ELEMENTS REVIEWER:

CIVIL LAW

1. This is an ELEMENTS REVIEWER. There are no explanations or discussions. What this reviewer consists
of are purely lists citing requirements, exceptions to rules, procedural steps etc.
2. The goal of this reviewer is to help the Examinee memorize important elements. Quick recall is the goal.
3. As such, it is suggested that this Reviewer be read after having read everything you planned on reading. If
you read this at the beginning of your review, it is unlikely that you will understand anything in this
reviewer.
4. The Source is given after each list. The purpose of this is so that Examinee may double-check and cross-
reference from the original if he/she finds that something is not right.

1
PERSONS
Marriage, definition
a. A special contract
b. Permanent union
c. Between man and woman
d. Entered into in accordance with law
e. Purpose: conjugal family life
Essential elements of marriage
a. Legal capacity of parties who must
be male and female
b. Consent freely given in presence of
solemnizing officer
Formal requirements
a. Authority of solemnizing officer
b. Valid marriage license
c. Ceremony
-appearance of contracting parties
-before solemnizing officer
-that they take each other has
husband and wife
-not less than 2 witnesses of legal
age
Marriage may be solemnized by
a. Judiciary (within their jurisdiction)
b. Priest, rabbi, imam, ministers
-must be registered with civil
registry
-at least one of the parties belongs to
this faith
c. Ship captain, airplane chief
d. Military commander
e. Consul general, vice consul, consul
Requirement for ship or airplane captain to
solemnize
a. Articulo mortis (between passenger
or crew)
b. During voyage (includes stopovers)
c. Solemnizer is captain or chief pilot
Where marriage may be solemnized
a. Chambers of judge
b. Open court
c. Church, chapel, temple
d. Office
Exceptions to lex loci celebrationis rule
a. Either did not have capacity
b. Bigamous
c. Polygamous
d. Identity is mistaken
e. Psychological incapacity
f. Incestuous
g. Against public policy (art. 38)
-collateral, up to 4th degree
-stepparents and stepchildren
-parents-in-law and children-in-law
-adopting parent and adopted child
-surviving spouse of a parent and
child
-surviving spouse of a child plus
adopter
-adopted child and legitimate child
-between adopted children
-intent to kill
Exceptions to lex rei sitae rule
a. Order of succession
b. Amount of successional rights
c. Intrinsic validity of testamentary
provisions
d. Capacity to succeed
No marriage license necessary
a. Living together as husband and wife
for 5 years
b. No legal impediment
c. Absence of impediment at time they
procure marriage
d. Affidavit stating necessary facts
e. Sworn statement by solemnizing
officer that he ascertained
requirements
Void marriages
a. Below 18 (either; even with consent)
b. Officer not authorized to perform
marriage (exception: good faith)
 c. No license
d. Bigamous/polygamous
e. Mistake as to identity
f. Subsequent marriage void under Art.
53
Requirements for valid bigamous marriage
a. Absent
b. Four consecutive years
c. Well-founded belief of death
Psychological incapacity characterized by
a. Gravity
b. Juridical antecedence
c. Incurability
Molina guidelines for psychological
incapacity
a. Burden of proof to show nullity
belongs to plaintiff
b. Root cause must be identified
c. Incapacity exists at time of marriage
d. So grave so as to prevent compliance
with marital obligations
e. Incapacity embraced in Arts. 68-71,
220, 221, 225 of the Family Code
f. Decision of NMAC or Catholic
Church is to be given respect
g. Prosecuting attorney appears on
behalf of State
NOTE: expert witness not necessary to
establish psychological incapacity;
simply establish complete facts showing
manifestations of psychological
incapacity (Marcos v. Marcos)
Requirements for psychological incapacity
to serve as a ground for annulment
a. Incapacity existed at time of
marriage
b. Incapacity is continuous
c. Incurable
d. Unknown to other party
Grounds for annulment
a. Between 18 and 21, but without
consent
b. Unsound minds
c. Fraud in getting consent
d. Force, intimidation, undue influence
in getting consent
e. Incapable of consummating marriage
(must be continuous and appears o
be incurable)
f. STD (serious and appears to be
incurable)
Fraud as a ground for annulment is limited
to
a. Conviction (final conviction,
involving moral turpitude)
b. Concealment of pregnancy
c. Concealment of STD
d. Concealment of drug addiction,
alcoholism, lesbianism,
homosexuality
Exempt from license requirement
a. Articulo mortis
b. Remote places
c. Muslim
d. Legal justification (i.e., 5 years
living together as husband and wife)
e. Outside Philippines
Grounds for legal separation
a. Repeated physical violence, or
grossly abusive conduct against
petitioner, child of petitioner or
common child
b. Physical violence or moral pressure
to change religion or political beliefs
c. Attempt to corrupt or induce to
engage in prostitution
d. Final judgment of imprisonment of
more than 6 years
e. Drug addiction/habitual alcoholism
f. Lesbianism/homosexuality
g. Bigamous marriage subsequently
contracted
h. Sexual infidelity or perversion
i. Attempt against life
 j. Abandonment (more than one year,
no justifiable cause)
Denial of legal separation
a. Condone
b. Consent
c. Connivance
d. Collusion
e. Both given ground
f. Barred by prescription
Requirement before remarriage
a. Partition
b. Distribution
c. Deliver of legitimes, which must be
recorded
Source: Jurado (“J”), 118
If spouses should reconcile
a. Joint manifestation
b. Under oath
c. Signed by both
d. Filed in same proceeding
Personal obligations of spouses
a. Live together
b. Observe mutual love, respect,
fidelity
c. Render mutual help and support
Grounds for revoking donation propter
nuptias
a. Not collateral or void ab initio
(except: donations in marriage
settlements)
b. Consent of parent/guardian not
received
c. Annulled, and donee acted in bad
faith
d. Legal separation, and donee was
guilty spouse
e. Resolutory condition
f. Ingratitude
Requirements for enforceability of marriage
settlements
a. Before celebration of marriage
b. In writing
c. Signed
d. Does not prejudice third persons
What is put in common fund
a. Fruits of excusive properties
b. Income from work or industry
c. During marriage by onerous title
Excluded from community property
a. Gratuitous title (including fruits and
income, except if expressly provided
for)
b. For personal, exclusive use
c. Acquired before marriage, and
spouse has legitimate descendants
d. Those in the marriage settlement
Absolute community terminates
a. Death of either spouse
b. Decree of legal separation
c. Annulled or declared void
d. Judicial separation of property under
Arts. 134-138
Affects of separation in fact
a. No more support
b. Summary proceeding to get consent
c. Separate property becomes solidarily
liable in absence of sufficient
community property
Remedies of present spouse in case of
abandonment by other spouse
a. Receveirship
b. Judicial separation of property
c. Authority to be sole administrator of
property
What is put in conjugal funds
a. Proceeds, products, fruits, income of
separate property
b. Everything acquired through their
efforts (whether joint or singly)
c. By chance

What remains to be exclusive property
a. Brought in as own
b. Acquired by gratuitous title
c. Acquired by right of redemption by
barter or exchange with exclusive
property
d. Excusive money was used to
purchase property
The following are conjugal
a. Onerous title at expense of common
fund
b. Labor, industry, work
c. Fruits (natural, industrial, civil)
d. Hidden treasure
e. Thru occupation
f. Acquired by chance
Cause for separation of property
a. Penalty with civil interdiction
b. Judicially declared absentee
c. Parental authority is lost
d. Abandoned family
e. Abused power of administration
f. Separation-in-fact for at least one
year and reconciliation is highly
improbable
When administration of exclusive property
may be transferred from one spouse to the
other
a. Guardian of the other
b. Absentee
c. Penalty with civil interdiction
d. Fugitive or is hiding as accused
Family relations exist between
a. Husband and wife
b. Parents and children
c. Other ascendants and descendants
d. Brothers and sisters (half-blood or
full-blood)
Cannot be compromised (here, no earnest
efforts are needed)
a. Civil status of persons
b. Marriage validity (legal separation)
c. Grounds for legal separation
d. Future support
e. Jurisdiction of courts
f. Future legitime
When family home not exempt from
execution
a. Taxes
b. Debts prior to constitution of family
home
c. Mortgages of the premises before or
after constitution of home
d. Laborers, mechanics, architects,
builders
When legitimacy may be impugned
a. Physical impossibility to have sex
within first 120 days of 300 days
prior to birth
b. Scientific reasons
c. Written authorization obtained thru
fraud etc. in cases of artificial
insemination
Filiations of children are established thru
a. Record of birth
b. Final judgment
c. Admission (public/private and
signed by parent concerned)
Requirements for a Filipino citizen to adopt
a. Filipino citizen
b. Legal age
c. Full capacity and legal rights
d. God moral character
e. No moral turpitude
f. Emotionally capable
g. Psychologically incapacitated
h. At least 16 years older
i. Can support and care for adoptee
Alien who can adopt
a. Requirements for a Filipino
b. Diplomatic relations
 c. Living in the Philippines (three
consecutive years prio to filing
application, and maintains such until
decree issued)
d. Certified by diplomatic office
e. His government allows such child to
enter their country
Waiver of residency
a. Former Filipino (up to 4th degree
b. Legitimate child of Filipino spouse
c. Married to a Filipino seeking to
adopt latter’s relative within 4th
degree
Who may be adopted
a. Below 18, and declared available
b. Legitimate child of other spouse
c. Illegitimate child, to improve status
d. Person of legal age consistently
considered a child of prospective
adoptee
e. Adoption previously rescinded
f. Parents have died
Consent required from
a. Adoptee (if 10 and above)
b. Biological parents
c. Legitimate children
d. Illegitimate children if living with
adopter
e. Spouse of adopter and adoptee
When husband and wife can adopt
separately
a. One souse seeks to adopt
son/daughter of the other
b. Seeks to adopt his/her own
illegitimate child (NOTE: other
parent must consent)
c. Spouses are legally separated
Hierarchy as to who shall give support
a. Spouse
b. Descendant in nearest degree
c. Ascendant in nearest degree
d. Brother and sister
Suspension of parental authority
a. Excessive harshness towards child
b. Corrupting orders
c. Compels child to beg
d. Acts of lasciviousness
e. Those resulting from culpable
negligence of parents
Waiver of parental authority
a. Adoption
b. Guardianship
c. Surrender t children’s home or
institution
J, 274
When direct attack against marriage needed
a. Cases of remarriage (judicial
declaration of nullity of first
marriage is needed)
b. Cases of succession
c. Revocation of donation
When can you enter into subsequent
marriage?
NOTE: comply with Arts. 40, 52, 53
a. Judicial declaration of nullity of
previous marriage
b. Registration with LCR
c. Revocation of donation
Donation propter nuptias by one of the
spouses
a. Valid marriage settlement
b. Other than ACP
c. No more than 1/5 of present property
d. Accepted by the other
e. Requirements of donation must be
complied with
Donations valid
a. Consented to by other spouse
b. Moderate donations (family rejoicing
or charity)
 c. To common legitimate children for
professional or vocational course
Accretion in case of property left behind by
will
a. Same inheritance
b. Pro indiviso (undivided)
c. Dies or repudiation
Property regime of unions without marriage
a. Capacitated
b. Live exclusively
c. Without benefit of marriage
Source: Mel, Persons, page 573
When illegitimate child may use father’s
surname
a. Recognized in birth certificate
b. Recognized in Public documents
c. Recognized in Private handwritten
instrument
PROPERTY
Source: Paras, Property
Properties of public dominion
a. Outside commerce of man
b. Cannot be acquired via prescription
c. Cannot be registered or be subject if
torrens title
d. Cannot be executed upon or attached
e. Generally used by all
f. May be real or personal
Lands of public dominion
a. Agricultural
b. Forest
c. Timber
d. Mineral
e. National parks
Essential requirements of eminent domain
a. Competent authority
b. Due process of law
c. Public use
d. Just compensation
Requirements for hidden reassure
a. Hidden
b. Unknown
c. Precious objects (money, jewelry)
d. Lawful ownership of which does not
appear
Accession is anything that is
a. Produced
b. Incorporated
c. Attached
When the owner of the and does not own the
fruits therein
a. Possessor in good faith
b. Usufructuary
c. Lessee
d. Antichretic creditor
Requirements of alluvium
a. Gradual and imperceptible deposit
b. Cause is current of the river
c. Current must be that of the river
d. River must continue to exist
e. Little increase only
As compared to alluvium, avulsion is
a. Sudden or abrupt
b. Identifiable/verifiable
c. Belongs to owner where it was
detached
Requirements for change of river bed
a. Sudden change
b. Permanent change (more or less)
c. Natural change
d. Abandonment by government
e. Continued existence of river
Characteristics of co-ownership
a. More than one subject or owner
b. One whole, divided into ideal shares
c. Definite, ideal share
d. Respect by each co-owner of the
whole
 e. Absolute control over ideal share
f. It is not a judicial person
g. Co owner deemed a trustee for others
Alteration is a change that is
a. Permanent
b. Use of thing is changed
c. Prejudices condition of thing or its
enjoyment of others
When co-owner may not demand partition
a. Agreement (not exceeding 10 years)
b. Prohibited by donor or testator (not
exceeding 20 years)
c. Prohibited by law (ex. Conjugal)
d. Partition would render it
unserviceable
e. Common property does not allow
partition by nature
When co-owner may be exclusive owner via
prescription
a. Repudiation of co-ownership and
that such is complete and made
known to others
b. Evidence of such must be clear and
convincing
c. Open, continuous, exclusive,
notorious
d. Prescription runs only from
repudiation of co-ownership
Affects of partition
a. Accounting of benefits
b. Mutual reimbursement for expenses
c. Damages in case of negligence or
fraud
d. Reciprocal warranty (for defects of
title and quality)
e. Each deemed to have exclusive
possession of allotted part for whole
period of co-ownership
Number of owners who must consent
Acts of presentation ONE
(repairs, ejectment
etc.)
Alterations ALL
Other acts of FINANCIAL
administration MAJORITY
How co-ownership is extinguished
a. Judicial partition
b. Extrajudicial partition
c. Prescription in favor of co-owners
d. Stranger acquires it via prescription
e. Merger in one co-owner
f. Loss or destruction
g. Expropriation
Requirements of possession
a. Holding of thing or right
b. Intent to possess
c. By virtue of one’s own right
Classes of possession
a. Name (own or another)
b. Concept (owner or holder)
c. Good faith or bad faith
How possession is acquired
a. Material occupation of a thing
b. Exercise of a right
c. The fact that the right is subject to
our will
d. Proper acts and legal formalities
established
Acquisition of possession from view point
of who possesses
a. Personal
b. Authorized
c. Unauthorized
Modes thru which possession cannot be
acquired
a. Force of intimidation
b. Thru mere tolerance
c. Clandestine
If there is a conflict regarding possession
a. Present possessor
 b. One longer in possession a. Legal
c. Can present a title b. Will of the parties
d. Court shall then determine c. Will and testament
d. Prescription
Rules for expenses vis-à-vis good faith/bad 576
faith
Usufructuary’s obligations before entering
Nece Use Lux Right Right of the property
ssary ful urio of retentio a. Inventory
us remov n b. Security
al 604
GF Yes Yes No Yes Yes
(excep (except: Requirements for making an inventory
t: luxurio a. Owner is notified
necess us) b. Condition of immovables is
ary) described
BF Yes No No No No c. No form, except when there are real
Source: Paras, 548 properties
d. Expenses borne by usufructuary
How possession is lost e. Effects of no inventory: same as
a. Destruction or total loss when no security is given
b. Abandonment of thing 605
c. Possession of another
d. Assignment made to another When security is not required
P, 548 a. No one will be injured thereby
b. Waiver by naked owner
Requirements of abandonment c. Usufructuary is donor of property
a. Must’ve been a possessor in the d. Parental usufruct
concept of an owner e. Caucion juratoria
b. Capacity to renounce or alienate 606
c. Physical relinquishment of thing
d. Spec recuperandi Failure to give security
e. No more animus revertendi a. Administration of immovable
549 b. Movable to be sold
c. Converted into registered certificates
When owner cannot recover despite promise d. That they be invested in safe
to reimburse securities
a. Possessor acquired in good faith thru 608
a merchant store
b. Estoppels Requirements before caucion juratoria is to
c. It is with an innocent purchaser for be allowed
value and is a holder of a negotiable a. Court petition
document of title b. Necessity for deliver of furniture etc.
559 c. Approval of court
d. Sworn promise
How a usufruct is constituted 610
 When death does not extinguish usufruct
Must replace livestock when a. There are multiple usufructs
a. Natural causes b. Period is fixed (except: period is
b. Rapacity of beasts expressly for existence of said
613 person)
c. Contrary intention clearly appears
No obligation to replace livestock 627
a. Unnatural/unexpected
b. Partial loss When Art. 624 applies
614 a. Apparent sign exists
b. Between two estates
Usufructuary’s duty to make ordinary c. Originally owned by one
repairs d. Established by original owner
a. Normal repairs e. One or both alienated
b. Needed for preservation f. Contrary not provided
c. During usufruct Jurado, 419
d. With or without fault of usufructuary
615 Right of retention
a. Payment of capital taxes
Naked owner may still b. Extraordinary repairs
a. Construct works 641
b. Improvements
c. Plantings Characteristics of easement
619 a. Real right
b. Imposable on another’s property
When usufructuary must notify naked owner c. Jus in re aliena
a. Prejudicial acts by 3rd party as d. Encumberance on servient estate for
against rights of ownership another’s benefit
b. Urgent repairs 646
c. Inventory
626 Modes of extinguishing easement
a. Merger in same person
Extinguishment of usufruct b. Non-use for ten years
a. Death of usufructuary (except: c. Cannot be used
contrary intention) d. Expiration of term
b. Expiration of period for which it was e. Renunciation of owner of dominant
constituted or fulfillment of estate
resolutory condition f. Redemption agreed upon
c. Merger in same person 677
d. Renunciation of usufructuary
e. Total loss of thing Different legal easements
f. Termination of right of person a. Easements relating to waters
constituting usufruct b. Right of way
g. Prescription c. Party wall
627 d. Light and view
e. Drainage
 f. Intermediate distances e. Isolation is not due to own acts
g. Easement against nuisance f. Demandable only by owner
h. Lateral and subjacent support 699
684
How rebut presumption of party wall
Public easement on river banks a. Title to contrary
a. Navigation b. Exterior sign to contrary
b. Floating c. Proof to contrary
c. Fishing 709
d. Salvage
689 Exterior signs
a. Window or opening
Easement for drawing water for animals b. Plumb
a. Public use c. Within boundaries of one
b. Tow or village use d. Bears burden
c. Proper indemnity must be paid e. Water runs thru one estate
691 f. Stepping stones
g. Enclosed by fences or live hedges
Easement of aqueduct user must prove adjoin others not enclosed
a. Can dispose of water 710
b. Most convenient
c. Indemnify servient estate Renunciation of share in party wall
693 a. Total renunciation
b. Voluntary
Requirements for acquisition of aqueduct c. Before expenses are incurred
a. Indemnity must be paid d. Implied condition that other owner
b. Cannot be imposed on existing pays for repairs
buildings e. Renunciation of share in both wall
c. Prove that he can dispose water, it is and land
sufficient, convenient course, proper 712
administrative permission
694 Requirements for rain water
a. Enclosure exists
Stop-lock/sluice gate b. Easiest egress
a. Purpose: irrigation c. Least possible damage
b. Estate of another d. Payment of proper indemnity
c. Pay damages 725
d. No prejudice to third persons
697 Remedies in public nuisance
a. Prosecution under RPC
Requirements for right of way b. Civil action
a. Surrounded by estate of others c. Abatement without judicial
b. No adequate outlet to public proceeding
highway NOTE: only the last two are
c. Payment of indemnity available if it is a private nuisance
d. Least prejudicial 731

When private person may abate public
nuisance
a. First, make a demand on
owner/possessor
b. Such was rejected
c. Abatement approved by health
officer and executed with help of
local police
d. Value of destruction does not exceed
Php 3,000
751
Purpose of registration
a. True notice of property’s status
b. To prejudice third persons
c. To record acts or contracts
d. Prevent commission of fraud
756
Requirements for occupation
a. Seizure or apprehension
b. Corporeal personal property
c. Susceptible of appropriation
d. Intent to appropriate
e. Condition under the law must be
complied with
784
Characteristics of donation
a. Consent, subject matter, cause
b. Form
c. Consent or acceptance by done
during donor’s lifetime
d. Irrevocability
e. Intent to benefit donee
f. Decrease in assets of donor
876
When wife may donate conjugal property
without husband’s consent
a. She is the administrator
b. Moderate donations (charity or
family rejoicing)
NOTE: if property is individual
property, consent from other spouse
not needed
893-894
When husband may donate conjugal
property without wife’s consent
a. Moderate donations
b. To common legitimate children
(professional or vocational course)
NOTE: if property is individual
property, consent from other spouse
not needed
893-894
Void donations
a. Adultery/concubinage
b. Same criminal offense
c. Public officer
899
Reservation rules do not apply to
a. Onerous donation
b. Donation mortis cause
c. Donation propter nuptias
923
When warranty by donor exists
a. Donor in bad faith
b. Donation is onerous
c. Warranty is expressly made
d. Donation propter nuptias
931
What donee must do if donation is reduced
a. Return property
b. Give value of property already sold
c. Pay off debts if property was
mortgaged
d. Return value of property if property
cannot be returned
942
Revocation of donation due to ingratitude
a. Offense against donor, his spouse,
children under his authority
 b. Imputes on donor a crime involving c. Heirs have right to be substituted for
moral turpitude deceased as party in action that
c. Support refused when bound to give survives
it 27
949
Different kinds of succession
Grounds for reduction a. Compulsory (legitime)
a. Birth, adoption, reappearance b. Testamentary
b. Inofficiousness c. Intestate
c. Insufficient property left for support d. Mixed
of donor and his relatives 37
d. In fraud of creditors
962 Cannot be left to discretion of third person
a. Designation of heirs, legatees,
Grounds for revocation devices
a. Resolutory condition is fulfilled b. Duration of designation
b. Ingratitude c. Efficacy of designation
c. Inofficiousness d. Problems to be received
d. Birth, adoption, reappearance 47
962
Soundness of mind exists if he knows
Void, ineffective, unperfected donations a. Nature of estate
a. Not perfected in accordance with b. Objects of one’s bounty
forms and solemnities c. Character of testamentary act
b. Outside commerce of man 59
c. Future property (except: those in
marriage settlements) Requirements for attested wills
d. Made to those specially disqualified a. Subscribed by T/A at the end thereof
962 b. Attested and subscribed by three
witnesses
SUCCESSION c. Sign every page on left margin (T/A)
d. Signe every age on left margin
Source: Balane, Succession Book (witnesses)
e. Numbered
Cannot be transmitted f. Attestation clause
a. Nature of undertaking (i.e., personal) g. Acknowledgment before notary
b. Stipulation of contraction public
c. Provision of law 70
18
Attestation clause
Effect of the fact that rights are transmitted a. Number of pages of will
upon moment of death b. Fact that testator or his agent signed
a. Law in force at time of death will in the presence of witnesses
governs c. Witnesses witnessed and signed will
b. Ownership passes at time of moment and every page thereof in presence of
of death testator and witnesses
 71
Substantial compliance does not apply to
a. Number of pages
b. Whether or not witnesses signed
each page and in presence of one
another
128
Requirements for a holographic will
a. Entirely written
b. Dated
c. Signed
135
Liberal interpretation for dates (i.e.,
Feb./’61) may be applied if
a. No fraud, bad faith, undue influence
b. Authenticity of will is established
c. The only issue is whether or not date
in holographic will is valid (Roxas v.
de Jesus)
130
Genuineness of holographic will may be
proved
a. Witness who actually saw
b. One familiar with the handwriting
c. Comparison by court
d. Expert evidence
144
Will of alien produces effect in the
Philippines if
a. Done in accord with laws of place
where he resides
b. Done in accord with laws of his
country
c. Done in accord with this Code
175
Will made in the Philippines by citizen of
another country produces effect if
a. He is the citizen of another country
b. Done in accord with laws of his
country
c. Proved and allowed in his country
175
Qualifications of a witness
a. Sound mind
b. At least 18
c. Not blind, deaf, or dumb
d. Read and write
e. Domiciled in the Philippines
f. Not convicted of falsification of
document, perjury, or false testimony
179
For documents to be part of will
a. Document was in existence at time
of will’s execution
b. Will must describe and identify said
document (it must state the number
of pages)
c. Proof as to its identity
d. Signed by testator and witnesses
(except: if voluminous)
189
Will shall take effect even if revocation
outside and not domiciled here if
a. In accord with laws where will was
made
b. In accord with laws where he was
domiciled
c. In accord with laws with this Code
(if revocation takes place here)
189
Revocation done by
a. Implication of law
b. Some will, codicil or other writing
c. Burning, tearing, cancelling,
obliterating
191
Requirements for revocation by subsequent
revocation
a. Formal requirements of will must be
followed
b. Testamentary capacity
 c. There is an express revocation clause f. Mistake or did not intend to sign
or is incompatible 243
191
Causes of simple substitution
Valid revocation by physical destruction a. Predecease
a. Physical destruction b. Renunciation
b. Intent to revoke c. Incapacity of first heir
c. Completed (corpus + animus) 293
192
Elements of fideicomisaria
Requirements for revocation based on false a. First heir takes property
cause b. Second heir takes it from first heir
a. Cause is concrete c. One degree
b. False d. Dual obligation: preserve + transmit
c. Testator does not know its falsity e. Both living and qualified to succeed
d. It appears from the will that testator at time of testator’s death
is revoking will because of cause 297
which is false
211 Per capita v. per stirpes

Rules for republishing of a void will Per capita Per stirpes

Equally inherit You inherit what
Will is void as to Must execute a person represented
FORM subsequent will and would’ve inherited
reproduce Applies when there Applies in cases of
dispositions of is inheritance in representation
original will own right (ex.
Will is void for Subsequent will or When parents do
ANY OTHER codicil must simply not have necessary
REASON refer back to previous capacity, their
will children will
inherit) (Jurado,
What are conclusive in a decree of probate 618)
a. Sound and disposing mind
b. Consent not vitiated Fideicomisaria does not take effect
c. Signed before required number of a. It is not express
witnesses b. There is a prohibition to alienate
d. Will is genuine c. Paying to persons beyond limit
235 d. Secret instruction
312
Will disallowed
a. Formalities not complied with Requirement of modal instrument
b. Insane/incapable of making a will a. Object is stated
c. Force or undue duress b. Purpose is stated
d. Undue and improper pressure c. Charge is imposed by testator
e. Signature thru fraud 330
 movables that may have been
When surviving spouse alone gets 1/3 alienated)
a. Articulo mortis 420
b. Three months from time of marriage
c. Not cohabited for more than 5 years Reserve troncal extinguished
d. Spouse who died was the one in a. Death of reservista
articulo mortis b. Death of reservatarios
361 c. Renunciation by all reservatarios
(provided that: no reservatarios are
Requirements for reserve troncal born afterwards)
a. Gratuitous title, by descendant from d. Fortuitous total loss
ascendant e. Confusion or merger of rights
b. Descendant dies without legitimate f. Prescription of adverse possession
issue 421
c. Another ascendant inherits property
by operation of law (succession!) Requirement of valid disinheritance
d. There exists third degree relatives a. In will
from which property came from b. Cause specified
365 c. Must specify cause
d. Unconditional
Nature of reservista’s right e. Total
a. Right is that of ownership f. True cause
b. Subject to resolutory condition g. Proved
c. Alienable, but subject to resolutory 436
condition
d. Right is registrable Preferences in legacies/devises
403 a. Renumeratory legacies or devises
b. Declared to be preferential
Nature of reservatario’s right c. Support
a. Right is that of expectancy only d. Education
b. Subject to suspensive condition (that e. Specific, determinate thing
reservatarios survive reservistas) f. All others, pro rata
c. Alienable 463
d. Registrable
406 When legacies/devises without effect
a. Transforms thing
Obligations of reservista b. Alienates thing
a. Inventory of property c. Total loss (but must occur before
b. Annotate reservable character of testator’s death)
property in Registry within 90 days 467
of acceptance
c. Appraise movables When intestate succession takes place
d. Secure by means of mortgage (there a. Dies without will
is indemnity for deterioration or b. Void will
damage; payment of value of c. Lost its validity
d. No heir instituted
 e. Not all property is disposed of d. Full blood/half blood
f. Suspensive condition not fulfilled e. Representation
g. Predecease, renunciation, incapacity 473
472
Incapable of succeeding
Requirements for accretion in testamentary a. Priest – last confession
succession b. Priest’s relatives within 4th degree
a. Two or more called to same c. Guardian – before final accounting
inheritance d. Attesting witness
b. Vacancy as a result of predecease, e. Physician who took care in final
renunciation, incapacity illness
f. Individuals etc. are not permitted
Requirement for accretion in testamentary 550
succession
a. Vacancy as a result of predecease Three senses of collation
NOTE: must not be earmarked a. Computation
(Jurado, 657) b. Imputation
c. Return
Right of redemption exists 574
a. Several co-heirs
b. Sells right to strangers Collation exists
c. Before partition is effected a. Debts of children
d. One month from time they were b. Election expenses
notified in writing c. Fines
e. Reimbursement d. Similar expenses
Jurado, 689 e. 581

Exceptions to rule of equality in same No representation

degree a. Voluntary heirs who predecease,
a. Preference of lines renounce, incapable
b. Distinction between legitimate and b. Renunciation, regardless of what
illegitimate kind of heir you are
c. Division by line in ascending line
Predecease Renunciation Incapacity Disinheritance
Compulsory -transmits -transmits nothing -transmits nothing -transmits nothing
nothing -no representation -representation -representation
-representation
Voluntary -transmits -transmits nothing -transmits nothing N/A
nothing -no representation -no representation
-no
representation
Legal -transmits -transmits nothing -transmits nothing N/A
nothing -no representation -no representation
-representation
Balane, 290 NOTE: Cannot be represented: those who
renounce and voluntary heirs
OBLICON When demand not needed
a. Expressly declared
Source: Balane Reviewer b. Nature
c. Demand useless
Characteristics of obligations 13
a. Private interest
b. Creates ties which are transitory Requirements for delay in performance by
c. Power to make tie defective in case debtor
of non-fulfillment a. Demandable and liquidated
1 b. Delay is due to fault or negligence
c. Creditor demands performance
Essential requirements of obligations 14
a. Active subject Effects of delay by debtor
b. Passive subject a. Risk on part of debtor
c. Object of obligation b. Damages
d. Vinculum juris c. Rescission/resolution
e. Cause 15
f. Form
3 Requirements for mora accepiendi
a. Offer by debtor
Requirements for object b. Offer is to comply
a. Licit c. Creditor refused without just cause
b. Possible 15
c. Determinate/determinable
d. Pecuniary value Requirements of force majeure
4 a. Cause is independent of the human
will
Debtor liable for damages if there is b. Impossible to foresee or
a. Fraud unavoidable
b. Negligence c. Fulfillment is impossible
c. Delay d. Obligor is free from participation
d. Contravention of terms 16
11
Liable despite force majeure
Effects of fraud a. Law so provides
a. Substitute/specific performance b. Express stipulation
b. Rescission c. Nature of obligation requires
c. Damages in either case assumption of risk
12 16

Definition of fault Requirements of accion subrugatoria

a. Omission of diligence a. Creditor has right of credit against
b. Required by nature of obligation debtor
c. Corresponds to circumstances b. Due and demandable
12
 c. There is a failure of debtor to 36
collect
d. Inefficiency of debtor’s assets Obligations extinguished by
e. Right is not personal a. Payment or performance
17 b. Loss of thing due
c. Condonation or remission
Requirements of accion pauliana d. Confusion or merger
a. Credit in favor of plaintiff e. Compensation
b. Debtor performs act subsequent t f. Novation
contract giving advantage to other
persons When entire prestation need not be
c. Creditor is prejudiced by debtors performed
acts a. Substantial compliance in good
d. No other legal remedy faith
e. Fraudulent b. Waiver
c. Application of payments that are
When debtor loses right to make use of equally onerous
period 46
a. Insolvent (unless: gives security or
guarantee) When performance may be performed in
b. Guarantee not furnished when so stages\
promised a. Express stipulation
c. Impaired guarantees and when thru b. Necessary
force majeure they disappear and c. Partly liquidated, partly
are not replaced unliquidated
d. Violates undertaking in d. Joint divisible
consideration of which creditor e. Solidary obligations, and debtors
agreed to the period are bound under different terms
e. Attempts to abscond f. Compensation with balance left
26 g. Delivered partially
h. Several guarantors who demand
When fruits cannot be recovered right of division
a. Reciprocal obligation exists, and i. Impossibility of single performance
there has been prepayment on both 46
sides
b. Interest to be paid Dation Cession
c. Period exclusive to creditor’s May be one creditor Plurality of
benefit creditors
d. Waiver (as when debtor is aware of Not necessarily in Partial or relative
period but pays anyway) financial difficulty insolvency
27 Delivers a thing and
ownership is
Obligation is solidary when transmitted
a. Agree Extinction up to Debtor released for
b. Law value of thing net proceeds of
c. Nature of obligation thing
 46
Rules in application of payment
a. Apply in accord with agreement
b. Debtor’s right to apply
c. Creditor can choose
d. Apply to more onerous debt
e. Equally onerous = apply
proportionately
51
No need to tender
a. Absent/unknown
b. Incapacitated to receive payment
c. Refuses to give receipt
d. Two or more persons claim
e. Title is lost
52
Requirements for consignation
a. Debt is due
b. Consignation due t some legal cause
c. Notice to persons interested
d. Placed at disposal of court
e. Notice again after consignation
Requirements for rebus sic stantibus
a. It was not foreseeable
b. Extremely difficult but not
impossible
c. Event not due to either party
d. Contract for future prestation
56
Requirements for condonation
a. Existing debt
b. Gratuitous renunciation
c. Acceptance by debtor
d. Parties must have capacity
e. 58
Requirements for legal compensation
a. Principals
b. Fungible
c. Due debts
d. Liquidated debts
e. Neither are garnished
f. Compensation not prohibited by law
62
Presumption of legal subrogation
a. Creditor pays creditor who is
preferred
b. Third person pays with debtor’s
approval
c. One interested pays
67
Requirements for novation
a. Previous valid obligation
b. Agreement to create new obligation
c. Relinquishment of old obligation
d. New obligation is valid
68
Characteristics of contracts
a. Obligatory force
b. Mutuality
c. Relativity
d. Autonomy
70
Elements of consent
a. Plurality of subject
b. Capacity
c. Intelligent and free will
d. Express or tacit manifestation
e. Conformity of internal will
73
Requirements of an offer
a. Definite
b. Complete
c. Intentional
73
Requirements of object
a. Within commerce of man
b. Licit
c. Possible
d. Determinate (as to kind),
determinable (as to quantity)
 e. Transmissible a. It was the determining cause
78 b. Unjust and unlawful
c. Real and serious
Must appear in a public document d. Well-grounded fear
a. Real rights over immovables 97
b. Cession, repudiation of hereditary
rights or in conjugal partnership Unenforceable
c. Power to administer property or acts a. Entered into by another without
which should prejudice third persons authority
d. Cession or action or rights b. Statute of frauds
83 c. Both incapable of giving consent
101
Requirements of reformation
a. Meeting of minds Statute of frauds
b. True agreement not expressed a. Not performed within one year
c. Failure to express true agreement b. Answer for debt etc.
was due to mistake, fraud, c. Marriage consideration
inequitable conduct or accident d. Sale of not less than Php500
86 (goods/chattels)
e. Lease longer than one year and sale
Rescissible contracts of real property
a. Guardians-wards, more than ¼ f. Representation as to credit of third
b. Agreed in representation of absented, person
¼ 101
c. In fraud of creditors, and creditors
cannot collect claims due them Void contracts
d. Under litigation decreed by law and a. Cause, object, purpose contrary to
without knowledge and approval of law etc.
litigants or court b. Absolutely simulated or fictitious
e. Other contracts declared by law c. Cause or object does not exist at time
90 of transaction
d. Object is outside commerce of man
Requirements of rescission e. Impossible service
a. Rescissible f. Intention cannot be ascertained
b. No other legal means g. Declared void by law
c. Ability to return 105
d. Not passed legally to third person
e. Prescriptive period = 4 years Elements of laches
91 a. Conduct on part of defendant or the
one claiming giving rise to the
Voidable contracts situation
a. One is incapable of giving consent b. Delay on part of complainant in
b. Consent vitiated thru MVIUF asserting his rights
c. Lack of knowledge or notice on part
Requirements for intimidation in voidable of defendant that complainant would
contracts assert right
 d. Injury/prejudice to defendant if relief e. No waiver
accorded B, 324

Absolutely Relatively simulated When buyer has no right to suspend

simulated payment
Parties have no There is an intent to a. Vendor has security over thing
intention to be be bound b. Stipulation that vendor must make
bound; contract is payment
not really desired or c. Cessation of disturbance or danger
intended d. Disturbance is act of trespass
Result: contract is Result: valid and e. Vendee paid full price
void and thus parties binding so long as B, 331
may recover what essential
they have given requirements of a Requirements for warranty against eviction
contract are present a. Deprivation of vendee
b. By final judgment
Prescription is interrupted when c. Due to prior sale imputable to vendor
a. Filed before court d. Vendor must be summoned in a suit
b. Written extrajudicial demand by for eviction
creditor Jurado (“J”), 980
c. Written acknowledgement of debt
Requirements for Recto Law
SALES a. Contract of sale
b. Personal property
Requirements of double sale c. Payable in installments
a. Two transactions are valid d. Failure to pay two or more
b. The two buyers have conflicting installments
interests B, 337
c. Same object
d. Brought from same seller Piece-of-work
SOURCE: Beda 2014 MemAid a. Specifically for customer
(“B”), page 321 b. Special order
c. Not for general public
Preference in double sale J, 935
a. First registrant in good faith
b. First possessor in good faith Unilateral promise to sell
c. Oldest title  Transaction becomes binding IF
B, 321 offeror fails to withdraw promise
before acceptance by offerree
Warranty against eviction  In such a case, parties may
a. Vendee deprived of thing purchased reciprocally demand
b. Deprivation is by virtue of final  J, 942
judgment
c. Judgment based on prior right or act Remedies of unpaid vendor under
imputable to vendor installment scheme
d. Vendor summoned by vendee a. Exact fulfillment (collection)
 b. Rescind (failure to pay two or more
installments)
c. Foreclose (failure to pay two or more
installments)
J, 948
When buyer may have better title than seller
a. True owner estopped
b. Sale made by registered/apparent
owner
c. Pursuant to statutory power of
sale/Court order
d. Merchant store/fair/market in
accordance with the Code of
Commerce
J, 961
PARTNERSHIP, AGENCY, TRUSTS
Where knowledge of partner is knowledge
of partnership
a. Knowledge of partner acting in a
certain way acquired by partner
b. This knowledge was present in his
mind
c. Could and should have
communicated
B, 391
Three stages of dissolution
a. Dissolution
b. Winding up
c. Termination
B, 393
Causes of extrajudicial dissolution of
partnership
a. Without violating terms, by
expiration of term or express will of
parties
b. In contravention of the agreement
c. Makes it unlawful to carry it out
d. Specific thing partner promises to
deliver perishes
e. Death of any partner
f. Insolvency of any
partner/partnership
g. Civil interdiction of any partner
h. Decree of court
B, 393
Judicial dissolution of partnership
a. Breach of agreement
b. Declared insane
c. Incapable of performing his part
d. Can only be carried on at a loss
e. Guilty of conduct prejudicial to
business
f. Other circumstances (ex.
Abandonment)
B, 394
Limited partner cannot
a. Contravention of certificate
b. Act which would make it impossible
c. Confess judgment
d. Possess partnership property for
purpose other than partnership
purpose
e. Admit person as general partner
f. Admit person as limited partner
(unless this right is given to him)
g. Continue on business despite death,
insanity etc.
B, 400
Rights of a limited partner
a. Have books kept at principle place of
business
b. Inspect books at reasonable hour +
copy them
c. Demand full information of thing
affecting partnership
d. Demand formal accounting of
partnership
e. Ask for dissolution and winding up
f. Receive profits (by way of income
provided, so long as assets are
greater than liabilities)
 g. Return of contribution (but liabilities
are paid first and must be with
consent of all members)
B, 400
b. Rights exists under such agreement
c. Partner has derived profits from any
transaction
d. Other circumstances rendering it just
J, 1051

Capitalist Partner Industrial Partner Agency by necessity

Can engage in Cannot engage in any a. Emergency
business provided other business without b. Inability to communicate with
there is no other Partner’s principal
competition consent c. Additional authority for principal’s
Not exempt from Exempted from losses own protection
loses as between the d. Reasonable means adopted
partners (BUT: liable
to partners without Agent incurs personal liability
prejudice to a. Agent of incapacitated principal
reimbursement from (except: third party is aware of
capital partners) incapacity)
Has share in the Just and equitable b. Fraud and negligence of Agent
profits share c. Agent acts in own name
d. Acts without authority or principal
SPA necessary when e. Expressly binds self
a. Payments that are not acts of f. Exceeds his authority
administration g. Acts of agent prevent performance
b. Effects novations which put an end on part of principal
to obligation B, 412
c. Compromise, submit questions to
arbitration Principal not liable for agent’s expenses
d. Waive obligations gratuitously a. Agent acts in contravention of
e. Enter into contacts where ownership principal’s instructions
over immovable is transmitted b. Expenses due to agent’s fault
B, 408 c. Agent incurred them with knowledge
that it would result in an unfavorable
Principal bound by agent despite agent result
acting beyond his powers d. Stipulated that expenses would be
a. Principal’s acts contributed to borne by agent
deceiving third persons B, 417
b. Limitations not known to third
persons Extinguishing agency
c. Instruments in blank a. Expiration of period
d. Notification by principal b. Death, civil interdiction, insanity,
insolvency
When partner may demand for formal c. Withdrawal of agent
accounting d. Accomplishment of object or
a. Wrongfully excluded from purpose
partnership business or property e. Revocation
 f. Dissolution of corporation which
entrusted the agency
B, 417
When agency not revocable at will
a. Bilateral contract depends upon it
b. It is the means fulfilling an
obligation already contracted
c. Partner is appointed manager and his
removal would be unjustifiable
d. If it has been constituted in common
interest of principal, agent or third
person
J, 1085
When death of principal does not extinguish
agency
a. Agency coupled with an interest
b. Agent, unaware of death, enters into
a contract on behalf of principal with
third party also unaware of death
Agency to sell Contract of sale
Title remains with Title passes to
principal transferee
J, 934
When partner may demand for a formal
accounting
a. Wrongfully excluded
b. Exists under terms of agreement
c. Has derived profits from any
transaction
d. Other circumstances rendering it
reasonable
J, 1051
NOTE: A GPA is limited to acts of
administration
When principal bound by agent’s contract
despite principal’s name not being disclosed
a. Thing belongs to principal
b. Principal ratifies
c. Principal derives benefits
GR: if agent contracts in name of principal
but exceed authority, it is unenforceable as
to principal
EXCEPTION
a. Principal ratifies
b. Principal allows agent to acts as such
J, 1079
When agent personally liable to third party
a. Exceeds his authority
b. Does not give sufficient notice to
third party
CREDIT TRASNACTIONS
Bailee (borrower) liable for loss despite loss
of thing due to force majeure
a. He devoted the thing for a different
purpose
b. Keeps it longer than that stipulated
or needed
c. Thing delivered with appraisal of its
value
d. Lends or leases it to third persons
e. Saves his own over the thing
borrowed
B, 429
Depository liable for loss despite loss of
thing due to force majeure
a. Stipulated
b. Uses thing without depositor’s
permission
c. Delays its return
d. Allows others to use it
e. Fraud
f. negligence
B, 439
When hotel-keeper is not liable
a. force majeure, theft thru force, etc.
b. acts of guests, his servants, family or
visitors
c. due to character of thing brought into
hotel
Precarium (demandable at will by bailor)
a. duration not stipulated nor
b. use not stipulated, or
c. use f thing merely tolerated
Art. 1947
When depositor not liable for loses due to
character of thing deposited
a. depositor unaware
b. not expected to know danger
c. notified depository of the same
d. depositary was aware of it
B, 442
Guarantor not entitled to excussion
a. presumed that execution would not
result in satisfaction
b. absconded, cannot be found in the
Philippines
c. insolvency of debtor
d. guarantor expressly renounced it
e. solidary with debtor
f. debt is a natural obligation
g. he is a bondsman
h. fails to interpose it as a defense
i. does not set it up as a defense upon
demand from heir
j. pledge/mortgage given by him as
special security
B, 447
Indemnity consists of
a. total amount of debt
b. legal interest thereon
c. expenses incurred by guarantor
d. damages
B, 448
Requirements of pledge/mortgage
a. secure fulfillment of principal
obligation
b. pledgor/mortgagor is absolute owner
c. must have free disposal
d. subject matter may be alienated
B, 452
When pledgor may ask thing to be deposited
judicially/extrajudicially
a. creditor used thing without authority
b. he misuses thing in any way
c. danger of being lost
d. danger of being impaired
B, 455
Requirements of negotiorium gestio
a. no meeting of minds
b. another’s business or property
c. abandoned/neglected
d. not authorized
e. voluntarily taken charge
TRUSTS
Express Implied
Imperceptible 10 years from
discovery of fraud
But laches may
also apply here
Jurado, 928
When trustee can acquire ownership via
acquisitive prescription
a. repudiates
b. knowledge brought to beneficiary
c. evidence is clear and conclusive
d. within period fixed by law
TORTS
Requirements of res ipsa loquitor
a. an injury occurs
b. thing which caused such was under
control of defendant
c. it would not have happened in
ordinary course of things
d. possibility of contributory conduct is
eliminated
B, 493
Elements of medical negligence
a. duty to use some level of care as any
other doctor
 b. breach of said duty
c. injury caused to patient
d. doctor’s actions were proximate
cause of injury
B, 498
Requirements of force majeure
a. independent of human will
b. impossible to foresee or avoid
c. fulfillment of obligation impossible
d. obligor free from any participation
B, 507
Requirements of assumption of risk
a. know that risk is present
b. understand its nature
c. choice to incur it is free
B, 508
Requirements of last clear chance
a. plaintiff is in a position of danger
b. defendant knew plaintiff was in a
position of danger
c. defendant had last clear chance to
avoid accident
d. accident occurred as proximate result
of defendant’s failure
B, 510
Requirements of abuse of right (Art. 19,
NCC)
a. there is a legal right or duty
b. exercised in bad faith
c. intent is to prejudice or injure
another
B, 512
Requirements of contra bonus mores (Art.
21, NCC)
a. the act done is legal
b. contrary to morals etc.
c. with intent to injure
B, 512
Attorney’s fees allowed in the following
circumstances
a. separate civil action to recover civil
liability from crime
b. defendant acts compelled plaintiff to
litigate with 3rd persons
c. action for legal support
d. clearly unfounded legal action
e. malicious prosecution
LTD
Who may file for application
a. those in OCEN
-alienable and disposable land of
public domain
-since June 12, 1945 or earlier
b. prescription
c. accession or accretion
d. in any other manner provided by law
B, 543
Requirements for petition to reopen
a. right exists (real or dominical)
b. deprived thereof
c. fraud (actual or extrinsic)
d. one year from issuance
e. not yet passed to IP4V
B, 548
What applicant must prove under CA 141
a. declassified land that is
-alienable
-disposable
-public, agricultural
b. identity of land
c. possession and occupation of land
Requirements for a forged deed to be the
root of valid title
a. title is delivered to forger
b. transferred name to forger
c. vendee is IP4V
B, 558
CONFLICTS
Requirements of a foreign element
 a. factual situation -Courts may refuse to take jurisdiction over
b. cutting across territorial lines matters when there is a more appropriate
c. affected by diverse laws of two or forum available to parties
more States
B, 568

Sources of Conflict of Laws

a. codes and statutes
b. treaties and international conventions
c. treaties and commentaries
d. judicial decisions
B, 569

Philippine courts may assume jurisdiction

provided that
a. conveniently resorted to
b. court can make intelligent decision
c. court has power to enforce
B, 570

Apply internal law when

a. application of internal law decreed
by law
b. failure to pled and prove foreign law
c. foreign law counter to public policy
d. contra bonus mores
e. involves penal law
f. foreign law involves procedural
matters
g. involves fiscal or administrative laws
h. foreign law involves injustice or
injury
B, 571

Exempting application of internal law to

conflicts cases
a. involves foreign sovereignty
b. State accepted a limitation upon its
jurisdiction
c. Foreign law has been pleaded and
proved
B, 573

Forum Non Conveniens

-“forum not agreeing”