m., in
conclusively entitles the farmer/grantee of the rights of case of urban land, or three hectares in case of rural land
absolute ownership (Dela Cruz v. Domingo, G.R. No. 210592, to be used by him for business or other purposes. For
November 22, 2017) (DEL CASTILLO, J.). residence purposes, the maximum area is 1,000 sq. m. in
case of urban lands or one hectare in case of rural lands.
Persons qualified for registration under Public Land Act
or C.A. No. 141 Q: Angeline, Agustina and Lawana filed an Application for
Registration of their lands. To prove the alienable and
Those who by themselves or through their predecessors-in- disposable character of the said lands, they presented a
interest have been in open, continuous, exclusive and tracing cloth which contained a certification from DENR
notorious possession and occupation of alienable and representatives that the said lands are alienable and
disposable agricultural lands of the public domain, under a disposable under Proclamation No. 209. The OSG opposed
bona fide claim of acquisition or ownership, since June 12, stating that the applicants failed to satisfy the legal
1945, except when prevented by war or force majeure. requirements relative to proof of alienability. Is the OSG
A. YES. Mere notations on the tracing cloth are inadequate
1. The applicant must be a Filipino citizen; proof of the alienable and disposable status of the lands. They
2. He must have, by himself or through his predecessors in- refer only to the technical correctness of the surveys and only
interest, possessed and occupied an alienable and establish that the land subject of the application falls within
disposable agricultural portion of the public domain; the approved alienable and disposable area per verification
3. Such possession and occupation must have been open, through survey by the proper government office. Sec. 14(A) of
continuous, exclusive, notorious and in the concept of P.D. 1529 requires that the property sought to be registered
owner, since June, 12, 1945; and must be alienable and disposable at the time the application
4. The application must be filed with the proper court. for registration is filed. One way of establishing this fact is
--- through the DENR certificate of land classification status which
is presumed to be the most recent appraisal of the status and
Q: What should the applicant prove in an application for character of the property (Republic of the Philippines v.
registration of imperfect title? Dayaoen et. al., G.R. No. 200773, July 08, 2015) (DEL CASTILLO,
(1) the land is alienable and disposable through the ---
presentation of a CENRO/PENRO certification and a certified


Conflict between areas and boundaries presumptive conclusiveness. Moreover, the attack on Oliveros'
title was not a collateral attack since its invalidity was validly
What defines a piece of land is not the area, calculated with raised in counterclaim. A counterclaim is essentially a
more or less certainty mentioned in the description, but the complaint filed by the defendant against the plaintiff and
boundaries therein laid down, as enclosing the land and stands on the same footing as an independent action. Thus,
indicating its limits (Balantakbo v. CA, G.R. No. 108515, October Ramitex's counterclaim can be considered a direct attack on
16, 1995). Oliveros' title (Oliveros v. San Miguel Corp., G.R. No. 173531,
February 1, 2012) (DEL CASTILLO, J.).
GR: Boundaries prevail over area. ---

XPNs: Q: In 1916, a property was registered as OCT 213. In 1919,

1. Boundaries relied upon do not identify land beyond Aurelio’s grandfather acquired the property, and a TCT R-
doubt; 3 was issued in his name. The property was inherited by
2. Boundaries given in the registration plan do not Aurelio’s father, Leonor. Later, Leonor conveyed the
coincide with outer boundaries of the land covered property to Aurelio’s favor. Aurelio then sold portions
and described in the muniments of title. thereof to several individuals, but he remained the
registered owner of the remaining portion. In 2008,
DECREE OF CONFIRMATION AND REGISTRATION Guntalilib filed a petition for reconstitution of title in lieu
of a lost OCT in the name of his predecessor, Tumaliuan,
Effect of a decree of registration which was issued on 1916. The petition was granted and
the Register of Deeds was ordered to issue another
The decree of registration binds the land, quiets title, subject owner’s duplicate property. Aurelio then filed a Complaint
only to such exceptions or liens as may be provided by law. for Quieting of Title, Annulment, and Cancellation of
It is conclusive upon all persons including the national Unnumbered OCT/Damages against Guntalilib alleging
government and all branches thereof. Such conclusiveness that that their mother title which was issued on August 7,
does not cease to exist when the title is transferred to a 1916 should prevail over Guntalilib’s unnumbered OCT
successor. which was issued only on August 29, 1916. Guntalilib filed
a Motion to Dismiss and argued that the case constituted a
Land becomes registered land only upon the transcription of the collateral attack on their unnumbered OCT. Is Guntalilib
decree in the book of the Register of Deeds, and not on the date correct?
of the issuance of the decree (Manotok v. CLT Realty, G.R. No.
123346, March 31, 2009). A: NO. The allegations and prayer in their Amended Complaint
NOTE: Title once registered cannot be impugned, altered, make out a case for annulment and cancellation of title, and
changed, modified, enlarged or diminished, except in a direct not merely quieting of title: they claim that their predecessor's
proceeding permitted by law. OCT 213, which was issued on August 7, 1916, should prevail
over Bernardo Tumaliuan's unnumbered OCT which was
Doctrine of non-collateral attack of a decree or title issued only on August 29, 1916.

A decree of registration and registered title cannot be It has been held that "the underlying objectives or reliefs
impugned, enlarged, altered, modified, or diminished either in sought in both the quieting of title and the annulment of title
collateral or direct proceeding, after the lapse of one year from cases are essentially the same—adjudication of the ownership
the date of its entry. of the disputed lot and nullification of one of the two
certificates of title." Nonetheless, Guntalilib should not have
XPN: To spurious or non-existent titles. Indefeasibility of a title been so simplistic as to think that the case is merely a quieting
does not attach to titles secured by fraud and of title case. It is more appropriate to suppose that one of the
misrepresentation. effects of cancelling Tumaliuan's unnumbered OCT would be to
quiet title over the lot; in this sense, quieting of title is
EFFECT: It was as if no title was ever issued in this case to the subsumed in the annulment of title case (Guntalilib v. Dela
petitioner and therefore this is hardly the occasion to talk of Cruz, G.R. No. 200042, July 07, 2016) (DEL CASTILLO, J.).
collateral attack against a title (Heirs of Leoncio C. Oliveros,
represented by Aurora B. Oliveros, et al. vs San Miguel WRIT OF POSSESSION
Corporation, et al., G.R. No. 173531, February 1, 2012).
--- Issuance of writ of possession not ministerial where third
party is in adverse possession or is not a privy to the
Q: Ramitex Inc. bought a parcel of land in Metro Manila. debtor
Subsequently, Oliveros filed a petition for reconstitution GR : A purchaser in a public auction sale of a foreclosed
of his alleged title over the same. He presented a machine property is entitled to a writ of possession.
copy of his alleged title showing the Serial No. 124604. He
then filed a petition for the nullification of Ramitex’s title XPN : The possession of the property shall be given to the
over the same property. Ramitex then showed evidence of purchaser or last redemptioner unless a third party is actually
an irregularity in Oliveros’ TCT since it appears from the holding the property adverse to the judgment obligor (Rules of
records of the LRA that the blank title forms bearing the Court, Rule 39, Sec. 33).
serial number similar to Oliveros’ TCT was issued to
Davao’s Register of Deeds and not in Bulacan as stated in PURCHASER IN GOOD FAITH AND FOR VALUE
Oliveros’ TCT. RTC then ruled for Ramitex and declared
Oliveros’ title as spurious; CA affirmed. Oliveros then Q: Mahilum entrusted the owner’s duplicate copy of her
assails CA’s decision stating it effectively allowed a land to Perez, real estate broker, who claimed that she can
collateral attack on his title since the petition is instituted assist the latter in obtaining a loan, with the title serving
as an attack against Ramitex’s title. Is Oliveros correct? as collateral. Mahilum demanded the return of the title
but Perez failed to produce the same alleging that it was
A. NO. The prohibition against collateral attack does not apply lost. Thereafter Mahilum was informed by the RD that the
to spurious or non-existent titles, since such titles do not enjoy title was not lost but was presented by Sps. Ilano who
indefeasibility. In this case, the trial and appellate courts' claimed that the property was sold to them and showed
found sufficient evidence to show that Oliveros’ TCT is Mahilum a notarized Agreement and a Deed of Absolute
spurious. Without a title, Oliveros cannot assert priority or Sale containing Mahilum’s forged signature. However, the


spouses did not register the title in their names. Mahilum that conveys ownership or affects the land insofar as third
then sought the annulment of the Agreement and the Deed persons are concerned.
of Absolute Sale. Spouses Ilano prayed for the dismissal of
the complaint arguing that Mahilum failed to allege that Involuntary dealings that must be registered
they were purchasers in bad faith and in the absence of 1. Attachment
such an allegation, the presumption that respondents are 2. Adverse claim
purchasers in good faith prevails. Can the Spouses Ilano 3. Notice of lis pendens
claim that they are purchasers in good faith?
Q: How is adverse claim registered?
A: NO. Since the title of the property remained with Mahilum,
there is no new title to annul. Indeed, if the agreement and A: An adverse claim is registered by filing with the Register of
deed of sale are forgeries, then they are a nullity and convey no Deeds a sworn petition stating the basis of the right claimed.
title. The underlying principle is that no one can give what one The duty of the Register of Deeds to record the same on the
does not have. Moreover, in order for the holder of a title is ministerial. The notice of adverse claim is to apprise the
certificate for value issued by virtue of the registration of a third person that there is controversy over the ownership of
voluntary instrument may be considered a holder in good faith the land, such that any transaction regarding the land is
for value, the instrument registered should not be forged. subject to the outcome of the dispute (Ching v. Enrile, GR. No.
When the instrument presented is forged, even if accompanied 156076, Sept 17, 2008).
by the owner’s duplicate certificate of title, the registered ---
owner does not thereby lose his title, and neither does the
assignee in the forged deed acquire any right or title to the Q: What is a notice of lis pendens?
property (Mahilum v. Spouses Ilano, G.R. No. 197923, June 22,
2015) (DEL CASTILLO, J.). A: A notice of lis pendens is an announcement to the whole
world that a particular real property is in litigation, serving as
VOLUNTARY DEALINGS a warning that one who acquires an interest over the said
property does so at his own risk or that he gambles on the
Q: Are voluntary dealings required to be registered? result of the litigation of the said property Dela Merced v. GSIS,
G.R. No. 125038, Nov. 16, 2001). Thus, one who buys land
A: Voluntary Dealings are not required to be registered. where there is a pending notice of lis pendens cannot invoke
Registration is not a requirement for validity of the contract as the right of a purchaser in good faith; neither can he have
between the parties. However, the act of registration shall be acquired better rights than those of his predecessor in interest
the operative act to convey or affect the land insofar as third (Yu v. CA, G.R. No. 109078, Dec. 25, 1995).
parties are concerned.
Q: What are the requirements for registrability of deeds
and other voluntary acts of conveyance? Q: When may a notice of lis pendens be availed of?

A: A:The litigation must involve the title to, or the use or

1. Presentation of owner’s duplicate certificate whenever occupration of, a specific property. It does not apply where the
any duly executed voluntary instrument is filed for object of the suit is money judgment, or proceedings for the
registration; probate of will or administration of the estate of a deceased
2. Inclusion of one extra copy of any document of transfer or person, levy on execution or preliminary attachments (MR
alienation of real property, to be furnished to the city or Holdings Ltd. V. Bajar, GR No. 153478, October 10, 2012). A
provincial assessor; notice of lis pendens subject the interest of the transferee to
3. Payment of prescribed registration fees and requisite the result of pending suit.
documentary stamps; and ---
4. Evidence of full payment of real estate tax as may be due.
--- Q: GSIS foreclosed the mortgaged properties of Zulueta. A
new TCT was then issued in its name. Upon learning of the
Q: Is non-registration of property after judicial foreclosure foreclosure, Dela Merced sought its nullification on the
and sale had the effect of invalidating the foreclosure ground that he, not Zuleta, is the owner of the mortgaged
proceedings, such that ownership reverts to the original properties. Dela Merced then caused the annotation of lis
owner? pendens on GSIS’ TCT. The Court ruled in favor of de la
Merced. However the Register of Deeds failed to enforce
A: NO. The effect of the failure of Apolinario Cruz to obtain the the writ of execution since titles to the properties are
judicial confirmation was only to prevent the title to the already in the name of Manlongat. It appears that GSIS
property from being transferred to him. For sure, such failure transferred the properties during the proceedings. While
did not give rise to any right in favor of the mortgagor or the the new titles contain notices of lis pendens carried over
respondents as his successors-in-interest to take back the from GSIS’ title, the RD claimed that the writ of execution
property already validly sold through public auction. Nor did must first be modified to include the cancellation of
such failure invalidate the foreclosure proceedings. To derivative titles of the GSIS title. Is the RD correct?
maintain otherwise would render nugatory the judicial
foreclosure and foreclosure sale, thus unduly disturbing A: NO. A notice of lis pendens is an announcement to the whole
judicial stability (Robles v. Yapcinco, G.R. No. 169568, October world that a particular real property is in litigation, serving as
22, 2014). a warning that one who acquires an interest over said
property does so at his own risk, or that he gambles on the
INVOLUNTARY DEALINGS result of the litigation over the said property. Therefore,
Manlongat had notice of the litigation involving GSIS’
Q: Is registration required in involuntary dealings? ownership over the subject properties, and was subject to
whatever rights GSIS might have in the subject properties,
A: YES. Involuntary dealings, unlike the voluntary dealings, which turned out to be none at all. Given the legal maxim that a
requires the registration. It is the act of registration which spring cannot rise higher than its source, it follows that
creates a constructive notice to the whole world of such Manlongat’s titles are likewise null and void (Dela Merced v.
instrument or court writ or process and is the operative act GSIS, G.R. No. 167140, November 23, 2011) (DEL CASTILLO, J.).


Notice of lis pendens negates good faith The relative deGRee of negligence of the parties is considered
in determining whether, and to what deGRee, either should be
One who deals with property subject of a notice of lis pendens responsible for his negligence (apportionment of damages).
cannot invoke the right of a purchaser in good faith—neither
can he acquire better rights than those of his predecessor-in- 2. INTENTIONAL TORTS
Q: What is intent from the point of view of torts?
A:It refers either to a person’s desire that certain
Q: What are non-registrable properties? consequences result from his actions or even his knowledge
that those results are substantially certain to occur as a result
A: of his actions (Garratt v. Dailey, 46 Wash 2d 197, 1955).
1. Property of public domain or those intended for public
use, public service or development of the national wealth. A. INTENTIONAL PHYSICAL HARM
2. Forest or timber lands
4. Mangrove swamps
5. Mineral lands Elements (LICA3)
6. Parks and plazas
7. Military or naval reservations 1. That a person committed a voluntary Act;
8. Foreshore lands 2. That the person’s act created in another person an
9. Reclaimed lands Apprehension of immediate harmful or offensive contact
10. Submerged areas with the latter’s person;
11. River banks 3. That the person Intended to cause either a harmful or
12. Lakes offensive contact or an apprehension of such a contact;
13. Reservations for public and semi-public purposes 4. That there was a Causal connection between the attacker
14. Other similar character. and the other person’s apprehension;
5. The victim Lacks consent.




Civil liabilities which may arise due to an act or omission 1. An Act or omission on the part of defendant that confines
of one, causing damage to another or restrains plaintiff;
2. That plaintiff is confined or restrained to a bounded area;
1. Civil liability ex delicto 3. Intent;
4. Causation; and
NOTE: Every person criminally liable for a felony is 5. Awareness of the defendant of the confinement that the
also civilly liable (RPC, Art.100). defendant was actually harmed by it.

2. Independent civil liabilities, such as those: B. INTENTIONAL NON-PHYSICAL HARMS

a. Not arising from an act or omission complained
of as a felony, e.g., culpa contractual or VIOLATION OF PERSONAL DIGNITY
obligations arising from law under Article 31 of
the New Civil Code (such as breach of contract Q: What is the rule with respect to the right of a person to
or tort), intentional torts under Articles 32 and his dignity, personality, privacy and peace of mind?
34, and culpa aquiliana under Article 2176 of
the New Civil Code. A:Every person shall respect the dignity, personality, privacy
b. Where the injured party is granted a right to file and peace of mind of his neighbors and other persons. The
an action independent and distinct from the following and similar acts, though they may not constitute a
criminal action under Article 33 of the New Civil criminal offense, shall produce a cause of action for damages,
Code (in cases of defamation, fraud and physical prevention and other relief:
1. Prying into the privacy of another's residence;
CLASSIFICATION OF TORTS 2. Meddling with or disturbing the private life or family
relations of another;
1. NEGLIGENT TORTS 3. Intriguing to cause another to be alienated from his
friends; and
Q: What is the test of negligence? 4. Vexing or humiliating another on account of his:

A:The test is would a prudent man, in the position of the a) religious beliefs;
tortfeasor, foresee harm to the person injured as a reasonable b) lowly station in life;
consequence of the course about to be pursued? If so, the law c) place of birth;
imposes a duty on the actor to take precaution against its d) physical defect; or
mischievous results, and failure to do so constitutes negligence e) other personal condition (NCC, Art. 26).
(Picart v. Smith, G.R. No. L-12219, March 15, 1918).
Q: What is the doctrine of comparative negligence?
Requisites (ICE-D)
A: The negligence of both the plaintiff and the defendant are
compared for the purpose of reaching an equitable The plaintiff must show that:
apportionment of their respective liabilities for the damages 1. The conduct of the defendant was intentional or in
caused and suffered by the plaintiff (Pineda, 2009). reckless disregard of the plaintiff;
2. The conduct was extreme and outrageous;


3. There was a causal connection between the defendant’s 2. He refused or neglected without just cause to perform
conduct and the plaintiff’s mental distress; and such duty (ministerial);
4. The plaintiff’s mental distress was extreme and severe 3. Plaintiff sustained material or moral loss as consequence
(MVRS Publications Inc. v. Islamic Da’wah Council of the of such non-performance; and
Philippines, G.R. No. 135306, January 28, 2003). 4. The amount of such damages, if material.

NOTE: Even if there was no intentional infliction of emotional DEFENSES TO INTENTIONAL TORTS
distress in one case, the SC recognized the possibility that one
may be made liable for the tort of intentional infliction of Q: Can the consent of the injured party be considered as a
emotional distress. defense by the tortfeasor?

MALICIOUS PROSECUTION A:Typically, one cannot hold another liable in tort for actions
to which one has consented. This is frequently summarized by
Elements the phrase "volenti non fit injuria" ("to a willing person, no
injury is done" or "no injury is done to a person who
In criminal cases consents"). It operates when the claimant either expressly or
implicitly consents to the risk of loss or damage.
1. The fact of the prosecution and the further fact that the
defendant was himself the prosecutor, and that the action NOTE: Consent is willingness in fact for the conduct to occur.
was terminated with an acquittal;
2. That in bringing the action, the prosecutor acted without Q: Is consent a defense if the plaintiff or offended party is a
probable cause; and minor?
3. The prosecutor was actuated or impelled by legal malice
(Yasoña v. Ramos, G.R. No. 156339, October 6, 2004). A:NO.For one to surrender the right to be free from intentional
interference by others, one must have the mental capacity to
To constitute malicious prosecution, there must be proof that consent. Defendant can be liable despite the fact that the
the prosecution was prompted by a sinister design to vex and plaintiff was subjectively willing and communicated that
humiliate a person, and that it was initiated deliberately, willingness to the defendant.
knowing that the charges were false and Groundless (Pineda,
2009). Q: Can self-defense be used as a defense to escape
In civil cases
A:YES.An actor is privileged to defend himself against another
1. The defendant filed a civil action against the plaintiff by force likely to cause death or serious bodily harm when he
previously; reasonably believes that:
2. The action was dismissed for clear lack of merit or for
being baseless, unfounded, and malicious; 1. The other is about to inflict upon him an intentional
3. The defendant who filed the previous complaint as contact and
plaintiff was motivated by ill-will or sinister design; and 2. He is thereby put in peril of death or serious bodily harm
4. The present plaintiff suffered injury or damage by reason which can safely be prevented only by immediate use of
of the previous complaint filed against him (Pineda, 2009). such force.
NOTE: A disbarment proceeding being judicial in character
may therefore be the basis for a subsequent action for NOTE: Court requires objective and subjective belief
malicious prosecution (Ponce v. Legaspi, et al., G.R. No. 79184, (reasonable person could have seen the situation as dangerous
May 6, 1992). and subject believed that he was in danger).


Requisites (DIP-M) There is no requirement to prove negligence or intent.

1. It must be Defamatory; A. POSSESSOR AND USER OF AN ANIMAL

2. It must be Malicious;
3. It must be given Publicity; and Q: What is the liability for damages caused by animals?
4. The victim must be Identifiable (Alonzo v. CA, G.R. No.
110088, February 1, 1995). A: GR:The possessor or whoever makes use of the animal is
liable independent of fault.
NOTE: “Publicity” is the communication of the defamatory
matter to some third person or persons. XPN: When the damage is caused by force majeure or by the
person who suffered the damage.
Q: Is the defense of expressing one’s opinion or belief
tenable? B. NUISANCE

A:NO. Allegation that the offender merely expresses his Q: What is the doctrine of Attractive Nuisance?
opinion or belief is not a defense in defamation cases.To
escape criminal responsibility, it is not enough for the offender A:One who maintains on his premises dangerous
to say that he expresses therein no more than his opinion or instrumentalities or appliances of a character likely to attract
belief. The communication must be made in the performance children in play, and who fails to exercise ordinary care to
of a “legal, moral, or social duty.” prevent them from playing therefrom is liable to a child of
tender years who is injured thereby, even if the child is a
VIOLATION OF RIGHTS COMMITTED BY PUBLIC OFFICERS trespasser (Hidalgo v. Balandan, G.R. No. L-3422, June 13, 1952).


1. Defendant is a public officer charged with the

performance of a duty in favor of the plaintiff;


DIRECT TORTFEASOR a. For their employees;

b. In the service of the branches in which they are
Whoever by act or omission causes damage to another, there employed; or
being fault of negligence, is obliged to pay for the damage done c. On the occasion of their functions.
(Art. 2176, NCC).
4. Employers:
Liability of proprietors of buildings a. Damages caused by employees and household
1. The proprietor of a building or structure is b. Acting within the scope of their assigned tasks;
responsible for the damages resulting from its total and
or partial collapse, if it should be due to the lack of c. Even if the employer is not engaged in any
necessary repairs; and (NCC, Art. 2190) (1990, 2007 business or industry.
2. They shall also be responsible for damages caused by Whenever an employee’s negligence causes damage or injury
emanations from tubes, canals, sewers or deposits of to another, there instantly arises a presumption juris
infectious matter, constructed without precautions tantum that the employer failed to exercise diligentissimi patris
suitable to the place (NCC, Art. 2191) (2002 Bar). families in the selection or supervision of his employee. This
liability of the employer is primary and direct (Reinoso, Sr. v.
JOINT TORTFEASOR Court of Appeals, G.R. No. 116121, July 18, 2011 citing Macalinao
v. Ong,
The responsibility of two or more persons who are liable for
quasi-delict is solidary (NCC, Art. 2194). Each are liable as Registered Owner Rule
principals, to the same extent and in the same manner as if
they had performed the wrongful act themselves (Ruks Konsult The person who is the registered owner of a vehicle is liable
and Construction v. Adworld Sign and Advertising Corp., G.R. No. for any damages caused by the negligent operation of the
204866, January 21, 2015). vehicle although the driver is not his agent or employee
(FILCAR Transport Services v. Espinas, G.R. No. 174156, June 20,
Concurrent negligence of two or more persons 2012 citing Equitble Leasing Corporation v. Suyom, G.R. No.
143360, September 5, 2002).
Where the concurrent or successive negligent acts or ---
omissions of two or more persons, although acting
independently, are in combination the direct and proximate Q: What is the rationale for holding registered owner
cause of a single injury to a third person (Sabido v. Custodio, vicariously liable?
G.R. No. L-21512, August 31, 1966).
A: The main aim of motor vehicle registration is to identify the
PERSON MADE RESPONSIBLE FOR OTHERS(PRINCIPLE OF owner so that if any accident happens, or that any damage or
VICARIOUS LIABILITY (2001, 2006, 2009, 2010 Bar) injury is caused by the vehicle on the public highways,
responsibility therefor can be fixed on a definite individual, the
The obligation imposed by Article 2176 of the NCC for quasi- registered owner. (Del Carmen, Jr. v. Bacoy, G.R. No. 173870,
delicts is demandable not only for one's own acts or omissions, April 25, 2012) (DEL CASTILLO, J.).
but also for those persons for whom one is responsible (NCC,
Art. 2180). NOTE: The appropriate approach in cases where both the
registered-owner rule and Article 2180 apply, is that the
Presumption of negligence on persons indirectly
plaintiff must first establish that the employer is the registered
owner of the vehicle in question. Once the plaintiff successfully
proves ownership, there arises a disputable presumption that
The rebuttable presumption of law is that there was
the requirements of Article 2180 have been proven. As a
negligence on the part of the master or employer either in the
consequence, the burden of proof shifts to the defendant to
selection of the servant or employee (culpa in eligendo) or in
show that no liability under Article 2180 has arisen. This may
the supervision over him after the selection (culpa vigilando),
be done by proof of any of the following: (1) That there is no
or both.
employee-employer relationship; or (2) That the employee-
driver acted outside the scope of his assigned tasks; or (3) That
Q: What is the nature of responsibility of a vicrious
employer exercised the diligence of a good father of a family in
the selection and supervision of his employee (Greenstar
A. His liability is primary and direct, not subsidiary. He is Express, Inc. and Fruto L. Sayson v. Universal Robina
solidarily liable with the tortfeasor. His responsibility is Corporation and Nission Universal Robina Corporation, G.R. No.
not conditioned upon the insolvency of or prior recourse 205090, October 17, 2016) (DEL CASTILLO, J.).
against the negligent tortfeasor (De Leon Brokerage v. CA, ---
G.R. 15247, February 28, 1962).
Q: What is the liability of an owner of a vehicle in case of
Persons vicariously liable (F-GOES-T) an accident (1996, 1998, 2002, 2009 Bar) ?

A: In motor vehicle mishaps, the owner is solidarily liable with

1. Father, or in case of death or incapacity, mother:
his driver, if the former, who was in the vehicle, could have, by
a. Damage caused by minor children; and
the use of the due diligence, prevented the misfortune.
b. Living in their company.
However, ifthe car owner is not present in the vehicle and the
XPN:Special Parental Authority under the Art. 218 driver was negligent, the injured party may still sue said
and Art. 219 of the Family Code. owner under Article 2180(5) of the NCC for imputed liability.

5. State – acting through a special agent and not when the

2. Guardians:
damage has been caused by the official to whom the task
a. For minors or incapacitated persons;
done properly pertains.
b. Under their authority; and
6. Teachers or heads of establishments:
c. Living in their company.
a. Of arts and trades;
3. Owners and managers of establishments:


NOTE: Article 2180 of the NCC is applicable to Liability of hospitals

all schools, whether it be academic or non-
academic (Amadora v. CA, G.R. No. L-47745, April The hospital is liable in the following capacities:
15, 1988).
1. As an employer – It is vicarious liable for the negligent
b. For damages caused by their pupils and students acts of its physicians pursuant to Article 2180 in
or apprentices; and relation to Article 2176 of the NCC.
c. So long as they remain in their custody (NCC, Art. 2. As a principal
2180). a) Doctrine of Corporate Responsibility – The duty of
providing quality medical service is no longer
the sole prerogative of the physician. The
The actual tortfeasor is not exempted from liability hospital has the duty to exercise reasonable care
to protect from harm all patients admitted into
The minor, ward, employee, special agent, pupil, students and its facility for medical treatment hence it is liable
apprentices who actually committed the delictual acts are not for the negligent acts of its health professionals
exempted by the law from personal responsibility. They may (PSI v. Agana, G.R. No. 126297, January 31, 2007).
be sued and made liable alone as when the person responsible b) Doctrine of Apparent Authority - Where it can be
for them or vicarious obligor proves that he exercised the shown that a hospital, by its actions, has held out
diligence of a good father of a family or when the minor or a particular physician as its agent and/or
insane person has no parents or guardians. In the latter employee and that a patient has accepted
instance, they are answerable with their own property (Pineda, treatment from that physician in the reasonable
2009). belief that it is being rendered in behalf of the
hospital, then the hospital will be liable for the
Common Defenses physician’s negligence (Ibid.).

The vicarious liability shall cease when the defendants prove NOTE: In an action for damages against a hospital, the
that they observed all the diligence of a good father of a negligence of its nurses can be imputed to the employer where
family to prevent damage (NCC, Art. 2180; Cuadra v. Monfort, there is no proof that the employer exercised actual supervision
G.R. No. L-24101 September 30, 1970). and monitoring of consistent compliance with hospital rules by
its staff ( Our Lady of Lourdes Hospital v. Spouses Romeo and
TORT CONCEPTS AND DOCTRINES Regina Capanza, G.R. No. 189218, March 22, 2017).


Requisites for the application of the doctrine SUPERVENING NEGLIGENCE)

Resort to the doctrine may be allowed only when: The doctrine of last clear chance is a theory adopted to
mitigate the harshness of the contributory negligence of the
1. The accident is of such character as to warrant an plaintiff (Phoenix Construction Inc. v. IAC, G.R. No. L-65295,
inference that it would not have happened except for the March 10, 1987).
defendant’s negligence;
2. The accident must have been caused by an agency or Requisites:
instrumentality within the exclusive management or
control of the person charged with the negligence 1. Plaintiff is placed in danger by his own negligent acts and he
complained of; and is unable to get out from such situation by any means;
3. The accident must not have been due to any voluntary
action or contribution on the part of the person injured 2. Defendant knows that the plaintiff is in danger and knows or
(Del Carmen, Jr. v. Bacoy, G.R. No. 173870, April 25, 2012) should have known that the plaintiff was unable to extricate
(DEL CASTILLO, J.). himself therefrom; and

Three uses and applications of the doctrine 3. Defendant had the last clear chance or opportunity to avoid
the accident through the exercise of ordinary care but failed to
1. In medical negligence cases; do so, and the accident occurred as a proximate result of such
2. In cases where the exercise of judicial discretion is failure (Pineda, 2009).
abused; and
3. In practical instances. PROXIMATE CAUSE

MEDICAL NEGLIGENCE It isthat cause, which, in natural and continuous sequence,

unbroken by any efficient intervening cause, produces the
Q: What are the elements of medical negligence? injury, and without which the result would not have occurred.
1. Duty To be considered the proximate cause of the injury, the
2. Breach of duty negligence need not be the event closest in time to the injury; a
3. Injury cause is still proximate, although farther in time in relation to
4. Proximate Causation the injury, if the happening of it set other foreseeable events
into motion resulting ultimately in the damage (Abrogar v.
Q: What is the doctrine of captain of the ship? Cosmos Bottling Company and Intergames, Inc., G.R. No. 164749,
March 15, 2017).
A: The surgeon is likened to a ship captain who must not only
be responsible for the safety of the crew but also of the The doctrine of proximate cause is applicable only in actions
passengers of the vessel. The head surgeon is made for quasi-delict, not in actions involving breach of contract.
responsible for everything that goes wrong within the four
corners of the operating room. It enunciates the liability of the DAMNUM ABSQUE INJURIA
surgeon not only for the wrongful acts of those who are under (DAMAGE WITHOUT PREJUDICE)
his physical control but also those wherein he has extension of
control (Ramos v. CA, G.R. No. 124354, December 29, 1999).


A person who only exercises his legal rights does no injury. If is no bar to the application of quasi-delict provisions to the
damages result from such exercise of legal rights, the case.
consequences must be borne by the injured person alone. The
law affords no remedy for damages resulting from an act This rule can govern only where the act or omission
which does not amount to a legal injury or wrong (Heirs of complained of would constitute an actionable tort
Purisima Nala v. Cabansag, G.R. No. 161188, June 13, 2008). independently of the contract (Far East Bank and Trust
Company v. CA, G.R. No. 108164, February 23, 1995).
A person is generally presumed to have taken ordinary care of
his concerns (Rules of Court, Rule 131, Sec. 3). GR: One who suddenly finds himself in a place of danger, and is
required to act without time to consider the best means that
There are however exceptions when negligence is presumed: may be adopted to avoid the impending danger, is not guilty of
negligence, if he fails to adopt what subsequently and upon
1. Motor vehicle mishaps – a driver is presumed reflection may have been a better method, unless the
negligent if he was found guilty of reckless driving or emergency in which he finds himself is brought about by his
violating traffic regulations at least twice within the own negligence (Mc Kee v. IAC, G.R. No. 68102-3, July 16, 1992).
preceding two months (NCC, Art. 2184); or was
violating any traffic regulation at the time of the XPN: The emergency was brought about by the individual’s
mishap (NCC, Art. 2185). own negligence (Valenzuaela v. CA, G.R. No. 115024, Febuary 7,
2. Possession of dangerous weapons or substances,
results in death or injury, except when the possession Burden of proof
or use thereof is indispensable in his occupation or
business (NCC, Art. 2188). The tortfeasor has the burden of proving his allegation that he
acted on an emergency (Makati Auto Line Transport
3. Common carriers are presumed to have been at fault Corporation v. People, G.R. No. 152040, March 31, 2006).
or acted negligently in cases of death or injuries to
passengers. Unless they prove that they observed DAMAGES
extraordinary diligence (NCC, Art. 1733 & 1755).

4. Captain of the ship doctrine - A surgeon is likened to a Q: What are damages?

captain of the ship, such that it is his duty to control
everything going on in the operating room. The A:In legal contemplation, the term “damages” is the sum of
surgeon in charge of an operation is liable for the money which the law awards or imposes as a pecuniary
negligence of his assistants during the time when compensation, a recompense or satisfaction for an injury done
those assistants are under the surgeon’s control or wrong sustained as a consequence either of a breach of a
(Cantre v. Go, G.R. No. 160889, April 27, 2007). contractual obligation or a tortious act (MEA Builders, Inc. v.
CA, G.R. No. 121484, January 31, 2005).
NOTE: The negligence of the employee gives rise to the
presumption of negligence on the part of the employer. This is NOTE:To warrant the recovery of damages, there must be both
the presumed negligence in the selection and supervision of a right of action for a legal wrong inflicted by the defendant, and
the employee (Poblete v. Fabros, G.R. No. L-29803, September damage resulting to the plaintiff therefrom. Wrong without
14, 1979). damage, or damage without wrong, does not constitute a cause
of action, since damages are merely part of the remedy allowed
LEGAL INJURY for the injury caused by a breach or wrong ( Spouses Latonio
and minor Ed Christian Latonio v. McGeorge Food Industries,
The underlying basis for the award of tort damages is the Inc., Cebu Golden Foods Industries, Inc. and Tyke Philip Lomibao,
premise that an individual was injured in contemplation of G.R. No. 206184, December 6, 2017).
law. Thus, there must first be a breach of some legal duty and
the imposition of liability for that breach before damages may NOTE: In actions for damages, the courts should award an
be awarded; and the breach of such duty should be the amount to the winning party and not its equivalent in property
proximate cause of the injury (Equitable Banking Corp. v. (Ibid.).
Calderon, G.R. No. 156168. December 14, 2004).
Q: Can moral damages be recovered for breach of
Q: Differentiate injury, damage and damages contract?

A: A: YES. As a general rule, moral damagesare not recoverable in

Injury The illegal invasion of a legal right. actions for damages predicated on a breach of contract.
The loss, hurt, or harm which results However, moral damages may be awarded in culpa
Damage contractual, involving common carriers in the following
from the injury.
The recompense or compensation instances:
awarded for the damage suffered.
a. Where the passenger died by reason of negligence of
Q: Can tort arise from breach of contract? the carrier (Art. 1764);
b. Where it is proved that the carrier is guilty of fraud
A:YES. A quasi-delict can be the cause for breaching a contract or bad faith, even if the death does not result (Spouses
that might thereby permit the application of principles Estrada v. Philippine Rabbit Bus Lines, Inc., G.R. No.
203902, July 19, 2017; Judith Darines and Joyce
applicable to tort even when there is a pre-existing contract
Darines v. Present: Eduardo Quinones and Rolando
between the plaintiff and the defendant.
Quitan, G.R. No. 206468, August 02, 2017) (DEL
Where, without a pre-existing contract between two parties,
an act or omission can nonetheless amount to an actionable
Exemplary or corrective - Exemplary or corrective damages
tort by itself, the fact that the parties are contractually bound
are imposed, by way of example or correction for the public


good, in addition to the moral, temperate, liquidated or

compensatory damages (Art. 2229)(2003, 2005, 2009 Bar).

Nominal - Nominal damages are adjudicated in order that a

right of the plaintiff, which has been violated or invaded by the
defendant, may be vindicated or recognized, and not for the
purpose of indemnifying the plaintiff for any loss suffered by
him (Art. 2221) (1991, 1994, 2005 Bar).

NOTE: A third party who did not commit a violation or

invasion of the plaintiff or aggrieved party's rights may not be
held liable for nominal damages. Nominal damages are
recoverable where a legal right is technically violated and must
be vindicated against an invasion that has produced no actual
present loss of any kind or where there has been a breach of
contract and no substantial injury or actual damages
whatsoever have been or can be shown. (One Network Rural
Bank v. Baric, G.R. No. 193684, March 5, 2014) (DEL CASTILLO,
J. ).

Temperate or moderate - more than nominal but less than

compensatory damages, may be recovered when the court
finds that some pecuniary loss has been suffered but its
amount cannot, from the nature of the case, be provided with
certainty. (Art. 2224)

Actual or compensatory - Except as provided by law or by

stipulation, one is entitled to an adequate compensation only
for such pecuniary loss suffered by him as he has duly proved.
(Art. 2199)

NOTE: Competent proof and a reasonable degree of certainty

are needed to justify a grant of actual or compensatory
damages; speculations, conjectures, assertions or guesswork
are not sufficient (Engr Apolinario Duenas v. Alice Guce-Africa,
G.R. No. 165679, October 5, 2009; Continental Cement Corp. v
Asea Brown Boveri, Inc, G.R. No. 171660, October 17, 2011) (DEL


Q: What are the damages that can be recovered in case of

A: The following are damages that can be recovered in case of
death (MEA-I3)

1. Moral damages;
2. Exemplary damages;
3. Attorney's fees and expenses for litigation;
4. Indemnity for death;
5. Indemnity for loss of earning capacity; and
6. Interest in proper cases.