Civil Law Review Book Summary PDF

PERSONS AND FAMILY RELATIONS
GENERAL PROVISIONS
CIVIL LAW - The mass precepts which determine and regulate the relations of assistance,
authority and obedience among the members of a family and those which exist among
members of society for the protection of private interest
CIVIL LAW COMMON LAW SYSTEM
Codal, statutory and written law Basically derived from case law
What is a newspaper of general circulation? (Art. 2 New Civil Code)

1. Published for the dissemination of local news and general information
2. Bona fide subscription list of paying subscribers
3. Published at regular intervals
- Effectivity date is on the 16th day

- If “Immediately upon approval” - Means immediately after publication
- Publication is indispensable
PRESUMPTION OF KNOWLEDGE OF LAWS

Exceptions:
1. Mistake of doubtful or difficult question of laws
2. Mutual error as to the legal effect of an agreement when real purpose is frustrated
3. Payment by reason of mistake in the construction or application of doubtful or difficult
questions of laws.
- No conclusive presumption of foreign laws.
DOCTRINE OF PROCESSUAL PRESUMPTION / DOCTRINE OF PRESUMED IDENTITY APPROACH - Our

court presumes that the foreign law is the same as our local or domestic law.
GR: Prospective application of laws

EXCEPT:
1. Law provides for its retroactivity
2. Penal law is favorable to the accused unless convicted is a habitual delinquent
3. Remedial or procedural in nature
4. Law is curative in character
5. Law creates new substantive rights provided it has not prejudiced another acquired right of
the same origin  
CIVIL LAW REVIEWER
Requisites of a valid waiver (Art. 6 NCC)

1. Full capacity to make the waiver
2. Waiver must be unequivocal
3. Right must exist at the time of the waiver
4. Not contrary to law, public policy, morals or good customs
5. Not prejudicial to a third person with right recognized by law
6. When formalities are required, the same must be complied with
REPEAL OF LAWS
- Implied repeal is not favored. There must be an irreconcilable inconsistency and repugnancy
exists in the terms of the new and old law.
EFFECT OF REPEAL OF REPEALING LAW:

1. EXPRESS REPEAL - The law first repealed shall not be revived unless provided
2. IMPLIED REPEAL - The law first repealed shall be REVIVED unless the repealing law says
otherwise.
- Only SC decisions establish jurisprudence and doctrines in our jurisdiction
ORBITER DICTUM - Opinion expressed by a court upon some question of law which is not
necessary to the decision of the case before it. It is merely incidental.
LEX PROSPICIT NON RESPICIT / PROSPECTIVE APPLICATION OF NEW DOCTRINES: When doctrine of
SC is overruled, the new doctrine shall be applied prospectively and should not apply to parties
who had relied on the old doctrine.
Requisites to make a custom an obligatory rule (Arts. 11 and 12 NCC)

1. Plurality or repetition of acts
2. The community accepts it as a proper way of acting, such that it is considered obligatory
upon all
3. Practiced by a great mass of the social group
4. Continued practice for a long time
- Customs are not subject of judicial notice. The law requires that they must be proved as a fact.
LEGAL PERIOD:
1. YEAR - 12 CALENDAR MONTHS
2. Month - 30 days unless it refers to a specific calendar month
3. Day - 24 hours
4. Night - Sunset to sunrise
- First day is excluded and last day is included
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
CALENDAR MONTH - Month designated in the calendar WITHOUT REGARD TO THE NUMBER OF
DAYS IT MAY CONTAIN.
EX: Feb 1 - March 1
GR: Penal laws and those of public security and safety are obligatory upon all who live and
sojourn in PH territory.
EXCEPTIONS:
1. Treaty stipulations
2. Principles of public international law
3. Laws of preferential application
- Heads of state, Ambassadors, public ministers - Possess immunity from criminal jurisdiction
- Consul is not entitled to immunity
NATIONALITY PRINCIPLE - Laws relating to family rights, duties or to the status, condition and legal
capacity of persons are binding upon citizens of the PH although living abroad.
- Divorce by both Filipinos - Void because it is contrary to public policy

- If mixed marriage - When divorce was obtained by the Alien abroad provided that such
is valid according to their national law - VALID DIVORCE
- Reckoning point of citizenship is AT THE TIME OF FILING OF DIVORCE
PS: CHECK DEAN ALBANO’S LECTURE. A FILIPINO IN FIXED MARRIAGE MAY VALIDLY INITIATE
DIVORCE ABROAD NOW
LEX REI SITAE - With respect to property, be it personal or real, it is subject to the LAW OF THE
COUNTRY WHERE IT IS SITUATED.
EXCEPTION:
- The national law of the person whose succession is under consideration with respect to the
following aspects of succession whether testate or intestate: (INTRINSIC)
1. Order of succession
2. Amount of successional rights
3. Intrinsic validity
4. Capacity to succeed
LEX LOCI CELEBRATIONIS - Forms and solemnities of a contracts, wills and other public instruments
shall be governed by the laws of the country in which they are executed. (EXTRINSIC)
- When executed before the diplomatic or consular officials of RP in foreign country, it is as if

executed in PH. PH laws will govern
LEX CONTACTUS OR LEX LOCI CONTRACTUS - it is applied if relating to nature, construction and
validity of contracts
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CIVIL LAW REVIEWER
LEX LOCI VOLUNTATIS - Law voluntarily agreed upon by the parties.
LEX LOCI INTENTIONIS - Law intended by them either expressly or implicitly
EFFECT OF FOREIN LAWS UPON PROHIBITORY LAWS: Ph prohibitory laws concerning persons, their
acts or property and those which have for their object public order, policy and good customs
SHALL NOT BE RENDERED INEFFECTIVE by laws or judgments promulgated by foreign countries.
- A dutch national after divorcing his Filipino spouse FAILED TO SUPPORT their child for several
years. He was charged with VAWC.
- He pleaded that the law of Netherlands states that he is not obliged to support.
- SC: Such law cannot be applied in the PH because it is contrary to the sound and
established policy of the PH. Prohibitive laws concerning persons, their acts or property
and those which have for their object public order, public policy and good customs shall
not be rendered ineffective by laws of foreign country.
- Dutch national is still mandated to support his child.
PRINCIPLE OF DAMNUM ABSQUE INJURIA - The proper exercise of lawful right cannot constitute a
legal wrong for which an action will lie, although the act may result in damage to another, for
NO LEGAL RIGHT HAS BEEN INVADED.
- Law gives no remedy
Elements of abuse of right (Art. 19 NCC)

1. Existence of a legal right or duty
2. Exercised in bad faith
3. For the sole intent of prejudicing or injuring another
GR: Mere breach of promise to marry is not per se an actionable wrong.

EXCEPTIONS:
1. Presence of Seduction
- There must be in all cases some sufficient promise and woman must yield because of
the promise or other inducement. It connotes deceit
- There is no seduction when the person voluntarily gave herself to the man because of
love and mutual passion.
2. When plaintiff actually incurred expenses.
Acts Contra Bonus Mores (Art 21 NCC)

1. There is a legal act
2. Contrary to morals, good customs, public order or public policy
3. Done with intent to injure
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CIVIL LAW REVIEWER
Principle of Unjust Enrichment/ Application of Action in Rem Verso (Art 22)

1. Enrichment is without just or legal ground
2. Defendant has been enriched
3. Plaintiff has suffered no loss
4. No other action based on contract, quasi-contract, crime or quasi-delict
ACTION IN REM VERSO - Action for the recovery of what has been paid or delivered without just
cause or legal ground.
- It is considered merely an auxiliary action available only when there is no other remedy on
contract, quasi contract, crime or quasi delict.
- If there is an obtainable action - SOLUTION INDEBITI SHALL BE APPLIED.

- In solutio indebiti mistake is an essential element.
UNFAIR COMPETITION REQUISITES:

1. It must involve an injury to a competitor or trade rival
2. It must involve acts which are characterized as contrary to good conscience or shocking to
judicial sensibilities
EX DELICTO - Civil liability arising from the crime.
EFFECT OF ACQUITTAL UPON EX DELICTO

1. Accused is not the author of the act - NO CIVIL LIABILITY
2. Acquittal based on reasonable doubt - Not exempt from civil liability
Prejudicial Question (Art. 36)

1. Previously instituted civil action involves an issue similar or intimately related to the issue
raised in the subsequent criminal action
2. The resolution of such issue determines whether or not the criminal action may proceed.
PREJUDICIAL QUESTION IN MARRIAGE:

1. IF FIRST MARRIAGE IS ALLEGED TO BE VOID, and contracted 2nd marriage without obtaining
judicial declaration - BIGAMY IS CONSUMMATED. No Prejudicial question
- Applies only where a marriage is at least ostensibly had taken place.
EXCEPTIONS: (THERE IS PREJUDICIAL QUESTION)

- When no marriage ceremony at all was performed - THERE IS NO FOR JUDICIAL
DECLARATION OF NULLITY OF MARRIAGE
- In this case, Prior institution of civil action for declaration of nullity will constitute
prejudicial question to the criminal action of bigamy.
- In case of Identity theft in marriage, There is no need to get judicial declaration of nullity
- In Same sex marriage - Also there is no need to get judicial declaration
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CIVIL LAW REVIEWER
2. IF SECOND MARRIAGE IS ALLEGED TO BE VOID - No Prejudicial question

- If the second marriage is alleged to be void on the ground of Psychological incapacity - NO
PREJUDICIAL QUESTION
- Second marriage must have all the essential requisites for validity
EXCEPTIONS:
- If second marriage has no marriage license - Bigamy is not committed
- In This case, The prior institution of civil action will constitute as a prejudicial question to
the criminal action of bigamy.
EXCEPTION TO THE EXCEPTION:

- BUT if the reason for lack of marriage license is the falsification of Affidavit of cohabitation -
LIABLE FOR BIGAMY - No prejudicial question
- The accused may still be charged with bigamy even if there is a subsequent declaration of the
nullity of the second marriage so long as the first marriage was still subsisting when the second
marriage was celebrated.
JURIDICAL CAPACITY CAPACITY TO ACT
Fitness to be the subject of legal relations Power to do acts with legal effects
Inherent in every natural person. Not acquired Not inherent. It is acquired
Lost only through death Lost through other means
Cannot be limited or restricted Can be limited or restricted
Restriction of capacity to act:

- Insanity, state of being deaf mute, prodigality and civil interdiction
- They do not exempt the incapacitated person from certain obligations when arising
from his acts or from property relations such as easements.
DEEP POCKET RULE - For quasi delict committed by persons below 21 but at least 18, the father or
the mother is liable for damages caused by said person living in their company
EFFECTS OF CIVIL INTERDICTION:

1. Deprivation of rights of parental authority or guardianship
2. Deprivation of marital authority
3. Deprivation of right to manage property
4. Deprivation of right to dispose his property or conveyance inter vivos.
CIVIL PERSONALITY - Same as juridical personality. Fitness to be subject of legal relations.
BEGINS: Birth determines civil personality
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CIVIL LAW REVIEWER
A person is considered born for all purposes if after COMPLETE DELIVERY from mother’s womb or
after cutting of the umbilical cord:
1. INTRA UTERINE LIFE OF AT LEAST 7 MONTHS - Alive even if only for few hours
2. INTRA UTERINE LIFE OF LESS THAN 7 MONTHS - Must live for at least 24 hours.
PROVISIONAL PERSONALITY OF CONCEIVED CHILD: It is limited for the purposes favorable to the
child.
CONSEQUENCES OF PROVISIONAL PERSONALITY:

1. Right to be a donee of simple donations but acceptance shall be made by the persons who
would legally represent him
2. Right to receive support from his progenitors
3. May not be ignored in their testament or else PRETERITION
- There is no need to establish the civil personality of the unborn child if his/her juridical capacity
and capacity to act are not the issue in the case and the case is not whether the unborn child
has acquired any rights incurred any obligations prior his death that were passed on to the
parents.
- Parent applied for bereavement benefits because his unborn child died. The employer
refused to pay because the child never died because it never acquired juridical
personality.
- SC: Parent was entitled to the said benefits. Life is not synonymous with civil
personality. One need not acquire civil personality first before she could die.
Constitution recognizes the life of the unborn from CONCEPTION
PRESUMPTIONS OF SURVIVORSHIP
ARTICLE 43 NCC RULE 131 ROC
When question of survivorship involves No question of succession

persons WHO ARE CALLED UPON TO
SUCCEED EACH OTHER and there is a
question of succession
Requisites: Requisites:
1. No proof as to who died first 1. No proof as to who died first
2. They are called to succeed each other 2. They perish in the same calamity
In the absence of proof, they shall be ROC RULES GOVERN

presumed to have died at the same time
THERE IS NO TRANSMISSION OF RIGHTS
FROM ONE PERSON TO ANOTHER
Elements of Domicile (Art. 50)

1. Physical presence in a fixed place
2. Intention to remain permanently in said place
Acquisition of New Domicile (Art. 50)
1. Bodily presence in a new locality
2. Intention to remain therein
3. Intention to abandon the old domicile
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CIVIL LAW REVIEWER
MARRIAGE
- Marriage, as an inviolable social institution, is the foundation of the family and shall be
protected by the state.
- Marriage is not a mere contract but also a social institution
- If a man and a woman deport themselves as husband and wife, they are presumed, in the
absence of counter presumption or evidence special to the case to be in fact married.
Essential Requisites of Marriage (Art. 1 Family Code) (E-LC)

1. Legal capacity of the contracting parties, who must be a male and female; and
a. 18 years old or above
b. Not under any impediment mentioned in Arts. 37 and 38 of the Family Code
2. Consent freely given in the presence of a solemnizing officer
Formal requisites of Marriage (Art. 2 FC) (F-OLC)

1. Authority of the solemnizing officer
2. Valid marriage license
3. Marriage ceremony where the contracting parties appear before the solemnizing officer,
with their personal declaration that they take each other as husband and wife in the
presence of not less than two witnesses of legal age.
ABSENCE, DEFECT OR IRREGULARITY EFFECT
Absence of any of Essential requisites VOID
Absence of any of the Formal requisites VOID
Except: In case of authority of solemnizing officer,

If either or both of the parties believed in good
faith that the solemnizing officer had legal
authority
Defect in consent Voidable
Irregularity in any of the formal requisites Does not affect the validity of the marriage but the
party may be responsible civilly, criminally and
administratively
- If any party is below 18, It is VOID even if with parents’ consent or solemnized abroad
- Age should be reckoned from the date of marriage and not from the filing of application for
issuance of marriage license
- If parties are suffering from legal impediments mentioned in articles 37 and 38, MARRIAGE IS
VOID even if solemnized outside the PH and valid there.
ARTICLE 37: Incestuous marriages:

1. Between ascendants and descendants of any degree
2. Between brothers and sisters whether full or half blood
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CIVIL LAW REVIEWER
Article 38: Void by reason of public policy

1. Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil
degree
2. Between step parents and step children
3. Between parents in law and children in law
4. Between the adopting parent and adopted child
5. Between the surviving spouse of the adopting parent and adopted child
6. Between the surviving spouse of the adopted child and the adopter
7. Between the adopted child and a legitimate child of the adopter
8. Between the adopted children of the same adopter
9. Between parties where one, with the intention to marry the other, killed that other person’s
spouse or his or her own spouse
CONSENT
- If ABSENCE of consent - VOID
- EX: Mistake in the physical identity
- If DEFECTIVE only - Voidable
- If At least 18 but below 21 and no parental consent - Voidable
- Unsound mind - Voidable
- Vitiation of consent - Voidable
- If purpose is to acquire American citizenship - VALID

- Marriages entered for other purposes, limited or otherwise such as convenience,
companionship, money, status and title are VALID
- LOVE THOUTH THE IDEAL CONSIDERATION IN A MARRIAGE CONTRACT IS NOT THE ONLY
VALID CAUSE OF MARRIAGE. Other considerations not precluded by law may validly
support a marriage.
VALID MARRIAGE LICENSE

- ABSENCE - Void
- Spurious or fake - ALSO VOID
- Mere irregularity - Validity of the marriage shall not be affected by the parties responsible for
the irregularity shall be civilly, criminally and administratively liable
- Issuance of marriage license in a city or municipality not the residence of either parties
and issuance despite the lack of publication or prior completion of the 10 day period for
publication - MERE IRREGULARITIES. Do not affect the validity
- Marriage license is valid only for a period of 120 days from the date of issuance and is deemed
automatically cancelled at the expiration of the period.
- Marriage celebrated after the expiry date - VOID.
OTHER REQUIREMENTS FOR ISSUANCE OF MARRIAGE LICENSE:

PARENTAL CONSENT - Any party below 21 is required to exhibit parental consent to the local civil
registrar
- If issued despite absence, MERELY VOIDABLE
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CIVIL LAW REVIEWER
PARENTAL ADVICE - If a party is between 21 and 25 parental advice is required.

- If not obtained or if not favorable, the marriage license shall be issued only after 3
months following the completion of the publication of the application.
- If issued earlier, Marriage is STILL VALID. It is a mere irregularity in the formal
requisite. It does not affect the validity
CERTIFICATE OF MARRIAGE COUNSELING - If any party is between 21 and 25.

- In the absence of such, the issuance of marriage license shall be suspended for three
months from the completion of the publication.
- If issued earlier, The marriage is STILL VALID. It is a mere irregularity
PUBLICATION OF APPLICATION FOR ISSUANCE OF LICENSE - Must be published for 10 consecutive

days and the license shall be issued only after the completion of period
- If issued prior, STILL VALID. Mere irregularity
CERTIFICATE OF LEGAL CAPACITY TO CONTRACT MARRIAGE - If either or both parties are

foreigners it is required.
- Absence is a mere irregularity and will not affect the validity of the marriage
CERTIFICATE OF COMPLIANCE IN FAMILY PLANNING SEMINAR

- Mere irregularity
MARRIAGES EXCEPT FROM LICENSE REQUIREMENT:
1. Marriages in Articulo Mortis

- Remains valid even if the party survives
- Solemnizer is required to execute an affidavit stating that he performed the marriage in
articulo mortis and he took steps to ascertain the ages, relationship and legal impediments of
the parties.
- Absence of such affidavit is a mere irregularity
2. Marriage in remote places

- Residence of either party is so located that there is no means of transportation to
enable such party to appear personally before the civil registrar
- Solemnizer is required to execute an affidavit stating that it falls under such
circumstance
- Absence of such affidavit is mere irregularity
3. Marriages among muslim and ethnic cultural communities

REQUISITES:
1. Marriage must be among muslims or among members of ethnic cultural communities
(BOTH PARTIES)
2. Marriage must be solemnized in accordance with their practices
- If Muslim and Non muslim - FAMILY CODE SHALL APPLY. - Not except from Marriage license.
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CIVIL LAW REVIEWER
4. Legal Ratification of marital cohabitation

REQUISITES:
1. The man and woman must have been living as husband and wife for at least five (5)
years before the marriage.
2. The parties must have no legal impediment to marry each other
3. The fact of absence of legal impediment between the parties must be present at the
time of marriage
4. The parties must execute an affidavit before any person authorized by law to
administer oaths stating that they have lived together for at least five years (and are
without legal impediment to marry each other)
5. The solemnizing officer must execute a sworn statement that he had ascertained the
qualifications of the parties and that he had found no legal impediment to their
marriage.
- Person who notarizes the contracting parties’ affidavit CANNOT BE THE JUDGE who will
solemnize the marriage.
- Five year period shall be counted back from the date of celebration of marriage.
- There must be EXCLUSIVITY and CONTINUITY
- Falsification of affidavit of cohabitation renders marriage VOID AB INITIO for lack of marriage
license. Considered as if no marriage license.
SOLEMNIZING OFFICER
1. Members of Judiciary (MTC , CTA, RTC, SB, CA, SC)
REQUISITES:
1. Incumbent members
2. Solemnize within their territorial jurisdiction
- If solemnized outside its jurisdiction, it is a MERE IRREGULARITY and does not affect the validity of
the marriage.
2. Priest, Rabbi, Imam and other religious ministers

REQUISITES:
1. Must be duly authorized by his respective church or sect in writing
2. Written authority must be duly registered in registrar
3. Act within the limits of such written authority
4. At least one of the contracting parties must belong to his church or sect.
3. Ship, Captain or airplane chief

REQUISITES:
1. Articulo mortis
2. Between passenger and or crew
- May be exercised not only while the ship is at sea or in flight but also during stop overs at ports
of call
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CIVIL LAW REVIEWER
4. Military commanders of a unit

REQUISITES
1. Must be a commissioned officer or an officer in AFP holding a rank by virtue of a commission
from the president
2. Assigned chaplain to his unit must be absent
3. Articulo mortis
4. Solemnized within the zone of military operations
- Contracting parties can be civilians
5. Consul general, consul or vice consul

REQUISITES:
1. Marriage must be celebrated abroad in the country where the consul holds office
2. Between filipinos
6. Mayors
MARRIAGE CEREMONY
- No prescribed form required.
MINIMUM REQUIREMENTS:
1. Personal appearance before the solemnizing officer
2. Declaration in the presence of not less than two witnesses that they take each other as
husband and wife.
- Marriage celebrated through video conferencing in PH is not valid.

- If celebrated abroad - VALID if it is valid there as such
- Marriage by proxy in PH is NOT VALID
- If celebrated abroad - VALID if it is valid there as such
- If there was no declaration that they take each other as husband and wife but the marriage
contract was signed in the presence of the solemnizing officer - NOT FATAL DEFECT. IT IS VALID.
- If no marriage ceremony transpired - VOID
- The requirement that the same shall be done in the presence of at least 2 witnesses is merely
DIRECTORY
MARRIAGE CONTRACT
- Best documentary evidence of the marriage
- But marriage can be proven by other evidence.
- Testimony of a witness
- Couple’s public and open cohabitation
- Birth and baptismal cert
- Mention of such nuptial in other documents
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CIVIL LAW REVIEWER
VALIDITY OF MARRIAGE CELEBRATED ABROAD

- Valid if they are valid in the place where they celebrated
EXCEPTIONS:
1. Party is below 18
2. Bigamous or polygamous marriage
3. Marriage contracted through mistake of identity
4. One of the parties in a subsequent marriage is already a party to a prior marriage which has
been annulled or judicially declared void but fails to comply with the requirements of Article
52
5. Psychological incapacity
6. Incestuous marriage
7. Void by reason of public policy
8. Same Sex marriages
- Marriage without marriage license in abroad is valid in PH if valid there as such

- Marriage by proxy abroad is valid in ph if valid there as such
WHEN DIVORCE MAY BE VALID

- IF MIXED MARRIAGE - Obtained by the alien spouse provided that the divorce decree is valid
according the the national law of the said foreigner
- IF BOTH FILIPINOS - Cannot be obtained because it is contrary to public policy
- The divorce decree obtained must capacitate the alien to remarry.

- If divorce decree was a limited divorce or MENSA ET THORO or if the foreigner is not
allowed to remarry - FILIPINO IS ALSO NOT ALLOWED TO REMARRY
- Divorce decree must be proven as a fact and there shall be judicial recognition
- Registration to civil registrar without judicial recognition is patent nullity
REASON: To avoid the absurd situation where in the Filipino spouse remains married to the alien
spouse who is no longer married to the filipino spouse.
- Divorce decree may also be obtained if foreigner obtains a foreign judgment nullifying the
marriage on the ground of bigamy.
VOID MARRIAGES
CHARACTERISTICS
1. Inexistent from the very beginning hence void ab initio
2. Can be attacked collaterally
- For other purposes such as determination of heirship, legitimacy or illegitimacy,
settlement of estate, Dissolution of property etc, the court may pass upon the validity of the
marriage even in a suit NOT DIRECTLY INSTITUTED as long as it is essential to the determination of
the case.
- Any interested party may attack a void marriage directly or collaterally without
prescription which may be filed even beyond the lifetime of the parties in the marriage
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CIVIL LAW REVIEWER
- BUT: SC held that it has no jurisdiction to nullify marriages in a SPECIAL PROCEEDING FOR
CANCELLATION OR CORRECTION OF ENTRY UNDER RULE 108
- EXCEPTIONAL RULE: If Identity theft, Court allowed correction using Rule 108.
3. Can be questioned even after the death of either party

- If covered by AM NO 02-11-10, A void marriage can still be questioned even after the
death but by way of PETITION FOR DECLARATION OF NULLITY because it may only be filed within
the lifetime of the parties. (AM NO 02-11-10 IS NOT INCLUDED IN 2018 BAR)
4. Imprescriptible
5. Any proper interested party may attack a void marriage

- Only compulsory heirs of the spouses may attack the validity of the marriage upon the
death of a spouse.
6. Has no legal effect except those expressly declared by law such as to property relations or
effect to children born to such void marriages.
IF CHILD IS BORN TO WITHIN THE VOID MARRIAGE:

GR: Illegitimate
EXCEPT: If ground is Psychological Incapacity or Failure to comply with the registration of
partition and delivery of presumptive legitime
Ninal vs Bayadog case: The children have personality to file the petition to declare the nullity of
marriage of their deceased father to their step mother as it affects their successional rights.
VOID MARRIAGES NOT ENUMERATED UNDER FC:

1. Same Sex marriage
2. Marriage without marriage ceremony
3. Mere signing of marriage contract without the presence of solemnizing officer
VOID MARRIAGES UNDER FC:

1. Any party below 18
- Void even if solemnized abroad or even with consent of parents
2. Solemnizer is not legally authorized

- If celebrated abroad, it may be valid if valid there.
EXCEPTION: If either or both of the parties believed in good faith that the solemnizing officer had
the legal authority to do so, the marriage is valid.
- GOOD FAITH must be based on mistake of fact not mistake of law.
3. Lack of valid marriage license

- If celebrated abroad, may be valid if valid there.
- If marriage is conducted by consular officials, License is still necessary (As if in PH)
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CIVIL LAW REVIEWER
- Absence must be APPARENT on the marriage contract or supported by a certification of

the local civil registrar that no such marriage license was issued
- The certification must state that the registrar exerted diligent efforts to locate the
records.
- If no such diligent efforts, Cannot be declared void.
4. BIGAMOUS OR POLYGAMOUS MARRIAGE

- Void even if celebrated abroad
Exceptions:
1. Subsequent marriage after obtaining Declaration of presumptive death
REQUISITES:
1. Prior spouse of the spouse present has been absent for 4 consecutive years or two
years if circumstances under Art 391 is present
2. Well founded belief that the absent spouse is already dead
3. Obtained a judicial declaration of presumptive death (Summary proceeding)
- If subsequent marriage was contracted without the judicial declaration of presumptive death,
MARRIAGE IS BIGAMOUS.
- It is by reason of non compliance with Article 40.
- Proof of well founded belief cannot be retroactively applies. Marriages celebrated during the
effectivity of civil code does not require the same (Marriages before Aug 3, 1988)
WELL FOUNDED BELIEF - Must be the result of proper and honest to goodness inquiries and efforts
to ascertain the whereabouts of the absent spouse.
- Strict standard is applied because of the state’s policy to protect and strengthen marriage.
- FC: Subsequent marriage remains valid notwithstanding the bad faith of the present spouse in
obtaining the judicial declaration so long as the second spouse is in good faith. Subsequent
marriage is only void if BOTH OF THE PARTIES acted in Bad faith.
- BUT IN SANTOS VS SANTOS: Subsequent marriage contracted in bad faith lacks
requirement of well founded belief that the spouse is already dead. Hence subsequent
marriage is void.
TWO WAYS OF TERMINATING THE SUBSEQUENT MARRIAGE:

1. Recording of affidavit of reappearance
2. Judicial declaration of dissolution or termination of the subsequent marriage
SANTOS VS SANTOS: The proper remedy available to the presumptively dead spouse is not the
filing of an affidavit of reappearance but an action to annul the judgment declaring him or her
presumptively dead.
- The choice of proper remedy is important for the purposes of determining the status of
the second marriage and the liabilities of the spouse who in bad faith claimed that the other
spouse was absent.
EFFECT OF REAPPEARANCE:
- If no steps were taken, it will not terminate the marriage.
- Reappearance does not always immediately cause the subsequent marriage’s termination.
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CIVIL LAW REVIEWER
CONDITIONS TO TERMINATE THE SUBSEQUENT MARRIAGE:

1. Non existence of a judgment annulling the previous marriage or declaring it void ab initio
2. Recording in the civil registrar of the residence of the parties to the subsequent marriage.
3. Due notice to the spouses
4. Fact of reappearance must be undisputed and judicially determined.
EFFECT OF REGISTRATION OF REAPPEARANCE:

1. Automatic resumption of the previous marriage
2. Subsequent marriage is automatically terminated without a need of judicial proceedings.
Second spouse may contract another marriage without the need of complying with Art 52
(Presumptive legitime registration)
3. Status of children of terminated marriage - LEGITIMATE
4. Property regime shall be liquidated.
- If either party acted in bad faith - His/her share in net profits shall be forfeiter in favor of:
A. Common children
B. Children of guilty spouse by previous marriage
C. Innocent spouse
- If both parties acted in bad faith, the property relations is governed bob Art 148
5. Donation propter nuptias
GR: Remain valid
EXC: If donee or both of the, contracted the marriage in bad faith, the donation is
REVOKED by operation of law
6. Designation of beneficiary in insurance

GR: If irrevocable, No right to change
EXC: If acted in Bad faith, The innocent spouse may revoke even if irrevocable.
7. Disqualification to inherit
- Spouse who contracted the marriage in Bad faith is disqualified to inherit from the
innocent spouse in testate or intestate
- If both acted in bad faith, Revoked by operation of law but may inherit as voluntary
heirs to wills executed after judicial declaration of nullity
Elements of Bigamy (Art. 349 Revised Penal Code)

1. The marriage has not been legally dissolved or in case his or her spouse is absent, the
absent spouse could not yet be presumed dead according to the Civil Code
2. The offender contracts a second or subsequent marriage
3. The second or subsequent marriage has all the essential requisites for validity
5. MISTAKE IN IDENTITY
- Even if celebrated abroad, still void.
- Must be with reference to the ACTUAL PHYSICAL IDENTITY
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6. Non registration of Judgment of annulment or of absolute nullity, partition and distribution of

properties and the delivery of presumptive legitimes
- REQUIRED IF MARRIAGE IS ANNULLED OR JUDICIALLY DECLARED VOID.
- If not complied, Void even if contracted abroad.
- Children conceived or born of such subsequent void marriage are LEGITIMATE.
- Property relations shall be governed by Art 147
7. PSYCHOLOGICAL INCAPACITY
- No less than a mental incapacity that causes a party to be truly in-cognitive of the
basic marital obligations. There must be inability to understand the obligations of marriage as
opposed to mere inability to comply with them
- No moral damages in Psychological incapacity
CHARACTERISTICS:
1. Gravity
2. Incurability
3. Juridical Antecedence
- Mere refusal to comply or mere irreconcilable differences and conflicting personalities - NOT PI
- Must be existing at the time of the marriage although overt manifestation may emerge only
after the marriage.
- It must not be mere physical incapacity
- Need for expert opinion not anymore required. Statement of the root cause does not need to
be in medical terms or be technical in nature.
- Psychological incapacity may exist in one party or in both of them
Molina doctrine on psychological incapacity/ Jurisprudential guidelines

1. Incapacity must be permanent or incurable
2. Root cause of the psychological incapacity must be
a. Medically or clinically identified
b. Alleged in the complaint
• Sufficiently proven by experts
• Clearly explained in the decision
3. Marital obligations refer to Art. 68 – 71 ,220, 221, and 225 of the FC
4. Plaintiff has burden of proof
5. Incapacity proven to be existing at the time of the celebration of marriage
6. Trial court must order the prosecuting attorney or fiscal and the Solicitor General to
appear for the state
7. Interpretations of the National Appellate Matrimonial Tribunal of the Catholic Church of
the Philippines while not controlling should be given great respect
8. Illness is grave enough to bring about disability to assume essential marital obligations
- Molina doctrine was not abandoned. It was merely relaxed.

- Certification of the OSG has been dispensed with.
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- Molina doctrine applies to mixed marriages

- Psychological incapacity is not a defense in bigamy because such marriage may still produce
legal consequences and one of those is the criminal liability for bigamy
- Pathological liar - THERE IS PSYCHOLOGICAL INCAPACITY
- Continuous and unexplainable refusal to have sexual intercourse with the wife for an
unreasonable length of time and senseless refusal to such is equivalent to PI
- Mere sexual infidelity and abandonment is not PI
- Mere inability to conceive is not PI
8. Incestuous marriages
1. Between ascendants and descendants of any degree whether legit/illegit
2. Brothers and sisters whether full or half blood or whether legit/illegit
- Void even if celebrated abroad
9. Void marriages by reason of public policy (Void even if celebrated abroad)
A. Between collateral blood relatives

- Within the 4th civil degree whether legitimate/illeg
INCLUDES:
1. Uncles and nieces
2. Aunts and nephews
3. First cousins
- Second cousin marriages are valid.
B. Between step parents and step children

- Prohibition still applies even after the termination of the marriage which is the source of
relationship by affinity regardless of the cause of termination
- Marriage between step brothers and sisters is valid.
C. Between parents in law and children in law

- Prohibition still applies even after the termination of the marriage which is the source of
relationship by affinity regardless of the cause of termination
D. By reason of adoptive relationship

INCLUDES:
1. ADOPTER CANNOT MARRY
1. Adopted
2. Surviving spouse of adopted
2. ADOPTED CANNOT MARRY

1. Adopter
2. Surviving spouse of the adopter
3. Legitimate child of the adopter
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4. Another adopted child of the adopter
NOT PROHIBITED:
1. Adopted child and ILLEGITIMATE CHILD
2. Marriages between former spouse - Because only SURVIVING SPOUSE is prohibited. Thus if
marriage was terminated by annulment - may validly marry
E. By reason of intentionally killing another’s spouse

- Must be for the primary purpose of marriage
- Void even if the surviving spouse did not conspire in killing the other spouse
- No need for prior conviction
10. Void marriage under Article 40

- Prior marriage itself is void but party did not secure judicial declaration of nullity before
contracting to a subsequent marriage.
ARTICLE 40 ARTICLE 35(4)
- Prior marriage itself is void but party did not Prior marriage is perfectly valid or at least
secure judicial declaration of nullity before voidable and the party thereto contracts another
contracting to a subsequent marriage. marriage prior to its termination.
- Void and parties may be prosecuted for bigamy

- Marriage at least ostensibly had taken place
- If no marriage ceremony at all was performed - NO NEED FOR JUDICIAL DECREE
- Mere signing of the marriage contract without the presence of the solemnizing officer -
NO NEED FOR JUDICIAL DECLARATION
- Identity theft - no need for JD
- Same Sex - no need for JD
EFFECTS OF JUDICIAL DECLARATION OF NULLITY OF MARRIAGE

- Retroacts to the date of its celebration insofar as the vinculum
Property relations:
GR: Art 147 / 148 applies.
ART 147 - Applies to unions of parties who are legally capacitated and not barred by any
legal impediment to contract marriage but whose marriage is nonetheless void (like
psychological incapacity or when celebrated without marriage license)
ART 148 - Incapacitated to marry each other such as bigamous marriage or less than 18
EXCEPTION: If void by reason of Article 40, The property relations of subsequent marriage is
Absolute community or conjugal property or what was stipulted.
On Donation Propter nuptias:

GR: Revocable at the instance of the donor
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EXCEPTION:
1. If void by reason of Article 40: Remains valid except when the donee spouse contracted in
bad faith in which case it is revoked by operation of law
2. Void under Article 44 (Both in bad faith) - Revoked by operation of law.
Designation as beneficiary
GR: Cannot change if irrevocable
EXC: By reason of article 40 and if bad faith, May be revoked even if irrevocable
Right to inherit:
A. Intestate succession - Cannot anymore
B. Testate: Remain valid
except:
1. By reason of Art 40 and there is bad faith (disqualified to inherit)
2. By reason of Art 44: Revoked by operation of law but may inherit as voluntary heirs to
wills executed after judicial declaration of nullity
Parental authority and custody

GR: Children are considered illegitimate and shall be under the parental authority of the mother.
The illegitimate father is not entitled to custody even if he admits paternity only visitation rights .
- If Psychological incapacity or non compliance with Art 52 - Children are legitimate.

- Parental authority shall be exercised by parent designated by court.
- IF BELOW 7: TENDER AGE DOCTRINE SHALL APPLY (mother)
- The law presumes that the mother is the best custodian
VOIDABLE MARRIAGES
CHARACTERISTICS
1. Considered valid and produces all its civil effects until it is set aside by final judgment by action
of annulment
2. Can be ratified or confirmed generally by free cohabitation or prescription
EXCEPTIONS:
1. Impotency
2. Affliction of STD
3. Subject to prescriptive period

4. May only be assailed in a direct proceeding
5. Can be questioned only during the lifetime of parties
6. Ground or defect must be in existence at the time of the celebration of marriage
- Children conceived in a voidable marriage are legitimate if conceived or born before the
finality of the judgment of annulment
- Property relations shall remain to be ABC/CPG as the case may be
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GROUNDS FOR ANNULMENT
1. Lack of parental consent (18 but below 21)

- Father, mother, surviving parent or guardian or persons having legal charge of the party
in the order mentioned
- If Illegitimate child - Mother is required.
2. Insanity
- Voidable whether or not the sane spouse was aware of the existence of such insanity at
the time of the celebration of the marriage.
- If the sane person had no knowledge of the insanity, the sane spouse has the
personality to file the action for annulment
- If with knowledge, Only the insane spouse may file during lucid interval or his
relative, guardian or person having legal charge of him
3. Consent obtained through fraud

FRAUD INCLUDED (EXCLUSIVE)
1. Non disclosure of previous conviction
REQUISITES:
1. Previous conviction by final judgment
2. Moral turpitude
3. Not disclosed to the other prior to or at least during the marriage
2. Concealment of pregnancy by a man other than the husband
REQUISITES:
1. Wife was pregnant at the time of the celebration of marriage
2. Such pregnancy was by another man
3. Same was concealed from the husband at the time of the celebration
3. Concealment of STD
REQUISITES:
1. Either party was afflicted with STD at the time of the celebration regardless of
nature
2. Same was concealed
4. Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism

REQUISITES
1. Existence at the time of the marriage
2. Same was concealed
4. Consent obtained through force, intimidation, Undue influence

REQUISITES:
1. It must be the determining cause
2. Unjust
3. Grave
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4. Reasonable grounded fear from the fact tat the person who employed it has the
necessary means to inflict the threatened injury.
- If the claim is just, it does not vitiate consent.
5. Impotency
- Physical inability to perform the act of sexual intercourse.
- Not mere sterility or inability to procreate
- It must be permanent and incurable
- It must continue up to the time of the filing of the petition.
- It must be unknown to the injured party at the time of the marriage.
DOCTRINE OF TRIENNIAL COHABITATION - If the wife remains virgin after 3 YEARS of cohabitation,
the husband will be presumed impotent.
6. Afflicted with STD which is serious and Incurable

- It must be unknown to the injured party.
EFFECTS OF ANNULMENT DECREE:

- Must comply with Article 52 (Registration)
- Children of the terminated marriage are considered legitimate if conceived prior to the finality
of the judgment.
- Parental authority shall be exercised by parent designated by court unless Tender age doctrine
will apply
- If one spouse contracted the marriage in bad faith, his or her share in the NET PROFITS shall be
forfeited in favor of Common children, Children of guilty spouse or innocent spouse.
In donation propter nuptias:

GR: Valid
EXC: If bad faith - donor may revoke the donation
- If voidable because of lack of parental consent - revokable even without the judgment
of annulment
In insurance:
- The spouse may revoke the designation of the spouse in Bad faith even if it is irrevocable
In inheritance:
- Spouse who contracted the marriage in bad faith shall be disqualified to inherit to the
innocent spouse by testate or intestate.
ROLE OF SOLICITOR GENERAL

- OSG may bring or defend actions on behalf of RP once brought before the SC or CA.
- Certification of SOLGEN has been dispensed with
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ROLE OF PUBLIC PROSEC

- Required to intervene in the annulment and petition for the declaration of nullity of void
marriages in order to prevent collusion between parties
- Court order to the public prosecutor for the investigation of whether collusion exists must be
made BEFORE THE TRIAL COULD PROCEED not after the trial on the merits.
- Appearances of SOLGEN and or Public prosecutor are mandatory. The failure of the RTC to
require their appearance does not per se nullify the compromise agreement
GROUND MODE OF RATIFICATION PRESCRIPTIVE PERIOD

AND WHO MAY FILE
PARENTAL CONSENT Free cohabitation with the other A. PERSON WHOSE CONSENT
after attaining the age of 21 IS REQUIRED - Prior to the
party attaining the age of 21
B. SPOUSE WHOSE PARENT

DID NOT GIVE CONSENT -
Within 5 years after attaining
the age of 21
Insanity Free cohabitation by insane after Action must be filed during the
coming to reason lifetime of the parties.
A. Insane spouse - After

regaining sanity or during
lucid interval
B. Sane spouse - if he or she

was not aware of the insanity
at the time of the marriage
C. Any relative or person having

legal charge of the insane
Fraud Free cohabitation with the other Within 5 years from the
by the injured party after gaining discovery and only the victims
full knowledge of fraud may file
Vitiation of consent Free cohabitation Within 5 years after force,

intimidation have ceased.
Impotency
NO RATIFICATION
Incurable STD
LEGAL SEPARATION
- Marriage is not severed
- Cause must exist only after the celebration of the marriage
GROUNDS:
1. Repeated physical violence against the petitioner, a common child or child of the petitioner
2. Grossly abusive conduct against the petitioner, a common child or child of the petitioner
3. Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation
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4. Attempt of the respondent to corrupt or induce the petitioner, a common child or child of the
petitioner to engage in prostitution, or in connivance in such corruption
5. Final judgment sentencing the respondent to imprisonment of MORE THAN 6 YEARS even if
pardoned.
6. Drug addiction, habitual alcoholism, lesbianism, homosexuality
7. Contracting of subsequent bigamous marriage whether in PH or abroad
8. Sexual infidelity or perversion
9. Attempt against the life of the petitioner
10. Abandonment of the petitioner without justifiable cause for MORE THAN ONE YEAR
DEFENSES IN LEGSEP
1. Condonation
2. Consent
3. Connivance
4. Collusion
5. Mutual guilt ore recrimination or when both parties gave ground for legal separation
6. Prescription (5 years from the occurrence of cause)
CONDONATION CONSENT
Given after the offense is committed Given in advance or prior to the commission of
the act
CONNIVANCE COLLUSION
Agreement, express or implied, by both Agreement between the parties for one of them to
spouses to the ground commit or to appear to commit or to be
represented in court as having committed a
matrimonial offense or to suppress evidence for
the purpose of enabling the other to obtain legal
separation
- Collusion may not be inferred from the mere fact that the guilty party confess to the offense.
What is prohibited is judgment based exclusively on confession
COOLING OFF PERIOD - The case shall not be tried within 6 months from the filing of the petition
EXCEPTION: If ground constituted violence as defined in VAWC
- Cooling off period odes not prevent the court from hearing preliminary injunction
EFFECTS OF LEGSEP:
1. Right to live separately from each other but there is no severance of marriage
2. Dissolution of the ACP/CPG (complete separation after). The share of the offending spouse in
the NET PROFITS shall be forfeited in favor of Common Children/Children of offending/
Innocent spouse.
3. Right to inherit:
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- INTESTATE: Disqualified to inherit from the innocent spouse. But innocent may inherit
- TESTATE: In favor of Offending spouse: Revoked by operation of law but Offending
spouse may inherit from testamentary dispositions made after the decree of legal separation
4. Right to receive legal support

- Ceases
EXCEPTION: Court may order guilty spouse to support innocent
5. Donation propter nuptias:

- May be revoked but must revoke within 5 years from the finality of decree
6. Innocent spouse may revoke the designation of the guilty spouse as beneficiary even if
irrevocable
7. Custody of children: Designated by the court unless Tender age doctrine applies
DECREE OF RECONCILIATION - upon joint manifestation of the spouses under oath that they have
reconciled.
- Set asides Legsep
EFFECTS:
1. The separation of property and any forfeiture of the share of the guilty spouse already
effected shall subsist UNLESS they agreed to revive the FORMER REGIME ( not automatic. They
must execute an agreement to revive under oath and submit it to the court for its approval)
ADOPTION OF NEW PROPERTY REGIME - NOW ALLOWED.

- But parties may not adopt absolute community or conjugal as their new property regime
because these regimes cannot commence at any time other than the precise moment of the
celebration of marriage.
RIGHTS AND OBLIGATIONS OF HUSBAND AND WIFE

1. Obligation to live together
EXCEPT: If living abroad or valid reason
- If the spouse leaves the conjugal dwelling without just cause and later demands for legal
support, the other spouse has the option of giving support by receiving and maintaining him/
her in the family dwelling and if he or she refuses, the right to receive legal support terminates.
2. Obligation to observer mutual love, respect and fidelity

3. Mutual help and support
- The fact that it was not the husband who called for medical assistance for the wife, he
is still liable to pay the expenses incurred in relation there to
- If the other spouse objects to the exercise of any profession or activity and the court finds it
proper, The liability shall be borne by:
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- 1. If benefit accrued to the family prior to the objection - The resulting obligation is chargeable
to ACP or CPG
- 2. If accrued to the family after objection - Enforced against the separate property of the
spouse.
- 3. If no benefit - separate property
PROPERTY RELATIONS
WHAT SHALL GOVERN:

1. Marriage settlement in writing executed before the celebration of marriage
2. If no marriage settlement or if void:
1. ABSOLUTE COMMUNITY - If after FC
2. Conjugal partnership - If before FC
MARRIAGE SETTLEMENT
- To be enforceable against third persons, it must be registered in local civil reg.
- If party is at least 18-21, The person whose consent is necessary must be a party to the
marriage settlement or else void
- If suffering from civil interdiction, Guardian appointed must be a party or else void
NON CELEBRATION OF MARRIAGE: Void. Donation propter nuptias in the marriage settlement
shall also be void.
EXCEPT: Stipulations that do not depend upon the celebration of marriage: Paternity
- If no liquidation is made either judicially or extrajudicially within 1 year from the death of the
deceased spouse - MANDATORY REGIME OF COMPLETE SEPARATION OF PROPERTY shall govern
if subsequent marriage was contracted.
- PH laws shall govern property relations of Filipinos regardless of their residence
- For property located outside PH - Law of the country where it is situated.
Donations propter nuptias/ Donations by reason of marriage

1. In consideration of marriage
2. In favor of one or both of the future spouses
3. Made before celebration of marriage
- If PERSONAL PROPERTY and value exceeds 5k - Donation and acceptance shall be in writing
- REAL PROP: donation and acceptance shall be in public instrument or else void.
Rules in case of donation by would-be spouses to each other

1. There must be a valid marriage settlement stipulating a property regime other than
absolute community of property
2. Donation in marriage settlement not more than one-fifth (1/5) of present property
3. Accepted by would-be spouse
4. Complies with requisites in Title II of Book II of Civil Code on Donations
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- Donation of future properties shall only be allowed if in the form of wills.

- If Donation propter nuptias was not in the marriage settlement and no marriage happened -
MAY ONLY BE REVOKED BY DONOR.
- IF IN MARRIAGE SETTLEMENT - VOID
- When marriage is declared void - May be revoked.

- If by reason of Art 40: revoked by operation of law
- If Art 44: revoked by operation of law
- When marriage is annulled:

- GR: REMAINS VALID
- EXCEPTION: If the donee acted in Bad faith, It may be revoked
- It is necessary that there must be final decree of annulment.
- EXCEPT IF: Parental consent 
DONATIONS DURING MARRIAGE: Whether direct or indirect is VOID unless

- Donations to step children or to persons of whom the other spouse is a presumptive heir
at the time of the donation ARE PROHIBITED.
EXCEPTION: Moderate gifts on the occasion of any family rejoicing
- It also applies to persons living together as husband and wife without a valid marriage
ABSOLUTE COMMUNITY OF PROPERTY (ACP)

- Joint owners of all the properties of the marriage
- When dissolved the common mass is divided equally
- Can only commence at the precise moment that the marriage is celebrated.
- Any stipulation to the contrary is void.
- No waiver of Rights, Interest, Share or effects of absolute community during marriage except
upon judicial separation of property
PROPERTIES INCLUDED: All properties owned by the spouses at the time of the celebration of the
marriage or acquired during the marriage UNLESS EXCLUDED in marriage settlement or Art 92 FC
PROPERTIES EXCLUDED (EXCLUSIVE PROPERTIES)

1. Those excluded from the absolute community in the marriage settlement
2. Acquired during the marriage by gratuitous title including its fruits and income
3. Acquired before the marriage by either spouse who has legitimate defendants by a former
marriage including its fruits and income
4. For personal and exclusive use of either spouse except jewelry
OBLIGATIONS CHARGEABLE TO THE ABSOLUTE COMMUNITY

1. Support of spouses, common children, legitimate children of either spouse.
- ILLEGITIMATE - Exclusive property
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- If the debtor spouse does not have property or his or her exclusive property is not
sufficient, The absolute community is required to ADVANCE THE PAYMENT to be deducted from
his or her share upon liquidation
2. ANTENUPTIAL DEBTS - Contracted before the marriage shall be chargeable to the absolute
community only if they have REDOUNDED TO THE BENEFITS of the family.
- If DURING THE MARRIAGE, Chargeable if:

1. Contracted by both spouses
2. Contracted by one spouse with consent of the other
3. Without consent but redounded to the benefit of the family
4. Contracted by the administrator spouse for the benefit of the community
3. Taxes and expenses

A. Falling upon community property
B. Falling upon the separate property if used by the family
C. Community property whether repair is minor or major
D. Separate property if incurred during the marriage, for mere preservation and
property is used by the family
4. Expenses to enable spouse to commence or complete a professional course or other activity

for self improvement
5. Value of what is donated or promised by both spouses in favor of common legitimate children
for purpose of commencing or completing professional course for self improvement
6. Expenses of litigation between spouses unless groundless
7. Advances in case of insufficiency if:
A. Antenuptial debt by wither spouse which did not benefit the family
B. Support of illegitimate children
C. Liabilities incurred by either spouse by reason of crime or delict
OBLIGATIONS CHARGEABLE TO SEPARATE PROPERTY

1. Support of illegitimate children of either spouse
2. Liabilities incurred by reason of crime or quasi delict
3. Groundless litigation
4. Losses during the marriage in any game of chance
5. Debts contracted during the marriage by administrator that did not benefit the family or by
one spouse without the consent of the other that did not benefit the family
6. Antenuptial debts which did not benefit the family
7. Taxes incurred on a separate property that did not benefit the fam
8. Expenses incurred during the marriage on separate property if not for preservation or not used
by fam
WHEN SOLE ADMINISTRATION IS ALLOWED:

1. One spouse is incapacitated - Without need of court approval
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2. Abandons without just cause or fails to comply with the obligations to the family - Petition to
the court
3. Designated by the court during the pendency of legal separation
- Power to administer does not include the powers of disposition and encumbrance without the
authority of the court or the written consent of the spouse.
SALE OR DISPOSITION INTER VIVOS

- There must be written consent of the other spouse or authority given by court OR ELSE VOID.
- Applied even in donations
- It is considered as a continuing offer.
- Execution of the SPA is the acceptance by the other spouse that perfected the
continuing offer.
- If no consent, IT IS VOID IN ITS ENTIRETY
- Either spouse may dispose by will his or her share in the community property
CAUSES OF DISSOLUTION OR TERMINATION OF ABSOLUTE COMMUNITY

1. Death by either spouse
MANDATORY REQUIREMENT: Must liquidate either judicially or extrajudicially within 1 year
from the death of the deceased spouse OR ELSE: MANDATORY COMPLETE SEPARATION OF PROP
IF SUBSEQUENTLY MARRIED
- Disposition without liquidation: Sale is valid insofar as the ideal share of the selling co
owner
2. Finality of Decree of legal separation/Annulment/Decree of nullity

- If merely separation in fact- Not affected. There must be a decree
- Spouse who leaves the conjugal home or refuses to live therein without just cause shall
have no right to be supported.
- If a spouse without just cause abandons the other or fails to comply with the obligations,
the aggrieved spouse may petition for receivership, judicial separation or to be the sole admin
PRESUMPTION OF ABANDONMENT:
1. A spouse is deemed to have abandoned the other when he or she left the conjugal dwelling
without any intention of returning
2. A spouse who has left the conjugal dwelling for a period of 3 months or has failed within the
same period to give any information as to his whereabouts shall be prima facie presumed to
have NO INTENTION OF RETURNING
- Inventory of properties shall be done after the liquidation.
CONJUGAL PARTNERSHIP OF GAINS

- Special type of partnership where the husband and wife place in common fund the proceeds.
products, fruits and income from their SEPARATE PROPERTIES and those acquired by either or
both through their efforts or by chance.
- Also no waiver of RISE.
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PROPERTIES EXCLUDED:
1. Properties acquired prior to the marriage
EXCEPT:
1. Fruits and income of said properties
2. Those included in marriage settlement
2. Properties acquired DURING the marriage by Gratuitous title

- If Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits are
obtained out of pure liberality of the donor, Then such benefit becomes the SEPARATE PROPERTY
- If only accumulation or deduction from money earned during the marriage - CP
3. Properties acquired by right of redemption, by barter or exchange with property belonging to

only one spouse.
4. Purchased with exclusive money
PROPERTIES INCLUDED:
1. Acquired by onerous title during the marriage at the expense of the common fund
PRESUMPTION OF CONJUGALITY: All property acquired during the marriage whether the
acquisition appears to have been made, contracted or registered in the name of one spouse is
presumed conjugal UNLESS CONTRARY IS PROVED.
- Registration alone does not destroy
- Presumption refers only to the property acquired during the marriage and does not
operate when there is no showing that it was acquired during the marriage.
- Presumption will not apply to private lands involving an alien
EXCEPTION: When acquired through the exercise of right of redemption
2. Property obtained during the marriage from the labor, industry, work or profession of either or
both spouses.
3. Fruits from conjugal properties and net fruits from the separate properties.
- Principal and interest payable in installments: If credit is payable within a period of time
and belongs to one of the spouses:
A. Sums representing installments on the principal - EXCLUSIVE
B. INTEREST - Conjugal
4. Share in the hidden treasure
5. Those acquired through chance and gambling except losses.
6. Livestock existing in excess of the number of each kind brought to the marriage by either
spouse
PROPERTY BROUGHT THROUGH INSTALLMENT:

Requisites:
1. Property is brought on installments prior to the marriage
2. Payment is completed only during marriage
3. Paid partly from exclusive and conjugal
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- FULL OWNERSHIP VESTED PRIOR TO MARRIAGE: Exclusive property of buyer

- VESTED DURING THE MARRIAGE: Conjugal
- There shall be reimbursement upon liquidation of partnership
IMPROVEMENT ON SEPARATE PROPERTY:

Requisites:
1. Improvement is made on separate property of either spouse
2. Improvement is made during the marriage
3. At the expense of conjugal partnership
- COST IS MORE THAN THE VALUE OF PROPERTY - Entire property belongs to CP

- COST IS LESS THAN THE VALUE OF PROPERTY - Entire property belongs to owner
OBLIGATIONS CHARGEABLE TO CP
1. Support of Spouses, common children, legitimate children of either spouse.
- ILLEG - Exclusive
2. Antenuptial debts - Chargeable to CP if redounded to the benefit of family
3. Debts contracted during the marriage: Chargeable if:
1. Contracted by both spouses
2. Contracted by one spouse with consent of the other
3. Without consent but redounded to the benefit of the family
4. Contracted by the administrator spouse for the benefit of the community
4. Personal debts contracted without the consent:
1. If benefited family - Chargeable
2. If not - Exclusive
PRESUMPTION OF BENEFIT TO FAMILY: Contracts an obligation on behalf of the family business

- But if husband/wife only acted as surety or guarantor - NOT REDOUNDED TO THE BENEFIT.
- It must be direct
5. Taxes and expenses: SAME AS ACP
OBLIGATIONS CHARGEABLE TO SEPARATE PROPERTY: SAME AS ACP
BUYERS OF CONJUGAL PROPERTY SHALL OBSERVE TWO DILIGENCE:

1. Verifying the validity of the title covering the property
2. Inquiring the authority of the transacting spouse to sell
SEPARATION OF PROPERTY:
- Separation may refer to present or future property or both
- May be total or partial
If partial: Those not separate are ACP
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GROUNDS FOR JUDICIAL SEPARATION FOR SUFFICIENT CAUSE:

1. Sentenced to a penalty which carries civil interdiction
2. Judicially declared an absentee
3. Lost parental authority by court decree
4. Abandoned the petitioner or failed to comply with marital olli
5. Administrator abused authority
6. Separated in fact for at least one year and reconciliation is highly improbable.
GROUNDS FOR REVIVAL OF PROPERTY REGIMES:

1. If voluntary, The parties may agree to the revival even in the absence of a reason. But no
voluntary separation may be granted.
2. If for sufficient cause, Upon the cessation of the ground. The spouse can again petition for
judicial separation so long as there is a new ground
Transfer of administration:
- Must be by means of public instrument and recorded in registrar
AUTOMATIC TERMINATION OF ADMINISTRATION: If alienation of any exclusive property of a

spouse administered.
PROPERTY REGIMES OF UNIONS WITHOUT MARRIAGE:
1. PROPERTY REGIMES IN VOID MARRIAGES

GR: Regardless of the cause, it is governed by Art 147 or 148. No ACP/CPG in void marriage
EXCEPTION: Void for non compliance with Article 40 - The property relations is either ACP or CPG
PROPERTY REGIME UNDER ARTICLE 147:

REQUISITES:
1. Must be capacitated to marry each other
2. Live exclusively with each other as husband and wife
3. Their union is without the benefit of marriage or their marriage is void
- Capacitated - Refers to legal capacity - Male/female, 18 years old.

- Also applies to union without marriages or those merely cohabiting
- It does not apply to multiple alliances
EXAMPLES:
1. Declared void by Psychological incapacity
2. Celebrated without Marriage license
DISTRIBUTION OF PROPERTIES:
WAGES AND SALARIES: If earned during the cohabitation shall be owned in equal shares
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CIVIL LAW REVIEWER
PROPERTY ACQUIRED DURING COHABITATION THROUGH WORK AND INDUSTRY: Equal co-
ownership and are prima facie presumed to have obtained through their joint efforts.
- Fruits of the couple’s separate property are not included in the co-ownership
- During the cohabitation, Parties are prohibited from disposing inter vivos or encumbering their
respective shares in the co-owned property without the consent of the other.
- The validity of an encumbrance of the entire property made by one of the parties without the
other’s consent was UPHELD by SC with respect only to the share of the consenting co-owner.
- In this case, the encumbrance was made after the termination of the cohabitation
If one of the parties acted in bad faith, The share of the latter in the co-ownership shall be
forfeited in favor of:
1. Common children
2. Surviving descendants of the party in bad faith
3. Innocent party
PROPERTY REGIME UNDER 148

REQUISITES:
1. Incapacitated to marry each other or they do not live exclusively with each other as husband
and wife
2. Without the benefit of marriage or marriage is void.
- It refers to bigamous marriages, adulterous relationships, relationships in a state of concubine,

Multiple alliances of the same married man.
- Retroactive effect even if cohabitation commenced before FC
RULE ON DISTRIBUTION OF PROPERTIES:

A. WAGES AND SALARIES: Belong to him or her exclusively
B. PROPERTY ACQUIRED DURING COHABITATION: Only the properties acquitted by both of the
parties through their actual joint contribution of money, property and industry shall be owned
by them in common in proportion to their respective contributions.
- Mere Cohabitation without proof of contribution will not result in co-ownership

- The fact that the controverted property was titled in the name of the parties to an adulterous
relationship is not sufficient proof of co-ownership absent evidence of actual contribution
- Registration under torrens title merely confirms. It doe not vest title.
- The words “married to” are merely descriptive of the civil status of the registered owner and
such do not prove co-ownership under 148
- Property acquired by a man while living with a common law wife during the subsistence of his
marriage is conjugal property even when the property was titled in the name of the common
law wife.
- Constructive trust is deemed to have been created
- 148 is not applicable to same sex marriage.
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THE FAMILY
Family relations (EXCLUSIVE)

1. Husband and wife
2. Parents and children
3. Ascendants and descendants
4. Brothers and sisters whether full or half blood
Earnest efforts towards compromise - Suits between members of the family

- Condition precedent to the filing of the suit BETWEEN members of the same family.
- Failure to comply may be a ground for MD for lack of cause of action.
- But it may be raised in a MD or else deemed waived.
- Members of family - Family relations enumeration above. EXCLUSIVE
- Sister in law - Not part
FAMILY HOME - Dwelling place of a person and his family.
HOW CONSTITUTED:
1. If constructed before FC: Filing of verified petition
2. If constructed after FC: DEEMED CONSTITUTED from the time it is occupied as a family
residence.
- Exempted from execution from the time it was constituted and lasts as long as any of its
beneficiaries actually resides therein.
- It must belong to ACP/CPG or exclusively by one spouse provided that it must have the
consent of the other spouse.
- To be exempted, the value must not exceed certain amount as stated under the law
- If already existing upon effectivity of FC and was not constituted as Family home, IT WILL BE
CONSIDERED AS FAMILY HOMES BY OPERATION OF LAW and are prospectively entitled to the
benefits accorded to a family home.
- Occupancy of the family home must be ACTUAL by either the owner or by any of its
beneficiaries
- May include in laws. But excludes maids and overseers.
- It cannot be established on property held in co-ownership with third persons.

- Only one Family home per person
BENEFICIARIES:
1. Husband and wife or an unmarried person who is the head of the family
2. Parents, Ascendants, descendants, brothers and sisters whether legitimate or illegitimate who
are living in the family home and WHO DEPEND UPON THE HEAD OF THE FAMILY FOR LEGAL
SUPPORT.
- Partition is prohibited as long as there is a minor beneficiary living therein.
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PATRICIO VS DARIO: Grandson cannot demand support from his paternal grandmother because
the liability for his legal support falls primarily on his PARENTS. Thus, A GRANDSON is not a minor
beneficiary of his Grandmother if his father is alive.
BENEFITS OF FH:
1. Exempt from execution, forced sale or attachment
1. At the time of its constitution, the actual value shall not exceed the amount of 300k in
urban and 200k in rural
EXCEPTIONS:
1. Non payment of taxes
2. Debts incurred prior to the constitution of FH
3. Debts secured by mortgages on the premises before or after such constitution
4. Debts due to the laborer’s, mechanics, architects, builders, materialmen and others who have
rendered service for the construction of the building
- Exemption should be set up and proved to the sheriff by the debtor BEFORE THE SALE OF THE
PROPERTY AT THE PUBLIC AUCTION.
- Failure - waiver
EFFECT OF INCREASE IN ACTUAL VALUE OF FH:

1. By Involuntary improvement: Still exempted
2. Voluntary improvement: Article 160 will apply
PATERNITY AND FILIATION
PATERNITY FILIATION
Civil status of a father in relation to the child Civil status of a child in relation to his or her
parents
KINDS OF FILIATION:
1. Natural which includes artificial insemination
2. Adoption
Status of children:
1. Legitimate: Conceived or born during a valid marriage
2. Illegitimate: Conceived AND born outside of a valid marriage
EXCEPTIONS:
1. Children of void marriage under Psychological Incapacity and failure to comply with
registration are LEGITIMATE.
- Legitimated - As if legitimate
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Conceived of artificial insemination: Whether the sperm is that of the husband or that a donor,
the child is legitimate if:
1. Both husband and wife authorized or ratified such insemination in a written instrument
2. Such instrument is executed and signed before the child is born.
Surrogate mother: Law does not recognize validity - As of now contrary to law, morals and public
policy
PRESUMPTION OF LEGITIMACY: Applies if child’s parents were legally married and that his or her
conception or birth occurred during the subsistence of that marriage.
Husband and wife were separated in fact. During the separation de facto, Wife had an illicit
relationship with another man. Wife gave birth. Paramour died. Wife on behalf of the child filed
an action for compulsory recognition of the child by the paramour.
SC: The child is presumed to be legitimate for being conceived and born during the
couple’s valid marriage.
MOTHER CANNOT DECLARE AGAINST CHILD’S LEGITIMACY

- Applies only to a situation where the wife denies the paternity of the husband.
- Does not apply to a situation where a child is alleged not to be the child of nature or
biological child of the couple.
IMPUGNING CHILD’S LEGITIMACY

- ONLY FATHER MAY IMPUGN THE LEGITIMACY OF THE CHILD or the heirs in exceptional cases.
WHEN HEIRS MAY IMPUGN:

1. Husband dies before the expiration of the prescriptive period
2. Husband dies after the filing of the action without desisting
3. Child was born after the death of the husband
- Even if the mother is one of the heirs of the husband, she cannot impugn the child’s legitimacy
- But if the surviving wife is not the child’s mother - She may impugn
- A child cannot successfully maintain an action to claim illegitimate filiation against the
mother’s alleged paramour - TANTAMOUNT TO COLLATERAL ATTACK
- Legitimacy of the child can only be impugned upon the direct action brought for that
purpose.
- If the presumption of legitimacy is overthrown, the child cannot elect paternity of the husband
who successfully defeated the presumption.
- The child may now maintain an action to claim illegitimate filiation against his putative
father.
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CIVIL LAW REVIEWER
PRESCRIPTIVE PERIOD:
1 YEAR - From the knowledge of birth or recording of such birth in the civil register if husband or
any of the heirs RESIDES IN THE CITY OR MUNICIPALITY WHERE THE BIRTH TOOK PLACE OR
RECORDED
2 YEARS - From the knowledge of birth or recording of such birth in the civil register if husband or
any of the heirs DO NOT RESIDE IN THE CITY OR MUNICIPALITY WHERE THE BIRTH TOOK PLACE OR
RECORDED But all are not residing outside the PH
3 YEARS - If husband or all his heirs reside abroad.
- Applicable only if the action is to impugn legitimacy.

- If it is asserted that the child is not the child at all of the spouses, it does not apply.
- Upon expiration of period - Unassailable.
GROUNDS TO IMPUGN LEGITIMACY:

1. Physical impossibility to have sexual intercourse
A. Within the period of conception or within the first 120 days of the 300 days immediately
preceding the birth of the child.
REASONS:
1. Impotence
2. Fact that they are living separately and sexual intercourse was impossible
- This ground may take place when they reside in different countries and
provinces when they were never together during the period of conception or the husband was
in prison during the period of conception
3. Serious illness of husband which absolutely prevented sexual intercourse

- Tuberculosis in advanced stage does not make a person incapable.
2. Biological or scientific reasons

1. Estoppel in Artificial insemination - If father authorized and ratified
2. Blood testing - Conclusive on non paternity but inconclusive on paternity
3. DNA Testing - May not establish paternity or non paternity
3. Artificial insemination - Written authorization or ratification of either parent was obtained

through fraud, mistake, violence or intimidation.
- Legitimacy is not subject to collateral attack
EFFECT OF TERMINATION OF MARRIAGE AND REMARRIAGE OF MOTHER ON CHILD’S STATUS:

1. Applicability of Article 168:
REQUISITES:
1. Previous marriage is terminated
2. Mother contracted another marriage within 300 days after the termination of previous
marriage
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CIVIL LAW REVIEWER
3. Child is born within 300 days after the termination of previous marriage
RULES OF DETERMINING PATERNITY IN ABSENCE OF PROOF TO CONTRARY:

1. CHILD BELONGS TO FIRST MARRIAGE IF BORN (both must concur)
1. Before 180 days after the solemnization of the second marriage
2. Within 300 days after the termination of previous marriage
2. CHILD BELONGS TO SECOND MARRIAGE IF:

- Born after 180 days following the celebration of second marriage even if born within 300
days after the termination of marriage.
2. Applicability of Article 169

REQUISITES:
1. Previous marriage is terminated
2. Child is born after 300 days following such termination
3. There is no subsequent marriage at the time of the birth of the child because the child
becomes legitimate if born inside a valid marriage.
- Law does not fix the child’s status. Child’s status shall be proved by whoever alleges the same.
PATERNITY AND FILIATION

- There can be no compromise on the status and filiation of the child
- Compromise agreement intended to settle the question of petitioner’s status and filiation is
void.
ACTION TO CLAIM ILLEGITIMATE FILIATION:

- Established in the same manner as legitimate children
EXCEPT:
1. Open and continuous possession of status of an illegitimate child
2. Any other means by ROC and special laws
- both shall be brought during the lifetime of the putative father.
- FC has no distinction on whether the child is still a minor when the father dies.
- If still minors when FC took effect and putative parent died during their minority - They
were given 4 years from attaining of majority age to seek recognition
ACCEPTED PROOF OF FILIATION

1. Record of birth appearing in civil register or a final judgment (Birth cert)
- If father did not sign the birth certificate and it was merely the mother who placed his
name - NOT COMPETENT EVIDENCE
- When the putative father had a hand in the preparation of the birth certificate -
COMPETENT
- When birth certificate is signed by the father - competent. There is no further need to file
any action for acknowledgement because it is a consummated act
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CIVIL LAW REVIEWER
- Baptismal certificate is evidence only to prove the happening of the sacrament. It cannot
alone prove filiation
2. Admission in public and private handwritten instrument

REQUISITES:
1. There must be a statement of admission
2. Signed by the parent concerned
3. Admission made personally by the parent himself.
- Considered a consummated act.

- SSS form E1 by itself is sufficient proof of filiation as said document constitutes an admission of
legitimate filiation in a public document or private handwritten instrument signed by the
parent concerned.
- Notarial agreement to support a child whose filiation is admitted by putative father is
acceptable evidence
- Mere undertaking for support without admission - not acceptable
- Holographic will or notarial wills may establish filiation
If private handwritten on signature:

1. If it is LONE PIECE OF EVIDENCE: Strict compliance with the requirement that it must be signed
2. Accompanied by other evidence: Suffices that the claim of filiation be shown to have been
made and handwritten by the acknowledging parent as it is merely corroborative.
3. Open and continuous possession of status as legitimate or illegitimate child:

- There must be evidence of manifestation of the permanent intention of the father to
consider the child as his by continuous and clear manner
Continuous - uninterrupted or consistent but does not require particular length of time
- Singular occasion only - cannot be considered.

- Met the father 4 times - cannot be considered.
4. Any other means allowed by ROC
WHO CAN FILE: For legitimate and illegitimate

GR: Child claiming the filiation
EXC: Heirs can file in any of the following cases:
1. When child dies during minority
2. When child dies during the state of insanity
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CIVIL LAW REVIEWER
PRESCRIPTIVE PERIOD
LEGITIMATE FILIATION ILLEGITIMATE FILIATION
GR: Action may be filed during the lifetime of A. If claim is based on Admission of paternity or
the child. filiation in the birth certificate or written
instrument
EXC: When action is transmissible to the heirs, GR: Action may be filed during the lifetime of the
it must be filed WITHIN 5 YEARS from death of child and even after the death of the putative
child father.
EXC: When action is transmissible to the heirs, it

must be filed WITHIN 5 YEARS from death of
child
B. If action is based on Open and continuous

possession of status or any other means allowed
by ROC: Must be brought during the lifetime of
the father.
RIGHTS OF LEGITIMATE AND ILLEGIT:

1. Legitimate:
1. Use surname - Principally of the father
2. Right to receive support.
3. Successional rights - Legitime is 1/2 of the estate of father and mother
2. Illegitimate:
1. Right to use the surname of mother
UNLESS: Filiation has been expressly recognized through record of birth appearing
in birth certificate or when admission of paternity is made by the father in public document or
private handwritten instrument (MAY use the surname of his father. Illegitimate child’s option)
2. Parental authority of the mother but father may be entitled to visitation rights
3. Support
4. Successional rights - legitime is 1/2 of the legitime of the legitimate child
LEGITIMATION - Process provided under our law where the status of the child conceived and
born out of wedlock is improved by operation of law from the illegitimacy to that of legitimately
BY MERE SUBSEQUENT MARRIAGE OF PARENTS.
REQUISITES: (Below 18 parents, may be legitimated)

1. Child is conceived and born outside of wedlock
2. At the time of CONCEPTION of the child, parents were not disqualified by any legal
impediment or where disqualified only because either or both of them were below 18.
3. Subsequent marriage
4. Marriage is not void ab initio
- If marriage is simply voidable, it does not affect legitimation
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CIVIL LAW REVIEWER
- But if the ground is either Article 36/53, Child is still legitimate
EFFECTS:
1. Child becomes legitimate without need of any additional act on the part of the parents.
2. Retroacts to the time of the child’s birth. If child dies prior to the marriage of parents,
subsequent marriage shall benefit his descendants
- Only those prejudiced in their successional rights may impugn the results of the legitimation.
- Prescriptive period: 5 years from the time of death of either parent
- GROUND: Compliance of requisites of legitimation
ADOPTION
WHO MAY ADOPT (DOMESTIC ADOPTION)

1. ANY FILIPINO CITIZEN:
1. Legal age
2. Position to support and care
3. Good moral char
4. Full civil capacity
5. At least 16 years older than adoptee EXC: When adopter is biological parent
6. Not convicted of crime involving Moral turpitude
- PARDON WOULD NOT ERASE THE DISQUALIFICATION.
7. Emotionally capable.
2. ANY ALIEN
1. Same qualification as filipino
2. Diplomatic relations of his country
3. Certified that his government allowed the adoptee to enter his country as his adopted
child
4. Living in PH for at least 2 continuous years prior to the application and maintains such
residence until adoption decree is entered
- Temporary absences for professional business or emergency reasons NOT EXCEEDING 60
DAYS IN 1 YEAR shall not break the continuity
5. Legal capacity to adopt certified by their consular office
3. ANY GUARDIAN:
1. After termination of the guardianship with respect to his ward
2. Clearance of his or her financial accountabilities
NO RESIDENCY REQUIREMENTS IF:

1. A former filipino citizen seeking to adopt a relative within 4 degree of C/A
2. Seeks to adopt the legitimate child of his or her filipino spouse
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CIVIL LAW REVIEWER
3. One who is married to a filipino cit and seeks to adopt jointly a relative within 4th civil degree
of C/A of the filipino spouse.
- Foreign adoptee does not automatically acquire citizenship
GR: Husband and wife shall jointly adopt

EXC:
1. One spouse seeks to adopt the legitimate child of the other spouse
2. One spouse seeks to adopt his or her own illegitimate child with the consent of the other
spouse.
3. Spouses are legally separated.
WHO MAY BE ADOPTED:

1. Child whose biological or adoptive parents have died
- NO PROCEEDING SHALL BE INITIATED WITHIN 6 MONTHS FROM THE TIME OF DEATH OF
SAID PARENTS.
2. Child voluntarily committed to DSWD or legally declared available for adoption
3. Child whose adoption previously rescinded
4. Illegitimate child to improve statues
5. Legitimate child of other spouse
6. Person of legal age who prior to the adoption has been consistently considered by the
adopter as his or her own SINCE MINORITY
AFFIDAVIT OF CONSENT REQUIRED:

1. Adoptee is 10 years or over
2. Biological parents or legal guardian or the child placement agency, child caring agency or
proper government instrumentality (EXCEPT IF THE CHILD WAS ABANDONED BY BP, NO NEED)
3. Legitimate and adopted children of the adopter and of the adoptee who are 10 years of
age or over
4. Illegitimate children of adopter if living with them who are 10 years or over
5. Spouse
- Consent is necessary in these cases to make the adoption valid.
INTERCOUNTRY ADOPTION:
- Adoption of legally free FILIPINO CHILD in a foreign country
WHERE TO FILE:
1. INTERCOUNTRY ADOPTION BOARD (ICAB)
2. In case of foreign nationals who file petition for adoption in PH - In RTC and shall be
transmitted to the ICAB
WHO MAY ADOPT:

- Any foreign national or Filipino Citizen permanently residing abroad who has the qualifications
and none of the disqualifications
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CIVIL LAW REVIEWER
QUALIFICATIONS:
1. Jointly file if married.
2. At least 27 years old and at least 16 years older than the child at the time of the application
UNLES:
1. Natural parent
2. Spouse of such parent by nature
3. Capacity to act and assume all rights under his national law
4. Not convicted of a crime involving moral turpitude
5. Eligible to adopt under his national laws
6. Agrees to uphold rights under UN Convention and PH laws
7. Country with diplomatic relations with PH
8. Position to provide for care and support
9. None of the Disqualification
WHO MAY BE ADOPTED:

- Any child who has been voluntarily or involuntarily committed to DSWD.
- Provided that if voluntarily committed, The physical transfer shall not be made earlier than 6
months from the date of execution of deed of voluntary commitment.
- This shall not be applied to children with special medical conditions
CHILD - Under 15
- Certification that child is legally available for adoption - entirely administrative

- When the adopter dies during the time the adopted is still a minor or incapacitated, The
parental authority if the biological parent IS DEEMED TO HAVE BEEN RESTORED.
- Adoption is personal relationship between the adopted and adopter.
- Adopted remains an intestate heir of his biological parents
- Biological parents retain their right of succession to the estate of the adopted child
- There is no law prohibiting an illegitimate child adopted by her natural father to use as middle
name the mother’s surname.
GR: Retroactive effect to the date of the original filing of petition.

EXC: No retroactive effect for the purpose of imposing liability upon the adopting parents
accruing at a time when adopting parents had no actual or physical custody over the adopted
child.
WHO SHALL FILE RESCISSION:

1. Adoptee over 18
2. If still minor, With the assistance of the DSWD
3. Guardian or counsel if over 18 but incapacitated.
GROUNDS:
1. Repeated physical violence and verbal maltreatment by the adopter despite counseling
2. Attempt of the life of the adoptee
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3. Sexual assault or violence

4. Abandonment or failure to comply with the parental obligations
Prescriptive period:
- If incapacitated - Within 5 years after the adopted reaches age of majority
- If incompetent - Within 5 years after recovery from incompetency
Presumption of Illegal Adoption

1. Consent for adoption was acquired through or attended by coercion, fraud, improper
material inducement
2. Procedures and safeguards provided by law for adoption were not complied with
3. Has exposed or subjected the child to be adopted to danger, abuse or exploitation
4. No authority to effect adoption from the Board
SUPPORT
- Provided by law comprising everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation
WHO ARE OBLIGED TO SUPPORT EACH OTHER:

1. Spouses - Must be legitimate
2. Legitimate ascendants and descendants
3. Parents and their children whether leg/illeg
4. Legitimate brothers and sisters
5. Legitimate Brothers and sisters whether full or half blood
6. Illegitimate Brothers and sisters
EXCEPTION: Right to support ceased when thee need for support of brother or sister of
legal age is due to cause imputable to claimant’s fault or negligence
- Liability to give support to their legitimate grand children is activated upon:

1. Default of parental authority either by termination or suspension
2. Inability to provide sufficient support
Properties answerable for support:

1. ACP/CPG:
1. Spouses
2. Common children
3. Legitimate children of either spouse
2. Separate:
1. Illegitimate
2. Legitimate ascendants
3. Descendants, whether legitimate or illegitimate
4. Brothers and sisters whether leg/illeg
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CIVIL LAW REVIEWER
ORDER OF LIABILITY FOR SUPPORT (WHEN TWO OR MORE PERSONS ARE OBLIGED TO GIVE SUPPORT)
1. Spouses
2. Descendants in the nearest degree
3. Ascendants in the nearest degree
4. Brothers and sisters
- Order should be followed.

- Grandchildren cannot likewise demand support directly from Grandparents if they have
parents who are capable of supporting them.
- Amount of support shall be proportion to means of giver and necessities of recipient
- Any judgment granting support never becomes final
- Support is demandable from the time the person who has right to receive support NEEDS IT. But
it shall not be paid except from the date of judicial or extrajudicial demand.
- Payment must be made within first five days of the month
MANNER OF PAYMENT:
1. By paying the allowance fixed
2. By receiving or maintaining in the family dwelling the person who has a right to receive
support.
- Not available when the spouse is entitled to separate maintenance or is justified to live
separately.
- If dangerous to the life of other spouse, Illicit relationships, strained relationship
Characteristics of Support (Art. 194)

1. Mandatory
2. Reciprocal on the part of those who are by law bound to support each other
3. Personal
4. Provisional character of support judgment
5. Personal
6. Intransmissible
7. Not subject to waiver or compensation
8. Exempt from attachment or execution
Support by a stranger; when reimbursable (Under Art. 206)

1. Stranger gives support to another person with the intention to be reimbursed
2. Person obliged to give support to the recipient does not have knowledge of the
stranger’s act
Support by a stranger; when reimbursable (Under Art. 207)

1. There is an urgent need to be supported on the part of the recipient
2. A third person furnishes the support to the needy individual
3. The person obliged to support unjustly refuses or fails to give support
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PARENTAL AUTHORITY - Mass of rights and obligations which parents have in relation to the
person and property of their children until the latter reaches the age of majority
OVER WHOM EXERCISED:

GR: Unemancipated minor
EXC: (there is still parental authority even if not minor)
1. Marriage of party 18-21 where parental consent is necessary
2. Marriage settlement of party below 21
3. Deep pocket rule - Parents shall continue to be vicariously liable for quasi delict committed by
their children at least 18 but below 21 who are living in their company
RENUNCIATION AND TRANSFER:

GR: Cannot be renounced
EXC:
1. Adoption
2. Guardianship
3. Commitment of child to DSWD
4. Foster care
- Mere substitute parental authority
PARENTAL PREFERENCE RULE - Parents are placed first in rank in matters of parental authority.
- In case of death, absence or unsuitability of either parent, the parent present or suitable
shall continue to exercise parental authority
- Remarriage of the surviving spouse shall not affect the parental authority unless court appoints
another person
RULE ON JOINT EXERCISE OF PARENTAL AUTHORITY - Father and mother shall jointly exercise. In
case of disagreement, father’s decision shall prevail
- If child is illegitimate - Only mother has parental authority

- If separation of parents - Parental authority shall be designated by the court.
TENDER AGE DOCTRINE - No child under seven years of age shall be separated from the mother
unless the court finds compelling reasons to order otherwise.
- Mandatory. Any agreement to contrary is void
- If over seven, Agreement providing joint custody is valid. Parents may agree
COMPELLING REASONS:
Neglect, abandonment, Unemployment and immorality, habitual drunkenness, drug addiction,
maltreatment, insanity
- But mere fact that the mother is lesbian is not a compelling reason
- Not even the fact that the mother is prostate or unfaithful to husband - NOT COMPELLING
REASON
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CIVIL LAW REVIEWER
- It must clearly establish that moral lapses have had an adverse effect on the welfare of the
child
- THESE RULES APPLY IF THE CHILD IS NOT ILLEGITIMATE. If illegitimate - MOTHER ONLY
Visitation rights - Only when there is parent child relationship
SUBSTITUTE PARENTAL AUTHORITY - Person designated by law may exercise over the persons and
property of unemancipated children in case of:
1. DEATH
2. ABSENCE
3. UNSUITABILITY
of both parents or in default of a judicially appointed guardian.
- It is not possible to co exist with parent’s parental authority.
ORDER OF SUBSTITUTE PARENTAL AUTHORITY

1. Surviving Grandparent
2. Oldest brother or sister over 21
3. Child’s custodian over 21
4. In case of foundling, abandoned, neglected - Heads of orphanages or similar institutions
- Corporal punishment upon the child in foster case is a ground for revocation of the foster
family care license
SPECIAL PARENTAL AUTHORITY - Limited only if under their supervision, instruction or custody.
- May co exist with parental authority
SCOPE: All authorized activities, whether inside or outside the premises of the school
WHO MAY EXERCISE:

1. School
2. Administrators
3. Teachers
4. Individual, entity or institution engaged in child care.
PRIMARILY LIABLE if unemancipated minor causes damage to another while under special
parental authority
SUBSIDIARILY LIABLE: Parents
DEFENSE: If it is proved that they exercised the proper diligence required under the particular
circumstance
- Obligation of parents to provide support is not coterminous with the exercise of parental
authority
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CIVIL LAW REVIEWER
- Parents and guardians are liable for the civil liability for the crime committed by a child below
18 with or without discernment.
- Parents as legal guardians do not have the power to dispose or encumber the property of
their children. Such power is granted by law only to a judicial guardian with court’s prior
approval
SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY

1. Death of parents or child
2. Emancipation
3. Adoption
4. Appointment as general guardian
5. Judicial declaration of abandonment
6. Final judgment divesting the party concerned of parental authority
GROUNDS FOR SUSPENSION:

1. Civil interdiction
2. Treating the child with excessive harshness
3. Giving the child corrupting orders
4. Compelling to beg
5. Subjecting the child to lascivious acts
- In civil interdiction suspension if automatic and reinstatement is also automatic
EMANCIPATION OF MINOR: Commences at the age of 18
EFFECTS OF EMANCIPATION:
1. Termination of parental authority
2. Child becomes qualified and responsible for all acts of civil life
EXCEPTIONS:
1. Marriage below 21 - Parental consent
2. Entering marriage settlement if below 21
3. Below 25 - Parental advice
4. Deep pocket rule
FUNERALS
WHO HAS THE DUTY TO MAKE FUNERAL ARRANGEMENTS:
1. Spouse
2. Descendants of nearest degree
3. Ascendants in the nearest degree
4. Brothers and sisters
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CIVIL LAW REVIEWER
In case of concurrence:
- In descendants - oldest shall be preferred
- In Bro-sis - Oldest shall be preferred
- In ascendant - Paternal side shall be preferred.
- Law confines the right to make funeral arrangements to the members of the family
- Common law wife does not have the right
HOW FUNERALS BE MADE:

1. Wishes of the deceased
2. In absence, Deceased religious beliefs
3. In case of doubt, It shall be decided by the person obliged to make arrangements.
- Wishes are subject to the right and duty to make proper arrangements. Wish cannot prevail
over the right and duty of loved one to arrange
- There can be no retention, interment, disposition or exhumation of human remains without the
consent of those who have the right to such arrangement
USE OF SURNAME
- The given name may be freely selected by the parents but Surname is fixed by the law.
- There is no law regulating the use of middle name. FC recognizes the filipino custom of adding
the surname of the child’s mother as hid middle name.
- No dropping of middle name if no reasonable justification
SURNAME OF LEGITIMATE: Principally use the surname of the father.

-PRINCIPALLY - Not equivalent to exclusively. A legitimate may chose to use the surname
of his mother to which he is equally entitled.
SURNAME OF ILLEGITIMATE: Illegitimate has the right to decide
- Illegitimate chid was allowed to change the surname of his father who failed to recognize him.
Surname of Married woman, She may use:

1. Maiden first name and surname and add her husband’s surname
2. Her maiden first name and her husband’s surname
3. Her husband’s full name but prefixing a word indicating that she is the wife
IN CASE OF LEGAL SEPARATION: The wife SHALL continue using her name and surname
employed before the legal separation.
IN CASE OF ANNULMENT
1. If the wife is guilty party, She SHALL resume her maiden name
2. If innocent, She MAY resume her maiden name and surname
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CIVIL LAW REVIEWER
- Upon termination of the marriage either by death or divorce or annulment, the woman is not
required to seek judicial confirmation of civil status
ABSENCE
- Special legal status of one who is not in his domicile, his whereabouts being unknown and it is
uncertain whether he is alive or dead.
THREE STAGES OF ABSENCE:

1. Provisional absence 
REQUISITES:
1. Absentee should have disappeared from his domicile
2. Whereabouts are unknown
3. He did not leave any agent to administer
4. Appointment of a representative is urgent or necessary
2. Declared absence
1. Absence should have disappeared from his domicile
2. Whereabouts are not known
3. Absent without any news for:
1. 2 years if nobody was left to administer
2. 5 years if somebody is left to administer
3. Presumptive death
- No need for judicial declaration of absence if there are no properties
- Only for the purpose of remarriage
PRESUMPTION OF DEATH:
1. Presumed dead under ordinary circumstances:
1. For purposes of remarriage - 4 consecutive years or 2 years if presence of
circumstances
2. For purposes of opening his succession:
1. 10 years
2. 5 years - If disappeared after 75 years
3. For all other purposes - Absence of 7 years
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CIVIL LAW REVIEWER
PROPERTY
Requisites of Property
1. Utility – capacity to satisfy some human wants.
2. Substantivity or individuality – quality of having existence apart from any other thing
3. Appropriability – susceptibility of being possessed by men
REAL PROPERTY:
1. Lands, buildings, roads and constructions of all kinds adhered to the soil.
2. Trees, plants and growing fruits while attached to the land or forming an integral part of an
immovable.
3. Everything attached to an immovable in a fixed manner, in such a way that it cannot be
separated therefrom without breaking the material or deterioration of the object.
4. Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or
lands BY THE OWNER of the immovable in such manner that it reveals the intention to attach
them permanently to the tenements.
5. Machinery, receptacles, instruments or implements intended by the owner of the tenement
for an industry or works which may be carried on in a building or on a piece of land and which
tend directly to meet the needs of the said industry or works.
6. Animal houses, pigeon houses, beehives, fishponds or breeding places in case their owner has
placed them or preserves them with the intention to have them permanently attached to the
land and forming permanent part of it and the animals in these places are included
7. Fertilizer actually used
8. Mines, quarries and slug dumps while the matter thereof forms part of the bed and waters
9. Docks and structures
10.Contracts of public works and servitors and other real rights over immovable property.
Kinds of immovable:
1. Immovable by nature
2. Immovable by incorporation - by reason of attachment
3. Immovable by destination - Essentially movable but by the purpose for which they have been
placed in an immovable partake of the nature of the latter because of added utility
4. Immovable by analogy
BUILDINGS
- If merely superimposed- MOVABLE
- It is distinct from the land. It may be separately mortgaged
- It is immovable by incorporation
- Once demolished, it ceases to be an immovable.
- Immovable irrespective of the owner of land and building itself.
- Principle of estoppel - Building may be treated as movable by parties. Parties are barred from
questioning the validity of the agreement.
- Such is not applied to strangers to the said contract.
- Register of deeds may not refuse to the registration of chattel mortgage. It is purely
ministerial in nature
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CIVIL LAW REVIEWER
- Steel towers - Movable because removable and may be easily dismantled.
TREES, PLANTS
- By reason of incorporation
- If trees are cut or uprooted they become movable
- EXCEPT When the timber constitutes the natural product of the tenement
- Growing fruits are considered as immovable as long as attached to the soil

- EXC: Ungathered fruits may be considered personal property for the purpose of sale of
the whole or part of the crops
EVERYTHING ATTACHED TO THE IMMOVABLE IN A FIXED MANNER

Requisites:
1. Placed in a fixed manner in another immovable
2. Cannot be separated without breaking the material or deterioration of the object
- Principle of estoppel applies
STATUES, ORNAMENTS
REQUISITES
1. It is an object of ornamentation or object of use
2. The property is placed on a building or land
3. Placed by the owner of the immovable
4. There is an intention of permanent annexation or attachment, even if adherence will not
involve breakage or injury
Validity of authority to detach at any time after the grantor’s death any organ, part or parts of his
body and to utilize the same for medical, surgical or scientific purposes
1. It must be in writing
2. It must specify the person or institution granted the authorization, the organ, part or parts
to be detached, the use or uses of the organ, part or parts to be employed
3. It must be signed by the grantor and two disinterested witnesses
When real property may be the object of a chattel mortgage

1. The parties to the contract so agrees
2. No innocent third parties will be prejudiced
Machinery, receptacles, instruments, or implements for an industry or works as real properties

1. Placed by the owner of the tenement or his agent
2. The industry or works must be carried on in a building or on a piece of land
3. The machinery etc. must tend directly to meet the needs of the industry or works
4. Machineries must be an essential and principal element of an industry or works, without
which such industry or works would be unable to function or carry on the industrial
purpose for which it was established, and not merely incidental
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CIVIL LAW REVIEWER
- Estoppel also applies.
Animal houses, pigeon houses, beehives, fish ponds or breeding places of similar nature
1. Placed by the owner, or by a tenant as agent of the owner, with the intention of
permanent attachment
2. Forms a permanent part of the immovable
DOCKS AND STRUCTURES

- Power barges where considered as immovable.
IMMOVABLE BY ANALOGY
- Real rights - Depend on its subject matter. If the subject matter of the real right is a real
property then such real right is a real property.
MOVABLE PROPERTY
- All things susceptible of appropriation which can be transported from place to place without
impairment of the real property to which they are fixed and are not included in the
enumeration in Article 415.
- Business is classified as personal property
- Forces of nature which are brought under control by science such as gas and electricity are
movable properties.
CONSUMABLE NON CONSUMABLE
Cannot be used in a manner appropriate to its Can be used without being consumed.
nature without itself being consumed
FUNGIBLE NON FUNGIBLE
May be replaced by another of the same kind Cannot be replaced by another of the same kind
Money
CONSUMABLE - Nature FUNGIBLE - Intention
PROPERTY RELATION TO THE PERSON TO WHOM IT BELONGS

1. Private ownership
2. Public Dominion
PROPERTIES OF PRIVATE OWNERSHIP:

1. Patrimonial property
2. Properties belonging to private persons
PROPERTY OF PUBLIC DOMINION OF THE STATE:

1. Public use
2. Public Service
3. Development of the national wealth
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CIVIL LAW REVIEWER
PUBLIC DOMINION
- A special collective ownership for the general use and enjoyment
- Public ownership
- The latter cannot be object of commerce unless they are properly converted into patrimonial
properties
- Any sale, disposition, encumbrance is void being contrary to public policy.
- They cannot be leased or be the subject matter of contracts.
- Held by the state by regalian right
REGALIAN DOCTRINE (JURE REGALIA) - All lands of the public domain, waters, minerals, coal
petroleum and other mineral oils, all forces of potential energy, fisheries, forest or timber, wildlife,
flora and fauna and other natural resources are owned by the state
- Totally outside the commerce of man but the constitution allows the state to enter into
coproduction, joint venture or production sharing agreements with private individuals
- In order to be classified as property of public dominion, an intention to devote it to public use

or public service is sufficient and it is not necessary that it must actually be used as such.
PUBLIC DOMINION FOR PUBLIC USE

- Roads, Canals, Rivers, Torrents, Ports, Bridges constructed by the state.
- Canals constructed by private persons - private ownership
- Accretions on river banks belong to the owner of the lands adjoining the banks
- MIAA is public dominion for public use. The fact that they collect terminal fees and other
charges does not change its character.
- Manila bay - Shore.
- Laguna de bay - Lake
- Foreshore lands are part of public dominion
- To qualify as foreshore land, it must be shown that the land lies between the high and
low water marks and is alternately wet and dry according to the flow of the tide
- Lot was not considered as foreshore because it was not proven that the lot was
covered by water during high tide.
- Where it is clearly proven that the disputed land remained dry even during high tide,
the game is PRIVATE LAND
- Military reservation for public use shall remain as public domain lands until they are actually
disposed of in favor of private person. Sale of such land is VOID.
- It may not be subject of a contract or of a compromise agreement
- To be subject to sale, lands of the public domain shall be first withdrawn by act of
congress or president from the public use for which it has been reserved or otherwise
declared as patrimonial property.
- It is not converted into patrimonial or private property by mere possession and
occupation by an individual
- Bureau of public works turned over to NHA a completed water works system. NHS in turn
turned over the same to GEMASCO.
- Still public domain. FOR PUBLIC USE.
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CIVIL LAW REVIEWER
- Reclaimed lands are properties of public dominion. The fact that alienable lands of the public
domain were transferred to the public estates authority and issued land patents or certificates
in PEA’s name did not automatically make such lands private.
- THERE MUST BE AN ACT OF CONGRESS OR PRESIDENT withdrawing such for public use.
PUBLIC DOMAIN FOR PUBLIC SERVICE AND FOR DEVELOPMENT OF NATIONAL WEALTH
Roppongi property which under the reparations agreement was specifically designated to
house the philippine embassy is for public service
For development of national wealth - Mineral lands, forest, timber lands.
- Whether or not land of public dominion is alienable and disposable land primarily rests on the
classification of public lands made under constitution.
- Only agricultural lands of the public domain may be alienated.
ALIENABLE AND DISPOSABLE LANDS

A. Patrimonial lands
B. Public domain but only agricultural
- But until the executive or congress exercises its prerogative to classify or reclassify lands
or declares that the state no longer intends the land to be used for public service or
development of national wealth, IT IS STILL PUBLIC DOMINION
HEIRS OF MALABANAN
- Lands of public domain whether declared alienable and disposable are property of public
dominion and thus insusceptible to acquisition by prescription.
- Although classified as alienable and disposable, it remains property of the public dominion if
when it is intended for some public service of development of national wealth.
- THERE MUST BE AN EXPRESS DECLARATION BY THE STATE that the public dominion is no longer
intended for public service or development of the national wealth.
- It is only until this time that the period of acquisitive prescription can begin to run.
- BCDA law expressly makes the reservation that the lands or to be sold in order to raise funds
for the conversion of former American bases at clark and subic. Such purpose CAN BE TIED TO
EITHER PUBLIC SERVICE OR DEVELOPMENT OF NATIONAL WEALTH.
- Thus such land remains PUBLIC DOMINION
- Lands that are not clearly under private ownership are also presumed to belong to the state
- Agricultural lands of the public domain are rendered alienable and disposable through any of
the exclusive modes enumerated under section 11 of the Public Land act.
PATRIMONIAL PROPERTY OF THE STATE - All other property of the state which is not of the
character stated in Article 420
- PRIVATE PROPERTY OF THE GOVERNMENT
- Friar lands are patrimonial
- Those declared no longer intended for public use are also patrimonial
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CIVIL LAW REVIEWER
- Patrimonial property may be acquired through prescription
REQUISITES IN ORDER TO BECOME A PATRIMONIAL PROPERTY FROM PUBLIC DOMAIN

1. Affirmative act of the congress or executive reclassifying such property as no longer intended
for public use or development of national wealth
2. Clear, definite and based on correct legal premise.
(Heirs of malabanan case)
PROPERTY OF POLITICAL SUBDIVISIONS

- Determined by the character of the use or service for which they are intended or devoted
- PROPERTIES INTENDED FOR PUBLIC USE OR PUBLIC SERVICE - PUBLIC DOMAIN.
- Whether reclaimed lands transferred to a public or municipal corporation are public in nature
or patrimonial depends upon the legislative intent.
OWNERSHIP
- Independent right of exclusive enjoyment and control of the thing for the purpose of deriving
therefrom all advantages required by the reasonable needs of the owner and promotion of
general welfare but subject to restriction of law
Attributes of ownership
1. Jus possidendi – right to possess
2. Jus utendi – right to use
3. Jus fruendi – right to enjoy the fruits
4. Jus accessiones – right to accessories
5. Jus abutendi – right to abuse
6. Jus disponendi – right to destroy, alienate, transform, encumber, and right not to dispose
7. Jus vindicandi
Requisites in an action to recover (Art. 434 NCC)

1. Proof of identity of property
2. Proof of title
- It must resort to judicial processes.

- EXCEPT DOCTRINE OF SELF HELP: May be exercised on the actual invasion
ACCTION INTERDICTAL ACCTION PUBLICIANA ACCION REINVIDICATORIA
Ordinary civil proceeding to Filed after the expiration of one Action for the recovery of
determine the better right go year from the unlawful possession of the real property
possession of realty withholding of possession. as an element of ownership
independently of title
Forcible entry and Unlawful

detainer
- There is a need to prove prior physical possession in Forcible entry
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CIVIL LAW REVIEWER
- Demand is jurisdictional in Unlawful detainer.
Principle of self- help (Art. 429)

1. Reasonable force
2. Owner or lawful possessor is the person who will exercise
3. Actual or threatened physical invasion or usurpation
4. No delay in one’s exercise (at the time of an actual or threatened dispossession, or
immediately after the dispossession. Once a delay has taken place, even if excusable,
the owner or lawful possessor must resort to judicial process for the recovery of the
property)
Doctrine of incomplete privilege or State of necessity; Basis of reimbursement (Art. 432)

1. Interference necessary to avert an imminent and threatened danger to the actor or a
third person
2. Damage to another is much greater than damage to property
RIGHT TO SURFACE, SUB-SURFACE AND AIRSPACE

- Airspace - above it up to a reasonable height.
- Rights subject to the limitations:
1. Easements
2. Special laws
3. Ordinances
4. Reasonable requirements of aerial navigation
- No proprietor shall make excavations upon his land as to deprive any adjacent land or
building of sufficient lateral or subjacent support
- Rights over lands are indivisible and requires a definitive and categorical classification.
- A land cannot be classified as half agricultural and half mineral
- There is no legal basis to separate the value of the excavated soil from the excavated
properties. The soil has no value separate from the expropriated land and just compensation
ordinarily refers to the value of the land to compensate for what owner actually loses.
- When a landowner cannot dig upon his property motorized deep wells and was prevented
from doing so by the authorities because of the construction and existence of tunnels
underneath the surface of his property constructed by NAPOCOR without his knowledge, the
latter is entitled to recover full compensation
- For airspace - he has exclusive control of the immediate reaches of the enveloping
atmosphere.
- Repeated flights at low levels directly over private land may amount to a taking for
which just compensation must be paid.
When a property is considered a Hidden treasure

1. Hidden and unknown deposit
2. Consists of money, jewelry or other precious objects
3. Their lawful owner does not appear
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CIVIL LAW REVIEWER
- In case of natural resources such as Gold mines, diamond mines, oil deposits, the regalian
doctrine applies.
- The regalian doctrine reserves to the state all natural wealth that may be found in the
bowels of the earth even if the land where the discovery is made be private
RULE ON HIDDEN TREASURE:

1. FINDER IS OWNER OF THE PROPERTY - All his
2. FINDER IS TRESPASSER - All to owner of property
3. FINDER IS THIRD PERSON WHO IS NOT A TRESPASSER WHO GOT IT BY CHANCE - 1/2 to finder and
1/2 to owner of property
RULE IN TREASURE HUNTING (There must be a permit to NHC or DENR) - Deliberate

1. WITHIN PUBLIC LANDS - 75% to Gov and 25% to permit holder
2. PRIVATE LANDS - 30% to government and 70% to permit holder and Land owner
3. Shipwreck or sunken vessel - 50 - 50
ACCESSION - Right of the owner of a thing to become the owner of everything that is produced
thereby or which may be inseparably attached or incorporated thereto, either naturally or
artificially
KINDS:
1. Accession Discreta - Right of the owner of a property to whatever is produced thereby or to
the fruits of the same
2. Accession Continua - Takes place when the property of another is incorporated to ours or the
right to acquire whatever is attached or incorporated naturally or artificially to things
ACCESSION DISCRETA
- To the owner of the thing belongs natural, civil and industrial fruits
EXCEPTIONS:
1. Usufruct - Usufructuary is entitled and not the owner
2. Lease of rural land
3. Antichresis - creditor acquires the right to receive the fruits of an immovable
4. Possessor in good faith is entitled to the fruits received by him before the possession is legally
interrupted.
5. Fruits naturally falling upon adjacent land belong to the owner of the said land
NATURAL FRUITS:
1. Spontaneous products of the soil without intervention of human labor.
2. Young and other products of animals
- If the young or offspring is a product of different owners, the young belongs to the owner of
the female parent in the absence of any agreement.
INDUSTRIAL FRUITS - Produced by lands of any kind through cultivation or labor.

- Coffee beans, mango fruits in mango plantation, etc
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CIVIL LAW REVIEWER
CIVIL FRUITS - Rents of buildings, price of leases
EXPENSES FOR PRODUCTION, GATHERING AND PRESERVATION OF THE FRUITS:

- Recipient of the fruits was not the same person who incurred the expenses in connection with
its production, gathering and preservation
- Recipient has the obligation to pay the expenses made by third person whether in GF or BF
- Applies only when already harvested
ACCESSION CONTINUA
- May refer to immovable or movable
- The union or attachment or the incorporation of two or more things belonging to different
owners to each other or to one another must be such that they cannot be separated from
each other without causing SUBSTANTIAL damage to anyone.
- If it may be separated without damage, there is no accession
- Accessory follows the principal
- GF exonerates a person from liability
- BF of both neutralizes it - as if GF
THREE SCENARIOS IN INDUSTRIAL ACCESSION:

1. BPS on one’s own land with materials belonging to another
2. BPS with one’s own materials on the land of another
3. BPS on the land of another with materials belonging to third person
# 1 BPS on one’s own land with materials belonging to another
LANDOWNER WHO IS THE BPS Owner of material
GOOD FAITH GOOD FAITH
LO shall have the right to acquire building after 1. OM has the right to remove materials if without
paying indemnity for the value of the materials injury to work
2. or May receive indemnity for the value of

materials
BAD FAITH GOOD FAITH
The right to acquire the materials after paying 1. Right to remove IN ANY EVENT (Even with
the value of materials and indemnity for injury)
damages but subject to the preferred right of 2. Be indemnified for damages

OM to remove
GOOD FAITH BAD FAITH
Acquire the materials without paying indemnity Lose the materials without right to be indemnified
BAD FAITH BAD FAITH
NEUTRALIZED. AS IF BOTH IN GF
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CIVIL LAW REVIEWER
MEANING OF GOOD FAITH - If he made use of the materials belong to OM thinking that the
materials were his. He discovered that the materials were not his after he made use of them.
- If there is co-ownership, rule shall not apply

- If lessee, usufructuary or trustee - Not applied
EXCEPTIONS:
1. Despite having been built at the time he was a co-owner and overlapped with another land
2. Good faith because of reliance on the consent of another whom they had mistakenly
believed to the the owner
3. Parents who owned the land allowed son to build their residence and business. Their
occupation was not by mere tolerance but upon invitation
#2 BPS with one’s own materials on the land of another
LAND OWNER (LO) BPS
Option to: In case LO exercises,
1. Sell the land BPS has right to retain until indemnity is paid and
2. Collect rent from BPS unless the value of the cannot be required to pay rent
land is considerably greater than the building

- If LAND > Building - Shall pay rent BUT the owner of the land is prohibited from
3. Acquire improvements after paying offsetting the necessary and useful expenses with
indemnity the fruits received by the possessor in good faith.
THE CHOICE BELONGS TO LANDOWNER. BPS

can compel the LO to make a choice.
He cannot compel the owner of the building to
immediately remove the building
Option to: 1. Lose the improvements and plants without a

1. Acquire the improvements without paying right to be indemnified
indemnity and collect damages 2. Recover necessary expenses for preservation

2. Sell the land to BPS or rent it and collect of land
damages 3. Pay damages

3. Order demolition of work or restoration to
former condition and collect damages
LO must identify BPS for the improvements 1. Preferred right to remove the improvement IN
and pay damages ANY EVENT
Cannot compel BPS to buy land 2. Indemnified for damages

BAD FAITH BAD FAITH
NEUTRALIZED. AS IF BOTH IN GF
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CIVIL LAW REVIEWER
Concept of Builder in good faith - He believes that he is the owner of the land or that by some
title he has the right to build thereon.
- It does not apply to a merely holder such as Tenant, Agent or usufructuary.
- It is essential that a person asserts title to the land on which he builds.
FOLLOWING ARE NOT BUILDER IN GF

1. Buyers relieved on a forged SPA which did not indicate the owner’s CTC relying solely on such
document without any further investigation.
2. Built a land despite the proclamation of unconstitutionality of a law which he derived his title.
3. Occupation by mere tolerance - because it may be terminated at any time
BUT IN ROSALES CASE: Lot 16 was purchased but geodetic engineer pointed Lot 17. Builder in GF
because they were not aware of the error committed by Geodetic engineer.
EXPANDED DEFINITION OF GOOD FAITH:

1. Builders knew that they were not the owners of the land but they constructed improvements
on the land of another WITH THE CONSENT OF THE OWNER. (DEPED CASE)
2. When owners KNEW AND APPROVED the construction - GOOD FAITH
3. The parents who owned the land allowed their son to build a residence. Their occupation was
not by mere tolerance
- SC: As owners of the property, the parents have the right to possession over it but it must
reimburse their son and wife for the improvements they had introduced for they acted in GF.
4. A party could be presumed to have consented to the improvements being constructed
because being a subdivision developer, it must have given the respondent permits to
commence and undertake construction.
DEPED Vs Casibang - The court considered the DEPED builder in GF despite being a mere
possessor by tolerance because the landowner permitted the construction of the building and
improvements to conduct classes in his property.
- Art 448 does not apply in Sale with right of redemption or when BSP loses ownership by
donation.
- The introduction of valuable improvements on the leased premises does not give the lessee
the right of retention and reimbursement.
- Lessor has the option upon the termination of the lease contract to either:
1. Appropriate the useful improvements by paying 1/2 of their value at the time
2. Allow the lessee to remove the improvements.
- Should the lessor refuse to reimburse the said amount, the lessee may remove the
improvements even though the principal thing may suffer damage.
- IT IS THE ONLY INSTANCE WHERE THE LAW ALLOWS THE EXERCISE OF RIGHT OF REMOTION
EVEN IF REMOVAL WILL CAUSE INJURY TO THE PRINCIPAL THING
- For Ornaments in lease contract Lessor has the upon to either

1. appropriate the ornaments by paying the value at that time
2. Allow to remove provided that no damage
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CIVIL LAW REVIEWER
IN CASE OF USUFRUCT:
- Usufructuary is not entitled to be indemnified for the value of the improvements or ornaments
but he may remove the same provided that no damage.
- But he may choose to set off the amount for the damages he incurred to the property
- GF ceases or is legally interrupted from the moment defects in the title are made known to the
possessor. From this time, The payment of reasonable rent should commence.# 3 BPS on the
land of another with materials belonging to third person
- # 3 BPS on the land of another with materials belonging to third person
LAND OWNER (LO) BPS OWNER OF MATERIALS
GOOD FAITH GOOD FAITH GOOD FAITH
Acquire the improvements 1. Right of retention until 1. Collect the value of materials
after the payment of indemnity payment of indemnity for primarily to BPS and
to BPS and be subsidiarily necessary and useful subsidiarily to LO if BPS is
liable to OM for materials expenses
insolvent
2. Primarily liable to pay the 2. Remove materials only if he

A. Sell the land to BP except if value of the materials can do it without injury
its value is considerably

more
B. Acquire rentals from S
GOOD FAITH GOOD FAITH BAD FAITH
Option to: 1. Right of retention for 1. Lose materials without

1. Acquire the improvements necessary and useful indemnity
and pay indemnity to BPS expenses

2. Pay damages
2. Sell the land to BPS or rent 2. Keep building without
it and collect damages indemnity to OM and collect
3. Lease to S damages from him
- Without subsidiary liability to

OM
GOOD FAITH BAD FAITH BAD FAITH
Option to: 1. Recover necessary expenses 1. Recover the value from BPS
1. Acquire improvements for land

2. If BPS acquired
without paying indemnity 2. Loses improvements without improvements, remove
and collect damages right of indemnity from LO materials if possible without
2. Demolition/Restoration plus unless LO sells the land injury
damages 3. No action against LO and may

3. Sell to BP or collect rent be liable for damages
from S plus damages

4. Pay necessary expenses to
BPS
BAD FAITH BAD FAITH BAD FAITH
ALL AS IF GF
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LAND OWNER (LO) BPS OWNER OF MATERIALS
BAD FAITH GOOD FAITH GOOD FAITH
1. Acquire improvements after 1. Remove improvements

1. Remove materials if possible
paying indemnity and 2. Be indemnified with damages without injury
damages to BPS unless in any event

2. Collect value of materials
decides to remove primarily from BPS
2. Subsidiarily liable to OM
BAD FAITH BAD FAITH GOOD FAITH
1. Acquire improvements after 1. Right to retention for 1. Remove materials if possible

paying indemnity necessary improvements
without injury
2. Subsidiarily liable to OM 2. Pay value of materials tom 2. Collect value of materials

3. Sell to BP except if value is OM and pay him damages
primarily from BPS
considerably more 3. Collect damages

4. Rent to S
GOOD FAITH BAD FAITH GOOD FAITH
Option to: 1. Recover necessary expenses 1. Remove materials if possible

1. Acquire improvements for land
without injury
without paying indemnity 2. Loses improvements without 2. Collect value of materials

and collect damages right of indemnity from LO primarily from BPS
2. Demolition/Restoration plus unless LO sells the land

3. Collect damages
damages 3. Loses right of retention
3. Sell to BP or collect rent 4. Pay damages to LO
from S plus damages 5. Primarily liable to pay OM plus

4. Pay necessary expenses to damages
BPS
5. Subsidiarily liable to OM
without damages
BAD FAITH GOOD FAITH BAD FAITH
Acquire improvements and 1. Indemnity for damages

1. No indemnity
pay indemnity and damages to 2. Remove improvements in any 2. Loses materials

BPS unless decides to remove event
- Option to sell the land is available only against builder and planter. If sower, the land owner
can only compel him to pay proper rent.
Alluvion or Accretion (Art. 457 – 458)

1. The deposit or accumulation of soil or sediment must be gradual and imperceptible
2. Accretion must result from the effects or action of the current of the water
3. That the land where accretion takes place is adjacent to the bank of the river
4. The river must continue to exist
5. The increase must be comparatively little
ACCRETION ALLUVION
Process whereby the soil is deposited Soil deposited on the estate fronting the river
bank
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RIPARIAN LAND - Land adjoining the bank of the river
- The alluvium is automatically owned by the riparian owner from the moment the soil deposit
can be seen. But the owner of the adjoining property MUST REGISTER the same under torrens
title otherwise it may be subject to acquisition through prescription by third persons.
- Drying up of river is not accretion. It belongs to the state as public dominion
- Manila Bay - foreshore. Part of public domain
- Accretions deposited gradually upon land contiguous to CREEKS, STREAMS, RIVERS AND LAKES
belong to owners of the land -SPANISH LAW ON WATERS (Same rules as applied in accretion)
Avulsion (Art. 459)

1. The segregation and transfer must be caused by the current of a river, creek, streams,
lakes, or torrent
2. Caused only by force of the current of water
3. The segregation and transfer must be sudden or abrupt
4. The portion of land transported must be known or identified
- Presumption that the change was gradual and caused by accretion and erosion.
- In avulsion, the owner of the land RETAINS OWNERSHIP but he is required to remove the same
within 2 years.
- the must PHYSICALLY REMOVE. Mere claim is not enough
- Trees uprooted - Mere claim within 6 months is enough to retain ownership
Change of Course of Rivers (Art. 461 – 462)

1. A natural change in the course of the waters of the river, otherwise the bed may be the
subject of a State grant
2. Change must be abrupt or sudden
3. Abandonment by the owner of the bed
4. Change must be permanent
5. River continues to exist
- Rivers and their natural beds are public dominion.
- Also automatic
- The owners of the lands adjoining the old bed shall have the right to acquire the same by
paying the value thereof which value shall not exceed the value of the area occupied by the
new bed.
- If the change was the result of the deliberate act of the government, The owner shall be
compensated
- State may restore the river to its original course.
- When river simply dries up - PUBLIC DOMAIN
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ACCESSION CONTINUA WITH RESPECT TO MOVABLE PROPERTY:

Adjunction/Conjunction (Art. 466-471)
1. Two movables belonging to different owners
2. United in such a way that they form a single object
3. So inseparable that their separation would impair their nature or result in substantial injury
to either component
OWNER OF PRINCIPAL OWNER OF ACCESSORY
1. Separation is impossible: 1. Separation is impossible:

- OP gets accessory - OA is entitled to reimbursement
EXCEPT: When Accessory is much more EXCEPT: If the accessory is much more
precious, his right to retain is subject to right precious, he can demand separation
of OA
2. Separation is possible without damage
2. Separation is possible without damage OA Can demand separation
OP Can demand separation
1. Right to retain accessory 1. Loses accessory
2. Right to claim damages 2. Liable for damages
1. Liable for damages 1. Claim for damages
2. Right to retain is subject to the superior right 2. Demand removal even if there is injury
of OA to ask for removal

BAD FAITH BAD FAITH
- AS IF BOTH GF
- In case of painting or writing, the owner of the accessory is limited only to the first option of
demanding payment for the value of the accessory.
TESTS:
1. Rule on intention - Principal is the one to which a thing is attached.
2. Greater value
3. Greater volume
4. Greater merits
Mixture (Art. 472 – 473)

1. Two or more things belonging to different owners
2. Mixed or combined with the respective identities of the component parts destroyed or
lost
Commixtion - Solids
Confusion - Liquid
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1. Co-ownership if:
1. By change or Fortuitous event
2. Will of both owners
3. Will of only one acting in GF
If one is in BF:
1. Loses the thing
2. Pay for damages
Specification (Art. 474)

1. Transformation of a material
2. Done with application of labor
IF WORKER IS GF: Appropriate the thing and indemnifying the owner of material
EXCEPT: When material is more precious to the thing
IF WORKER IS BF:
1. Appropriate the work for himself without paying anything to the maker
2. Demand of the latter that he indemnify him for the value of the material
QUIETING OF TITLE
Cloud on title
1. There is an instrument, record, claim, encumbrance or proceeding
2. The instrument, record, claim, encumbrance, or proceeding is apparently valid
or effective
3. Such instrument, etc. is in truth and in fact invalid, ineffective, voidable, or
unenforceable, despite its prima facie appearance of validity, or has been
extinguished or terminated, or has been barred by extinctive prescription
4. Such instrument, etc, may be prejudicial to said title
Action to Quiet Title

1. Plaintiff must have a legal or equitable title to, or interest in the real property,
which is the subject matter of the action, but he need not be in possession of the
property
2. There must be a cloud in such title
3. The cloud is due to some instrument, etc. which is apparently valid but is in truth
and in fact invalid, ineffective, voidable or unenforceable and is prejudicial to
plaintiff’s title
4. Plaintiff must return to the defendant all benefits he may have received from the
latter or reimburse him for expenses that may have redounded to his benefit.
Action to Prevent Cloud

1. Plaintiff has a title to a real property or interest therein
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2. Defendant is bent on creating a cloud on the title or interest therein. The danger
must not be merely speculative or imaginary but imminent
3. Unless the defendant is restrained or stopped, the title or interest of the plaintiff
will be prejudiced or adversely affected
LEGAL TITLE - Registered ownership

EQUITABLE TITLE - Beneficial ownership
Prescriptive period:
1. Plaintiff is in possession - Imprescriptible
2. Plaintiff is not in possession
1. 10 years if ordinary
2. 30 years if extraordinary
CO-OWNERSHIP
Co-ownership (Art. 484)
1. Plurality of owners
2. The object of ownership must be a thing or right which is undivided
3. Each co-owner’s right must be limited only to his ideal share of the physical
whole
- Co-owners have no right to enjoin a co owner who intends to alienate or substitute

his abstract portion or substitute a third person in its enjoyment
- Once partition is effected, Co-ownership is terminated.
- Where the property has already been partitioned, right of redemption cannot be
invoked.
- An agreement to keep a thing undivided for a certain period not exceeding 10 years
shall be valid.
- In case of succession, Testator may prohibit the partition of estate but not exceeding
20 years.
LIMITATIONS ON RIGHT TO USE:

- Use must be in accordance with the purpose to which it is intended
- in a manner not injurious to the interest of other co-owners.
- Does not prevent other co-owners from making use
- Co owners can exercise an equal right to live in the house or agree to lease it. If they
fail to exercise any, they must bear the consequences.
- A co-owner cannot give valid consent to another to build a house on the co-owned
property which is an act tantamount to devoting the property to exclusive use.
- Anyone of the co-owners may file ejectment case
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PRESERVATION MANAGEMENT OR ALTERATION OR ACTS OF

ADMINISTRATION OWNERSHIP
One co-owner may decide to 1. Financial majority

1. Unanimity- ALL
perform without prior notice.

- For embellishment or - Affects the substance of the
Absence of notice will only improvement thing or changes its nature.
result in reduction of amount
to be reimbursed but the act is
still valid
Examples: 1. Change of color of paint

1. Sale or mortgage
1. Payment of real estate taxes 2. Construction of fense 2. Lease for more than 1 year
2. Necessary repairs 3. Transforming the property in

3. Filing an ejectment suit to something which is different
from its nature or intended
purpose
- If one co-owner redeems it, it shall be understood that it is for the benefit of co-
ownership subject to reimbursement from other co-owners.
- Failure of other co-owners to reimburse the amounts does not entitle the latter
to claim full ownership.
- Each co-owner shall have full ownership of his part. It may be disposed of as they
please, independent of the decision of their co-owners. A co-owner may not be
compelled by other co-owners to sell or dispose his land.
- A co-owner has the right to alienate, assign, mortgage is own share.
EFFECT OF ALIENATION OF THE ENTIRE PROPERTY: NOT NULL AND VOID. But sale will only
affect his own share or part of the co-owner.
- Appropriate recourse is an action for partition.
EFFECT OF ALIENATION OF CONCRETE OR SPECIFIC PORTION:

- A co-owner cannot rightfully dispose of a particular portion of a co-owned property
prior to the partition.
- But sale of a concrete portion IS NOT VOID. The vendee obtains the same right
of the vendor. What will be affected on the sale is only the proportionate part of
the vendor subject to the results of partition.
DEL CAMPO CASE: The buyer of a concrete portion was entitled to the specific portion
because the buyer WAS ALLOWED by the other co-owner to occupy the definite
portion without disturbance for a period too long to be ignored.
UNAUTHORIZED ALTERATION
- Act is illegal. The co-owners can compel the erring co-owner to undo what has been
done at the latter’s expense.
LEGAL REDEMPTION: When shares are sold to THIRD PERSONS.
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REQUISITES:
1. Co-ownership
2. One of the co-owners sold his right to stranger
3. Sale was made before partition
4. Must be exercised by one of the co-owners within 30 days counted from the time that
he or they were NOTIFIED IN WRITING by the VENDEE or by the Co-owner vendor.
- Written Notice is indispensable and mere knowledge of the sale acquired in some
other manner does not satisfy the requirement.
FORM OF NOTICE:
1. In writing
- Furnishing the copy of deed of sale - sufficient
- Receipt of summons for collection of rentals - actual knowledge
- Co-owner is deemed to have been given notice of the sale by the execution and
signing of the deed of extrajudicial partition.
2. Notice must come from the vendor(co-owner)
- Co-owner has no pre-emptive right
CAUSES OF EXTINGUISHMENT OF CO-OWNERSHIP

1. Merger in one person
2. Prescription
3. Destruction of the thing or right
4. Partition
- Redemption is not a way of extinguishing co-ownership.
- GR: Prescription does not run against a co-owner

EXCEPT
When prescription runs from the time of repudiation of co-ownership
1. The co-owner has performed unequivocal acts of repudiation amounting to an
ouster of the other co-owners
2. Such positive acts of repudiation have been made known to the other co-
owners
3. The evidence thereof is clear and convincing
4. His possession is open, continuous, exclusive and notorious
FOLLOWING ACTS CONSTITUTE ACTS OF REPUDIATION:

1. Filing of action to quiet title
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2. Execution of deed of partition and obtained the cancellation of the title in the name
of their predecessor and issuance of new one - Repudiation
- Lapse of more then 20 years will vest title by prescription.
- Act of some of the co-owners in effecting registration of the land only in their
names did not effectively repudiate when they allowed the other co-owner to build her
house on the subject property without any opposition.
- Sole fact of paying real estate tax did not constitute an unequivocal act.
PARTITION
- Imprescriptible
POSSESSION
- Holding of a thing or enjoyment of a right.
- Only things and rights which are susceptible of being appropriated may be the object of
possession.
- It is not necessary that the owner or holder of the thing exercise personally the rights of
possession.
CANNOT BE POSSESSED
1. Public dominion
2. Res communes - sunlight or air
3. Things prohibited by law
KINDS OF POSSESSION:
1. Possession in another’s name - Only the possession by a person without any right of how own
and one which is strictly of an agent or merely an instrument in the exercise of such possession
2. Possession in one’s one name - Possession anchored on a juridical title or right
3. Possession in the concept of owner -The belief or opinion of neighbors and the rest of the world
and not that of the possessor. May be the owner himself or one who claims to be so.
4. Possession in concept of holder - Considered possessors with respect to the things itself but
considered as possessor in the concept of the owner with respect to their right.
5. Possession in GF - if he is not aware that there exists in his title mode or acquisition any flaw
which invalidates it.
POSSESSION IN CONCEPT OWNER:

- Raises disputable presumption of ownership
- Disputable presumption of just title
- May open into ownership thru acquisitive prescription
Possession
1. Occupancy, apprehension, or taking of a thing or right (possession in fact)
2. Deliberate intention to possess (animus possidendi)
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3. By virtue of one’s own right – in his own name or in that of another
Possession in good faith (Art. 526)

1. Ostensible title or mode of acquisition
2. Vice or defect in the title
3. Possessor is ignorant of the vice or defect and must have an honest belief that the thing
belongs to him
- If merely a tenant, agent or usufructuary - NOT POSSESSION OR BUILDER IN GF

- GF is always presumed. The presumption of GF continues to subsist until facts exist which show
that the possessor is already aware that he wrongfully or improperly possesses the thing.
- If there are no other facts to determine interruption of GF, GF ceases from the date of receipt
of the summons to appear at the trial
Entitled to the fruits received by him before his Obligation to reimburse not only the fruits actually
possession is legally interrupted received by him but also those which the
legitimate possessor could have received
In case of pending natural or industrial fruits, In case of pending fruits, He will lose the fruits in
the possessor and owner shall have a right to a favor of the legitimate possessor and he will not
part of the net harvest and each shall divide be entitled to the reimbursement of the expenses
the expenses of cultivation both in proportion he incurred in relation to the fruits including the
to the time of their respective possessions. expenses he incurred for its production and
preservation because these expenses are
reimbursable to the possessor in bad faith only if
already been received by the latter.
Not liable at all for the deterioration or loss of Liable for any determination or loss of the thing in
the thing possessed every case even when the same is caused by FE
Necessary expenses - Made for the preservation of the thing or those incurred not for the
improvement but for the preservation of the thing
- Whether in GF or BF, A possessor is entitled to the refund of the necessary expenses incurred by
him
- PGF has the right to retain until reimbursed
- PBF has no right
RIGHT OF RETENTION - Permits the actual possessor to remain in possession while he has not been
reimbursed by the person who defeated him in the possession for those NECESSARY AND USEFUL
EXPENSES
- While exercising such right, he cannot be compelled to pay rentals nor be disturbed in his
possession.
- The owner of the land is prohibited from offsetting the necessary and useful expenses with the
fruits received
-
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Useful expenses - Incurred to give greater utility or productivity to the property.

- Chapel is a UE
- Only the PGF is entitled to refund useful expenses.
- Enjoys right to retain
- The improvement must still exist.
- Possessor in GF in lieu of reimbursement for the useful expenses may remove the useful
improvement but removal must be without damage to the principal thing and owner does not
choose to appropriate the improvements.
- PBF has no writher to remove the useful improvements.
Owner has to option to:
1. Refund the amount of expenses
2. Pay the increase in value which the thing may have acquired by reason of useful expenses.
Ornamental Expenses - Do not increase the productiveness of the thing but merely embellish the
same. Resulting convenience is merely accidental
- Whether in GF or BF, A possessor is not entitled to refund
- PGF or PBF has the right of removal of the ornaments with which they embellished the
principal provided that there be no damage to principal.
- If the owner chose to appropriate, the latter’s right of removal cannot be exercised.
IF OWNER CHOSE TO APPROPRIATE:
1. GF - Amount shall be the actual amount expended
2. BF - Limited to the value of the ornament at the time the owner enters into the possession
ACQUISITION OF POSSESSION:
1. Material possession - Only to corporeal objects and not to rights.
2. Exercise of right
3. Subjecting the thing or right of action of our will
4. Proper acts and legal formalities
DOCTRINE OF CONSTRUCTIVE POSSESSION - Deemed to extend to the whole because possession

in the eyes of law does not mean that a man has to have his feet on every square meter of
ground
REQUISITES:
1. Actual possession of a portion or part of the property
2. He is claiming ownership of the whole area
3. Remainder of the area must not be in adverse possession of another person
4. Area claimed be reasonable
- Bad faith is not transmissible from one person to another. Not even to an heir.
POSSESSION IS DEEMED NOT ACQUIRED:

1. Through force or violence
2. Acquired through acts merely tolerated
3. Through clandestine and unknown acts
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ORDER OF PREFERENCE (PLoT) 

1. Present possessor shall be preferred
2. If there are two possessors, the longer one in possession
3. One who presents title
4. If all equal, The thing shall be placed in judicial deposit pending determination of its possession
PRESUMPTION OF CONTINUITY OF POSSESSION -If the present possessor succeeds the previous
possessor by hereditary title, his possession is deemed continuous and without interruption fro m
the moment of the death of the decedent even if he was not in actual possession of the
property at the time of the death and prior his acceptance
MODES OF LOSING POSSESSION:

1. Abandonment
REQUISITES
1. Hope of recovery or recapture must be gone
2. Intent to recover must be finally given up
- The owner of the thing cannot be held abandoned until at least he has some knowledge of
the loss of its possession or loss of the thing
- To be effective, abandonment must be made by possessor in concept of owner
2. Assignment
REQUISITES:
1. In concept of owner
2. Capacity to alienate
3. Destruction of the thing
4. Possession of another
A. POSSESSION DE FACTO
- If lasts for more than one year, only possession de facto is lost but not the
possession de jure
B. POSSESSION DE JURE
- Not lost until after the lapse of 10 years
- Ownership and possession are distinct concepts, For ownership to be lost through possession
by another, it must be in the concept of an owner.
RULES ON LOSS OF POSSESSION OF MOVABLES AND IMMOVABLES
1. IMMOVABLES - Possession of immovables is not deemed lost or transferred for the purposes of
prescription except in accordance with the provisions of mortgage law and land registration
laws.
2. MOVABLES
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1. Abandoned - Hope of recovery is gone

2. Misplaced or mislaid - Hope of recovery is not yet gone hence possessor does not
automatically lose possession
3. Lost Movable - When a person who finds a thing that has been lost or mislaid by the
owner takes the things into his hands, he acquires PHYSICAL CUSTODY ONLY and does
not become vested with legal possession.
- Previous possessor retains ownership. The finder is bound to return to the owner
or to immediately return it to the amor where the finding has taken if the owner is unknown.
- It is only after compliance to such that the finder shall acquire ownership.
- If the owner appears on time, he retains ownership but he shall be obliged to
pay as a reward to the finder 1/10 of the sum or of the price of the thing found.
- If the finder appropriates it for himself - LIABLE FOR THEFT
- Possession of movables acquired in GF is already equivalent to title.
Theory of Irrevindicability of movables (Art. 559)

1. Possession in good faith
2. The owner has voluntarily parted with the possession of the thing
3. Possessor is in the concept of owner
- If all the requisites are present, The true owner cannot recover it as a general rule.
- EXCEPTIONS:
1. Lost the thing
2. Unlawfully deprived thereof
- In these cases, the owner of the movable has the right to recover it not only to the finder, thief
or robber but also from third persons even if acquired in GF
EXCEPTIONS TO THE EXCEPTIONS:

1. If acquired it in good faith at a public sale
2. Possessor acquired the thing at a merchant’s store or in fairs or in markets in accordance with
the code of commerce
Possessor over animals

1. Wild animals - Considered possessed only while they are under one’s control.
2. Domesticated animals - As long as they retain the habit of returning to the premises of the
possessor. Once they lose the habit, they cease to be domesticated and revert back to being
wild
- Possessor or owner of domesticated animals has a period of 20 days from the
occupation of another person to reclaim them.
3. Domestic animals - Considered personal property and are subject to rules of personal property
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USUFRUCT (Use and fruits)

- Allowing one to enjoy another’s property
- The right to enjoy the property of another temporarily including right to use and fruits.
- Owner retains right to dispose.
- It a real right. It is strictly personal and it must not be intransmissible.
- Servitude cannot be object of usufruct because it has no independent existence of the
tenements.
Requisites
1. Essential- the real temporary right to enjoy another’s property
2. Natural – the obligation to preserve its form or substance
Proper Usufruct - Constituted over a non consumable thing
Improper/Abnormal Usufruct - Constituted over a consumable thing or over a non consumable

which gradually deteriorates.
- In this case, There is no obligation to return the very same thing and no obligation to preserve
the form and substance of the thing
- Obligation of usufructuary(UF) is to deliver the value of the thing at the termination or return
the same quantity and quality as the thing given him
If non consumable which gradually deteriorates through wear and tear - Usufructuary may
return it at the expiration of usufruct in the condition that it may be found without any obligation
to reimburse the owner.
- Right to dispose the property is RETAINED by the owner.

- The owner may validly mortgage the property but the UF is not bound to pay the debt
of the mortgagor
- The fact that the UF right is annotated in the title does not make the mortgagee a
mortgagee in bad faith. The existence of Usufruct does not curtail the right of the owner
to alienate his property.
- The owner may not exercise such right as to adversely affect the UF. Owner cannot alter
its form or substance or do anything thereon which may be prejudicial to the UF
- The right of enjoyment extends to all accessions

- In case of fruit bearing trees and shrubs, the UF has the tight to gather the fruits but does not
have the right to cut the trees.
- If in consequence of calamity or extraordinary event, the trees or shrubs disappeared in
such considerable number that it would not be possible or it would be burdensome to
replace them, the UF may leave the dead, fallen or uprooted trunks at the disposal of
the owner and demand that the latter remove them and clear the land
- The UF has the right to bring action and to oblige the owner to give him the authority
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CONSEQUENCES OF UF’S RIGHT OF POSSESSION

1. UF may lease the object held in usufruct. The owner of the property must respect the lease
entered into by the UF so ling as the usufruct exists. It must only be coterminous with the life of
usufruct EXCEPT in rural lands which shall subsist during the agricultural year
2. UF is lawful possessor. He may use reasonably necessary force to repel or prevent
- The owner of the property still has the right to construct any works and make any
improvements
- The owner has right to impose voluntary easement without the consent of the UF. However, no
PERPETUAL VOLUNTARY EASEMENT may be established without the consent of both the naked
owner and usufructuary
OWNER CANNOT:
1. Alter form and substance
2. Make actions that are prejudicial or injurious to the UF
3. No diminution of value of usufruct
FRUITS IN USUFRUCT
- UF is entitled to all natural, industrial and civil
- If there is a tendency to diminish its substance such as minerals from mines, etc, they are not
fruits but are CAPITAL. Hence they do not pertain to UF EXCEPT if devoted for exploitation even
before constitution of usufructuary, It may pertain as fruits
Pending Natural and Industrial fruits at the time of commencement: Belong to UF and he has no
obligation to refund the owner any expenses incurred.
Pending at the time of termination: Belong to the owner of the property but he shall reimburse
the UF the ordinary expenses of cultivation
Civil fruits - Deemed to accrue daily. Belong to UF in proportion to the time the usufruct may last.
- Periodic pensions or interest shall be distributed as civil fruits.
ALIENATION OF UF RIGHT
- UF may alienate his right of usufruct without the consent of the owner of the property whether
by onerous or by gratuitous title.
- He may lease or sell his right - but all contracts must terminate at the expiration of
usufruct
- Transfer does not terminate the relation between UF and naked owner. (same as lease)
- The UF shall be personally liable for he damage of the property caused by the
negligence of the transferee or lessee
CANNOT BE ALIENATED:
- UF granted in consideration of his person to last during his lifetime CANNOT BE ALIENATED.
- Enjoyment of the property is acquired through caution juratoria
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RIGHT TO USEFUL AND ORNAMENTAL IMPROVEMENTS:

- UF has the right to introduce improvements on the property held in usufruct.
- The UF does not have the right to reimburse for the improvement
- He has the option to:
- Remove the improvements if without damage
- Set off improvements against any damage he has caused his to usufruct.
OBLIGATIONS OF THE UF
1. Make inventory of all the property covered
2. Give security or bond
- Failure to comply with these two obligations will only prevent UF from exercising but will not
result to termination
- Owner may retain possession as administrator
EXEMPTION FROM OBLIGATION TO GIVE SECURITY

1. Donor reserved the usufruct of the property donated
2. Legal usufruct over property of minor if not exceeding 50k
Caucion juratoria - Promise under oath made in court by the UF who has not given security for
the purpose of acquiring the use of the following:
1. Furniture necessary for his use
2. Dwelling house
3. Implements, tools and other movable property necessary for industry
3. Preserve its form and substance

4. Make ordinary repairs
5. Pay annual charges and taxes imposed on the fruits of property - Taxes on the capital shall be
paid by the owner.
6. Notify the owner of the need of urgent extraordinary repairs
7. Pay the expenses, costs and liabilities for suits involving usufruct
8. Notify the owner of any act of a third person that may be prejudicial to the rights of the owner.
Ordinary repairs:
1. Required by wear and tear due to the natural use
2. Indispensable for the preservation
Extraordinary - Caused by exceptional circumstances whether or not they are necessary for the
preservation of the thing
- It shall be made at the expense of the owner.
- UF may demand payment of legal interest if he paid for it
- UF may not compel the owner to make EO repairs.
- If EO, UF has an OPTION to do it but he has the obligation to notify the owner of the need of
such repairs.
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RIGHT OF RETENTION BY UF UNTIL PAYMENT OF

1. Sums that may be been advanced for the payment of taxes imposed directly on the capital
2. Increase in the value of the immovable acquired by reason of EO paid by the UF
EXTINGUISHMENT OF USUFRUCT
1. Death of the Usufructuary unless contrary appears
2. Expiration of period
3. Merger of ownership
4. Renunciation of the UF
5. Total loss
6. Prescription
LOSS OF THE THING

GR: Usufruct is also terminated upon the loss of the thing held in usufruct
EXC:
1. Usufruct over building and the building is destroyed - UF has the right to make use of the land
and materials.
- If the owner wishes to construct another building, he has the right to occupy the land
and to make use of the materials in which case he shall be obliged to pay the UF during the
continuance of the Usufruct the interest upon the sum equivalent to the value of the land and
materials.
2. If appropriated for public use.

- The owner has option to:
1. Replace with another of the same value
2. Paying legal interest for the whole value
EFFECT OF BAD USE: Not extinguished. The owner may demand that the thing be delivered to
him and pay annually to the UF the net proceeds of the same after deducting the expenses and
compensation for administration
EASEMENT OR SERVITUDE
Characteristics
1. Real right but will affect third persons only when duly registered
2. Enjoyed over another immovable, never on one’s own property
3. Involves two neighboring estates- the dominant and servient estate
4. Inseparable from the estate to which it is attached, and therefore cannot be alienated
independently of the estate
5. Indivisible for it is not affected by the division of the estate between two or more persons.
The mere fact that the property was subdivided does not extinguish the easement
6. It is a right limited by the needs of the dominant owner or estate, without possession
7. It cannot consist in the doing of an act unless the act is accessory in relation to a real
easement
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8. A limitation on the servient owner’s rights of ownership for the benefit of the dominant
owner; and therefore, it is not presumed
EASEMENT SERVITUDE
Right enjoyed by one Burden imposed upon the other
Active aspect of being a right Passive aspect of being an encumbrance
An encumbrance imposed upon an immovable for

the benefit of another
- Dominant estate cannot be the servient estate at the same time.
KINDS OF EASEMENT:
1. REAL - An encumbrance imposed upon an immovable for the benefit of another immovable
belonging to different owner
2. PERSONAL - There is no owner of dominant tenement and the easement pertains to persons
without a dominant estate.
3. LEGAL - Which is constituted by law for public use or for public interest.
4. VOLUNTARY - Constituted simply by the will of the parties.
As to manner of exercise:
5. CONTINUOUS - Its use is or may be incessant without the intervention of any act of man like
easement of drainage, light and view
6. DISCONTINUOUS - Used at intervals and it depends on the act of man like right of way
7. APPARENT - Made known and are continually kept in view by external signs
8. NON APPARENT - Shows no external indication of existence
9. POSITIVE - Imposes upon the owner of the servient estate the obligation of allowing something
to be done
10.NEGATIVE - Prohibits something which he could lawfully do without such easement.
- The right of servitude resides in the estate itself and not in the physical person who successively
occupies or enjoys it.
- Only the owner can constitute a servitude over his property since it operates as a limitation
upon his title or ownership.
- Servitudes which are imposed by non owners do not bind the servient estate but only
the person establishing the same
- Easement cannot be alienated or mortgaged separately from the estate it forms part.
- Easement and servitude are indivisible
MODE OF ACQUIRING EASEMENTS:

1. Title - ALL KINDS OF EASEMENT
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2. Prescription - Only continuous and apparent within a period of 10 years.

- Commencement depends if positive or negative
1. Positive - Counted from the day on which the owner of the dominant estate
commenced to exercise it.
2. Negative - Day on which the owner forbade by an instrument acknowledged before
a notary public, the owner of the servient estate from executing an act which would
be lawful without easement.
APPLICATION IN LIGHT AND VIEW:

1. Opening a window in one’s own wall: Does not create easement because it is a mere
exercise of ownership.
- An easement is created only when the one who opened the window will prohibit or
restrain the owner of the adjacent property from doing anything which will interrupt the light
- It is a negative easement.
2. Opening a window in a party wall

- Positive.
3. Opening a window in another’s wall: Positive
- Right of way may only be acquired through title
PROOF OF EASEMENT
- Presumption is always against easement
- If acquired by prescription - Only be established in judicial proceeding
- Or it may be cured by deed of recognition of the owner of the servient estate
- If acquired by title: May be proven through oral testimonies of witnesses as the same is not
covered by Statute of frauds.
CHANGE OF PLACE OR MANNER OF USE BY OWNER OF SERVIENT ESTATE:

1. Place originally assigned or manner established for the use of the establishment become very
inconvenient to the owner or it has prevent him from making any important improvements
2. Offers another place or another manner of use equally convenient
3. No injury
4. Cost borne by the owner of the servient estate
- The owner of the dominant estate shall have the right to make any works on the servient
estate if the same is necessary for the use and preservation of the servitude provided:
1. Necessary for use and preservation
2. Done at the expense of dominant estate
3. Can be done without altering the servitude
4. Owner of servient is notified
5. Time and manner should be the most convenient to the owner of servient
MODES OF EXTINGUISHMENT OF EASEMENT
1. Merger
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-The merger must involve FULL OWNERSHIP of both of the dominant and servient estate.
2. Non use for 10 years

- Counting depends if
1. Continuous - Dat on which an act contrary to the easement took place
2. Discontinuous - Day on which easement was not used.
3. Impossibility of use
- Merely suspends.
4. Expiration of term
5. Fulfillment of condition
6. Renunciation
7. Redemption
8. Annulment or rescission of title
9. Termination of the right of the grantor
10.Abandonment of the servient estate
11.Eminent domain
LEGAL EASEMENTS:
When a person may establish the easement of abutment of a dam

1. Purpose is to divert or take water from a river or brook, or to use any other continuous or
discontinuous stream
2. Necessary to build a dam
3. The person to construct it is not the owner of the banks or lots which must support it
4. Payment of the proper indemnity is made
Easement for Drawing water and watering animals

1. Imposed for reasons of public use
2. In favor of a town or village
3. Sought not by one individual, but by the town or village, thru its legal representation
4. Indemnity must be paid
5. Right of way should have a maximum width of 10 meters
Easement of Aqueduct
1. Dominant owner must prove that he has the capacity to dispose of the water
2. He must prove that the water is sufficient for the intended use
3. The course is most convenient, and least onerous to the third person
4. Indemnity must be paid
- Only for PRIVATE INTEREST
- It does not curtain the right of the owner to close or fence his estate
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- It is continuous and apparent even though the flow of water may not be continuous or its use
depends upon the needs of the dominant estate.
- Can be acquired by title or prescription
Easement for the construction of a stop lock or sluice gate

1. Purpose must be for irrigation or improvement
2. Construction must be on the estate of another
3. Damages must be paid
4. Third persons should not be prejudiced
RIGHT OF WAY 
1. Voluntary - Constituted by the will of parties. It can only be extinguished by the usual
agreement
Easement of Compulsory Right of Way Requisites

1. Claimant must be the owner of the enclosed immovable or one with real right
2. The dominant estate is surrounded by other immovables and there must be no adequate
outlet to a public highway
3. Right of way must be absolutely necessary
4. Isolation must not be due to claimant’s own act
5. Easement must be established at the point least prejudicial to the servient estate; and
insofar as consistent with this rule, where the distance from the dominant estate to the
public highway may be the shortest
6. Payment of proper indemnity
- There must be a real and not fictitious or artificial necessity. Mere convenience for the
dominant estate will not suffice. The true standard of grant is ADEQUACY
- If Least prejudice and shortest distance do not concur in a single tenement, the court have
held that the LEASE PREJUDICE CRITERION MUST PREVAIL over the shortest distance
- Whenever a piece of land which is acquired by sale, exchange or partition is surrounded by

other estates of the vendor, co-owner and exchanger, the owner is entitled to a grant of right
of way without indemnity
- NOT APPLIED IN SIMPLE DONATION
- The width of the easement shall be that which is SUFFICIENT TO THE NEEDS of the dominant
estate.
- A mere usufructuary is entitled to demand for right of way. BUT NOT A LESSEE.
EXTINGUISHMENT OF RIGHT OF WAY

- If not anymore necessary - the owner of servient estate may demand for release. IT IS NOT
AUTOMATIC
Rules when right of way is permanent
1. Dominant estate should pay for the necessary repairs
2. Should pay the proportionate share of the taxes paid by the servient estate
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EASEMENTS OF PARTY WALL

- Co-ownership
- The cost of repairs and construction - borne by all the owners.
Drainage of buildings
1. There must be no adequate outlet to the rain water because the yard or court of a
house is surrounded by other houses
2. The outlet to the water must be at the point where egress is easiest and establishing a
conduit for drainage
3. There must be payment of proper indemnity
4. Least possible damage caused
NUISANCE
- Any act, omission, establishment, business, condition of property, or anything else which
(ISAHO)
1. Injures or endangers the health and safety of others
2. Annoys or offends the senses
3. Shocks, defies or disregards decency or morality
4. Obstructs or interferes with the free passage of any public highway or street or body of water
- It is so comprehensive that it has been applied to almost all ways

- It is a restriction of limitation of ownership
- It is an interference of the use and enjoyment of property
CLASSIFICATION:
1. PUBLIC - affects a community of neighborhood or any considerable number of persons
although the extent of damage may be unequal
2. PRIVATE - Violates only private rights and produces damages to but one or few persons.
3. PER SE (Nuisance at law)- Affects the immediate safety of the persons and property which
may be summarily abated under the undefined law of necessity
- It is a nuisance under ANY AND ALL CIRCUMSTANCES
4. PER ACCIDENS (Nuisance in fact) - Depends upon certain conditions and circumstances and
its existence being a question of fact. It cannot be abated without due hearing in court.
TEST: WON the nuisance become dangerous at all times and under all circumstances to life,
health or property.
EXAMPLES OF PER SE:

1. Prostitution
2. Gambling houses
3. Mad dog on the loose
4. Pornographic materials
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5. Drugs
DOCTRINE OF COMPARATIVE UTILITY OF BALANCING OF UTILITIES - There is only a nuisance if the

annoyance outweighs the utility to the actor and to society as a whole.
DOCTRINE OF ATTRACTIVE NUISANCE - One who maintains on his premises dangerous

instrumentalities or appliances of a character likely to attract children in play and who fails to
exercise ordinary care to prevent children from playing therewith or resorting thereto is liable to
a child of tender years even if the child is a trespasser
- GR: Doctrine is not applicable to bodies of water

- EXC: When there is unusual contain or artificial feature other than the mere water and its
location.
REMEDIES
1. PUBLIC NUISANCE
1. Civil action
2. Abatement without judicial proceedings
3. Criminal prosecution
2. PRIVATE NUISANCE
1. Civil action
2. Abatement without judicial proceedings
ABATEMENT
- May be without due hearing or upon due hearing.
- Summary abatement is only available if NUISANCE PER SE.
- Sanggunian cannot declare a thing as nuisance per se. Those things must be resolved by the
court.
WHO MAY ABATE:

- City and or municipal Health officer for public nuisance
- The law does not mention that the chief executive like punning barangay is authorized
to determine the propriety of summary abatement.
Extrajudicial abatement of Private person: (both applied in public and private nuisance)
1. Nuisance must be specially injurious to the person affected
2. No breach of peace or unnecessary injury must be committed
3. Prior demand
4. Prior demand has been rejected
5. Approval by the district health officer and assistance of local police
6. Value of destruction does not exceed P3000.
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MODES OF ACQUIRING OWNERSHIP

1. Occupation
2. Intellectual property
3. Law
4. Donation
5. Succession
6. Tradition
7. Prescription
MODES OF LOSING OWNERSHIP

1. Abandonment
2. Alienation
3. Destruction
4. Revocatory acts
5. Extinguishment by legal precept
6. Extinguishment by judicial decree
7. Extinguishment by act of the state
- Sale is not a mode but merely a title. Sale by itself does not transfer or affect ownership. The
most that it can do is to create the obligation to transfer ownership.
- It is tradition or delivery as a consequence of sale that actually transfer ownership.
MODE TITLE
Legal means by which dominion or ownership Only the legal basis by which to affect dominion
is created, transferred or destroyed or ownership
Actual process of acquisition or transfer of Juridical justification

ownership of a thing
Cause Means
Tradition/ Delivery
1. Right transmitted should have previously existed in the patrimony of the grantor
2. Transmission should be by just title
3. Grantor and grantee should have intention and capacity to transmit and acquire
4. Transmission should be manifested by some act which should be physical, symbolical, or
legal
- It should always be coupled with intent to deliver
KINDS OF TRADITION:
1. REAL TRADITION - Actual delivery. Placed in the possession and control of the grantee.
2. CONSTRUCTIVE - Represented by other signs or acts indicative of tradition.
1. Traditio Simbolica - By delivery of symbols. - Keys
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2. Traditio Longa Manu - Effected by simply pointing out to the grantee the things which
are being transferred and which at the time must be within their sight.
3. Traditio Brevi Manu - Grantee has already acquired actual control or possession of the
thing as when the thing is leased to him.
4. Traditio constitutum possessorium - Effected by mere declaration on the part of the
transferor that he will hold the thing for the transferee. He continues possessing it under
another capacity.
- Execution of public instrument is equivalent to delivery of the thing

- It holds true only when there is no impediment that may prevent the passing of the
property
- It is merely a prima facie presumption
PRESCRIPTION:
- Possession must be in concept of an owner, public, peaceful, uninterrupted and adverse.
MOVABLE IMMOVABLE
ORDINARY - 4 YEARS ORDINARY - 10 YEARS
EXTRAORDINARY - 8 YEARS EXTRAORDINARY - 30 YEARS
2 KINDS OF ACQUISITIVE PRESCRIPTION

1. Ordinary Acquisitive Prescription - Possession in good faith and with just title
2. Extraordinary - No title and not in good faith
PERIOD OF PRESCRIPTION
- The present possessor may complete the period necessary for prescription by TACKING HIS
POSSESSION to that of his grantor or predecessor in interest.
- It is presumed that present possessor has continued to be in possession during the
intervening time
PRESCRIPTION DOES NOT LIE IN:

1. Registered land - No title to registered land in derogation of that of the registered owner shall
be acquired by prescription or adverse possession.
2. Public domain
3. Trust - A trustee cannot acquire by prescription the ownership of the property entrusted to him
except: Repudiation
4. Possession by mere tolerance
5. Possession obtained through force, intimidation
LACHES - Failure or neglect for an unreasonable and unexplained length of time to do that
which by exercising due diligence could or should have been done earlier.
- Based on equity
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ELEMENTS:
1. Conduct on the part of the defendant or of one under whom he claims, giving rise to the
situation of which complaint is made for which the complainant seeks a remedy
2. Delay in asserting the complainant’s rights and complainant having had knowledge and
opportunity to institute a suit
3. Lack of knowledge or notice on the part of the defendant
4. Injury or prejudice to the defendant in the event relief is accorded to the complainant
CAPACITY TO ACQUIRE
- Persons who are capable of acquiring property may acquire by means of prescription
ORDINARY ACQUISITIVE PRESCRIPTION: The capacity to acquire property shall be the same
capacity required for the particular title in question
- Minors and other incapacitated persons are qualified to become donees but acceptance
shall be done through their parents or legal representatives
EXTRAORDINARY ACQUISITIVE PRESCRIPTION: Capacity for POSSESSION is required.

-Even if a minor is qualified to acquire possession of a corporeal object through material
occupation , he may not acquire POSSESSION because the latter requires that he be possessed
of full civil capacity.
- The minor may acquire ownership by prescription through his parents, guardians and
legal representatives
OCCUPATION
Requisites
1. The thing seized must be corporeal, personal property
2. Thing must be susceptible of appropriation by nature
3. Requisites laid down by law must be complied with
4. There must be an intention to appropriate
5. There must be seizure of a thing
6. The thing must be without an owner
Donation
1. Donor must have capacity to make the donation at the time of the perfection of the
contract
2. He must have donative intent
3. There must be delivery
4. Donee must accept or consent to the donation
- Donative intent - Presumed present when one gives a part of one’s patrimony to another
without consideration
- It is not negated when the person donating has other intentions, motives or purposes
which do not contradict donative intent.
- Donation is a bilateral act
- There is no need for tradition or delivery
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- Donation results in an effective transfer of title over the property from the donor to the donee
and the donation is perfected from the moment the donor knows of the acceptance by the
donee.
CLASSIFICATIONS OF DONATION
MORTIS CAUSA INTER VIVOS
Takes effect at the time of the death of the Takes effect during the donor’s lifetime or
donor. independently of the donor’s death
- Even if the property may not be delivered until

after donor’s death.
Shall be embodied in a will Comply with rule on donations
Revocable and ambulatory Once accepted, becomes irrevocable
EXCEPT:
1. Resolutory conditions
- Fixing of an event or the imposition of a suspensive condition which may take place beyond
the natural expectation of life of the donor does not destroy the nature as inter vivos.
- The mere designation as mortis causa or a provision “to take effect upon the death of the
donor” are not controlling criteria. Such statements must be construed as a whole in order to
determine the intent of the party.
- In case of doubt, IT IS INTER VIVOS.
- A warranty that nobody would disturb or question the donee’s right implied that the title had
already been conveyed to the donee upon the execution of the deed and that the donor
merely reserved to herself the possession and usufruct of the donated property.
- SH: The verb to inherit clearly implies the acquisition of property only from and after the death
of the alleged donors.
- The prohibition to alienate does not necessarily defeat the inter vivos character of the
donation
CLASSIFICATIONS OF DONATION INTER VIVOS

1. PURE OR SIMPLE - Cause is plain gratuity
2. REMUNERATORY OR COMPENSATORY - Made for the purpose of rewarding the donee for past
services
3. CONDITIONAL OR MODAL -Made in consideration of future service or where the donor imposes
conditions
4. ONEROUS - For valuable consideration. - Governed by law on contracts
Essential elements of a true donation

1. Alienation of property by the donor during his lifetime, which is accepted
2. Irrevocability (except for legal causes)
3. Animus donandi
4. Resultant decrease in the assets or patrimony of the donor
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PERFECTION OF DONATION: From the moment the donor knows the acceptance of the donee
(THEORY OF COGNITION)
- Before notice of acceptance, the donor/donee may withdraw.
- Acceptance must be made during the lifetime of the donor and donee
- An offer becomes ineffective upon the death, civil interdiction, insanity or insolvency of either
party before acceptance.
WHO MAY DONATE: In possession of capacity to contract and capacity to dispose of his
property.
- Donations cannot comprehend future property

- You cannot give what you do not have. Nemo Dat Quod Non Habet
- Donor’s capacity shall be determined at the time of the making of such donation
- No double donations
CAPACITY OF DONEE
- The law does not require that the donee must possess capacity to act. It is sufficient that he
must possess juridical capacity.
- Minors or unborn children may become donees - Acceptance by parents/LegalRep
- Donation may only be accepted personally or by authorized person with special power for
such purpose.
PERSONS DISQUALIFIED TO BECOME DONEES:

1. Guilty of adultery or concubinage at the time of the donation (Conviction not necessary)
2. Found guilty of the same criminal offense if the donation is made in consideration thereof
(Conviction necessary)
3. Public officers or their SDA if donation is made by reason of their office.
4. Those incapacitated to succeed by will
5. Spouses if donation is made during marriage except moderate ones
- If donation has already been made when the cause of unworthiness occurs, the donation is
not revoked.
FORMALITIES IN DONATION:
Donations of movable property
1. Value exceeds P5000 – donation and acceptance must be in writing either in private or
public instrument
2. Does not exceed P5000 – need not be in writing but there must be simultaneous delivery
of the thing or the document representing the right donated or else VOID.
Donation of immovable property

1. In a public instrument specifying the property donated and the burdens assumed by the
done, regardless of value
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2. Acceptance, which may either be in the same instrument or another public instrument,
notified to the donor in authentic form, and noted in both deeds
- If notification and notation are not complied, void.

- Strict and literal requirement of notation should be avoided if such will result not
in justice.
- Actual knowledge by the donor of the construction and existence of
school building pursuant to condition of donation fulfills the legal
requirement of notification of acceptance
- But if there was no evidence that the claimed donation has been accepted,
strict requirement must be observed.
- The donation must be registered in registry of property in order to bind third persons.
- BUT IT IS NOT REQUIRED FOR VALIDITY
EXTENT OF DONATION
- A donor may donate all his property or part thereof subject to these limitations:
1. He cannot donate future properties
2. He must reserve, in full ownership or in usufruct, sufficient means for the support of
himself and of all relatives who at the time of the acceptance of the donation are by
law entitled to be supported by him.
3. Legitime
- Donor must be the owner of the property AT THE TIME OF THE PERFECTION (Notification
of acceptance)
- If donor fails to make such reservation, the donation is not void but subject only to
reduction
- Inofficious - which prejudice the legitime
- Not void. It will only be reduced.
- It can only be determined at the death of the donor.
- No warrant against eviction and hidden defects in donation

EXCEPTIONS:
1. Bad faith on the part of the donor
2. Onerous
- Donor may separately donate ownership and usufruct

- Donor may provide reversion
PAYMENT OF DONOR’S DEBTS (OBLIGED BY DONOR AGAINST DONEE)

1. Only the debts which appear to have been previously contracted
2. Liable only to the value of the property donated
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- In absence of stipulation, the donee is only liable for the donation made in fraud of
creditors. Presumption to be such when at the time of the donation the donor did not
reserve sufficient property to pay his debts prior to donation
REVOCATION:
- GR: Irrevocable
EXCEPTIONS:
1. Subsequent appearance of children
2. Non fulfillment of charges imposed in donation
3. Ingratitude of donee
4. Inofficious
- If subsequent appearance of children, Revocation shall not be automatic. They must

institute an action
- PRESCRIPTION: 4 years from the birth of first child or from his legitimation,
recognition or adoption
- If onerous donation, Prescriptive period for revocation is 10 YEARS

- Donation is onerous when the donee is burdened with the obligation to utilize
the land donated for school purposes.
- Where the donation was subject to a condition that it should be used exclusively and
forever for school purposes only, the fact that the donee exchanged the donated
property for another bigger parcel of land to satisfy the requirement for the release of
fund for the construction of the school building is not considered a breach of terms
and conditions of donation. FOR THE PURPOSE REMAINS THE SAME: FOR THE
ESTABLISHMENT OF SCHOOL
REVOCATION BY REASON OF INGRATITUDE: Prescribes 1 year from the time the donor
had knowledge
- Action is not transmissible to the heirs
REVOCATION BY REASON OF INOFFICIOUSNESS

- Prescribes within 10 years from the death of the donor
-
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WILLS AND SUCCESSION

ELEMENTS
1. Subjective elements
2. Causal Element: Death
3. Objective Element: Inheritance
SUCCESSION - mode of acquisition by virtue of which the property, rights and

obligations to the extend of the value of the inheritance of a person are transmitted
through his death to another or others either by his will or operation of law
INHERITANCE - Property and transmissible rights and obligations existing at the time of his
death.
- It is acquired mortis causa and transmitted by death.

- Purely personal rights such as relating to family rights are extinguished by death and
cannot be transmitted.
- Patrimonial rights are transmissible to the heirs unless otherwise provided by law
- Successional rights are vested only upon the death. The rights are transmitted from
the moment of the death of the decedent
- Inheritance vests immediately upon the decedent’s death without a moment of
interruption.
- The ownership over the inheritance is passed to the heirs at the precise moment of
death and not at the time the heirs are declared nor at the time the partition nor the
distribution of properties
- The law in force at the time of the decedent’s death shall determine who the heirs
should be
- Interest prior to the death of the decedent is merely inchoate.
- No contract may be entered into upon future inheritance except in cases expressly
authorized by law.
FUTURE INHERITANCE - The succession must not have been opened at the time of the
contract.
- Exceptions: As when a person partitions his estate by an act inter vivos
DEATH - Cessation of life

- Life is not synonymous with civil personality. One need not acquire civil personality first
before he could die
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PRESUMPTIVE DEATH
- For the purpose of opening one’s succession, a person is presumed to be dead by
operation of law if:
1. ORDINARY ABSENCE -
1. After absence of 10 years.
2. 5 years if disappeared after age of 75
- Presumed to have taken place on the last day of the period of absence or
disappearance
2. QUALIFIED ABSENCE:
- 4 years:
A. On board a vessel lost during a sea voyage or airplane
B. In armed forces who has taken part in war
C. Danger of death under other circumstances
Subjective elements of succession

1. Decedent
2. Successors
a. Heirs
i. Compulsory - Succeed by force of law of the legitime
ii. Voluntary
iii. Legal/intestate - Died without a valid will
b. Devisees - Real property is given
c. Legatees - Personal property
Succession
1. Death of the decedent (actual or presumed)
2. Transmissible or descendible rights or properties
3. Transferee is alive (no predecease), willing (no repudiation), and capacitated to
inherit
WILL - An act whereby a person is permitted with the formalities prescribed by the law
to control to a certain degree the disposition of his estate to take effect after his death.
- All wills must be in writing

- A document which contains mere disinheritance is considered a will. Disinheritance of
a will is an act of disposition in itself.
- A survivorship agreement between the husband and wife with respect to their deposit
account in a bank is not a conveyance mortis causa.
- Making of a will is a purely personal act
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- It cannot be left in whole or in part to the discretion of third person

- Making of the will cannot be accomplished through the instrumentality of an agent or
attorney
- Testator cannot make a testamentary disposition n such a manner that another
person has to determine whether or not it is to be operative
- Will cannot be subject to compromise agreement
- Mere mechanical act of drafting the will may be done by third person
WHAT MAY NOT BE DELEGATED:

1. Designation of heirs, devises or legatees
2. Duration or efficacy of such designation including conditions, terms and substitution
3. Determination of portions they are to receive
EXCEPTION:
1. The manner of distribution of specific property or sums of money that the testator may
leave in general to specified classes or causes provided that the testator has already
determined the property or amount of money to be given
2. Designation of persons, institutions or establishments to which such property or sums
are to be given or applied provided that the testator has already determined the
class or cause to be benefited.
- In these cases, details in the execution are let to other person. Not the designation of
the heirs itself.
RULES IN INTERPRETATION
- Testate succession is preferred over intestacy
DOCTRINE OF PRECEDENCE OF PROBATE PROCEEDINGS OVER INTESTATE PROCEEDINGS -

Upon the discovery and probate of the decedent’s will, the letters of administration
shall be revoked and intestate proceedings be suspended.
- A testator’s will is treated and interpreted in a way that would render all of its
provisions operative
KINDS OF AMBIGUITIES: (LIA -PEA)

1. Latent/ Intrinsic Ambiguity - Cannot be seen from a mere perusal of the will
2. Patent/ Extrinsic Ambiguity - Appears upon the face of the instrument
HOW RESOLVED:
1. Determining the intention of the testator by examining the words of the will
2. Resorting to parol or extrinsic evidence EXCEPT ORAL DECLARATIONS.
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Invalidity of some dispositions

GR: The invalidity of one of several dispositions contained in a will does not result to the
invalidity of other dispositions
EXC: Unless it is to be presumed that the testator would not have made such other
dispositions if the invalid dispositions were not made.
RULE ON EXTENT OF LEGACY

1. If the testator owns the entire property:
GR: Every devise or legacy shall cover ALL INTEREST which the testator could have
device or bequeath
EXC: Unless clearly appears that they intended to convey less
2. If the testator owns a part or interest in property:

GR: It shall be understood limited to such part or interest
EXC: Unless testator expressly declares that he gives the thing in its entirety.
- The testator may subsequently acquire the interest of the third person in the property.
- IF NOT:
1. The heir upon whom the obligation is imposed or the estate must acquire interest of
the third person in the thing and give the same to the legatee or devisee
2. But if third person refuses to alienate the same or demands an excessive price, the
heir or the estate shall only be obliged to give the just value of the interest of the third
person.
RULE ON PROPERTIES ACQUIRED AFTER THE EXECUTION OF THE WILL:

GR: Not included among the properties disposed of
EXC: Unless it should expressly appear in the will itself that such was the intention of the
testator such as when the will covers of the whole estate or entire inheritance
VALIDITY:
1. Extrinsic or Formal Validity
- Governed by the laws of the country in which they are executed (Lex Loci
Celebrationis) and the law at the time it is made
- If executed in the PH, It is the law that should govern
2. Intrinsic or Testamentary provisions’ validity

- National law of the person whose succession is under consideration
- Law in force at the time of the testator’s death that governs
TESTAMENTARY CAPACITY:
Qualification and capacity to make a will:

- Governed by national law
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- Only NATURAL PERSONS are qualified to make a will

- A person suffering from civil interdiction is qualified to make a will because he is
deprived only of power to dispose property through inter vivos but not mortis causa
REQUIREMENT OF SOUNDNESS OF MIND:

1. Nature of the estate to be disposed
2. Proper objects of its bounty
3. Character of testamentary act
- It must be at the time of the execution of the will.

- Supervening incapacity does not invalidate an effective will
- It is not necessary that the mind be unbroken or unimpaired or unshattered by disease
- Mere weakness of mind or partial imbecility does not render a person incapable of
making a will
- It must not required that he must have knowledge of all the details of his properties
PRESUMPTION IN FAVOR OF SANITY

EXCEPTIONS:
1. When the testator, one month or less before the execution of the will was publicly
known to be insane
2. When the testator executed the will after being placed under guardianship or
ordered committed in either case for insanity and before said order has been lifted.
- Person who maintains the validity of the will has the burden or proving
KINDS OF WILLS:
1. NOTARIAL
2. HOLOGRAPHIC
FORMALITY OF WILLS
Notarial Will; Formalities (Art. 805) (SAMPAtAck)
1. Subscribed at the end by the testator himself or by the testator’s name written by
some other person in his presence and by his express direction
2. Attestation and subscription by three or more credible witnesses in the presence
of the testator and of one another.
3. Marginal Signatures by the testator or the person requested by him to write his
name and the instrumental witnesses in each and every page EXCEPT THE LAST
4. Page numberings
5. Attestation clause stating:
a. Number of pages used upon which the will is written
b. The fact that the testator signed the will and every page in the presence
of the instrumental witnesses
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c. The witnesses signed the will and all the pages in the presence of the
testator and of one another.
6. Notarial Acknowledgement
Common requirements in BOTH wills:

1. In writing
2. Language or dialect known to the testator
- A notarial will may either be entirely handwritten, partly handwritten by himself and
partly handwritten by another person, entirely printed, engraved or lithographed,
partly handwritten
- If the will is executed in a language or dialect not known to the testator, VOID
- This is applied even if the provisions of the will are interpreted and explained to the
testator
- There is no statutory requirement to state that testator knew the language
- The requirement does not apply to witnesses.
- Attestation clause need not be written in a language or dialect known to the testator
since it does not form part of the testamentary disposition
- Subscribed at the end by the testator himself or by the testator’s name written by
some other person in his presence and by his express direction
- Thumb mark or thumb print sufficient
- If cross mark was used as signature, there must be showing that the cross mark was
the testator’s habitual signature
TRUE TEST OF IN THE PRESENCE: Whether they might have been seen each other sign
had they chosen to do so at the moment of the inscription of each signature without
any physical obstruction which will prevent him in doing so
- If separated by curtains - not in the presence
REQUIREMENTS OF CAUSING ANOTHER PERSON TO WRITE TESTATOR’S NAME:

1. Written by some other person in his presence and by his express direction
2. Such person signed the will and every page thereof in the presence of the
instrumental witnesses
3. Person requested signed the TESTATOR’S NAME and not his
4. Fact is stated in the attestation clause.
- Any person may sign for him
End of the will - Logical end or where the last testamentary disposition ends
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- Where the signature is followed by dispositive provisions, even when the portion
of the instrument preceding the signature cannot be probated because the instrument
must be considered as a whole.
Attestation and subscription by three or more credible witnesses in the presence of the
testator and of one another.
Attestation - Act of senses. Witnessing the testator’s execution of the will in order to see
and take note mentally that those things are done as required.
Subscription - Mechanical act. It is the signing to the witnesses’ names upon the same
paper for the purpose of identification of such paper.
- If the attestation clause does not indicate the number of witnesses but the will clearly
shows four signatures, it is reasonable to conclude that there are three witnesses to
the will. Rule of substantial compliance may be applied.
- IF a witness or his or her spouse, parent or child has been made a devisee or a
legatee in the will to which he/she acts as a witness, he does not thereby become
disqualified as a witness
- But the LEGACY OR DEVISE IS VOID unless there are other three witnesses to such
will.
- If third witness is a notary public before whom thee will was supposed to have been
acknowledged- REQUIREMENT IS NOT SATISFIED.
- Effect: Not included as a witness. Will is void.
- A notary public cannot split his personality into two so that one will appear
before the other to acknowledge his participation in the making of the will.
Marginal Signatures by the testator or the person requested by him to write his name
and the instrumental witnesses in each and every page EXCEPT THE LAST
- Refers to PAGE and not to sheet or leaf or folio.
- If both pages of the sheet are used, both sides should bear signatures.
- The last page need not be signed because being the end of the will, it already
contains the testator’s signature.
- Location of marginal signature is not mandatory
- The inadvertent failure of one of the witnesses to affix his signature to one page of a
testament due to simultaneous lifting of two pages in the course of signing is not per
se sufficient to justify denial of probate.
- Page numberings
- Purpose is to guard against fraud and to afford means of preventing substitution or of
defecting the loss of any of its pages
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- If all dispositive parts are written in one page, no need for page numbering
- Attestation clause
- An attestation clause refers to that part of an ordinary will whereby the attesting
witnesses certify that the instrument has been executed before them and to the
manner of the execution of the same.
- Separate memorandum
- An unsigned attestation clause results in an unattested will
- Even if the instrumental witnesses signed the martin of the page containing the
unsigned attestation clause such is still VOID.
EFFECT OF OMISSION TO STATE ANY OF THE FACTS:

1. If attestation clause is the ONLY EVIDENCE of the fact required to be stated: Omission
is FATAL. Substantial compliance cannot be invoked.
EXAMPLES:
1. Failed to state that it signed in the presence
2. Failed to state that the testator did not personally sign
- It involves a MENTAL ACT. There would be no other means to ascertain.
2. If may be proven by MERE EXAMINATION OF THE DOCUMENT: NOT FATAL.

- Can be remedied by intrinsic evidence supplied by the will itself. Substantial
compliance will be applied
EXAMPLE:
1. Failure to state that all pages were signed
2. Whether the will is numbered
3. Number of witnesses
EFFECT OF FAILURE TO STATE NUMBER OF PAGES:

1. Liberal approach:
- Where the will states elsewhere the number of pages
2. Strict approach - FATAL

- No statement anywhere in the will
WHERE THERE IS DISCREPANCY: No substantial compliance
ACKNOWLEDGEMENT
- Before some competent officer and declaring it to be his act or deed.
- To safeguard the testators wishes and to assure that his estate is administered in the
manner he intends it to be done
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- Acknowledgement and attestation cannot be merged. Two distinct acts.

- Law does not require the signing of the testator and witness and notary to be
accomplished in one single act.
- Notary public cannot be witnesses
- Acknowledgement outside the place of the commission of the notary public - VOID.
- Mere jurat is fatally defective
JURAT - The notary certified that before him/her the document was subscribed and
sworn to by the executor.
SPECIAL REQUIREMENTS: If not complied VOID

1. If testator is deaf or deaf mute
1. If Testator is able to read and write, he must personally read the will
2. If unable to read and write: Designate two persons to read it and
communicate to him the contents
- Law does not require that the person shall be the instrumental witnesses.
2. If blind:
1. Read to him twice. Once by the subscribing witnesses and by notary public
- Applies also to illiterate or poor eyesight
Doctrine of Liberal Interpretation (Art. 809)

1. Defects and imperfections must be in the form of the attestation or in the
language used therein;
2. There must be no bad faith, forgery, fraud or undue and improper pressure and
influence in the execution of the attestation clause
3. It must be proved that the will was in fact executed and attested in substantial
compliance with all the requirements of Art. 805.
Holographic Will; Formalities (Art. 810) (HW)

1. Entirely written by the hand of the testator
2. Entirely dated by the hand of the testator
3. Entirely signed by the hand of the testator
4. Executed in a language or dialect known to the testator
- HW may be made in or out of the PH and need not be witnessed.
- Entirely written by the hand of the testator
INSERTION OF WORDS WRITTEN BY ANOTHER PERSON:

1. If made after the execution of the will and without the consent of the testator -
CONSIDERED NOT WRITTEN
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2. Made after the execution of the will but with the consent of the testator - WILL
REMAINS VALID BUT THE INSERTION IS VOID
3. If made after the execution of the will but validated by the testator by his signature -
BECOMES PART OF THE WILL THUS - ENTIRE WILL BECOMES VOID.
4. Insertion is contemporaneous to the execution of the will - WILL IS VOID.
- HW shall include the day, month and year. If only month and year - substantial
compliance if no appearance of bad faith
- Date may be placed anywhere
- Does not require that it be completely executed in a single day.
- The signature must be his usual and habitual signature
- Signing by means of thumb mark - NOT VALID
- Probate:
- If contested - 3 witnesses shall be required
- Not contested - At least one
- Photocopy of the holographic will may be allowed
ADDITIONAL DISPOSITIONS BY THE TESTATOR:

- Written below his signature: Must be dated and signed by him to be valid.
- If not dated even if signed, Such particular disposition ONLY shall be void
- If signed but not dated and the last disposition has signature and date -
VALIDATED
INSERTION, CANCELLATION, ERASURE OR ALTERATION:

- Testator must authenticate the same by his FULL SIGNATURE.
- FULL SIGNATURE - testator’s habitual, usual and customary signature.
- If not authenticated - Considered not made but will is not invalidated.

- Where testator himself crossed out the name of the heir and substituted the name of
another without authentication, It was held that it did not result in making the person
whose name was crossed as heir.
EXTRINSIC VALIDITY OF WILL EXECUTED BY ALIENS ABROAD: (DI NA PO LOVE)

1. Law of place of domicile
2. Nationality
3. Philippines
4. Law where it was executed
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EXTRINSIC VALIDITY OF WILL EXECUTED BY ALIENS IN PH

1. Law of his nationality
2. Philippines
JOINT WILL - One where the same instrument is made the will of two or more persons
and is jointly signed by them either for their reciprocal benefit or for the benefit of third
persons.
- Void if done by filipinos regardless of place

- if by Foreigners outside PH and valid there - VALID HERE IN PH.
MUTUAL WILLS - Separate wills of two persons which are reciprocal in their provisions -
VALID
DISPOSICION CAPTATORIA - Disposition made upon the condition that the heir shall
make some provision in his will in favor of the testator or of any other person - VOID
Witness to Notarial Wills (Art. 820)

1. Of sound mind
2. Age of 18 years or more
3. Not blind, deaf or dumb
4. Able to read and write
5. Domiciled in the Philippines
6. Has not been convicted of falsification of a document, perjury, or false testimony
- The requirement that the witnesses must be domiciled in the PH applies only if a
FILIPINO CITIZEN EXECUTES HIS WILL IN THE PH.
- If he executes it in a foreign country, The allows him to follow the formalities of
the place of execution
EFFECT IF A WITNESS RECEIVES BY WAY OF LEGACY OR DEVISE:

- If Spouse, Parent, Child are recipients - VOID
- EXCEPT there are other 3 witnesses.
CODICIL AND INCORPORATION BY REFERENCE

Codicil - A subsequent instrument which explains the original will or alters or adds to it made
after the execution of the will.
-If the latter instrument makes dispositions independent of those in the original without explaining
or modifying such will, then it is a new will.
FORMS REQUIRED FOR CODICIL: Executed as in the case of a will.
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- If Original will is notarial - Codicil may be in Notarial or holographic or vice versa

-
Incorporation by reference (Art. 827)
1. The document or paper referred to in the will must be in existence at the time of
the execution of the will
2. The will must clearly describe and identify the same, stating among other things
the number of pages thereof
3. It must be identified by clear and satisfactory proof as the document or paper
referred to therein
4. It must be signed by the testator and witnesses on each and every page, except
in case of voluminous books of account or inventories
- APPLIES ONLY TO NOTARIAL WILLS
REVOCATION OF WILLS AND TESTAMENTARY DISPOSITION

- A will may be revoked by the testator at any time before his death even if the will was already
probated
- Any waiver or restriction of the right to revoke the will is void but it shall not affect the validity of
the will
LAWS GOVERNING THE VALIDITY OF REVOCATION:

1. Revocation outside the PH:
1. By a person not domiciled in the PH:
1. According to the law of the place where the will was made
2. Law of the place in which the testator had domicile at the time of the
revocation
2. Done in PH: Accordance with PH laws
MODES OF REVOKING WILLS:

1. By implication of law
2. Subsequent will, codicil or instrument
3. Physical destruction
REVOCATION BY IMPLICATION OF LAW:

- Nullify or render inoperative either the will itself or some testamentary disposition
REVOCATION BY SUBSEQUENT INSTRUMENT

- Expressly or impliedly
EXPRESS: There is a revocatory clause expressly revoking the will or part thereof
- Subsequent will must possess all the requisites of a will and it should be probated
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DOCTRINE OF DEPENDENT RELATIVE REVOCATION - A subsequent will containing a clause

revoking a previous will having been disallowed for the reason that it was not executed in
conformity with the law cannot produce the effect of revoking the will and said revocatory
clause is VOID.
EXCEPTION: The revocation made in a subsequent will shall take effect even if the new will
should have become inoperative if the reason is either:
1. Incapacity of heirs or devises
2. Renunciation or repudiation
FALSE OR ILLEGAL CAUSE: When the testator declares in a latter will that he revokes a former will
because of a certain cause, which turns out to be false or illegal, the revocation is NULL AND
VOID.
- For it to apply, it is necessary that the fact or cause must appear UPON THE FACE of the
instrument. Parol evidence is not competent to prove that it was induced by false cause.
IMPLIED REVOCATION:
- Partially or absolutely inconsistent with those of the previous will.
- Annuls only dispositions that are inconsistent
- REVOCATION of will does not affect recognition in a will
Revocation by destruction of will (Art. 830)

1. Completion of the subjective phase
2. Actual physical act of destruction
3. Testamentary capacity at the time of performing the act of destruction
4. Performed by the testator himself or by some other person in his presence, and
by his express direction
5. Intent to revoke (animus revocandi)
- If Unauthorized destruction - No revocation

-
- When will may still be established when destruction was done by some other person
without the express direction of the testator
1. Contents
2. Due execution
3. Fact of unauthorized destruction
Must be established
PRESUMPTION OF REVOCATION: Where a will cannot be found and it was shown to have
been in the possession of the testator, when last seen, the presumption is, in the case of
absence of other competent evidence, that the same is cancelled or destroyed.
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REPUBLICATION OF WILLS
- Re execution or reestablishment by a TESTATOR of a will. It requires a positive act of the
testator.
TWO WAYS OF REPUBLISHING WILLS:

1. Reproducing the contents of a previous will in a subsequent will
2. By execution of Codicil referring to the previous will to be republished.
- If there previous will is void as to its form, it can only be republished by REPRODUCING
the provisions. There is no other way.
- If void because of other reasons, it may be republished by either 2 ways
REVIVAL OF WILLS - Process of renewing or restoring the operative face of a will which
had once been revoked by the testator. - BY OPERATION OF LAW
1. EXPRESSLY REVOKING FIRST - The revocation of the second will does not revive the first
will.
2. IMPLIEDLY REVOKING FIRST - Revocation of second will AUTOMATICALLY REVIVES the
first
PROBATE - Prove before some officer or tribunal vested by law that the instrument
offered to be proved is the last will and testament of the deceased person.
- MANDATORY. No will shall pass either real or personal property unless it is proved and
allowed in accordance with ROC
- Imprescriptible
- But once probated, action for annulment of a will may be barred by res judicata and
prescription. - BUT TESTATOR MAY STILL REVOKE SUCH WILL EVEN PROBATED.
- Probate generally deals with extrinsic validity
- Probate of will is conclusive to the due and execution and extrinsic validity of the will
- No distribution of estate can be done until and unless the will pass both its extrinsic
and intrinsic validity
GROUNDS FOR DISALLOWANCE OF WILL

1. Failure to comply with the formalities required by law
2. Testator was insane or otherwise mentally incapable of making a will at the time of
the execution
3. Executed through force or undue influence
4. Procured by undue and improper pressure and influence on the part of the
beneficiary
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5. Signature was procured by fraud

6. Testator acted by mistake or did not intend that the instrument he signed be his will
7. Below 18
INSTITUTION OF HEIRS
Requisites for a valid institution (Art. 840)
1. The will must be extrinsically valid
a. Testator must be capacitated
b. Formalities must be observed
c. No vitiated consent
d. Will must have been duly probated
e. The will must have been the personal act of the testator
2. The institution must be intrinsically valid
a. The legitime must not be impaired
b. The heir must be certain or ascertainable
c. No preterition
3. The institution must be effective
a. No predeceased heir
b. No repudiation by the heir
c. No incapacity of the heir
- Where the heir instituted is not living at the time of the death of the testator, the
institution is not effective.
- If the heirs are instituted without designation of shares - EQUAL PARTS
- When the testator institutes some heirs individually and others collectively -
CONSIDERED AS INDIVIDUALLY DESIGNATED.
- If the testator institutes bro-sis and he has some of full blood and half blood, the
inheritance shall be considered as equal. FOR TESTATE ONLY
- FOR INTESTATE- Full blood is entitled to double that of the half blood
- When the testator institutes a person and his children, they are all deemed to have
been instituted simultaneously
STATEMENT OF FALSE CAUSE - Considered not written.

- Unless it appears that the testator would not have made such institution if he
had known the falsity of such cause.
Annulment of institution of heirs based on false cause(Art. 850)

1. Cause of institution of heirs must be stated in the will;
2. Cause must be shown to be false
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3. It must appear from the face of the will that the testator would not have made
the institution had he known the falsity of the cause
Preterition (Art. 854)

1. Heir omitted must be a compulsory heir in the direct line BY MEANS OF A WILL
2. The omission must be complete and total in character, meaning that the omitted
heir does not and has not received anything at all from the testator by any title
whatsoever
3. The compulsory heir omitted must survive the testator
- If descendants left no descendants, legitimate or illegitimate, the omission of parents

from the will results from preterition
- Surviving spouse - not direct line. No preterition
- No preterition is was allowed a share less than his legitime. Only completion of
legitime.
EFFECTS:
1. Shall annul entirely the institution of heirs
2. Legacies and devises shall be valid insofar as they are not inofficious
PRETERITION INEFFECTIVE DISINHERITANCE
Omission in the testator’s will Testamentary disposition depriving any

compulsory heir of his share in his legitime for a
cause authorized by law.
Annulment of institution of heirs Shall also annul the institution of heirs but only
insofar as it may prejudice the person disinherited
May or may not be intentional Intentional
RIGHT OF REPRESENTATION IN TESTAMENTARY SUCCESSION:

- Allowed only to the LEGITIME.
- When such heir is predeceased, incapacitated or validly disinherited.
- But no right of representation if repudiated.
- In case of representation, the representative inherits NOT FROM THE PERSON
REPRESENTED but from the one whom the person represented would have
succeeded.
SUBSTITUTION OF HEIRS
Kinds of substitution:
1. Simple/Common/Vulgar - Testator designates one or more persons to substitute the heir or
heirs instituted in case of Incapacity, predecease or renunciation (PIR).
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Grounds for Substitution

1. If without statement of grounds - PIR
2. If stated - That shall govern
Brief - 1 instituted is substituted by 2 or more
Compendious - 2 or more instituted is substituted by one
Reciprocal - When two or more persons reciprocally substitutes for each other.
EFFECT: Steps in to the shoes.
Fideicommissary Substitution (Art. 863 – 865)

1. First heir (fiduciary) primarily called to the enjoyment of the estate
2. Second heir (fideicommissary) to whom the property is transmitted by the first heir
3. An obligation clearly imposed by the testator (fideicomitente) upon such first heir
to preserve the estate and to transmit it to the second heir
Second heir (Fideicommissary)

1. Must not go beyond one degree from the heir originally instituted
2. Must be living at the time of the death of the testator
- If died, Considered as not written.
- There must be CLEAR and absolute obligation to deliver the inheritance to the
second heir
- Substitution must not burden legitime.
- If invalid Fideicommissary - The first heir is no longer obliged to preserve.
- IF VALID:
- Fiduciary acquires nothing more than a usufruct
- The fidaecommissary does not succeed the fiduciary from the testator upon the
latter’s death. Thus even if he should die before the fiduciary, his right passes to
his heirs.
PROHIBITION OF INALIENABILITY:
1. WHERE THERE IS NO FIDAECOMMISSARY SUBSTITUTION:
- The testator may not validly declare the legitime as inalienable.
- If free portion, May validly prohibit but for a period of not exceeding 20 years
- If heir dies before 20 years, The property BECOMES FREE
- If heir lives for more than 20 years, the property becomes free AFTER 20 YEARS.
2. WHERE THERE IS FIDAECOMMISSARY SUBSTITUTION:

- Testator may validly prohibit even if more than 20 years.
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- Testator cannot likewise prohibit alienation of the property even if the fiduciary should
die before that period.
OTHER INEFFECTIVE DISPOSITIONS:

- Imposing heirs of paying to various persons successively a certain income or pension
beyond the limit prescribed shall not take effect
CONDITION, MODE AND TERM

- Testator is free to impose these on TESTAMENTARY DISPOSITIONS but only to free
portion.
Caucion muciana - If the potestative condition consist in not doing or not giving
something, the instituted heir or devises or legatee is entitled to the immediate delivery
of the property after the testator’s death but upon giving of a security or bond.
IMPOSSIBLE CONDITIONS:
- Shall be considered not imposed and shall not affect the validity of the institution.
PROHIBITION TO MARRY:
GR: Absolute condition not to contract marriage is not valid and shall be considered
not written.
EXC: If imposed on the widow or widower by the deceased spouse or by the latter’s
ascendants or descendants - VALID. (RESOLUTORY IN CHARACTER)
- but cannot be validly imposed on legitime
- If the prohibition is relative with respect to persons, time or place - VALID

- Prohibition is not applicable to a condition to marry someone - IT IS VALID
MODE - Imposes an obligation upon the heir but it does not affect the efficacy of his
rights to the succession.
- It is not considered a condition unless it clearly appears.
- In case of doubt - MODE than CONDITION
EFFECT OF MODE: The latter can claim the immediate deliver of inheritance subject to
the giving of the bond. Bond is condition precedent to delivery.
LEGITIME
- Testator cannot deprive his compulsory heirs of their legitime except in case of disinheritance
- Testator cannot impose any burden, charge, encumbrance, condition or substitution of any
kind to the legitime
EXCEPTIONS:
1. Testator may prohibit partition for a period of not exceeding 20 years
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KIND OF COMPULSORY HEIR PERSONS INCLUDED NATURE OF THEIR RIGHT
Primary Legitimate children

Excludes secondary heirs
Descendants
Secondary 1. Legitimate parents and or They have legitime ONLY IN THE

ascendants
ABSENCE OF PRIMARY HEIRS.
2. Illegitimate Parents
Thus:
1. Legitimate parents and/or

ascendants succeed only in
default of legitimate children/
descendants
2. Illegitimate parents succeed

only in the absence of any
legitimate or illegitimate
descendants
Concurring 1. Surviving spouse

They succeed TOGETHER with
2. Illegitimate children and or primary or secondary
descendants
TABLE OF LEGITIMES
SURVIVING HEIRS LEGITIME SHARING
1. Legitimate child or children 1/2 of the estate Equally if two or more
2. Legitimate children and 1. Legitimate children - 1/2

The share of the surviving
surviving spouse 2. Surviving Spouse - Equal to spouse will be taken from the
legitime of each legitimate free portion
child
3. One legitimate child and 1. Legitimate children - 1/2
surviving spouse 2. Surviving Spouse - 1/4
4. Legitimate Children and 1. Legitimate children - 1/2

2:1 for legitimate:Illegitimate
Illegitimate Children 2. IC- 1/2 of the share of one
legitimate
5. Legitimate Parents and 1. Legitimate Parents - 1/2
Surviving spouse 2. Surviving Spouse - 1/4
6. Surviving Spouse and Illeg 1. Surviving Spouse - 1/3
Children 2. Illeg Children - 1/3
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SURVIVING HEIRS LEGITIME SHARING
7. One LC, Illeg Children and 1. One LC - 1/2
SS 2. SS - 1/4
3. IC - 1/4
8. Leg Children, Illeg Children, 1. Legitimate children - 1/2
and SS 2. Illeg Children - 1/2 that of one

legitimate child
3. Surviving Spouse - Equal to

legitime of each legitimate
child
Legitimate parents alone 1/2 of the estate
Legitimate parents and 1. Legitimate parents - 1/2
Illegitimate Children 2. Illeg Children -1/4
Legtimate parents, Illeg 1. Legitimate Parents - 1/2
Children, SS 2. Illeg Children - 1/4
3. Surviving Spouse - 1/8
Surviving spouse alone 1/2 of the estate
Illegitimate children alone 1/2 of the estate
Surviving spouse and 1. Surviving Spouse - 1/4
Illegitimate parents 2. Illegitimate parents - 1/4
Illegitimate parents alone 1/2 of the estate
Reserva Troncal; Resolutory Conditions (Art. 891)

1. Death of the ascendant obliged to reserve
2. Survival at the moment of relatives within the third degree belonging to the line
from which the property came
Reserva Troncal
1. The property should have been previously acquired by gratuitous title by the
descendant from another ascendant or from a brother or sister
2. The property should have been acquired by operation of law by an ascendant
from his descendant upon the death of the latter
3. The descendant should have died without any legitimate issue in the direct
descending line who could inherit from him
4. There are relatives of the descendant propositus who are within the third(3rd)
degree and who belongs to the line from which the property came
Personal Elements of reserva troncal
1. Originator – the ascendant, brother, or sister from whom the propositus had
acquired the property by gratuitous title
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CIVIL LAW REVIEWER
2. Propositus – the descendant who died and from whose death the reservista in
turn had acquired the property by operation of law
3. Reservista – the other ascendant who is obliged to reserve the property for the
benefit of the relatives of the propositus who are within the third(3rd) degree and
who belong to the line from which said property came
4. Reservatarios - relatives of the propositus who are within the third(3rd) degree
and who belong to the line from which said property came
- All persons in order that the reserve may exist must be LEGITIMATE RELATIONS
- Reserva troncal merely determines the group of relatives to whom the property
should be reserved. Ordinary intestate succession is thus applied.
- The alleged reservists must be an ascendant of the proposiatus. If reservists is a
collateral relative, NO RESERVA TRONCAL
- First cousins of the propositus (4th civil) cannot be considered reservatarios
- The only exception is in the case of Nephew/niece of the propositus who have
the right to represent their ascendants (Fathers/mothers) who are brothers or
sisters of the propositus and relatives within 3 degrees
THREE LINES OF TRANSMISSION

1. By gratuitous title whether by inheritance or donation from ASCENDANT/BRO/SIS to
propositus
2. By operation of law from the propositus to the other ascendant or reservista
3. From reservista to the reservatarios who must be relatives within 3rd civil degree of the
origin
- If there is no reservatario oath the time of reservista’s death, the property passes to
the heirs of the reservista
- If the property was inherited from decedent by maternal aunt - no reserva because
maternal aunt is not an ascendant but a COLLATERAL RELATIVE
- The reservista may alienate the the same but subject to reservation that it is
revolvable upon the survival of reservatarios at the time of the death of the reservista
- Reservable property cannot be transmitted mortis causa
- During the lifetime of the reservista, the right of the reservatario is merely inchoate
- The reservable character of a property may be lost to innocent purchasers for value.
REQUISITES OF RESERVATARIOS:
1. He must be within 3rd degree from the propositus - Reservatarios do not inherit from
the reservista but from the propositus.
2. He belongs to the same line from which the property came
3. Must be related by blood not only from the propositus but also to other ascendant/
bro-sis from which the property came
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CIVIL LAW REVIEWER
DISINHERITANCE
Requisites
1. For a cause expressly stated by law
2. Effected only through a valid will
3. Cause must be certain and true
4. Unconditional
5. Total or complete
6. Cause must be stated in the will itself
7. The will must not have been revoked
8. For an existing cause
9. The heir disinherited must be designated in such a manner that there can be no doubt as
to his identity
- Legal cause must be specified in the will itself
EFFECT OF INEFFECTIVE DISINHERITANCE:

- Annulment of the institution of heirs insofar as it may prejudice the legitime of the person
disinherited but devises and legacies and other dispositions shall be valid.
- Disinherited heir shall be simply restored.
INEFFECTIVE DISINHERITANCE IF:

1. Without specification of cause
2. Cause is not proved
3. Cause which is not one of those authorized by law
LEGAL CAUSES FOR VALID DISINHERITANCE:
1. Causes common to all compulsory heirs:

A. Conviction of final judgment of an attempt against the life of the testator, his/her
descendants or ascendants
Disinheritance due to an attempt against the life of the testator, his/her descendants or
ascendants, and spouse in case of children and parents
1. The disinherited heir must have committed either attempted or frustrated parricide
2. He must have been convicted for said criminal offense
B. Accusing the testator of a crime for which the law prescribes an imprisonment for six
years or more if found groundless or false
On the ground that the heir accused the testator of a crime
1. Heir accused the testator of a crime, either in the capacity of a complainant or witness
2. Penalty for the crime is imprisonment for 6 years or more
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3. There must be a judicial declaration that the accusation has been found groundless,
depicted by a pronouncement that the crime was not committed, and not merely
because guilt was not proven beyond reasonable doubt
C. Heir causes the testator to make a will or to change one already made by fraud,
violence, intimidation
D. Unjustifiable refusal to give support.
OTHER GROUNDS TO DISINHERIT CHILDREN OR DESCENDANTS:

1. Child or descendant has been convicted of adultery or concubinage with the spouse of the
testator.
2. Maltreatment of the testator by word or deed
3. Dishonorable or disgraceful life
4. Conviction of crime carrying civil interdiction
OTHER GROUNDS TO DISINHERIT PARENTS/ASCENDANTS:

1. Abandonment or induced daughter to live a corrupt or immoral life
2. Convicted of adultery or concubinage with the spouse of testator
3. Loss of parental authority
4. Attempt to life against testator unless reconciliation.
Reconciliation (Art. 922)

1. Pardon
2. Acceptance of pardon
- Subsequent reconciliation deprives the right to disinherit
LEGACIES AND DEVISES

- Taken from free portion
OWNER EFFECT
Partly belongs to the testator 1. Understood that it is on the part owned only
2. It may be expressly provided that the while

thing is included in which case the estate must
acquire the part not belonging
Belonged to testator at the time of the 1. Without effect
execution of the will but later alienated in - It is not revived despite the nullity of the
whole or in party to third person alienation and even if reacquired.
Does not belong to testator 1. VOID - Erroneously believed
2. Effective - If testator ordered acquisition. If third

person does not want to sell it, He gets money
equivalent
3. Effective - If the testator knew that the ting

does not belong to him and intent is to acquire
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OWNER EFFECT
Did not belong to the testator at the time the Effective

will is executed but afterwards becomes his
Already owned at the time of the execution Ineffective
Belongs to testator but was mortgaged before Estate must pay the debt
or after execution of will
Burdened by temporary or perpetual charge Passes with burden and shall respect it until
like usufruct extunguished.
Legacy of credit - Legacy against a third person, or of the remission or release of debt effective
only as regards that part of the credit or debt EXISTING AT THE TIME OF THE DEATH of testator
- Shall lapse if filed an action against debtor
Legacy/Devise of things belonging partly to another and the testator declares that he bequeaths
or devises the thing in its entirety (Art. 929)
1. An express declaration to that effect appearing in the will itself
2. Knowledge on the part of the testator that the thing belongs partly to a third person (can
be proven from the context of the will or from extrinsic evidence)
GROUNDS FOR REVOCATION OF LEGACIES

1. Testator transforms the thing bequeathed in such manner that it does not retain either the
form or denomination
2. Testator alienates the thing or any part thereof
EXCEPT: If after the alienation it shall belong to the testator, even if by reason of nullifying
the contract, The legacy shall NOT THEREAFTER BE VALID.
3. Total loss
LEGAL OR INTESTATE SUCCESSION

Requisites
1. Provisions of law conferring legal or intestate succession
2. The absence of the will of man as expressed in a testament
RULE OF PREFERENCE BETWEEN LINES

1. Persons in direct descending line exclude those in direct ascending line and
collateral line.
2. Persons in direct ascending line exclude those in the collateral line
RULE OF PROXIMITY - Relative nearest in degree excludes the more distant one.
EXCEPT: Right of representation
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IRON CURTAIN RULE - There is a separation between the legitimate family and the
illegitimate family. The illegitimate family cannot inherit intestate from the legitimate
family
EXAMPLE: Legitimate children of parent of illegitimate parents.
- Not applicable to appointment of administration .

- There is separation of the adopted and the relatives of the adopter.
REPUDIATION BY ALL IN THE SAME DEGREE - If the inheritance should be repudiated by

the nearest relative, should there be one only, or by all the nearest relative called by
law to succeed, those of the following degree shall inherit in their own right and cannot
represent the person or persons repudiating the inheritance.
RIGHT OF REPRESENTATION - Representative is raised to the place and degree of the

person represented.
- Representative is not disqualified to represent the heir whose inheritance he has

renounced.
REPRESENTATION IN THE DIRECT AND COLLATERAL LINES:

1. Direct line - Neve in ascending line.
- Only legitimate children can represent legitimate child of the decedent
- Both legitimate and illegitimate children can represent an illegitimate child of
the decedent.
2. Collateral line - In favor of children of brothers or sisters whether of full or half blood
and only when they concur with one or more uncle or aunts.
- NO REPRESENTATION IN REPUDIATION
- ONLY DIP - Disinheritance, Incapacity or predecease
ORDER OF INTESTATE
1. Legitimate children or descendants
2. Legitimate parents or ascendants
3. Illegitimate children or descendants
4. Surviving spouse
5. Brothers and sisters, nephews and nieces
6. Collateral relatives within 5th civil degree
7. State
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Escheat
1. Decedent died intestate
2. He dies seized of real and/or personal property located in the Philippines
3. He leaves no heir or person entitled to such real and personal property
PROVISIONS COMMON TO INTESTATE AND TESTAMENTARY

SUCCESSION
Right of Accretion (Art.1015)
1. Two(2) or more persons must have been called to the same inheritance, legacy
or devise, or to the same portion thereof, pro indiviso, and
2. There must be a vacancy in the inheritance, legacy or devise (cause by
predecease, incapacity, repudiation, non-fulfillment of suspensive condition or
void or ineffective dispositions
ACCRETION IN INTESTATE:
- If several relatives of the same degree and one or some of them are unwilling or
incapacitated, his portion shall accrue to others of the same degree.
EXCEPT: In case of Predecease, Incapacity or unworthiness, Right of
representation prevails.
Requisites of Art. 1016, No. 1 (Pro Indiviso)

1. Unity in the object, that is, a single thing whether it be an inheritance, a portion
of an inheritance, or a specific thing
2. Plurality in the subject matter, that is, several persons, heirs or legatees called to
that single thing
3. Absence of any designation as to the share of each in the thing
Capacity to Succeed by Will or Intestacy

1. The heir, legatee/devisee must be living or in existence at the moment the
succession opens
2. He must not be incapacitated or disqualified by law to succeed
Incapacity of the priest who heard the confession of testator during his last illness, or the
minister of the gospel who extended spiritual aid to him during the same period (Art.
1027)
1. The will must have been executed during the last illness and after the confession
because if it were before, the reason for the incapacity does not exist
2. That the testator die of the illness wherein the confession was made even though
there should exist an interval between the confession and the death or that the
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death proceed from an accident which may or may not proceed from said
illness
3. That the disposition in the will should be in favor of said priest or minister, his
relative, or church.
Incapacity of the guardian (Art. 1027)

1. The will was executed by the ward favor of the guardian
2. It was executed before the final accounts of the guardianship have been
approved, even if the testator should die after approval thereof.
ALSO DISQUALIFIED TO INHERIT:

1. Any physician, surgeon, nurse, health officer or druggist who took care of the testator
during the last illness.
2. Disqualification in donation also applies
Repudiation (Art. 1043)

1. Certainty of the death of the decedent
2. Certainty of the right to the inheritance
WHO CAN ACCEPT AND REPUDIATE:

- Persons with capacity to act or any person having free disposal of his property.
- Parents or guardians may only repudiate the inheritance of their wards only if there is
judicial authorization
COLLATION
1. Mere mathematical operation by the addition of the value of donations made by
the testator to the value of the hereditary estate
2. Return to the hereditary of the property disposed of not by lucrative title by the
testator during his lifetime.
- When the grandchildren who survive with their uncles, aunts or cousins, inherit from
their grandparents in representation of their father or mother, they shall bering to
collation all that their parents if alive would have been obliged to bring even if they
did not inherited the property.
- They shall also bring to collation all that they received from the decedent
during his lifetime, unless the testator has provided otherwise.
- Parents are not obliged to bring collation in the inheritance of their ascendants any
property which may have been donated by the later to their children.
Extrajudicial Settlement ( Rule 74, Sec. 1 Rules of Court)

1. Decedent died intestate
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2. Estate has no outstanding debts at the time of the settlement

3. Decedent’s heirs are all of age or the minors are represented by their judicial or
legal representatives
4. The settlement was made by means of a public instrument or affidavit filed with
the Register of Deeds
5. The fact of such judicial settlement must be published in a newspaper of general
circulation in the province once a week for three (3) consecutive weeks
Judicial summary settlement (Rule 74, Sec. 2 ROC)

1. Court intervention by summary proceeding
2. Gross value of the estate does not exceed P10, 000
3. Available even if there are debts
Legal redemption
1. Several co-heirs
2. One of them sells his right to a stranger
3. Sale is made before the partition
4. Right of redemption must be exercised by only one or more of the co-heirs
5. It must be exercised within 1 month from the time they were notified in writing by
the co-heir vendor
6. The vendee is reimbursed for the price of the sale
_____________________________________________________________________________________________
Sorry for all the typographical errors. Good luck and God bless you! Kindly pass
this or pay it foward! In God's perfect timing I know you will be the person you
aspire to be.
- Edward Arriba
!119

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PERSONS AND FAMILY RELATIONS

CIVIL LAW COMMON LAW SYSTEM

What is a newspaper of general circulation? (Art. 2 New Civil Code)

- Effectivity date is on the 16th day

PRESUMPTION OF KNOWLEDGE OF LAWS

- No conclusive presumption of foreign laws.

DOCTRINE OF PROCESSUAL PRESUMPTION / DOCTRINE OF PRESUMED IDENTITY APPROACH - Our

GR: Prospective application of laws

Requisites of a valid waiver (Art. 6 NCC)

EFFECT OF REPEAL OF REPEALING LAW:

- Only SC decisions establish jurisprudence and doctrines in our jurisdiction

Requisites to make a custom an obligatory rule (Arts. 11 and 12 NCC)

- First day is excluded and last day is included

- Divorce by both Filipinos - Void because it is contrary to public policy

- When executed before the diplomatic or consular officials of RP in foreign country, it is as if

LEX LOCI VOLUNTATIS - Law voluntarily agreed upon by the parties.

LEX LOCI INTENTIONIS - Law intended by them either expressly or implicitly

Elements of abuse of right (Art. 19 NCC)

GR: Mere breach of promise to marry is not per se an actionable wrong.

2. When plaintiff actually incurred expenses.

Acts Contra Bonus Mores (Art 21 NCC)

Principle of Unjust Enrichment/ Application of Action in Rem Verso (Art 22)

- If there is an obtainable action - SOLUTION INDEBITI SHALL BE APPLIED.

UNFAIR COMPETITION REQUISITES:

EX DELICTO - Civil liability arising from the crime.

EFFECT OF ACQUITTAL UPON EX DELICTO

Prejudicial Question (Art. 36)

PREJUDICIAL QUESTION IN MARRIAGE:

EXCEPTIONS: (THERE IS PREJUDICIAL QUESTION)

2. IF SECOND MARRIAGE IS ALLEGED TO BE VOID - No Prejudicial question

EXCEPTION TO THE EXCEPTION:

JURIDICAL CAPACITY CAPACITY TO ACT

Inherent in every natural person. Not acquired Not inherent. It is acquired

Lost only through death Lost through other means

Cannot be limited or restricted Can be limited or restricted

Restriction of capacity to act:

EFFECTS OF CIVIL INTERDICTION:

CIVIL PERSONALITY - Same as juridical personality. Fitness to be subject of legal relations.

BEGINS: Birth determines civil personality

CONSEQUENCES OF PROVISIONAL PERSONALITY:

ARTICLE 43 NCC RULE 131 ROC

When question of survivorship involves No question of succession

1. No proof as to who died first 1. No proof as to who died first

In the absence of proof, they shall be ROC RULES GOVERN

Elements of Domicile (Art. 50)

Essential Requisites of Marriage (Art. 1 Family Code) (E-LC)

Formal requisites of Marriage (Art. 2 FC) (F-OLC)

ABSENCE, DEFECT OR IRREGULARITY EFFECT

Absence of any of Essential requisites VOID

Absence of any of the Formal requisites VOID

Except: In case of authority of solemnizing oﬃcer,

Defect in consent Voidable

ARTICLE 37: Incestuous marriages:

Article 38: Void by reason of public policy

- If purpose is to acquire American citizenship - VALID

VALID MARRIAGE LICENSE

OTHER REQUIREMENTS FOR ISSUANCE OF MARRIAGE LICENSE:

PARENTAL ADVICE - If a party is between 21 and 25 parental advice is required.

CERTIFICATE OF MARRIAGE COUNSELING - If any party is between 21 and 25.

PUBLICATION OF APPLICATION FOR ISSUANCE OF LICENSE - Must be published for 10 consecutive

CERTIFICATE OF LEGAL CAPACITY TO CONTRACT MARRIAGE - If either or both parties are

CERTIFICATE OF COMPLIANCE IN FAMILY PLANNING SEMINAR

MARRIAGES EXCEPT FROM LICENSE REQUIREMENT: