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Chammy Diamond Notes in Civil Law Bar 2016 Chammy Diamond Notes in Civil Law Bar 2016

-A stipulation that limits liability is valid so long as it is a. Absence of 7 yrs – presumed dead except
not against public policy. succession
Ex. Common carrier in bill of lading b. Absence of 10 syrs
DEFENSES AGAINST NEGLIGENCE c. If age is 75 + 5 presumed dead including
a. Due diligence Possessor of Animals: succession
b. Fortuitous event GR: the possessor or whoever makes use of the animal Presumption of death for all purposes
c. Damnum absque injuria is liable independently of fault Extraordinary presumption of death
d. Assumption of Risk 1. On board a vessel during sea voyage – 4 yrs
e. Presumption of regularity Exception: when the damage is caused by Force 2. Person in armed forces – 4 yrs
f. Contributory negligence Majeure or by the person who suffered the damage. 3. Person in danger of death
g. Last clear chance
h. Prescription NUISANCE The absentee shall be presumed to have died under an
i. Waiver Any act, omission , establishment , business , condition extraordinar y presumption AT THE TIME OF
which DISAPPEARANCE
DAMNUM ABSQUE INJURIA HASIO
-a person who exercises his legal rights does no a. Hinders impairs the use of property In the old law – no well found belief is required

BookMaker 4334466 Demo BookMaker 9470318 Demo

injury. If damages result from such exercise of legal
right, the consequences must be borne by the
injured person alone.
Liability without Fault includes:
a. Strict liability
-if one is independent of fault or negligence
one is held liable. Ex. Animals, nuisance
b. Product liability – defective products
Presumption of Regularity
-mistake committed by pubic officers are not actionable
absent any clear showing of malice or gross
negligence amounting to bad faith.
b. Annoys the senses
c. Shocks or defies decency
d. Injuries and endangers public safety
e. Obstruct free passage of any public highway.
Public Nuisance – injures the public
Private Nuisance – injures private rights only
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 them from playing therefrom is
liable to a child of tender years who is injured thereby
even if the child is trespasser.
Old rule – no court declaration as an absentee is
needed
*** end of Persons ***
Notes:
For Succession – I suggest you study the scenarios
and different problem as stated in the book of Jurado.
-Memorize also the portion –legitimes for both testate
and intestate/computation chart.
For Joint & Solidary – I suggest you study the scenarios
and different problems in the book of Soriano.

SUDDEN PERIL DOCTRINE (Emergency Rule) DAMAGES

One who suddenly place himself in danger, and is -can only be paid in money Good luck Atty (“,)
required to act without time to consider the best means
that may be adopted to avoid the impending danger is ACTUAL
not guilty of negligence, if he fails to adopt the best -damages for an injury that will put the injured party in a
option. position in which he had been before he was injured
-pertains to such injures or losses that are actually
Assumption of Risk sustained and susceptible of measurement
-the doctrine assumes that a plaintiff who voluntarily
assumes a risk of harm from the negligence conduct of Lost of Earning Capacity
the defendant cannot recover from such harm. Net Earning Capacity = life x (GI –Expenses)
2/3 x 80 – age
Cyan Magenta Yellow Black

BookMaker 5307942 Demo BookMaker 2075623 Demo

Contributory Negligence 50% of the Gross Annual Income
-it is the conduct on the part of the injured party,
contributing as a legal cause to the harm he hasAttorneys Fees recoverable in the ff:
suffered , which falls below the standard to which he is a. Civil liability
required to conform for his own protection. b. Exemplary damages
c. Malicious prosecution
VOLENTI NON FIT INJURIA
-self inflicted injury or to the consent to injury which Possible Award for Death
Untitled Imposition* by Drexel Altavano Form 1.1 (1) 23/06/2017-10:06 AM

precludes the recovery of damages by one who has a. Indemnity for death
knowingly an voluntarily exposed himself to danger, b. Loss of earning capacity
even if he is not negligent in doing so. c. Support
d. Moral damages
LAST CLEAR CHANCE (Doctrine of Discovered Peril) e. Attorneys fees
-Humanitarian Negligence Doctrine f. Interest in proper cases
-where both parties are negligent but the negligent act
of one succeeds that of the other by an appreciable MORAL DAMAGES
interval of time, the one who has the last reasonable -mental anguish, pain
opportunity to avoid the impending harm and fails to Recoverable in the ff:
do so is chargeable with the consequence without a. Physical injuries
reference to the prior negligence of the other. b. Private crimes
c. Heinous crimes
DOCTRINE OF LIMITED LIABILITY d. Art. 19, 20, 21 on human relations

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Chammy Diamond Notes in Civil Law Bar 2016
QUICK NOTES IN CIVIL LAW
TORT AND DAMAGES
Liability of the owner of a vehicle in case of an accident
In a motor vehicle, the owner is solidarily liable with his
driver, if the former who was in the vehicle, could have
with due diligence prevented the misfortune. It is
presumed that the driver was negligent, if he had been
found guilty of reckless driving or violating traffic
regulations at least twice. (2184)
Car owner not present in the vehicle
If the car owner not present in the vehicle and the driver
was negligent, the injure party may still sue said owner
BookMaker 9593362 Demo BookMaker 9627417 Demo
under 2180 imputed liability.
Liability of Proprietor of Buildings Remedies of the injured against ER:
The proprietor of a building or structure is responsible
for the damages resulting from its total or partial
collapse, it should be due to lack of necessary repairs.
Proprietors are also responsible for damages.
Liability for collapse Building
The owner of the building is the one liable for damages
when a building collapse. However, the engineer or
architect who drew up the plans and specifications for
the building is liable for damages if within 15 years from
completion of the structure, the same should collapse
by reason of defect in the plans and specifications. The
contractor may also be held liable if there is defect in
construction due to inferior material or quality used.
(1723)
a. Collapse must be within 15 years
b. The prescriptive period is 10 years
c. Engineer or architect are solidarily liable with
contractor
d. Collapse ruin not to minor defects
e. Even if payment has been made , an action is
still possible.
Quasi Delict
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BookMaker 4657871 Demo BookMaker 7134048 Demo
-whoever by act or omission causes damage to another
there being fault or negligence, is obliged to pay for the
damage done. Such fault or negligence if there is no
pre existing contractual relation between the parties.
Principle for Vicarious Liability or law on Imputed
Negligence
-a person is not only liable for tors committed by him,
Untitled Imposition* by Drexel Altavano Form 1.2 (2) 23/06/2017-10:06 AM
but also for torts committed by others with whom he has
a certain relation or for whom he is responsible.
-solidarily liable by reason of relation
-Liability is primary and direct
-The presumption of law is that there was negligence on
the part of the master or ER either in the selection of the
servant or EE or in the supervision over him after
selection.
Person vicariously liable:
a. Father –damaged caused by minor
b. ER –damaged caused by EE
Actual Tortfeasor not exempted from liability: the minor
or ward, employee , pupil who actually committed the
delict are not exempted by law from personal
responsibility . They may be sue and made liable alone,
made answerable with their OWN PROPERTY.
Adopted Children – considered legitimate and father is
responsible.
Illegitimate children – if recognized by the father, father.
If not, if under the custody and supervision of the
mother, mother.
Employers – liable even not engaged in business
activity.
Officer who is not the owner – who has responsibility for
supervision over the EE, may be held liable for the acts
of EE.
a. Quasi Delict : Primary and Direct and Solidary
(prove negligence)
b. Criminal - Subsidiary ( no defense)
Vicarious Liability of the State:
Liabilities of Provinces, Cities and Municipalities:
“Provinces, cities and municipalities shall be liable for
damages for the death or injuries suffer by any person
by reason of the defective condition of road, street,
bridges and other public works under the control and
supervision”
Vicarious Liability of Teachers 2180
School, its administrators , teachers engaged in child
care are made expressly liable.
-liability of school, teachers are solidary and parents
are made subsidiary liable
-student involved are minor
Cause of action based on fault or negligence:
a. Contractual Negligence – (culpa contractual)
-there is pre existing obligation , there is breach
of contract. Ex. Common carrier.
b. Civil negligence (culpa acquiliana) no pre
existing contractual obligations and the
negligence itself is the direct and independent
source of obligation. “quasi delict”
c. Criminal (culpa criminal) – it results in
commission of a crime
Doctrine of Comparative Negligence
The negligence of both the plaintiff and defendant are
compared for the purpose of reaching an equitable
apportionment of their respective liabilities for the
damages caused and suffered by the plaintiff.
Res Ipsa Loquitur
-Rebuttable presumption or inference that defendant
was negligent which arises upon proof that
instrumentality causing injury was in defendants
exclusive control.
-Doctrine of Common Knowledge
-all that the plaintiff must prove is the accident itself no
other proof of negligence is required beyond the
accident itself.
-used in medical malpractice
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Chammy Diamond Notes in Civil Law Bar 2016
b. That it has been classified by a positive act of
government as alienable and disposable\
c. OCENCO
d. Under bonafide claim of ownership since June
12, 1945
*there must be express declaration by the state that the
property is no longer intended for public service ,
without such express declaration, the property even if
classified as alienable and disposable remains
property of the public dominion.
Rule on Accretion on Banks and Creeks
-that the owner of the adjoining property must register
the same under the Torrens System otherwise the
alluvial property may be subject to acquisition through
prescription by third person.
BookMaker 6732337 Demo
Remedy of party who was declared in default in land
registration proceeding.
a. Motion to set aside default
b. Petition for certiorari – failure of the oppositor to
appear at the initial hearing is not a ground for
default.
Well nigh incontrovertible evidence – degree of proof in
land registration proceeding.
OCENCA cannot prevail over tax declarations.
Title once registered cannot be impugn, modified ,
altered , changed except in a direct proceeding
provided by law.
-the certificate of title – shall be conclusive upon and
against all person, including the national government
and all branches thereof”.
REMEDIES IN REGISTRATION PROCEEDINGS:
Reconveyance
-it is an action seeking to transfer or reconvey the land
from the registered owner to the rightful owner. It is a
legal and equitable remedy granted to the rightful
owner of land which has been wrongfully or erroneously
registered in the name of another for the purposes of
Cyan Magenta Yellow Black
BookMaker 7517907 Demo
compelling the latter to transfer or reconvey the land to
him.
-not to reopen the registration but to show that the who
secured the registration is not the real owner. Seek to
transfer title to the rightful owner.
-this action may be filed even after the lapse of 1 year
from entry of the decree of registration as long as the
property has not been transferred to an innocent
Untitled Imposition* by Drexel Altavano Form 2.1 (3) 23/06/2017-10:06 AM
purchaser for value.
Prescriptive Period:
Fraud – 4 years from discovery
Note: state has an imprescriptible right to cause the
reversion of the property belonging to the public
domain if title has been acquired fraudulently.
Implied or constructive trust – 10 years.
If Reopen – indefeasibilty is a defense
If Reconveyance – separate action – indefeasibilty is
not a valid defense.
2 5 10 40 70
If reconveyance is no longer possible because the
property has landed into the hands of an innocent
purchaser for value, DAMAGES may be filed within 10
years.
CADASTRAL REGISTRATION
-initiated by the filing of petition for registration by the
government not by the persons claiming ownership of
the land subject thereof, and the latter are on the pain
of losing their claim thereto. In effect, compelled to go
to court to make known their claim or interest therein.
NOTICE OF LIS PENDENS
-refers to constructive notice to purchasers that the
subject property is subject of a pending litigation.
-public policy
When applicable:
a. Recovery of possession
b. Quieting of title
c. Remove of clouds
When notice may be cancelled?
a. When it is shown that the notice is for the
purpose of molesting the adverse party
b. When it is shown that it is no longer necessary
to protect the right of the party who caused the
registration.
Dealing with unregistered properties
-valid only between the parties and does not bind third
persons.
** End ***
LEASE
Kinds of Lease
a. Lease of Things – parties bind himself to give to
another the enjoyment or use of a thing for a
price certain.
-not more than 99 years
Note: it may be made orally, but lease of real property
is for more than one year, it must be in writing (statute of
frauds)
Lease of Work – (contract for piece of work)
Lease of service
Person disqualified to become lessee:
-person disqualified to buy referred in 1490 and 1491,
are also disqualified to become lessees of the things
mentioned
-foreigner are also disqualified to lease lands in the
Philippines except residential purposes.
Husband given authority to leas paraphernal real
property of wife:
-if less than 1 year – no further authority
-if more than 1 year – SPA required
REDUCTION: (lease of Rural lands only)
4/57
Chammy Diamond Notes in Civil Law Bar 2016
b)Admission in public document
c)Private handwritten instrument is made by the father.
(brought during lifetime of child)
The father has the right to institute an action before the
regular court to prove non filiation during his lifetime.
LEGITIMATED CHILDREN
-those who because of the subsequent marriage of
their parents to each other, are by legal fiction
considered legitimate
The legitimation of children who died before the
celebration of marriage shall benefit their descendants
The annulment of voidable marriage shall not affect
BookMaker 8371698 Demo
legitimation (178 FC)
Qualification
Child entitled to legitimation a. Legal age, in position to support, good moral
a. Only children born outside of wedlock of
parents who at the time of conception were not
disqualified by any impediment to marry each
other or were so disqualified only because
either or both of them were below 18 yrs old
Legitimation may be impugned only by those who are
prejudiced in their rights within 5 years from the time
the cause of action accrues, that is, from the death of
the putative parent.
ACTION TO CLAIM FILIATION
The manner of claiming filiation is the same for both
legitimate and illegitimate children
Questioning of legitimacy may only be impugn in direct
action.
Prescription of action to claim legitimacy or illegitimacy
An action must be brought
1. By the child – lifetime
2. By his heirs – within 5 yrs should the child dies
during minority, in state of insanity or after
commencing the action
Primary evidence – the action for illegitimacy is based
BookMaker 3436207 Demo
on the admission of paternity or filiation in a bith
certificate or written instrument.
Secondary Evidence – action for illegitimacy is based
on open and continuous possession of status of
illegitimate filiation or any other means allowed by the
ROC and special laws, the action must be brought
during the lifetime of the alleged parent.
Baptismal certificate – does not prove filiation
May a will which was not presented for probate
sufficiently establishes filiation? Yes, still constitute
public document or private handwritten instrument
signed by the parent
The admission of the parties that the child was their son
was in the nature of compromise. The rule is that status
or filiation of a child cannot be compromised.
The child shall be considered legitimate although the
mother may have declared against its legitimacy or
may have been sentenced as an adultress
ADOPTION
-it is the juridical act , proceeding in rem which creates
between two person a relationship similar to that which
results from legitimate paternity and filiation.
Preference in adoption
a. Extended family
b. Domestic
c. Inter country
DOMESTIC ADOPTION LAW
WHO CAN ADOPT
1. Filipino
2. Aliens
3. Guardians
b. Full civil capacity, not been convicted of moral
turpitude
GR: at least 16 yrs older than adoptee
XPN:
a. adopter is the biological parent of the adoptee
b. Adopter is the spouse of adopter’s parent
# temporary residence of the adopting parents in a
foreign country does not disqualify them from adopting
Qualifications of an ALIEN who may adopt
1. Has diplomatic relations
2. Govt allows adoptee to enter his country
3. Certified by diplomatic consular to have legal
capacity to adopt
GR: has been living in the Philippines for at least 3
continuous years prior to the application for adoption
and maintains such residence until adoption decree
has been entered.
XPNs
a. He is a former Filipino, adopt relative by 4th
degree
b. Married to a Filipino, adopt relative y 4th degree
c. Married to a Filipino and seek to adopt the
legitimate or illegitimate child of is Filipino
spouse
Rules on Joint Adoption of Spouses
GR: spouses to adopt jointly
XPNs
a. one spouse seek to adopt the legitimate son of
the other
b. one spouse seek to adopt his own illegitimate
son or daughter
c. spouses are legally separated
ADOPTEE
a. any person below 18 yrs of age
b. a person of legal age if consistently considered
and treated as adopters son or daughter
c. a child whose adoption has been rescinded
d. child whose biological parent has died
Necessity of Consent for Adoption
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Chammy Diamond Notes in Civil Law Bar 2016 Chammy Diamond Notes in Civil Law Bar 2016

a. biological parent of the child The parent who has been deprived of rightful custody -after the expiration of 1 year period from the issuance
b. adoptee if more than 10 of the child may resort to habeas corpus NOMINAL DAMAGES of the decree of registration upon which it is based, it
c. Illegitimate and legitimate children of the -awarded when the right of the plaintiff has been becomes incontrovertible.
adopter if more than 10 yrs old SUBSTITUTE PARENTAL AUTHORITY violated or invaded by the defendant, may be -decree of registration and the certificate of title issued
d. Spouse 1. Surviving grandparents vindicated or recognized. may be attacked on the ground of actual fraud within 1
2. Oldest brother over 21 yrs ol -cannot co exist with other damages year from the date of entry and such an attack must be
The adoptee has the sole right to server the legal ties 3. Actual custodian direct and not by collateral.
created by adoption and the one who will file action for TEMPERATE DAMAGES -a holder in bad faith of a certificate of title is not
rescission. USE OF SURNAMES -are more than nominal but less than compensatory entitled to the protection of the law for the law cannot
The adopter cannot seek rescission but may disinherit By the wife – not a duty but an option -the court finds that some pecuniary loss has been be used as a shield to a fraud.
her. suffered but amount of claims cannot be proved with
Grounds for Change of Name certainty. Mirror Doctrine
Grounds for Rescission of Adoption 1. One who has been known by a Filipino name -All person dealing with property covered by Torrens
a. Repeated physical violence, attempt against and wa unaware of alien parentage LIQUIDATED DAMAGES Title certificate are not required to go beyond what
the life of the adoptee, sexual assault and 2. Legal consequence of legitimation -arising from breach of contracts appears on the face of the title. Except when party has
abandonment. 3. Sincere desire to adopt a Filipino name actual knowledge of fact that should put him in inquiry.

BookMaker 3575677 Demo BookMaker 5796493 Demo

INTERCOUNTRY ADOPTION ACT
-adoption by foreigner or Filipino permanently residing
abroad where the petition is filed. Decree of adoption is
issued outside the country.
Qualification of Adopter
1. At least 27 yrs old and 16 yrs older than
adoptee unless
Adopter is the parent by nature of the child
Adopter is the spouse of the parent by nature of
the child to be adopted
2. If married, his spouse must jointly file adoption
3. Comes where phil has diplomatic relation
4. P o s s e s s q u a l i fi c a t i o n a n d n o n o f t h e
disqualification
Child – person below 15 yrs old
SUPPORT
It comprises everything indispensable for sustenance,
dwelling, clothing , medical attendance and
transportation in keeping with the financial capacity of
the family, including education of the person entitled to
be supported until he complete his education even
beyond the age of majority.
Cyan Magenta Yellow Black
4. Name is
a. Ridiculous
b. Extremely difficult to pronounce
c. Dishonorable
Procedural Requirements:
a. 3 years residency in the province
b. Must not be filed within 30 days before election
c. Petition verified
In case of renewal of passport, a married woman may
either adopt her husband surname or continuously use
her maiden name. However, once she opted to use her
husbands surname in her original passport, she may
not revert to the use of her maiden name except by
death , divorce, annulment or declaration of nullity of
marriage.
MIDDLE NAME
An illegitimate child shall use the surname of the mother
unless their father recognizes their filiation in which
case, they may bear the father’s surname.
An illegitimate child whose filiation is not recognized by
the father bears only a given name and his mothers
surname and does not have a middle name.
The Civil code is silent as to the use of middle name.
EXEMPLARY DAMAGES
-or corrective damages are imposed by way of example
Cannot be invoked:
or correction for the public good in addition to eh moral,
a. Bank
temperate, liquidated or compensatory damages.
** END ***
LANDS
Modes of Acquiring Title over land
a. Possession since time immemorial
b. Possession of Alienable and Disposable Public
Land
Under Public Land Act;
Citizens who by themselves or through their
predecessor in interest have been in
continuous , exclusive, open and notorious
possession and occupation of alienable an
disposable agricultural lands of the public
domain under a bon fide claim of ownership
since June 12, 1945.
c. By sale , donation.
-Registration of a piece of land under the Torres System
does not create or vest title because it is not a mode of
acquiring ownership. Thus, notwithstanding the
indefeasibility of title , the registered owner may still be
compelled to reconvey the registered property to its
b. Purchaser in bad faith
c. Notice of lis pendens
In public land grants, the action of the government to
annul the title fraudulently obtained does not
prescribed such action and will not barred by the
transfer of the title to an innocent purchaser for value.
-a fraudulent or forged document of sale may become
the root of a valid title if the certificate title has already
been transferred from name of the owner to the name of
the forger or name indicated therein.
-once the title to the land is registered in the name of
the forger and title to the land thereafter falls in the
hands of an innocent purchaser for value, the later
acquires clean title thereto.
CITIZENSHIP REQUIREMENT
Person qualified to acquire private lands
a. Filipino citizens
b. Filipino corporation and associations
c. Aliens but through succession
d. A natural born citizen of the Philippines who
has lot citizenship

BookMaker 1919125
Under RA 9048-Demo BookMaker 4737714 Demo
In case of legal separation , the court may order that true owners. -for the purpose of transfer and acquisition of a parcel
the guilty spouse may give support to the innocent only typographic errors are allowed to fo residential land, it is not significant w/n they are no
spouse be corrected administratively Acquisition of Land Title: longer Filipino citizens at the time they purchased or
-errors involving age, status, citizenship excluded a. Public grant registered the parcel of land in question. What is
Adultery is a valid defense in an action for support. -change of surname not allowed b. Patent important is that they were formerly natural born
c. Acquisitive prescription citizens of the PHils. And as transferee of private land,
PARENTAL AUTHORITY ABSENCE d. Reclamation they could apply for registration in accordance with the
Patria Potestas 3 States of Absence e. Accretion mandate of the constitution.
Untitled Imposition* by Drexel Altavano Form 2.2 (4) 23/06/2017-10:06 AM

-total rights of parents over the person and property of Provisional Absence “ Natural born citizens who have lost their Phil.
their minor child. -person disappears without leaving an agent to Torrens Title is a certificate of ownership under the Citizenship may be a transferee of private lands.
administer property Torrens System. Neither does the tax declaration
GR: cannot be renounced transferred or waived create or vest title , it is only a proof of claim Who May apply under PD 1529
XPN: in case of adoption, guardianship Declared Absence -tax declaration cannot prevail over certificate of title a. OCENCO
-person disappears 2 yrs have elapsed without any b. Those who acquire by prescription
Tender Age Presumption news about him Indefeasibility and Incontrovertibility of certificate of 10 yrs, -ordinary acquisitive with just title – in
GR: no child below 7 years old shall be separated from -5 yrs have elapsed in case he left a person to Title. good faith
the mother because the law presumes that the mother administer his properties The certificate once issued, becomes conclusive 30 years – extraordinary acquisitive –
is the best custodian evidence of the title ownership of the land referred regardless of GF or title
Presumptive Death therein. It cannot be defeated by adverse, open and c. Right of Accretion on lands
XPN: the court finds compelling reason to consider -absence of presumed dead notorious possession, neither can it be defeated by
otherwise. prescription. Requisites for Filing of Application under PD 1529
Rules in ordinary Presumption of death a. Property must be agricultural land

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Chammy Diamond Notes in Civil Law Bar 2016
Presumption of Contract of Agency:
GR: Agency not presumed, must exist as a fact
XPN: operation of law, to prevent unjust enrichment
Acts that a principal may delegate to his agent
GR: what a man may do in person, he may do thru
another
XPN: personal acts, criminal acts
Kinds of Agency as to Powers;
a. General terms – acts of administration
b. Specific Terms – strict ownership
Principal not bound by the acts of the Agent:
GR: When the act is within the agents authority but in
BookMaker 9562550 Demo
HIS OWN NAME
XPN: not binding on the principal agent except
belonging to the principal or when the principal ratifies
the contract or derives benefit therein.
Note: the limits of the agents authority shall not be
considered exceeded should it have been performed in
a manner more advantageous to the principal than that
specified by him.
RIGHTS OF AGENTS:
Instances when the agent may retain in pledge the
object of the agency
1. If the principal fails to reimburse the agent the
necessary sums including interest which the
latter advanced for the execution of the agency
2. If principal fails to indemnify the agent for all
damages which the execution of the agency
may have caused the latter without fault or
negligence.
Rules when two person deal separately with the agent
and principal
-the one of prior date shall be preferred
-when a person participates in the commission of a
crime, he cannot escape punishment on the ground
that he simply acted as an agent of another party.
Cyan Magenta Yellow Black
BookMaker 7905998
-in case of breach of loyalty, the agent is not entitled to
commission
-an agent has an absolute duty to make a full Note: The agent may withdraw from the agency by
disclosure or accounting to his principal of all
transactions and material facts that may have some
relevance with the agency.
When 3rd person is required to inquire into the authority
Untitled Imposition* by Drexel Altavano Form 3.1 (5) 23/06/2017-10:06 AM
of agent:
a. Where authority not in writing – every person
dealing must discover upon his peril
b. Where authority is in WRITING – 3rd person is
not required to inquire further than the terms of
the written power of attorney
Doctrine of Implied Agency
The principal is liable only as to 3rd person who have
been led reasonably to believe by the conduct of the
principal that such actual authority exist, although none
has been given.
2 5 10 40 70
Agency by Estoppel
When one leads another to believe that a certain
person is his agent, when as a matter of fact such is not
true, and the latter acts on such misrepresentations ,
the former cannot disclaim liability , for he has created
an agency by estoppels
-the government is never estopped by the mistake or
error on the part of its agents
Guarantee Commission
-an agent who guarantees the payment of the
customers account in consideration of the commission.
Special Power of Attorney:
GR: A power of attorney is VALID although no notary
public intervened in its execution.
SPA is required:
a. To convey real rights over immovable property
b. To loan or borrow money
c. To lease any real property for more than a year
d. To obligate principal to be a guarantor
e. To accept or repudiate inheritance
f. Strict dominion
Note: A special power to sell excludes the power to
mortgage, a special power to mortgage does not
include the power to sell.
Note: even if the agent has exceeded his authority, the
principal is SOLIDARILY liable with the agent if the
former allowed the latter to act as though he had full
powers
GR: Agent performed an illicit act not in the
performance of an obligation of the principal, the
principal is NOT BOUND by the illicit acts of the agent.
XPN: defective instruction of principal
IRREVOCABLE AGENCY
GR: Agency is Revocable by will of the principal
XPN:
a) if a bilateral contracts depends on it
b) if it’s a means of fulfilling an obligation
Demo
c) stipulation pour atrui
giving due notice to the principal. If the latter should
suffer any damage by reason of the withdrawal, the
agent must indemnify him therefore unless there is
impossibility of continuing the performance of the
agency
The agent even if he should withdraw from the agency
for a valid reason, must continue to act until the
principal has had reasonable opportunity to take the
necessary stopes to meet the situations.
Presumption of Continuation of Agency:
-when once shown to have existed, an agency relation
will be presumed to have continued in the absence of
anything which shows its termination.
GR Heirs cannot continue the contract of agency
(personal)
EXPN: operation of law
6/57
Chammy Diamond Notes in Civil Law Bar 2016
property becomes the exclusive property of the
respective spouse
In either case, there shall be reimbursement.
GR: all property acquired during the marriage, whether
the acquisition appears to have been made, contracted
or registered in the name of one or both spouses is
presumed to be conjugal.
XPN: unless the contrary is proved.
Obligations chargeable to separate property
a. Illegitimate children
b. Crime of quasi delict
c. Expenses of litigation if found to be groundless
BookMaker 3140348 Demo
d. Ante nuptial debts which did not benefit the
family.
Art 147
CONJUGAL PARTNERSHIP PROPERTY
1. Those acquired by onerous title during the
marriage
2. Those obtained by labor, industry or work or
profession
3. Fruits of conjugal property due or received
during the marriage and net fruits of separate
property
4. Share in hidden treasure
5. Those acquired by chance, winnings and
gamblings
Property brought through installment
1. Prior to the marriage
2. Paid partly from exclusive funds and party from
conjugal funds
Rues in determining ownership
1. If full ownership was vested before the
marriage – it shall belong to the buyer spouse
2. If full ownership was vested during the
marriage – it shall belong to the conjugal
partnership
BookMaker 5155520 Demo
The mere registration of a property in the name of one
spouse does not destroy its conjugal nature in the
absence of strong, clear and convincing evidence that
it was acquired using the exclusive funds of said
spouse.
-whether a property is conjugal or not is determined by
law and not by the will of the spouses. NO unilateral
declaration by one spouse can change the character of
conjugal property.
-all properties acquired during the marriage regardless
w/n the spouse are living together are presumed
conjugal.
Quasi delict – chargeable to absolute community but
not to conjugal partnership
-conjugal partnership of gains cannot be held liable for
personal obligation contracted by one spouse, unless
some advantage or benefit is shown to have accrued to
the conjugal partnership.
Administration – jointly , same as legal separation
REGIME OF SEPARATION OF PROPERTY
1. When expressly provided in marriage
settlement
2. When if so decreed by the court
3. Mandatory regime of complete separation of
property
4. Failure to comply with Art 52
Sufficient causes for judicial separation of property
a. Civil interdiction, judicial declaration of
a b s e n c e , l o s s o f p a r e n t a l a u t h o r i t y,
abandonment, administrator spouse abused
authority, separation in fact.
PROPERTY REGIME OF UNION WITHOUT MARRIAGE
Parties without legal impediment
Void marriage on the ground of Psychological
incapacity
-man and woman must be capacitated to marry each
other, exclusively, without the benefit of marriage
-owned in equal shares
-governed by co ownership
Presumption:
Property acquired while living together presumed
obtained by their joint effort; work or industry and
owned by them in equal shares
-if one party did not participate in acquisition:
presumed to have contributed through care and
maintenance of family and household
-forfeiture in case of spouse in bf
Proof of contribution : not necessary
Art 148
With legal impediment by
1. Adulterous
2. Bigamous
3. Incestuous
4. Void marriages
-the man and woman are incapacitated to marry each
other and do not live exclusively , union without benefit
of marriage
-salaries are separately owned by the parties, if any is
married, his salary pertains to the CPG of the legitimate
marriage
-properties are owned in common in PROPORTION to
respective contribution
-no presumption of joint acquisition
-proof of contribution is necessary
THE FAMILY
Requisites before a suit between members of the same
family may prosper
1. Earnest effort toward a compromise have been
made
2. Such effort failed
3. The fact that ear nest effor t toward a
compromise have been made but the same
have failed appear in the verified complaint or
petition.
FAMILY HOME
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Chammy Diamond Notes in Civil Law Bar 2016 Chammy Diamond Notes in Civil Law Bar 2016

Is the dwelling house where the husband and wife and
their family reside, and the land on which it is situated .
it is constituted by the husband and the wife or by an
unmarried head of the family.
Guidelines
1. Only 1 family home
2. Must be permanent
3. It continues despite the death of one or both
spouses or an unmarried head of the family for
10 years or as long as there is a minor
beneficiary.
Beneficiary – must be dependent for legal support
upon the head of the family. Live in the family home,
must be among the relationship mentioned.
2 yrs husband does not reside in same
municipality
3 years – husband abroad
ACTION TO CLAIM LEGITIMACY (Compulsory
Recognition)
GR: Child
XPNs: heirs of the child in cases where
1. Child died in state of insanity
2. Child died during minority
Must be filed within 5 years
GR: during the lifetime of the child
XPN: lifetime of the putative father
GR: the lease is entitled for reduction of rent in case of
the loss of more than ½ of the fruits through
EXTRAORDINARY and unforeseen FE.
XPN: Stipulation to the contrary.
-for ordinary FE , no reduction
Perpetual Lease – not valid
-a lease contract providing that the lessee can stay in
the premise for as long as he wants and for as long as
he can pay the rentals and its increase.
TACITA RECONDUCION (Implied Lease)
A lease that arise if at the end of the contract the lease
should continue enjoying the thing leased for 15 days
with the acquiescence of the lessor, unless a notice to
the contrary had previously been given by either party..
EXN: all acts of preservation and use.
REMEDIES IN SUBLEASE
Action Directa
-a direct action which the lessor may bring against a
sublessee who misuse the subleased property.
Remedies when either the lessor or lessee did not
comply with the obligation: RED
a. Rescission
b. Damages
c. Ejectment
Useful Improvements:
The Lessor may pay for ½ of the value of the
improvement which the lessee made in good faith ,

BookMaker 9712728
illegitimate childDemo
Family home is exempt from execution, attachment and
forced sale.
Except of the status”
a. Debts due to laborers
b. Non payment of taxes
c. Debs incurred prior to its constitution
Requisites for the sale or alienation of FH
Written consent of the person who constituted it,
spouse of the person, majority of the beneficiaries of
legal age.
PATERNITY AND FILIATION
Filiation may be in the nature of adoption, legitimate or
illegitimate
Requisites for a child conceived by artificial
insemination to be considered legitimate
a. The artificial insemination is made on the wife
not on another woman
b. The AI is done with the sperm of the husband
or of a donor
c. The AI has been authorized or ratified by the
spouse on a written instrument executed and
signed by them before the birth of the child
d. The written instrument is recorded in the civil
registry together with the birth certificate of the
child
Cyan Magenta Yellow Black
In cases where the action is for the recognition of
by “open and continuous possession
(brought during the lifetime of the father, except when
the father died during child’s minority, in which case,
child may bring action even after the death of the
father)
Person/s who may attack the legitimacy of the child
GR: only the husband can contest the legitimacy of the
child
XPN: heirs (see above)
GROUNDS FOR IMPUGNING THE LEGITIMACY OF
THE CHILD
1. Physical impossibility for the husband to have
sexual intercourse with his wife (4 months/ 300
days immediately preceding birth.
Physical incapacity, illness, living separately
2. Biological or scientific reason the child could
not have been the father
3. In case conceived in artificial insemination, the
written authorization or ratification of either
parent was obtained through mistake, fraud,
violence intimidation.
BookMaker 3820734 Demo
a. The term of the original contract has expired
b. The lessor has not given the lessee a notice to
vacate
c. The lessee continued enjoying the thing leased
for at least 15 days
Effect of Implied New Lease on Rural lands
The lease of piece of land when its duration has not
been fixed , is understood to have been for all the “time
necessary for the gathering of the fruits” which the
whole estate leased may yield in one year.
If the period of the lease has not been fixed , it is
understood to be from year to year, if the rent agreed
upon is annual, from month to month, if it monthly, from
week to week, if the rent is weekly , and from day to
day, if paid daily.
Remedies in case of breach of contract of lease
a. Specific Performance
b. Damages
Lease of property – 25 years, renewable for another 25
years
SUBLEASE
GR: Lessee cannot assign the lease without the
which are suitable for the use for which the lease is
intended and which have not altered the form and
substance of the land. Otherwise, the Lessee may
remove the improvement should the lessor refuse to
reimburse
TERMINATION OF LEASE
-death of the lessee will not extinguish the lease
agreement, since lease is not personal in character and
the right is transmissible to the heirs.
** End **
AGENCY
Contract of Agency
-by the contract of Agency, a person binds himself to
render some service or to do something in
representation or on behalf of another, with the consent
or authority of the latter.
Appointment of an Agent
GR: There are no formal requirements governing the
appointment of an agent
XPN: when the law requires a specific form, when sale
of land or any interest therein is through an agent, the
authority of the latter must be in writing, otherwise, the

BookMaker 8056176
physical inabilityDemo BookMaker 3837816 Demo
Sterility is the inability to procreate, impotency is the consent of lessor sale shall be void.
Rights of Legitimate children to copulate. XNP: unless there is a stipulation to the contrary.
1. To bear the surname of the father Theory of Imputed Knowledge
2. To receive support Rule on the status of child where the mother contracted GR: the lessee has the right to sublease the property -the knowledge of the agent is imputed to the principal
3. To be entitled to the legitime another marriage within 300 days after termination of XPN: unless expressly stipulated though the agent never communicated such knowledge
the former to the principal.
Presumption of Legitimacy -in case there is a sublease, the sublessee is BOUND
Children conceived or born during the marriage of the 1. Former marriage – if child is born before 6 TO THE LESSOR for all the acts which refer to the use Rules with Execution of Agency:
Untitled Imposition* by Drexel Altavano Form 3.2 (6) 23/06/2017-10:06 AM

parents are legitimate months after the solemnization of the
subsequent marriage, provided it be born
The child shall be legitimate, although the mother may within 300 days after termination of former
have declared against his legitimacy. marriage
2. Subsequent marriage – if child is born
ACTION TO IMPUGN LEGITIMACY 6 months after the celebration of the
GR: husband subsequent marriage, even though it be born
XPN: heirs in case where within 300 days after the termination of the
a. Husband died before the expiration of the former marriage.
period for bringing action
b. Husband died after filing the complaint without Illegitimate child has the option of using the surname of
having desisted the father.
c. Child was born after the death of husband a)Provided filiation has been recognized by the father
Prescription: 1 yr same municipality through record of birth
and preservation of the thing leased in the manner
stipulated between the lessor and the lessees.
-the sublessee is SUBSIDIARILY liable to the lessor for
any rend due form the lessee.
-the sublessee shall be responsible only to the amount
of rend due from him.
-there must be a judgment cancelling the lessees
principal lease contract and ousting the lessee from the
premises before the sublessee becomes subsidiary
liable.
Responsibilities of a Sublesssee to the Lessor:
GR: there is no juridical relationship
GR: the agent is bound by the acceptance to carry out
the agency, in accordance with the instruction of the
principal and is LIABLE FOR DAMAGES, which through
his non performance the principal may suffer.
XPN: if its execution could manifestly result in loss or
damages to the principal.
Responsibility of two or more agents appointed
simultaneously:
GR: jointly liable
XPN: Solidarity has been expressly stipulated
XPN to the XPN: when one of the other agents acts
beyond the scope of his authority

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Chammy Diamond Notes in Civil Law Bar 2016
GR: the bailee in commodatrum acquires only
the use of the thing loaned but NOT ITS
FRUITS.
XPN: a stipulation that the bailee may make use
of the fruits of the thing loaned is VALID.
When there are 2 or more bailees to whom the
thing is loaned in the same contract, they are
liable SOLIDARILY.
Subject matter of Commodatum
GR: Non –consummable
EXPN: consumable goods if purpose is for
exhibition which the goods shall be returned to
the lender or bailor.
BookMaker 6223012 Demo
Object of commodatum:
Both immovable and immovable property may
be the object of commodatum.
OBLIGATION OF THE BAILOR
1. Refund the extraordinary expenses the
bailee incurred for the preservation of the
thing.
GR: the bailee must bring to the knowledge
of the bailor such expenses before
incurring the same.
XPN: urgent and delay would cause
damage.
If EXTRAORDINARY EXPENSES arise on the occasion
of the ACTUAL USE of the thing loaned by the bailee,
the expenses shall be borne by the bailor and bailee
equally even though the bailee is without fault.
If bailor did not disclose the flaw or defect – action for
damages on the ground of quasi delict because of
negligence or bad faith.
If both parties knew of the defect or flaw – the bailee is
deemed to have assumed the risk. Bailor is not liable.
Cyan Magenta Yellow Black
BookMaker 7418450 Demo
RIGHTS OF BAILOR
GR: The return of the thing loaned may be demanded
by the bailor only
a. Upon expiration of the period
b. Accomplishment of the purpose
XPN:
a. Urgent need
Untitled Imposition* by Drexel Altavano Form 4.1 (7) 23/06/2017-10:06 AM
b. Precarium
c. Act of ingratitude
Fortuitous event: Precarium (at will of bailor)
a. If there is demand and bailee did not return –
bailee liable
b. If no demand , bailee is not liable.
The bailor in commodatum NEED NOT BE THE OWNER
of the thing loaned. It is sufficient that he has
possessory interest over subject matter.
RIGHT OF BAILEE
2 5 10 40 70
-not answerable for the deterioration of thing loaned
due to the use thereof and without his fault.
-the legal effect if the bailee pays for the use of the
thing is that the contract ceases to be commodatum
but becomes lease.
-Bailee is liable for the loss of the thing, even if it should
be through a FE if he keeps it longer than the period
stipulated , or after the accomplishment of the use for
which the commodatum has been constituted.
EXPENSES
a. Ordinary Expenses – preservation of the thing,
shouldered by the bailee
b. Extraordinary Expenses – Bailor, provided the
bailee brings the same to the knowledge of the
bailor before incurring them except urgent
-the bailor cannot exempt himself from the payment of
expenses and damages by abandoning the thing to the
bailee. (eg. Instead of paying bailee , bailor offers the
thing as payment)
MUTTUM
-lender delivers to another called borrower money or
other consumable thing subject to the condition that the
same amount of the same kind and quantity shall be
paid.
Characteristic of Mutuum
a. Borrower acquires ownership of the thing
b. If money, payment shall be legal tender in the
Phils.
c. Fungible thing was loaned, borrower is obliged
to pay the lender another thing of the same
kind quality or quantity even if it should change
in value.
REAL CONTRACTS (DPC-M)
a. Deposit
b. Pledge
c. Commodatum
d. Mutuum
-only after delivery , will the real contract of loan will
arise.
MONEY
-Extraordinary Inflation – value of the currency AT THE
TIME OF THE OBLIGATION.
-Interest in loan must be in writing
-interest in damages need not be in writing
EQUITABLE MORTGAGE
-is one which although it lacks the proper formalities or
other requisites of a mortgage required by law,
nevertheless, it reveals the intention of the parties to
burden real property as a security for a debt, and
contains nothing impossible or contrary to law.
-no interest
Interest in forbearance of money 6% per annum, 2013.
-a stipulation of floating interest is VOID.
DEPOSIT
8/57
Chammy Diamond Notes in Civil Law Bar 2016
Marriage settlement must be registered in the proper
local civil registry where the marriage contract was
recorded as well as in the proper registries of property
in order that they may prejudice or bind persons
GR: Phils laws shall govern regardless of the place of
celebration of marriage and residence of spouses.
XPN: lex rei sitae
Rule on waiver of rights over the share in the
community or conjugal property
GR: cannot be waived
XPN: in case of judicial separation of property
The waiver must be in public instrument and recorded
in the office of the local civil registrar
BookMaker 3387996 Demo
The nature, consequences and incidents of marriage
are governed by law and not subject to stipulation
between the spouses.
EXP: marriage settlement
MARRIAGE SETTLEMENT
-it is a contract entered into by spouses about to be
married for the purpose of fixing the terms and
conditions of their property relations with regard to their
present and future property.
Requisites:
1. In writing
2. Signed by the parties
3. Executed before the celebration of marriage
4. Registration (to bind 3rd person)
Provision must be in accordance with law, moral ,
public policy otherwise void
-the law does not require the marriage settlement be in
public instrument to be valid.
Modification of the marriage settlement
1. The requisite of valid MS must be present
2. There must be judicial approval
If marriage is not celebrated-
GR: Everything stipulated in the settlement or contracts
BookMaker 3814946 Demo
in consideration of the marriage shall be rendered VOID
XPN: those stipulation not dependent upon or are not
made in consideration of the marriage subsist.
DONATION BY REASON OF MARRIAGE
-those donation which are made before the celebration
of the marriage in consideration of the same, and in
favor of one or both of the future spouses.
Requisites of Donation Propter Nuptias
a. Made before celebration of marriage
b. Made in consideration of the marriage
c. Made in favor of one or both of the future
spouses
If absolute – without limit
Other settlement – may donate not exceeding 1/5 of the
donors present property
If Donation is made by one spouse to another
1. Not absolute
2. Not more than 1/5
3. Acceptance by the spouse
-donation of encumbered property are VALID, the
donee shall not be liable for deficiency
Donations that may be revoke by the Donor
1. GR: marriage is not celebrated or is judicially
declared void ab initio
XPN: donation made in marriage settlement
2. Marriage takes place without the required
consent of parents
3. Marriage is annulled and donee acted in bad
faith
4. Upon legal separation, the donee being the
guilty spouse
5. If with a resolutory condition which was
complied with
6. Donee has committed an act of ingratitude.
Grounds for filing Revocation of DPN
a. Marriage is not celebrated
b. Marriage is void
c. Marriage without consent
d. Upon legal separation
e. Donation subject to resolutory condition
f. Donee committed act of ingratitude
a. Commission of offense
b. Imputation of a crime
c. Undue refusal to support
DONATIONS DURING THE MARRIAGE
GR: every donation or grant of gratuitous advantage,
direct or indirect ,between spouses is considered VOID
XPN: moderate gift on the occasion of any family
rejoicing
Property Regime in the Absence of Marriage Settlement
GR: Absolute
XPN : before Aug 3, 1988 (Conjugal)
Subsequent marriage contracted within 1 year from the
death of the deceased spouse without liquidation of the
community property or conjugal partnership, the
subsequent marriage shall be mandatory regime of
complete separation of property.
ABSOLUTE COMMUNITY
-the spouses are considered co-owners of all property
brought into the marriage as well as those acquired
during the marriage, which are not otherwise excluded
from the community.
Properties included in the absolute community
1. All the property owned by the spouses
2. Jewelry or properties with moderate value
3. Winnings and gamblings
Properties excluded in the Absolute
1. Properties acquired by gratuitous title
2. Personal and exclusive use
3. Property acquired before marriage by one with
legitimate descendants by former marriage
and its fruits and income if any
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Chammy Diamond Notes in Civil Law Bar 2016
4. Those excluded by the marriage settlement
Presumption of Inclusion in the Absolute Community
In the absence of evidence, property acquired during
the marriage is presumed to belong to the community
unless proven otherwise
Sale of conjugal property without the consent of one
render the entire sale or encumbrance null and void
including the portion of the conjugal property pertaining
to the husband who contracted the sale.
However, the transaction shall be construed as
CONTINUING OFFER, on the part of the consenting
spouse and third person and may be perfected as a
binding contract upon the acceptance by the other
spouse or authorization by the court before the offer is
BookMaker 6213502 Demo
withdrawn by either or both offerors.
-the prohibition includes LEASE
CHARGES AND OBLIGATIONS
Support of IC of either spouse is chargeable to
exclusive property of the illegitimate parent.
Ante nuptial debts of either spouse insofar as they have
redounded to the benefit o the family.
Debts and obligations contracted by either spouse
without the consent of the other to the extent that the
family may have been benefited.
In case of insufficiency of the ACP, the spouse shall be
solidarily liable for the unpaid balance with their
separate properties.
However, if the exclusive property is insufficient
payment will be considered as advances to be
deducted from share of debtor spouse.
-court authorization is resorted to in cases where the
spouse who does not give consent is INCAPACITATED.
Disagreement in the administration of community
property
-the decision of the husband prevails but subject to
recourse to the court by the wife for proper remedy.
Cyan Magenta Yellow Black
BookMaker 6999072 Demo
GR : A spouse cannot donate any community property
without the consent of the other
XPN: moderate donations for charity or on occasion of
family rejoicing or distress
Separation in Fact
GR; Separation in fact does not affect the regime of
Untitled Imposition* by Drexel Altavano Form 4.2 (8) 23/06/2017-10:06 AM
absolute community
XPN:
1. Spouse who leaves the conjugal home without
just cause
2. When consent is required, judicial authorization
must be obtained
3. If community property is insufficient, separate
property of spouses shall be solidarily liable
Abandonment
The aggrieved spouse can petition the court for
a. Receivership
b. Judicial separation of property
c. Authority to be the sole administrator
2 5 10 40 70
Presumption of Abandonment
-a spouse who left the conjugal home without the
intention of returning for 3 months and failed to give
information as to his whereabouts shall be prima facie
presumed to have abandoned the conjugal dwelling.
GR: Spouses cannot sell property to each other
XPN
a. When a separation of property was agreed
b. Judicial separation of property
-applies to common law spouses also, prohibition of
sale
DISSOLUTION OF COMMUNITY PROOPERTY
a. Death of either spouse
b. If surviving spouse failed to comply with art 52,
mandatory complete separation of property
shall govern the property relations of the
subsequent marriage.
-the surviving spouse shall judicially or extrajudicially
liquidate the community property within 1 year from the
death of the deceased spouse
Consequences of failure to liquidate
1. Failure to liquidate the community property
within 1 year from the death of the deceased
spouse would render any disposition or
encumbrance involving community property of
the terminated marriage void.
2. Without compliance with art 52 , complete
separation of property
CONJUGAL PARTNERSHIP OF GAINS
-placing in a common fund :
1. the proceeds, product , fruit , income of their
separate properties
2. those acquired by either or both of them through
effort and chance
EXCLUSIVE PROPERTIES OF EACH SPOUSE
1. Those brough into the marriage as his own
2. Those acquired during the marriage by
gratuitous title
Note: pension, proceeds, retirement benefits will not
form part of the conjugal partnership
3. Those acquired by right of redemption, barter
or exchange with exclusive property
4. That purchased with exclusive money of either
spouse
Rules in case of improvement of exclusive Property
1. Reverse accession
If the cost of the improvement and the value of
the improvement is more than the value of the
p r i n c i p a l p ro p e r t y a t t h e t i m e o f t h e
improvement , the entire property becomes
conjugal.
2. Accession
If the cost of the improvement and the value of
the improvement is equal to or less than the
value of the principal property, the entire
54/57
Chammy Diamond Notes in Civil Law Bar 2016
A contract of Agency is IMPLIEDLY REVOKED when the
principal:
a. Appoints a new agent for the same business or
transaction
b. Directly manages eth business entrusted to the
agent
c. After granting gen powers to an agent, a
special power is given to an agent which
results in the revocation of the former as
regards the special matter involved in the latter.
When the agent has been appointed by two or more
principals, the agency is revoked if any one of the
principals is granted the right to revoke the power of
attorney without the consent of the others
BookMaker 7716204
Fungible thing – Demo
Notice of Revocation:
a. As to agent – express not necessary
Non Fungible thing – non consumable- same thing to
b. To 3rd person – necessary because they always
assume the continuance of agency
Withdrawal of Agent
a. Without just cause – liable for damages
b. With just cause – not liable
Death of a party to the contract:
GR: the agency is terminated by the death of the
principal even if the agency is for a definite period
XPN: anything done by the agent, without the
knowledge or death of the principal or any other cause
which extinguishes the agency is valid and shall be
fully effective with respect to 3rd person who may have
contracted with him in good faith.
The death of the principal extinguishes the agency, but
the revocation of the agency does not prejudice 3rd
person who have dealt with the agent in good faith
without notice of the revocation.
COMPROMISE
-contract whereby the parties by making reciprocal
concession avoid litigation or put an end to litigation
already commenced
BookMaker 5837690 Demo
Void Compromise
a. Civil status of a person
b. Validity of marriage
c. Any ground for legal separation
d. Future support
e. Jurisdiction of courts
f. Future legitime
Effect of Compromise that is disadvantageous to the
parties:
-remained to be VALID
-if one parties refuses to abide by the compromise, the
other party may either enforce the compromise or
regard it as rescinded and insist upon his original
demand
-if a litigation has been decided upon by a final
judgment , a compromise later on agreed upon when
either or both parties are unaware of the existence of
the final judgment the compromise may be
RESCINDED.
** End of Agency ***
CREDIT TRANSACTIONS
LOAN
a. Commodatum – where the bailor (lender)
delivers to the bailee (borrower) a non
consumable things so that the latter may use it
for a given time and return the same thing
(identical thing
b. Mutuum or simple loan – when the bailor
delivers to the bailee money or other
consumable thing subject to the condition that
the latter shall pay same amount of the same
kind and quality.
consumable - equivalent
be returned
Perfection of contract of loan
-an accepted promise to deliver something by way of
mutuum is binding upon the parties but the loan itself is
not perfected until the DELIVERY of the object of the
contract.
If the loan is executed for illegal or immoral or unlawful
purpose or use, the contract is VOID. The bailor may
recover immediately.
COMMODATUM
Kinds:
a. Ordinary Commodatum – bailor cannot just
demand the return of the thing at will ,because
there is a period agreed upon by the parties.
b. Precarium – one whereby the bailor may
demand the thing loaned AT WILL in the ff;
cases
a. Stipulated
b. By tolerance
Consequence of Purely Personal character of
Commodatum
a. Death of party
GR: death of party extinguishes the contract
XPN: by stipulation , can be transmitted to
heirs of either party.
b. Lease of things subject of commodatum
GR: the bailee can neither lend or lease the
object of the contract to a 3rd person.
XPN: members of the bailees household
c. Right of retention
GR: the baillee cannot exercise the right of
retention against the bailor
XPN: However, he can exercise the right of
retention on the account of damages , suffered
by the bailee because of the flaws that the
bailor knew of but did not disclose to the
bailee.
USE OF FRUITS
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Chammy Diamond Notes in Civil Law Bar 2016
-the contract of guaranty can be undertaken without the
knowledge of the principal debtor.
-a contract of guaranty must be expressed in WRITING
otherwise UNENFORCEABLE unless ratified (statute of
fraud) but need not be in public instrument.
-the acceptance of creditor is no essential in contract of
guaranty.
-contract of guaranty is gratuitous unless there is
stipulation
Construction:
in case of doubt, a contract of guaranty or surety
should be strictly construed against the creditor and
liberal in favor of the guarantor or surety; terms cannot
BookMaker 9776546
be extended beyond the stipulation.
-the qualification of a guarantor is lost through guarantor can only collect from the creditor and the
conviction of a crime involving dishonesty or
insolvency
-the qualification need only be present at the time of the
perfection of the contract.
(integrity, capacity to bind, sufficient properties)
-A married woman can be a guarantor without the
consent of her husband but hinds only her separate
property.
XPN: if with consent, binds community property
Right of a GUARANTOR who pays for the debt
guaranteed.
a. If payment is without knowledge of the debtor.
a. Guarantor can recover only insofar as the
payment has benefited the debtor
B. cannot compel creditor to subrograte him
b. If with knowledge of debtor – subrogated to
all the rights which creditor had against the
debtor.
Effect in case of death of a party:
Guarantors Death- his heirs will still be liable to the
extent of the value of the inheritance because the
Cyan Magenta Yellow Black
BookMaker 1357237
a. Both areDemo
obligation is not purely personal and is therefore
transmissible.
b. Both must be absolute owner
Debtors Death – his obligation will survive. His estate
will be answerable. If the estate has no sufficient
assets, the guarantor shall be liable.
BENEFITS OF EXCUSSION
Untitled Imposition* by Drexel Altavano Form 5.1 (9) 23/06/2017-10:06 AM
-is a right by which the guarantor cannot be compelled
to pay the creditor unless the latter has exhausted all
the properties of the principal debtor and has resorted
to all legal remedies against such debtor.
BENEFIT OF DIVISION
-the principle of benefit of division is when there are
several guarantors of only one debtor for the same
debt, the obligation to answer for the same is divided
among all
Should any of the guarantors become insolvent , his
share shall be borne by the other guarantors including
2 5 10 40 70
the paying the guarantors in the same joint proportions
in accordance with the rule in solidary obligations.
Action of the creditor against the debtor
GR: only the principal should be sued alone.
XPN: if the benefit of excussion is not available, the
guarantor can be sued jointly with the debtor.
Right of Indemnity and reimbursement of the guarantor
who paid the debt
GR; Guarantor is entitled to be reimbursed by debtor
for payment
XPN: without knowledge of debtor
Payment made by 3rd person who wishes not to be
reimbursed. (effect donation)
Demo
GR: Guarantor must first notify the debtor before
paying, otherwise if the debtor pays again, the
guarantor will have no cause of action against the
debtor even if the creditor becomes insolvent.
XPN: prevented by FE, creditor is insolvent
GR: The guarantor cannot seek reimbursement from the
debtor until expiration of the period stipulated. The
guarantor must wait.
SUB-GUARANTY
-is one constituted to guarantee the obligation of the
guarantor
-a sub guarantor entitled to the right of excussion both
with respect to the guarantor an to the principal debtor.
CONTINUIING GUARANTY
-is one which cover all transactions, including those
arising in the future which are within the description or
contemplation of the contract of guaranty until the
expiration or termination thereof.
Extinguishment – same as other obligations, principally
when the principal obligation is extinguished.
PLEDGE , MORTGAGE AN ANTICHRESIS
Similarities of Pledge and Mortgage
accessory contracts
c. Both must have free disposal
d. Both may be sold at public auction
Rules Common to Pledge and Mortgage
1. Constituted to secure the fulfillment of a valid
principal obligation
2. Pledger and mortgagor must be the absolute
owner
3. Free disposal of their property
4. Debtor retains ownership of the thing given as a
security
Limited Liability of a 3rd Person as a Pledgor or
Mortgagor
GR: A third person who pledged and mortgaged his
property is NOT liable for any deficiency
10/57
Chammy Diamond Notes in Civil Law Bar 2016
is immediately final and executory by the express 1. Non disclosure of conviction by final judgment
provision of Art 247. of crime involving moral turpitude
Remedy of losing party: Certiorari 2. Concealment of pregnancy
3. Concealment of sexually transmitted disease
Termination of Subsequent Bigamous Marriage 4. Concealment of drug addiction, habitual
The recoding of the affidavit of reappearance of the alcoholism, homosexuality and lesbianism.
absent spouse in the civil registry of the residence of (indicia of PI)
the parties to the subsequent marriage shall
automatically terminate the terminable bigamous Grounds:
marriage unless there is a judgment annulling the 1. 18 to 21 without consent of parents
previous marriage or declaring it void. Ratified after attaining age of 21
Who may file – if parents until 21
Petition for declaration of absent spouse presumptively Contracting parties – 21 +5
dead may not be granted in the absence of allegation 2. Unsound mind
that the spouse present will remarry. -insane spouse
Non compliance of Art 52 – Void -ratified by sane spouse
BookMaker 9895140 Demo
1. Judgment of annulment -who may file: sane or insane
2. Partition -lifetime of either party
3. Distribution of properties 3. C o n s e n t o b t a i n e d b y F r a u d / F O R C E
4. Delivery of presumptive legitime INTIMIDATION
-free cohabitation
Remedy of reappeared spouse – affidavit of -who may file: injured party
reappearance and annulment of judgment for -5 yrs from discovery or after 5 yrs from time the
declaration of presumptive death. intimidation cease
If the missing husband was in fact alive when the 4. Impotent / STD
second marriage was celebrated , the second marriage -cannot be ratified
was void because of a prior subsisting marriage. .Had -bared by prescription of 5 yrs
Ana obtained a declaration of presumptive death, the -injured party
second marriage would have been voidable. -5 yrs from celebration of marriage
German misrepresented his citizenship to avoid having Impotence – refers to lack of power of copulation and
to present his Certificate of Legal Capacity – not to mere sterility which refers to ability to procreate.
IRREGULARITIES
Requisites for impotence to be a ground for annulment
JUDICIAL DECLARATION OF NULLITY OF MARRIAGE 1. Exist at the time of the celebration of marriage
The absolute nullity of a previous marriage may be 2. Permanent
invoked for purposes of remarriage on the basis solely 3. Incurable
of a final judgment declaring such previous marriage 4. Unknown to other spouse
void. 5. Other spouse must not be also impotent
-time of filing imprescriptible Doctrine of Triennial Cohabitation
-any of the parties may file even the wrongdoer If after 3 yrs of living together with her husband, the
wife remained a virgin, the husband is presumed to be
BookMaker 4959649 Demo
Effect of death of a party: impotent.
a. Before entry of judgment – closed
b. After entry of judgment – binding
The prosecutor shall take steps to prevent collusion
between the parties and to take care that evidence is
-the heirs cannot file for declaration of nullity of not fabricated or suppressed.
marriage.. they can protect their legitime in the
proceeding for the settlement of the estate of the Actions prohibited in annulment and declaration of
deceased spouse. absolute nullity of marriage cases
1. Compromise
Petition for declaration of nullity based on PI and lack of 2. Confession of judgment
marriage license – res judicata. Same cause of action. 3. Stipulation of facts
4. Summary judgment
If second marriage is celebrated before FC 1988- no 5. Judgment on the pleadings
need for judicial declaration of nullity of marriage.
During pendency the court can provide:
VOIDABLE MARRIAGES a. Support for spouses
-considered valid and produces all its civil effects unitl b. Custody and support for the common children
it is set aside b final judgment of a competent court in c. Visitation rights
an action for annulment.
EFFECT OF NULLITY OF MARRIAGES
Circumstances constituting Fraud GR: children are illegitimate
XPN: Art 36 and 52
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GR: 147 or 148
XPN: if Art 40 (Absolute)
GR: donations are revocable
XPN: if art 40 (valid)
XPN: if donee spouse contracted marriage in bad faith
(donation are revoke by operation of law)
Liquidation of Property , spouse contracted in Bad faith
-his share of the net profits of the community property
or conjugal partnership shall be forfeited in favour of
the common children of if there be none, the children of
the guilty party by previous marriage or in default
thereof, the innocent spouse.
-court can take cognizance of the prescription Is a contract whereby a person delivers thing to another
for the principal purpose of safekeeping it, with the When must it returned:
COOLING OFF PERIOD obligation of returning it when demanded. GR: the thing deposited should be returned upon
-the action for legal separation shall not be tried before -extrajudicial – movable demand or AT WILL whether or not a period had been
6 months has elapsed since the filing of petition, to -judicial - immovable stipulated.
enable the contending spouses to settle difference.
-the 6 months cooling off period is a mandatory Extrajudicial Deposit XPN: when the thing is stolen and the period of 30 days
requirement. -Necessary Deposit – made in compliance with from notice to the true owner for him to claim it had net
a. legal obligation yet lapsed the depositary cannot return the thing
Exception: b. occasion of calamity deposited to the depositor. This is intended to protect
RA 9262 no cooling off period , the court can c. Travellers in a hotel or by common carrier the true owner.
immediately hear the case.
-the depositor need not be the owner of the thing Voluntary Deposit
Filing of Legal Separation deposited because the purpose of the contract is -at will of the depositor, he can choose the depositary
-husband and wife safekeeping and not transfer of ownership.
-within 5 yrs Extinguishment of Voluntary Deposit:

BookMaker 7566518 Demo BookMaker 9615745 Demo

Final Judgment of nullityof annulment
a. Liquidation, partition, distribution of the
properties
b. Custody an support of the common children
c. Delivery of their presumptive legitime
-failure to record in the civil registry – will not affect third
person (art 52)
Joint Remedy if one wishes to remarry: Art 40 and 52.
LEGAL SEPARATION
-allowing only the innocent spouse and no one else to
claim legal separation
Grounds:
1. Repeated physical violence
2. Attempt to corrupt or induce petitioner
3. Attempt by respondent against life of petitioner
4. Sentence of respondent for imprisonment of
more than 6 yrs
5. Drug addiction or habitual alcoholism of
respondent.
Note: it must exist after celebration of marriage
6. Physical violence
7. Bigamous marriage
8. Sexual infidelity
9. Lesbianism or homosexuality of respondent
10. Abandonment of petitioner by respondent
Untitled Imposition* by Drexel Altavano Form 5.2 (10) 23/06/2017-10:06 AM Cyan Magenta Yellow Black
-family court
Effects of Filing Petition
1. The spouses shall be entitled to live separately
from each other
2. In the absence of a written agreement between
the parties, the court shall designate either the
husbandd or the wife or a 3rd person to
administer the absolute community or conjugal
partnership property.
-death of a party, results to death of the action itself.
Effects of Legal separation
1. Live separately
2. Forfeiture of shares of offending spouse
3. Custody to innocent spouse
4. Offending spouse disqualified to inherit
5. Will and donations , beneficiary revoke
Action for legal separation, child below 7?
GR: innocent spouse
XPN: below 7 mother
Unless for compelling reason not suited
Effects of Reconciliation
1. Termination of pendency of the action at
Rent of Safety Deposit
-is an ordinary lease of things because the GBL has
excluded the renting out of safety deposit box where
the bank shall act as agent or depositary with the
obligation to keep the funds securities and other
effects.
-Bank deposit are in the nature of irregular deposit. A
deposit in which the depositary is not to return the
specific money deposited but he is to return an equal
sum to the depositor.
OBLIGATION OF DEPOSITOR
a. P a y m e n t o f n e c e s s a r y e x p e n s e s f o r
preservation
If gratuitous – reimburse depositary
If with compensation – no reimbursement,
borne by depositary
GR: Pay losses incurred by the depositary due
to the character of the thing deposited
XPN: depositor was not aware of the dangerous
character of the thing
-depositor notified the depositary
Diligence Required in a contract of deposit
-the depositary shall observe the diligence of a good
a. Loss or destruction
b. Death of either party
NECESSARY DEPOSIT
-is one wherein the deposit is not merely by the will of
the depositor but created by force of law or on
occasion of a calamity.
Keepers of Hotel Inn are liable
-loss or injury is caused by his employees or even
stranger (regardless of the degree of care)
-loss by act of thief or robber when there is no use of
firearms or irresistible force
Keepers not liable
-loss or injury is caused by force majeure
-loss arises from character of the goods
Posting of Notice of Exempt from Liability
Hotel /Inn Keepers cannot escape or limit liability by
stipulation or the posting of notices. Any stipulation
between the hotel and the guest whereby the
responsibility of the former is suppressed or diminished
shall be VOID.
Right to retain given to hotel keepers or inn keepers
The hotel keepers has a right to retain eh thing brought
into the hotel by the guest, as a security for credits on

BookMaker 2631027 Demo BookMaker 1042695 Demo

without justifiable cause for more than 1 year.
Note: the prescriptive period beings to run upon the
commission of each act of infidelity. Every act of sexual
infidelity committed by the man is a ground for legal
separation.
DEFENSES
1. Condonation of the act
2. Consent to the commission of the offense
3. Connivance in the commission of the act
4. Collusion in the procurement of decree of LS
5. Mutual guilt
6. Prescription : 5 yrs from occurrence of cause
7. Death of either party during the pendency of
the case
8. Reconciliation of the spouses
Prescription: an action for legal separation shall be filed
within 5 years from the time of the occurrence of the
cause . An action filed beyond that period is deemed
prescribed
whatever stage
2. Final decree set aside
Property Regime
1. Maintained as ordered
2. XPn: parties revive under oath
Reconciliation does not automatically revive the former
property regime of the spouses. They must execute an
agreement to revive the former property regime, which
shall be submitted to the court.
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND
AND WIFE
Essential Marital Obligation
a. Live together which includes consortium and
copulation
b. Observe mutual love and respect and fidelity
c. Render mutual help and support
PROPERTY RELATIONS
father of a family in the performance of his obligation to
protect and preserve the thing deposited, unless higher
degree of diligence is stipulated by the parties.
Loss through Force Majeure or Expropriation
-if the depositary loses the thing through FM or
government order and receives money or another thing
in its place, he shall deliver the sum or other thing to the
depositor
Right of Retention of Depositary:
The depositary has the right to retain the thing in
pledge until full payment of what may be due to him by
reason of the deposit.
Proving ownership of the thing deposited
GR. The depositary cannot demand, that the depositor
should prove his ownership of the thing deposited.
XPN: Should he discover that the thing has been stolen
and who its true owner is, he must advise the latter of
the deposit.
account of lodging and supplies usually furnished to
hotel guests.
GUARANTY AND SURETYSHIP
Guaranty
-is a contract where a person called the guarantor
binds himself to the creditor to fulfll the obligation of the
principal debtor in case the latter should fail to do so.
-secondary liable
-benefit of excussion
SURETYSHIP
Suretyship is a contract where a person binds himself
solidarily with principal debtor.
-primary liable
-cannot avail of benefit of excussion
Similarity – both undertake to answer for the debt,
default or miscarriage of another person.

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Chammy Diamond Notes in Civil Law Bar 2016
Dragnet Clause
-is a mortgage provision which is specifically phrased
to subsume all debts of past or future origin. It is valid
and legal undertaking . Operate as a convenience and
accommodation to the borrowers as it makes available
additional funds without their having to execute
additional security documents.
-A stipulation forbidding the owner from alienating the
immovable mortgaged is NOT VALID.
Foreclosure
a. Judicial – with deficiency
b. Extrajudicial – without deficiency. May only be
effected if there is clause incorporated in the
mortgage contract giving the mortgagee the
BookMaker 2800354
power to upon default of debtor to foreclose the
mortgage by an extrajudicial sale. -must be embodied
-authority to sell is not extinguished by the
recorded in the Chattel Mortgage Register
death of the mortgagor.
SURVIVE THE DEATH
-An action for foreclosure survive the death of
mortgagor because the claim is not a pure money claim
but an action to enforce a mortgage lien. The action
may be prosecuted by the interested person against
the executor or administrator independently of the
testate or intestate proceeding.
Remedies of the Mortgagee in case of death of the
debtor
a. To waive the mortgage and claim the entire
debt from the estate of the mortgagor
b. To foreclose the mortgage judicially and prove
any deficiency
c. To rely on the mortgage exclusively ,
foreclosing the same without any right to file for
any deficiency.
Necessity of Confirmation of Court
-a foreclosure sale is not complete until it is confirmed
and before such confirmation, the court retains control
of the proceedings by exercising sound discretion.
-there can be no redemption of the property after
Untitled Imposition* by Drexel Altavano Form 6.1 (11) 23/06/2017-10:06 AM Cyan Magenta Yellow Black
BookMaker 6864863 Demo
confirmation.
auctions, the right of redemption is no longer available
Extrajudicial Sale effected: to the mortgagee.
a. Filing petition with the office of the sheriff
b. Posting and publication
No injunction in a writ of possession – regardless of the
result of the suit for the annulment of the mortgage or
foreclosure , the purchaser is entitled to a writ of
possession.
REDEMPTION
a. Right of Redemption- 1 yr after registration
b. Equity of Redemption – 90-120 days after entry
of judgment but before confirmation
The mortgagor can still mortgage the property during
the period of redemption, because the mortgagor
remains to be the owner.
GR: Judicial foreclosure, equity of redemption only
XPN: mortgagee is a bank – right of redemption
2 5 10 40 70
Chammy Diamond Notes in Civil Law Bar 2016
Art 38. Void for public policy. -obtaining a marriage license in a place other than
ANTICHRESIS where either party habitually resides is a mere
-is a contract whereby the creditor acquires the right to SOLEMNIZING AUTHORITY IRREGULARITY
receive the fruits of an immovable of the debtor with the 1.Judiciary – should be within jurisdiction
obligation to apply them to the payment of interest then -if solemnized outside his jurisdiction – IRREGULARITY FOREIGN NATIONAL
principal. in the formal requisite which will not affect the validity of -when either or both of the contracting parties are
marriage but may subject the official to administrative citizen of a foreign country, it shall be necessary for
-formal contract liability. them to submit a CERTIFICATE OF LEGAL CAPACITY
-the amount of the principal and interest must be both TO CONTRACT MARRIAGE, issued by their respective
in writing otherwise void. Exception to the rule requiring authority of the diplomatic consular officials.
solemnizing officer
CHATTEL MORTGAGE When marriage contracted with either or both parties Validity of the marriage without the required certificate
-is a contract by virtue of which personal property is believe in good faith that the solemnizing officer ha the of legal capacity to marry – IRREGULARITY.
recorded in the Chattel mortgage Register as a security authority to do so.
for the performance of an obligation EXCEPTION TO MARRIAGE LICENSE REQUIREMENT
2.Priest – at least one parties belongs to such church 1. Marriages among Muslims
Demo BookMaker 9785073 Demo
Formal Contract 3.Consul – both parties are Filipino and marriage takes 2. Marriages in Articulo Mortis
in a public instrument and place abroad in the country where the consul holds 3. Marriags between parties cohabiting for at least
office. 5 years
4.Mayor – same as judges 4. Marriage outside the Phls. Where no marriage
Requisites of Chattel Mortgage license is required.
a. Cover movable property Marriages in Articulo Mortis
b. Registration with the chattel mortgage register a.Ship Captain/Airline Chief – during voyage, between Requisites for 5 years Cohabitation
c. Description of the property passenger and crew members 1. Exclusivity
d. Affidavit of good faith to bind third person b.Military Commander – commissioned officer , in the 2. Continuity
absence of 3. No legal impediemtn
-secure only present and existing obligation a. absence of chaplain 4. Execute affidavit
b.within zone of military operation 5. Solemnizing officer must executed a sworn
Offenses in Chattel mortgage c. members of AFP and civilian statement
a. Knowingly removing any personal property
registered in the chattel mortgage to any Duty of the Solemnizing Officer There is presumption of marriage. Every intendment of
province or city other than where it was located -after solemnizing the marriage shall state in an affidavit the law leans toward legitimizing matrimony.
without the written consent of the mortgagee before the LCR that eh marriage was performed in
b. Selling or pledging personal property already articulo mortis and that he took the necessary steps to EFECT OF MARRIAGE CELEBRATED ABROAD AND
mortgaged without the consent of the ascertain the ages and relationship of the contracting FOREIGN DIVORCE
mortgagee. parties and the absence of a legal impediment to the GR: marraiges between Filipino solemnized outside the
marriage. Phils. In accordance with the law of the foreign country
Procedure for Foreclosure of Chattel Mortgage -failure to execute affidavit – still VALID where it is celebrated , if VALID shall be valid here as
a. 30 days after default caused the mortgaged such:
property to be sold at public auction VENUES OF MARRIAGE
b. Creditor 10 day notice to serve to the GR: solemnized publicly XPN: it shall be VOID
mortgagor XPN a. Below 18
c. Notice of time and place is posted 1. Marriage at the point of death b. Incestuous
2. Marriage in remote places c. Bigamous
BookMaker 1570643 Demo
Note: After the sale of the chattel mortgaged at public 3. Marriage at house or place designated by d. Mistake
parties with the written consent of solemnizing e. PI
officer f. Public Policy
Venue – is directory only.
Art 26, 2nd par.
Recovery of Deficiency MARRIAGE LICENSE 1. Mixed marriage (one party is Filipino, one is
GR: may recover deficiency Validity: alien)
XPn: Recto Law (sale on installment) -license shall be valid in any part of the Philippine for a 2. Divorce must be obtain by alien spouse
period of 120 days from the date of issue (4 months)
CONCURRENCE AND PREFERENCE OF CREDITS and shall be deemed automatically cancelled at the Foreigner seek to obtain marriage license in the Phils
MOVABLES expiration of said period if the contracting parties have -he has to prove his legal capacity. If his marriage was
a. Taxes not made use of it dissolve by reason of divorce, he heas to file a sworn
b. Malversation of public officials statement as to how the marriage was dissolved and
c. Vendors lien -if marriage contracted after 120 days – VOID for lack furnish the LCR with the judgment.
d. Pledge chattel of marriage license
e. Mechanic lien VOID MARRIAGES
f. Laborers wage Lack of parental advice – issuance of marriage license 1. Absence of any of the essential or formal
IMMOVABLES is suspended for 3 months from the completion of requisites
a. Taxes publication. 2. Below 18
b. Vendors lien 3. Solemnized without license
c. Contractors lien 4. Solemnized by person not authorized by law
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5. Contracted through mistake b. Root cause must be medically identified A chattel mortgage can only cover obligations existing Right to dispose the thing pledge, provided there is
6. Bigamous or polygamous c. Incapacity must be proven existing at the time at the time the mortgage is constituted and not to consent of the pledgee
7. Subsequent marriages which are void of the celebration of marriage obligations subsequent to the execution of the
8. PI d. Interpretation given by the national matrimonial mortgage. Right to ask thing to be deposited
9. Incestuous marriages tribunal while not controlling should be given a. If creditor misuse
10. Contrary to public policy great respect PACTUM COMMISSARIUM b. Creditor use without authority
e. Solicitor general must appear as counsel for -Is a stipulation whereby the thing pledged or c. Thing is in danger of being lost or impaired
VOID the state. mortgaged or subject of antichresis shall automatically
-petition: declaration of nullity of marriage become the property in the event of non payment of the Right to demand the return of the thing pledged against
Filed -GR: Husband and wife No PI debt within the term fixed. Such stipulation is null and the will of the creditor
XPN a party to a previous marriage 1. Irreconcilable difference void. -the pledger does not have the right to demand the
-imprescriptible 2. Sexual infidelity return of the thing pledged against the will of the
-either directly or collaterally 3. Disagreement -what are prohibited are those stipulation executed or creditor. He cannot ask for its return until the obligation
GR: illegitimate 4. Abandonment made simultaneously with the original contract and not is fully paid including interest due thereon and
XPN: Art 36 and 52 (LC) those subsequently entered into. expenses incurred for its preservation.
-147 or 148 Santos vs CA

BookMaker 9557035 Demo BookMaker 5885201

Option of unpaidDemo
-if dissolve under 40 (absolute) SC held that being of unsound mind, drug addiction , No pactum comissorium Foreclosure of Pledge
GR: there is no necessity to obtain a judicial declaration habitual alcoholism , lesbianism or homosexuality may Conveyance of property – dancion en pago Creditor
XPN: for purposes of remarriage be indicia of PI depending upon the degree of severity Grant of right to sell a. Foreclose the thing pledged
of the disorder. However, the concealment of drug Executed Deed of sale b. Abandon the pledge and file a claim for
VOIDABLE addiction, habitual alcoholism, lesbianism or collection
-annulment of marriage homosexuality is a ground of annulment of marriage PLEDGE
GR: offended spouse -if property is foreclosed debtor NOT entitled to excess Procedure for the public sale of thing pledged
XPN: parents (before 21) or while insane -Gay or Lesbian / sexual pervert – concealment of -no recovery of deficiency a. Due and unpaid
GR: 5 yrs from discovery these conditions renders marriage VOIDABLE – may b. Sale must be in public auction
XPN: lifetime in case of insanity also be an indicia of PI. CHATTLE – c. Notice of the pledger and owner
-before the party reaches 21 for parents -if foreclose, debtor entitled to excess and creditor to d. Sale must be conducted by Notary Public.
-direct proceeding only INCESTUOUS MARRIAGES deficiency
Children : legitimate 1. Collateral blood relatives within the 4th degree Effect of Sale of the thing Pledged:
GR: govern by absolute community 2. Step parent and step children Requisites of Contract of Pledge The sale of the thing pledged extinguishes the principal
Judicial declaration is necessary 3. Parents in law and children in law a. There is principal obligation obligation. The extinction is automatic regardless of WN
4. Adopting parent and the adopted child b. Pledger absolute owner (remember) the proceeds realized from the public auction or sale
ABSENCE OF REQUISITES 5. Adopted child and LC of the adopter c. Have free disposal are more or less than the amounts of the principal
Same sex – VOID 6. Adopted children of the same adopter d. Delivery obligation and other incidental expenses.
Below 18 – VOID 7. Parties with intention to marry the other, kill the
Mixed marriage – Filiipino 18, alient 17 latter spouse -pledged must be embodied in a public instrument to -the pledgee is allowed to appropriate the thing pledge
-valid if national law of alien recognizes 17 yrs old to be VALID MARRIAGES affect 3rd person, but if not, still valid between parties if no sale was effected on the second auction.
capacitated to marry 1. Adopted and IC of the adopter but will not bind 3rd person
2. Step brother and step sister PLEDGE BY OPERATION BY LAW –these are right of
PSYCHOLOGICAL INCAPACITY 3. Brother in law and sister in law -an undated instrument of pledge is VOID retention
-no less than a mental incapacity that causes a party to 4. Parties who have been guilty of adultery and a. Right of possessor in GF to retain the thing until
be truly incognitive of the basic marital covenants that concubinage GR: symbolic or constructive delivery in pledge is not refunded of necessary expenses
concomitantly must be assumed and discharged by the sufficient b. Right of agent to retain the thing subject of the
parties to the marriage SUBSEQUENT MARRIAGE XPN: stores in warehouse , mere delivery of keys is agency until reimbursed of his advances
Untitled Imposition* by Drexel Altavano Form 6.2 (12) 23/06/2017-10:06 AM Cyan Magenta Yellow Black

BookMaker 7900483 Demo BookMaker 6670772 Demo

Requisites:
1. Juridical Antecedence – must be rooted in the
history of the party antedating the marriage
2. Gravity – grave enough to bring about the
disability of the party to assume the essential
marital obligations
3. Permanence or incurability – must be incurable
Root cause of PI
-medically or clinically identified
-alleged in the complaint
-sufficiently proven by experts
*the Physicians examination is NOT required in
establishing PI as a ground. If the totality of evidence
presented is enough to sustain a finding of PI
physicians examination of the person concerned need
not be resorted to
Guidelines
a. Burden of proof belongs to the plaintiff
-bigamous marriage – Art 40 expressly requires a
judicial declaration of nullity of marriage. Before one
can contract a second marriage on the ground of nullity
of the first marriage, there must be first be a final
judgment declaring the first marriage void.
Requisites for the validity of subsequent marriage
1. The absent spouse had been absent for 4
consecutive years (ordinary) or 2 consecutive
years (extra ordinary)
2. The present spouse has a well founded belief
that the absent spouse is already dead
3. There is judicial Declaration of presumptive
death in a summary proceeding
-if both spouses of subsequent marriage acted in bad
faith, such marriage is void ab initio. Shall be liable for
bigamy.
Note: the order of the TC granting the petition for
judicial declaration of presumptive death under Art 41
sufficient
GR: the possession of a movable property is equivalent
to title
XPN: one who has unlawfully been deprived may
recover
XPN to the XPN: PUBLIC SALE-cannot obtain the
return without reimbursement (P-R)
Pledgee may cause the sale of the thing even the
obligation is not yet due:
If, without the fault of the pledgee there is danger of
destruction, impairment or diminution in value of the
thing pledged, he may cause the same to be sold at
pubic auction.
Renunciation of the Pledge by the Pledgee
Requires the statement to be in WRITING to that effect.
Acceptance not necessary.
RIGHT OF PLEDGOR
c. Right of retention of depositary until full
payment of what is due to him by reason of
deposit
d. Right of hotel keeper to retain things upon
payment of bills.
REAL MORTGAGE
Kinds of Real Mortgages
a. Conventional – contracting parties
b. Legal Mortgage – required by law
c. Equitable Mortgage – intention of the parties is
to make the immovable as a security for the
performance of the obligation but the
formalities of a real mortgage are not complied
with.
Requisites for Valid Real Estate Mortgage
a. Upon immovable
b. Appear in public instrument
c. Registration in the Registry of Property is
necessary

50/57 11/57

Created with BookMaker 1.1.2 (Demo)

 C 70 40 M 70 40 Y 70 40 K 70 40 CMY70 CM CY MY 2 5
Chammy Diamond Notes in Civil Law Bar 2016
c. The sharing of gross return does not of itself
establish partnership WN the person sharing
them have a joint or common right or interest in
any property from which the return are derived;
d. The receipt by a person of a share of the profits
of a business sis prima facie evidence that he
is a partner in the business, but no such
inference shall be drawn if
a. As debt by installment
b. As wages
c. As annuity
d. Interest in loan
e. As consideration in sale of goodwill
-the Existence of a partnership must be proved and
cannot be PRESUMED.
BookMaker 3698365 Demo
CLASSIFICATION OF PARTNERSHIP
1) Universal Partnership:
A)Of all present property :
The partners contribute all the property which
actually belongs to them to a common fund, with
the intention of dividing the same among
themselves , as well as profits they may acquire
therewith
`-property which belonged to each of the partners at
the time of the constitution of the partnership
-Profits which they may acquire from all property
contributed.
b) Of all Profits – comprises of all that the partners may
acquire by their industry or work during the existence of
the partnership
2) Particular Partnership :
-it is one which has for its object determinate things,
their use and fruits or a specific undertaking or the
exercise of a profession or a vocation
Liability of Partners
a. General Partnership – one where all the
partners are general partners who are liable
even with respect to their individual properties
after the assets of the partnership have been
Untitled Imposition* by Drexel Altavano Form 7.1 (13) 23/06/2017-10:06 AM Cyan Magenta Yellow Black
BookMaker 9402344 Demo
exhausted.
Partners by estoppel
b. Limited Partnership – one formed by 2 or more
-one who by words or conduct does
persons having a member one or more general
partners and one or more limited partners, the
latter not being personally liable for the
obligations o the partnership
Duration:
a. Partnership at will – can be terminated anytime
b. Partnership with a fixed period – with a period
Ostensible Partnership – when 2 or more persons
attempt to create a partnership but fail to comply with
the legal personalities essential for juridical
personality , the law considers them as partners, and
the association is a partnership insofar as it is favorable
to third person by reason of the equitable principle of
estoppel.
Presumption of Universal Partnership of Profits
-when the Articles of Universal Partnership fail to
specify whether it is one of all present property or of
10 40 70
profits, only constitutes a UNIVERSAL PARTNERSHIP
OF PROFITS because it imposes lesser obligations on
the partners, since they preserve the ownership of their
separate property.
Persons disqualified from entering into a Universal
Partnership (those prohibited in donation)
a. Legally married spouse
b. Common law spouses
c. Guilty of adultery and concubinage
-future properties cannot be contributed.
Particular Partnership
-it is one which has for its object determinate things ,
their use or fruits, or specific undertaking , or the
exercise of a profession or vocation
-simple, temporary, ad hoc
-there is no requirement that the business of the
partnership be continuing in nature (even single
transaction)
Note: if properties and industry contributed –universal
If purely money – particular
General Partnership
-general partners have equal right in management
-contribute money, property and industry
-operate a firm name
Limited partnership
-no participation in management
-contribute money only
-operate a firm name with word” LTD)
Surname of Limited partner –shall not appear in the
partnership name
Except: a. surname of the gen. partners
c. Before he became a partners it was carried
already
Otherwise: a limited partner whose name appear in the
partnership name is liable as a general partner to
partnership client.
a. directly represent himself to anyone as partner in an
existing partnership
b. indirectly represent himself by consenting to another
representing him.
Professional Partnership
-a partnership formed by person for the sole purpose of
exercising their common profession, no part of the
income of which is derived from engaging in any trade
or business.
MODES OF APPOINTMENT OF A MANAGER
If Appointed by the Articles of Partnership – Power is
IRREVOCABLE
Vote required for removal of Manager
a. For Just Cause – controlling partners
b. W/O just Cause – unanimous vote
Extent of Power
14/57
Chammy Diamond Notes in Civil Law Bar 2016
Ipso facto becomes a Filipino citizen if she does not
suffer under any disqualification for naturalization as a
Filipino citizen.
A Filipino who marries an alien husband
Constitution provides that she” shall retain her
Philippines citizenship unless her act or omission , she
is deemed under our law to have renounced her
citizenship”
Rules in determining domicile of a person
Legitimate – parents
Illegitimate – mother
Legitimated – father
Adopted – real parents
Foundling – country where it was found
BookMaker 3732421 Demo
HUMAN RELATIONS Juridical Capacity
Abuse of Rights -fitness to be the subject of legal relations
-the exercise of a right ends when the right disappears,
and it disappears when it is abused, especially to the
prejudice of others.
Elements of Abuse of rights
1. There is a legal right or duty
2. Such duty is exercised in bad faith
3. Sole intent of prejudicing or injuring another
4. Absence of good faith
Principle of Damnum Absque Injuria
Damage without injury
One who merely exercises one’ right does no
actionable injury and cannot be held liable for
damages. This is premised on the valid exercise of
right.
-there can be damage without injury in those instances
in which the loss or harm was not the result of violation
of legal duty.
Art 19: Every person must, in the exercise of his rights
and in the performance of his duties , act with justice ,
give everyone his due and observe honest and good
faith. (intentional)
Art 20: Every person who contrary to law, willfully or
BookMaker 5747593 Demo
negligently cause damage to another shall indemnify
the latter for the same.
Art 21: Any person who willfully causes loss or injury to
another in a manner that is contrary to morals, good
customs or public policy shall compensate the latter for
the damage. (contrary to morals – intentional)
a. There is an act which is legal
b. Contrary to morals, good customs
c. Done with intent to injure
Art 19, 20 and 21 moral damages are recoverable
Breach of Promise to Marry
GR: a breach of promise to marry per se is not an
actionable wrong.
XPN:
1. Victim of moral seduction
2. Sets a wedding and go through the spend for
all the preparation
3. Victim of abduction and rape
ACCION IN REM VERSO
-it is an action for recovery of what has been paid or
delivered without just cause or legal ground.
-it can only be availed if there is no other remedy to
enforce it based on contract, quasi contract.
Accion in rem verso vs Solutio Indebiti
Mistakes is an essential element of solution indebiti . In
accion in rem verso , it is not necessary that there
should have been mistake in the payment
PERSONS AND FAMILY RELATIONS
Kinds of Persons
Natural – human beings
Juridical – artificial persons
Juridical Capacity and Capacity to Act
-inherent
-loss only through death
-can exist without capacity to act
Capacity to Act
-power to do acts with legal effects
-loss through death and other causes
-cannot exist without a juridical capacity
Restriction on Capacity to Act
1. Minority
2. Insanity
3. Deaf mute
4. Imbecility, prodigality , civil interdiction
Effects of Civil Interdiction
1. Deprivation of parental or marital authority
2. Deprivation of rights
3. Deprivation of his property
4. Deprivation of rights to manage one’s
properties
BIRTH
Determination of Personality
-birth determines personality, but the conceived child
shall be considered born for all purposes that are
favorable to it, provided it is born late with the
conditions specified in Art 41.
Note: Personality of the child shall commence from the
time of his conception subject to Art. 41
Born later in accordance with the law
1. Less than 7 months – must survive for at least
24 hours after its complete delivery from the
maternal womb
2. At least 7 months – if born alive, it shall be
considered born if it dies within 24 hours after
complete delivery
A conceived child has limited and provisional
personality.
Right of a child while even on the mother’s womb.
a. Right to support
b. To receive donations
c. To be acknowledged
47/57
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 C 70 40 M 70 40 Y 70 40 K 70 40 CMY70 CM CY MY
Chammy Diamond Notes in Civil Law Bar 2016
DEATH
Natural person – by death
Juridical person – by termination of existence
Rules to apply in case there is doubt as to who died
first
1. If successional rights are involved – art 43
(Survivorship Rule) Presumption of
simultaneous death between persons called to
succeed each other
2. If no successional rights are involved – Rule
131 of the Rules of Court applies.
Note: both are to be applied in the absence of fact.
Burden of Proof – whoever alleges the death of one
person prior to the other has the burden of proving
BookMaker 6085896 Demo
such claim.
Absent such proof – Presumption is they all died at the
same time. There shall be no transmission of
successional rights.
PRESUMPTION OF SURVIVORSHIP under the ROC
1. If both under 15 – the older survive
2. If both above 60 – younger surive
3. If one is under 15 and other above 60- younger
survive
4. If both is above 15 but under 60- male survive
5. Under 15 or over 60 / between 15 and 60-
between 15 and 60 survive.
MARRIAGE
-is a special contract of permanent union between a
man and a woman entered into in accordance with law
for the establishment of conjugal and family life. It is the
foundation of the family and in inviolable social
institution whose nature, consequences and incidents
are governed by law and not subject to stipulation
except that marriage settlement may fix the property
relations during the marriage within the limits provided
by the Family Code.
-Sui generis
Marriage certificate
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BookMaker 2789874
-best documentary evidence of marriage
-the failure to present it is not , however, proof that no
marriage took place, as other evidence may be Validity of marriage by proxy
presented to prove marriage.
Proof of marriage
1. Testimony of a witness to the matrimony
2. The couples public and open cohabitation as
husband and wife
3. The birth and baptismal certificate of the child
4. Mention of such nuptial in subsequent
documents
ESSENTIAL REQUISITES
1. Legal Capacity – male and female
2. Consent freely given in the presence of
solemnizing officer
Legal Capacity :
1. Age – 18
2. Sex – between male and female4
3. Lack of legal impediment to marry
2 5 10 40 70
Art 37 and 38 ( incentuous marriage and void for public
policy)
Age of legal capacity – at the age on the date of
marriage
18-21 – parental consent and marriage counselling
22-25 – parental advise and marriage counselling
Note: Absence of the additional requirement of parental
advice does not make the marriage void or voidable , it
only affects the release of the marriage license to be
POSPONED until 3 months from the complete
publication of the application.
FORMAL REQUISITES
1. Marriage ceremony
2. Authority of the solemnizing officer
3. Valid marriage license
EFECT OF ABSENCE OF REQUISITES
1. Absence of any of the essential requisites –
VOID
2. Absence of any of the formal requisites- VOID
XPN: VALID even in the absence of formal requisites:
a. Marriages exempt from license requirement
b. Either or both parties believed in good faith that
the solemnizing officer had the proper authority.
3. DEFECT in essential requisites – VOIDABLE
4. IRREGULARITY in formal requisites – VALID,
but the party responsible for such irregularity
shall be civilly, criminally or administratively
liable.
MARRIAGE CEREMONY
1. Takes place with the personal appearance of
the contracting parties before the solemnizing
officer
2. Their personal declaration that they shall take
each other as husband and wife
3. In the presence of not less than 2 witnesses of
legal age.
Note: no particular form of ceremony or religious rite for
Demo
solemnization of the marriage is required by law.
-depends on the place of celebration of marriage
1, if performed in the Phils – VOID
2.if performed abroad – depends upon the law of the
place where the marriage was celebrated. (lex loci
celebrationis)
Note: As to marriage between Filipinos – all marriage
solemnized outside the Philippines, in accordance with
the laws enforced on said country where they are
solemnized , and valid there as such, shall also be valid
here in the country except those prohibited Art 35
a. Below 18
b. Solemnized without authority
c. Bigamous
d. Contracted by mistake
e. Subsequent marriage are void
Art. 36 Psychological incapacity
Art. 37 Incestuous from the beginning
48/57
Chammy Diamond Notes in Civil Law Bar 2016
Order of Preference on the Properties of Debtor
a. Wage of employees
b. Funeral expenses
c. Expenses of last illness
d. Workmens’ compensation
e. Support for one year
** End of Credit ***
PARNERSHIP
It is a contract whereby two or more persons bind
themselves to contribute money , property or industry to
a common fund, with the intention of dividing profits
among themselves.
BookMaker 4890349
XPN: if propertyDemo
-two or more persons may also form a partnership for
the exercise of profession. or real rights have been contributed to
the partnership
Typical incidents of Partnership
a. The partnership has a juridical personality
separate and distinct from each of the partners.
Such juridical personality automatically
acquired despite failure to register in the SEC
b. Equal rights in the management and conduct of
the partnership
c. Every partner is an agent of the partnership
d. He may also be bound for the entire
partnership obligations
e. All partners are personally liable for the debts
of the partnership with their separate property
except: limited partners- are not bound beyond
their investment
f. On dissolution, the par tnership is not
terminated but continues until the winding up of
partnership is completed
Joint Venture
-limited to the period
-temporary
- a firm name is not necessary
-Corporation can engage in joint venture with another if
the venture is in line with the business authorized by its
charter
BookMaker 4036449
common with hisDemo
Persons qualified to be a partner co heirs under a single management
GR: any person capacitated to contract may enter into
to be used with the intent of making profit it becomes
a contract of partnership
XPN:
1. persons prohibited from giving each other any
donation cannot enter into a universal
partnership
2. persons suffering from civil interdictions
3. person who cannot give consent
Note: Husband and wife can only enter particular
partnership
Principle of delectus Personae
-“no one can become a partner of the partnership
association without the consent of all the partners”
-a partnership may be formed even if the common fund
is composed of entirely borrowed or loaned money
-a partnership is a CONSENSUAL CONTRACT , it exist
from the moment of the celebration of the contract by
the partners. A partnership begins from the moment of
the execution of the contract unless it is otherwise
stipulated. Its registration in the Sec is not essential to
give it juridical personality.
Formalities needed for the creation of a partnership
GR: No special form is required for its validity or
existence . Can be orally or in writing regardless of the
value of the contributions.
-an agreement to enter into a partnership at a future
time , which by its term is not performed within a year
from the making is covered by SF. (must be in writing to
be enforceable)
Personal Property :
a. less than 3k – oral
b. 3k or more – must be in public instrument and
registered with SEC
Note: even not registered , the partnership is
still valid and possess a distinct personality.
Real Property: (if not complied VOID)
a. In a public instrument
b. A) With an inventory of said property,
B) signed by the partners and
c) attached in the public instrument,
d) and registered in the Registry of Property.
Limited Partnership:
-must be registered as such with SEC , otherwise it is
not valid as a limited partnership but may still be
considered general partnership with juridical
personality.
-Registration with SEC is merely for administration and
licensing hence, it shall not affect the liability of the
partnership and the members thereof to third persons
-If after partition, an heir allows his share to be held in
an UNREGISTERED PARTNERSHIP .
Cuentas en participacion (accidental partnership)
Constituted in such a manner that its existence was
only known to those who had an interest in the same,
there being no mutual agreement between the partners,
without corporate name indicating to the public in some
way that there were other people besides the one who
ostensibly managed and conducted the business.
RULES TO DETERMINE EXISTENCE
a. Persons who are not partners as to each other
are not partners as to 3rd persons
b. Co-ownership or co possession does not of
itself establish partnership, whether such co
owners or co possessors do or do not share
any profits made by the use of the property
13/57
Created with BookMaker 1.1.2 (Demo)
 C 70 40 M 70 40 Y 70 40 K 70 40 CMY70 CM CY MY 2 5 10 40 70

Chammy Diamond Notes in Civil Law Bar 2016 Chammy Diamond Notes in Civil Law Bar 2016

-include right to associate another person with him in a. Transaction to win up partnership affairs or to Penal laws favorable to the accused
his share without the consent of the other partners. complete transactions PARTITION AND DISTRIBUTION OF ESTATE
(subpartnership) b. Had no knowledge or dissolution Every act intended to put an end to indivision among co XPN to the XPN:
heirs and legatees is deemed to be a partition. Impairs obligation and contracts
Effect of Assignment of partner’ whole interest in the Bill of attainder
Partnership Doctrine of Marshalling assets Partition cannot be demanded Ex post facto laws
-partnership creditors have preference in partnership a. Expressly prohibited within 20 yrs
1. Restriction on Assignee assets b. Agreed by co heirs not exceeding 10 yrs Non Retroactivity of Laws
-no right to interfere with management -separate or individual creditors have preference in c. Prohibited by law Judicial decisions have no retroactive effect. When
-to require any information separate or individual creditors d. Unserviceable doctrine of SC is overruled and a different view is
-to inspect partnership books adopted, the new doctrine should be applied
LIMITED PARTNERSHIP Heir selling his hereditary rights to a stranger, any or all prospectively and should not apply to parties who had
2. Right of ASSIGNEE It is one formed by two or more persons having as of the co heir may be subrograted to the rights of the relied on the old doctrine and acted on the faith
-to receive profits members one or more general partners and one or purchaser by reimbursing him fro the price of the sale , thereon.
-to avail usual remedies more limited partners , the latter not being personally provided they do so within a period of 30 days from the
liable for partnership debts time they were notified in writing of the sale of MANDATORY OR PROHIBITORY LAWS

BookMaker 2288737 Demo BookMaker 5140617 Demo

Rule in Distribution of Profit and Losses -without risk of personal liability VENDOR. GR: acts executed against the provisions of mandatory
Profits or prohibitory laws are VOID
a. Agreement Essential Requirement for Formation of Limited The action for rescission on account of lesion shall XPN:
b. Capitalist – in proportion to their contribution Partnership prescribe in 4 years from the time the partition was 1. Makes the act valid but punishes the violator
c. Industrial- just and equitable a. Certificate of articles of limited partnership made.
b. Signed and sworn WAIVER OF RIGHTS
Losses: c. Certificate must be filed for record Study table of legitime on testate an intestate It is the intentional or voluntary relinquishment of a
a. Agreement Substantial compliance is sufficient succession known right or such conduct as warrants an inference
b. Agreement as to profits of relinquishment of such right.
c. In proportion to capital contribution Liabilities of a limited partner *** End Wills ***
1. Limited partners are not principals , their Waiver can be express or implied , however it cannot
Note: a stipulation exempting or excluding a partner in liability is to the partnership not to the creditors PRELIMINARY MATTERS be presumed
the sharing of profit and losses is VOID of the partnership
2. He is liable only if he contributed services aside Effectivity of laws Right
Dissolution from money If date is specified – upon lapse of date plus It is a legally enforceable claim of one person against
-does not automatically result in the termination of the 3. When his name appears in the partnership publication another.
legal personality of the partnership, nor the relations of name If date is not specified – 15 days period plus a. Natural, political, civil rights
the partners among themselves who remain as co publication
partners until the partnership is terminated. When may a limited partner have the partnership If immediate effectivity – effective after publication Unwaivable Rights
dissolved: a. Right to future inheritance
Dissolution a. When his demand for the return of his Publication is indispensable in every case, but the
Winding up contribution is denied. legislature may in “its discretion” provide that the usual GR: Rights can be waived
Termination b. When his contribution is not paid although 15 day period shall be shortened or extended. XPN’s
entitled to return 1. Contrary to law, public order or public policy
Causes: GR: All laws are required to be published in full
a. Without violating agreement Effect of death, insanity or civil interdiction of a partner. XPN: municipal ordinances, letters of instruction Requisites to a valid waiver:
b. Violating agreement General Partner – partnership is dissolved XPN to the XPN: administrative rules that require 1. Waiving party must actually have the right he is
c. Unlawfulness Limited partner- is not dissolved except all limited publication renouncing
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BookMaker 4713776 Demo BookMaker 6797169 Demo

d. Lost partners cease to be such. 2. He must have full capacity to make the waiver
e. Death, insanity civil interdiction Newspaper of Gen. Circulation: 3. Waiver must be clear and unequivocal
f. Insolvency 1. Within the courts jurisdiction 4. Waiver must not be contrary to law, public
*** end of Partnership *** 2. Regular intervals order, public morals
Effect of Dissolution 3. Bonafide subscription 5. When formalities are required, they must be
-partnership is not terminated but continues for a SALES 4. Not devoted to a particular class complied with
limited purpose, transaction of new business is
prohibited By the contract of sale, one of the contracting parties Ordinance – requires publication in newspaper, if no
obligates himself to transfer the ownership of and to newspaper, posting in 2 conspicuous places is Ways of repealing laws:
Effect of Dissolution on Authority of Partner deliver thing and the other to pay therefor a price sufficient a. Express – expressly provide for such
Authority of partner to bind the partnership is certain in money or its equivalent b. Implied – if the provision of the subsequent law
immediately terminated when the dissolution is not by MISTAKE OF FACT AND MISTAKE OF LAW are incompatible
the act, insolvency or death of a partner. Gross inadequacy of price does not affect a contract of Mistake of Fact
sale except as it may indicate a defect in the consent or -want of knowledge of some fact Requisites of Implied Repeal
When the dissolution is by act, insolvency or death the the parties intended a donation. -good faith is an excuse 1. The laws cover the same subject matter
termination of authority depends upon W/N the partner 2. The latter is repugnant to the earlier
had knowledge or notice of dissolution. ELEMENTS OF A CONTRACT OF SALE Mistake of Law
1. Elements of a contract of sale -want of knowledge of law Implied repeals are not to be favored because they rest
a. Consent -good faith is not an excuse only on the presumption that because the old and the
b. Determinate subject matter new laws are incompatible.
GR: A partner continues to bind partnership even after c. Consideration GR: laws shall have no retroactive effect
dissolution in the following cases: XPNs: tax laws, remedial, curative, interpretative laws Revival of Repealed law

16/57 45/57

Created with BookMaker 1.1.2 (Demo)

 C 70 40 M 70 40 Y 70 40 K 70 40 CMY70 CM CY MY
Chammy Diamond Notes in Civil Law Bar 2016
1. If the 1st law is repealed by implication by the
2nd law and the 2nd law is repealed by the 3rd
law; the 1st law is revived unless otherwise
provided
2. If the 1st law is expressly repealed by the 2nd
law and the 2nd law is repealed by the 3rd law ,
the 1st law is not revived unless expressly
provided so.
Self Lapsing laws
Laws that provide for their limited application
JUDICIAL DECISIONS
Judicial decisions are the evidence of what the law
means
BookMaker 2031552 Demo
DUTY TO RENDER JUDGMENT
No judge or court, shall decline to render judgment by
reason of the silence, obscurity or insufficiency of the
law
Guidelines
1. When there is no law exactly applicable to the
point in controvery, the custom of the place
shall be applied and in default thereof, the
general principles of law
2. Decision of foreign courts
3. Opinion of known authors
Presumption in Interpreting Laws
IN case there is doubt in the interpretation or
application of laws, it is presumed that the lawmaking
body intended right and justice to prevail.
Customs
-rules of conduct , legally binding and obligatory,
formed by repetition of acts uniformly observed as a
social rule.
GR: Customs must be proved as a fact according to the
rules on Evidence
XPN: courts may take judicial notice of a custom if
there is already a decision rendered by the same court
recognizing the custom.
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Application of custom in civil cases
Customs may be applied by the courts in cases where
the applicable law is silent, obscure and insufficient
In criminal cases, custom canont be applied because
there is no crime when there is no law punishing it.
CONFLICT OF LAWS
Status Laws
Nationality Rule
Laws relating to family rights and duties, status and
conditions , legal capacity of persons are binding upon
citizen of the Philippines even though living abroad.
GR: Lex Rei Sitae – real property as well as personal
property is subject to the law of the country where it is
situated.
XPNs
2 5 10 40 70
a. Succession as to order of succession, amount
of successional rights and intrinsic validity of
the testamentary provision governed by the
national law not lex situs.
GR: Lex Loci Celebrationis – forms and solemnities of
contracts, wills and other public instrument shall be
governed by the laws of the country in which they are
executed.
XPN’s – phil law in diplomatic or consular officials in the
Phils.
CONFLICT OF LAW DOCTRINE
Renvoi Doctrine – “referring back” when the conflict
rule of the forum makes a reference to a foreign law, but
the foreign law is found to contain a conflict rule that
return or refers the matter back to the law of the forum.
Transmission Theory – conflict rule of the forum makes
reference to a foreign law but the foreign law is found to
contain a conflict rule that refers it to a third country the
law of the third country shall apply.
Doctrine of Processual Presumption – the foreign law
whenever applicable , should be proved by the
proponent thereof otherwise such law shall be
presumed to be exactly the same as the law of the
forum.
Doctrine of Operative facts – act done in pursuant to a
law which was subsequently declared unconstitutional
remain valid but not when the acts are done after the
declaration of unconstitutionality.
GR: Prohibitiive laws concerning persons, their acts or
21 property and laws which have for their object public
order , public policy or good customs are not rendered
ineffective by laws, judgments promulgated or
conventions agreed upon in foreign country.
XPN: mixed marriages, foreigner capacitated to
remarry
Requisites of Art 26 par. 2
1. There is a valid marriage between Filipino an
foreigner
2. A valid divorce is obtained abroad by the alien
spouse capacitating him or her to remarry
RULES:
Marriage between a Filipino and foreigner ABROAD
If the marriage is valid under the law of one of the
spouses while void under the law of the other, the
validity of the marriage should be upheld, unless the
marriage is universally incestuous or highly immoral
Marriage between a Filipino and a foreigner in the Phils.
The national law of the Filipino – Phil law should be
followed – otherwise the country’s public policy would
be violated
Laws that govern personal relation of the spouses:
GR: the personal relation of the spouses are governed
by the national law of the husband
Alien woman who marries a Filipino husband
46/57
Chammy Diamond Notes in Civil Law Bar 2016
-if he acts in good faith, he may do all acts of
administration
-if he acts in bad faith, he cannot
Appointed other than in the Articles
-power is revocable anytime with or w/o and –
controlling interest
Rule when there are 2 or more Managers
(without specification of respective duties)
GR: each may separately execute all acts of
administration
XPN: if any of the managers opposes, decision of
the majority prevails
With stipulation that none of the managers may act
BookMaker 8982106 Demo
without the consent of the others
GR: Unanimous consent of all the managing
partners shall be necessary for the validity of the
acts
XPN: imminent danger
Rule when the manner of management has not
been agreed upon
a. All partners shall be considered agent and bind
the partnership
b. None of the partners may without the consent
of the other make any important alterations in
the immovable property of the partnership
Compensation
GR: for his service, a share of the profit is his only
compensation
XPN: service rendered extraordinary
Relationship in a contract of partnership
a. Relationship among the partners themselves
b. Relations of the partners with the partnership
c. Relations of the partnership with 3rd parties
d. Relations of the partner with such 3rd persons
Responsibility of Partnership to Partners
a. Refund
b. Answer for obligations
BookMaker 1638658 Demo
Withdrawal or Disposal of money by contributing
partners
-money or property contributed by a partners cannot be
withdrawn without the consent or approval of the
partnership or the other partners.
Effect if the Partner fails to contribute the property
promised in the partnership
a. Partner becomes ipso jure a debtor of the
partnership even in the absence of any
demand
b. Remedy of the partners is not rescission but
SPECIFIC PERFORMANCE with damages and
interest form defaulting partners
Liability of Capitalist Partner to contribute additional
capital
GR: A capitalist partner is not bound to contribute to the
partnership more than what he agreed to contribute.
XPN:
a. In case of imminent loss of the business
b. No agreement to the contrary
He is under obligation to contribute additional share to
save the venture. If he refuses to contribute, he shall be
obliged to sell his interest to the other partners.
-industrial partner is exempted from the requirement to
contribute.
Obligation of managing partners who collect his
personal receivable from a person who also owes the
partnership
a. Apply the sum collected to 2 credits in
proportion to their amounts
b. If he received if for the account of partnership,
the whole sum shall be applied to partnership
credit.
Note: the debtor is given the right to prefer payment of
the credit of the partner if it should be more onerous to
him in accordance with his right to application of
payment
Rules in Prohibition to engage in another business
Industrial Partner
-Absolute: cannot engage in business for himself
unless, the partnership expressly permits him to do so
Remedy:
a. Exclude him form the firm
b. Avail themselves of the benefit which he may
have obtained
c. Damages
Capitalist Partner
-Cannot engage in business for his own account unless
there is a stipulation to the contrary
Remedy:
a. Bring to the common fund any profits accruing
to him from said transaction
b. Personally bears all losses
Rule with regards to obligation of a partner as to
damages suffered by partnership through his fault
GR; Every partner is responsible to the partnership for
damages suffered by it through his fault and he cannot
compensate them with the profits and benefits which he
may have earned for the partnership by his industry.
XPN: the court may equitably lessen this responsibility if
through the partners extraordinary efforts in other
activities of the partnership , unusual profit has been
realized.
Set off damages caused by a partner
GR: the damages caused by a partner to the
partnership cannot be offset by the profits of benefits
which he may have earned for the partnership by his
industry
XPN: if unusual profits are realized through the
extraordinary efforts of the partners at fault
Right of Partners
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Chammy Diamond Notes in Civil Law Bar 2016
XPN: Insofar as he has been benefited by the thing or
price received by him.
Relative Incapacity :
1. Spouses
2. Agents, guardians, executors, administrators ,
public officers and EE’s
Agents –Unenforceable
Guardian and Executor – Voidable
Court officers, Public officers – VOID
SUBJECT MATTER
a. Lawful
b. Determinate
c. Not impossible
BookMaker 9537889 Demo
Future inheritance – cannot be the subject of sale
Future good – can be an object of sale.
Service – cannot be an object of sale but it can be a
contract of piece of work
Determinate – a thing is determinate if it is particularly
designated or physically segregated from all other of
the same class.. Capable of being made determinate
without the necessity of a new or further agreement.
OBJECT OF SALE:
Sale of thing in litigation is RESCISSIBLE if entered into
by the defendant, without the approval of the court.
Sale of guardian without approval of court – VOID
Sale of Guardian wherein ward suffer lesion –
RESCISSIBLE
Sale of good made by a person who does not own it.
In sale of property, ownership is not required at the time
of perfection in order for the sale to be VALID.
Ownership is material only at the time of delivery but
only for the purpose of transferring ownership and does
not affect the validity of the contract of sale.
-if still the seller is not the owner at the time of the
delivery, then the contract of sale does not become
void. It is still valid. The remedy of the buyer is
RESCCISSION WITH DAMAGES. (1191)
Untitled Imposition* by Drexel Altavano Form 9.1 (17) 23/06/2017-10:06 AM Cyan Magenta Yellow Black
BookMaker 6241868 Demo
Legal Effect of Sale by NON OWNER
GR: the buyer acquires no better title to the goods than
the seller had.
XPN
a. Sale made in merchants store
OBLIGATION OF THE BUYER
GR: Seller is not bound to deliver unless the purchase
price is paid
XPN: A period of payment has been fixed
-where the goods are delivered to the buyer and he
rightfully refuses , the goods in the buyers possession
are at the sellers risk
PRICE
-if price is simulated, the sale is void, except when it is
a donation
Fixing of the price cannot be left to the discretion of one
of the contracting parties.
2 5 10 40 70
GR: NO. the price cannot be fixed unilaterally by one
of the contracting parties
XPN: if the other party agreed or consented. It is
perfected
(otherwise no meeting of minds)
GR: Gross inadequacy of rice does not affect the
validity of the sale if fixed in good faith without fraud
XPN: a. consent is vitiated
b. Donation
c. Shocking
d. In event of resale, a better price can be
obtained.
Payment of the price has nothing to do with the
perfection of the contract, Failure to pay is different
from lack of consideration. Remedy is right to demand
fulfillment or cancellation.
OPTION MONEY
-is the distinct consideration in case of an option
contract. It does not form part of the purchase price
hence, it cannot be recovered if the buyer did not
continue with the sale.
-applies to sale not yet perfected
-prospective buyer not required to buy
-if buyer decides not to buy it cannot be recovered
-An option is not itself a purchase but merely secures
the privilege to buy.
Consideration of payment as option money
-payment is considered option money when it is given
as a separate and distinct consideration from the
purchase price. (consideration maybe anything of
value)
EARNEST MONEY
-money given to the seller by the prospective buyer to
show that the latter is truly interested in buying the
property, and its aim is to bind the bargain
-considered as part of the purchase price and is
deducted and proof of the perfection of the contract.
-advance payment
-given only when there is already a sale
-when given, buyer is bound to pay the balance
-if sale did not materialize, it must be returned
Note: Option money may become earnest money if
parties so agree
Effect of Rescission on earnest money received
-when the seller seeks to rescind the sale, he is obliged
to return the thing which was the object of the contract
along with fruits and interest
FORMATION OF A CONTRACT OF SALE
a. Negotiation
b. Perfection
c. Consummation
OPTION CONTRACT
-is a contract by which the owner of the property
agrees with another person that he shall have the right
to buy his property at a fixed price, within a certain
18/57
Chammy Diamond Notes in Civil Law Bar 2016
Only the legitime is reserved. The free portion may be
disposed of by will.
COMPULSORY HEIRS
1. Legitimate children and descendants
2. Legitimate parents
3. Widow
4. Acknowledged natural children
5. Other illegitimate children
-Adopted children excludes the adopters parents and
ascendants
-formal or judicial adoption is necessary otherwise, the
adopted child is neither a compulsory heir or legal heir.
Children conceived and born outside of wedlock of
BookMaker 6037645 Demo
parents who at the time of the conception of the former,
were not disqualified by any impediment to marry each
other, or were so disqualified only because both are
The reservable property is not part of the estate of the
minors may be legitimated.
GR: the presence of the IC of the decedent DOES NOT
exclude the parents and ascendants . Parents and
ascendants concur with the IC of the decedent.
XPN: if the decedent is himself IC, his IC exclude the IP
and ascendants
A common law spouse CANNOT be a compulsory heir.
There must be a valid marriage between the decedent
and the surviving spouse.
Raising nullity of marriage in settlement proceedings
The heirs of the decedent can raise the issue of nullity
of the marriage in the same proceeding for the
settlement of the estate to prevent the surviving spouse
from inheriting . This is allowed because a marriage
that is NULL and VOID can be collaterally attacked.
In case of VOIDABLE marriages, if the marriage is not
annulled before the decedent died, the surviving
spouse can still inherit.
Voidable marriages can only be attacked in a direct
BookMaker 8462684 Demo
proceeding.
RESERVA TRONCAL
Purpose
a. To prevent person who are outsiders to the
family from acquiring by chance property which
would have remained in said family.
b. To put back the property to the line from which
it originally came.
REQUISITES
1. That the proper ty was acquired by a
descendant (propositus) from an ascendant or
from a brother or sister by gratuitous title
2. Propositus died without an issue
3. The same property was inherited by another
ascendant (reservista) by operation of law
4. That there are living relatives within the 3rd
degree counted from the propositus and
belonging to the same line from where the
property originally came. (reservatarios)
Reserva Troncal does not exist in an illegitimate or
adoptive relationship. Only legitimate family.
Extinguishment of Reserva
a. Death of the reservista
b. Death of relatives within 3rd degree (grand
parents, siblings, niece, uncle )
The reservista owns the reservable property. The
reservista is an absolute or full owner, subject to a
resolutory condition.
Resolutory condition – upon death of reservista, there
still exist within the 3rd degree of the propositus and
belonging in the same line from which the property
came.
reservista.
The reservista can alienate the property unlike in
fideicommisary substitution where the fiduciary heir
cannot alienate the property because he is merely
considered a usufruct, the reservista can alienate
property being the owner thereof but subject to the
reservation.
Upon reservista’s death , the ownership is automatically
vested to the reservatarios who are existing.
Reservatarios inherit the property from propositus not
from reservista. They should survived the reservistas.
DISINHERITANCE
-is the process or act thru a testamentary disposition of
depriving a compulsory heir of his legitime for causes
expressly stated by law.
-must be made thru a will, valid disinheritance, legal
cause shall be specified
Requisites:
a. Made in the will
b. Identify of the heir is identified
c. For legal cause
d. Cause must be true
GROUNDS FOR DISINHERITANCE
Common causes :
a. Attempt against the life of the testator
b. Fraud , violence , intimidation or undue
influence
c. When the heir has accused the testator of the
crime
Involving imprisonment of 6 yrs
d. Refusal without justifiable cause to support the
testator
e. When the children leads a dishonorable life
f. When the spouse has given cause for legal
separation or loss of parental authority
Reconciliation
To be effective, the testator must pardon the
disinherited heir, the pardon whether express or tacit
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Chammy Diamond Notes in Civil Law Bar 2016
must refer specifically to the heir disinherited to the acts
he committed and must be accepted by the heir.
-need not be in writing
Disinheritance without specification of the cause shall
annul the institution of heirs , insofar as it may prejudice
the person disinherited; but the devises and legacies
and other testamentary dispositions shall be valid to
such extent as will not impair the legitime.
Bequesting devise property belonging to other
GR: a legacy or devise belonging to someone else
when the testator though that he owned it is VOID
legacy or devise because it is by mistake.
XPN: if the testator acquires if after making his will
BookMaker 2410326 Demo
The testator knowns that he does not own but ordered
during his
its acquisitions – VALID spiritual aid
If the devise bequeathed belong to the legatee
already , the legacy is ineffective.
If Property has been pledged or mortgaged
GR: the pledge or mortgage must be paid by the
estate
XPN: provides otherwise
A legacy of credit – takes place when the testator
bequeaths to another a credit against 3rd person.
A legacy of remission – is a testamentary disposition of
a debt in favor of the debtor. Debt is extinguished.
A legacy or devise is NOT considered payment of a
debt if the testator has a standing indebtedness to the
legatee or devisee.
Grounds for revocation of Legacy or Devise
1. Transformation
2. Alienation of the thing
3. Total loss
4. Testator brings action against debtor in a
legacy of credit
Untitled Imposition* by Drexel Altavano Form 9.2 (18) 23/06/2017-10:06 AM Cyan Magenta Yellow Black
BookMaker 1761415 Demo
LEGAL INTESTATE SUCCESSION
-takes place by operation of law
Iron Curtain Rule
An illegitimate child has no right to inherit ab intestato
from the legitimate children and relatives of his father
or mother; nor shall such children or relatives inherit in
the same manner from the illegitimate child.
-applies only in intestate succession
Accretion
Is a right by virtue of which , when 2 or more persons
are called to succeed to the same inheritance, devise
or legacy , the part assigned to the one who renounces
or cannot receive his share or who has died before the
testator is added or incorporated to that of his co heir or
co devisees.
-an accretion takes place only if there is no right of
representation . In renunciation, there is always an
accretion
2 5 10 40 70
PERSONS INCAPABEL OF SUCCEDING
Absolute Incapacity to succeed
a. Those who are not living at the time of death of
testator
b. Those who cannot be identified
c. Those who are not permitted by law to inherit
RELATIVE INCAPACITY
-means person is incapacitated to succeed because of
some special relation to the testator.
Grounds for Relative Incapacity to Succeed
1. Undue influence or interest
2. Morality or public policy
3. Act of unworthiness
1. Priest who heard the confession of the testator
last illness or one who extended
2. Relatives of the priest or minister within the 4th
degree
3. A guardian with respect to testamentary
disposition given by the ward
4. Any attesting witnesses to the execution of the
will
5. Any physician , surgeon, nurse who took care
of the testator during last illness
6. Individual association and corporation not
permitted by law to inherit
The priest is incapacitated to succeed when the
confession is made PRIOR to or simultaneously with the
making of will
The disqualification applies only to testamentary
disposition. He can still inherit by intestacy
The disqualification of the guardian applies only before
the approval of final accounts of guardianship
-disqualification does not apply when the guardian is
an ascendant, bro , sister or spouse
Incapacitated to succeed based on MORALITY
a. Persons guiltyof adultery and concubinage
b. Same criminal offense
c. Public officers or his wife and relatives
Incapacitated by reason of unworthiness
1. Person who have abandoned their children
2. Attempt against life
3. Fraud , violence
4. Person who falsifies the will etc
Inheritance is deemed accepted
a. Heir sells, donates, assigns
b. Renounces in favor of the other heirs
If an heir repudiates the testate inheritance – clear
repudiation
But if repudiate as a legal heir, he may still accept
inheritance as testate heir.
If the heir repudiates the inheritance to the prejudice of
his own creditors ,t eh latte may petition the court to
authorize them to accept it in the name of the heir.
44/57
Chammy Diamond Notes in Civil Law Bar 2016
Natural elements
a. Warranty against eviction
b. Warranty against hidden defects
Accidental elements – dependent on parties
stipulations
a. Conditions
b. Interest
GR: Absent of Consent , the contract is VOID
XPN: when the owner of the goods is by his conduct
precluded from denying the sellers authority to sell
Eg: purchases made in merchant store.
Formal Requirements for the validity of a contract of
sale
BookMaker 2955869 Demo
GR: a contract of sale may be made in writing or by
word or mouth, or party in writing and partly by word of
mouth. Contracts shall be obligatory in whatever form
they have been entered into provided all the essential
requisite for their validity are present.
XPN
a. If the law requires a document or other special
form, the contracting parties may compel each
other to observer that form
b. Under statute of Fraud: the ff: must be in writing
otherwise, they shall be UNENFORCEABLE
1. Sale of personal property 500 up
2. Sale of real property or interest therein
3. Sale of property not to be performed within
a year
Instances when Statute of Fraud is not essential.
a. There is a note or memorandum in writing and
subscribed by the party or agent
b. When there has been partial performance
KINDS OF CONTRACT OF SALE
Absolute Sale:
A sale is absolute when no condition is imposed and
ownership passes to the vendee upon delivery of the
thing subject of the sale.
-no right to rescind, ownership passes immediately to
BookMaker 4971041 Demo
the buyer
Conditional Sale
Where the sale contemplates a contingency, where the
contract is subject to certain conditions usually in the
case of the vendee, the full payment of the agreed
price and in the case of the vendor, the fulfillment of
certain warranties.
-both vendee and vendor have conditions
-seller is granted the unilateral right to rescind,
-non fulfillment of the condition does not amount to
breach
Sale – manufactured in the ordinary course of business
Piece of work – manufactured specially for the
customer order , not for general market.
CONTRACT TO SELL
-bilateral contract whereby the prospective seller, while
expressly reserving the ownership of the subject
property despite deliver thereof to the prospective
buyer, binds himself to sell the said property exclusively
to the prospective buyer upon fulfillment of the
condition agreed upon, that is full payment of the
purchase price.
CONTRACT TO SELL VS CONDITIONAL CONTRACT
OF SALE
Contract to sell
-payment of the purchase price is the condition to
transfer ownership
-upon happening of a suspensive condition, has to
execute another contract, the absolute sale.
Conditional Contract of Sale
-Certain conditions are imposed upon the vendor and
vendee
-if the suspensive condition is fulfilled, the sale is
perfected, ownership automatically passes to the buyer
by operation of law without any further act having to be
performed by the seller.
Contract of Sale vs Contract to Sell
Contract to Sell
-ownership passes to the buy upon DELIVERY of the
object to him
-one contract executed
-vendor cannot recover until rescinded
-Remedy: Specific Performance, Rescission, Damages
Contract to Sell
-Ownership is transferred upon full payment of the
purchase price
Prior to full payment, ownership is retained by the seller
-two contracts: contract to sell and DOS
-failure to fully pay the price is not a breach but prevent
the transfer of ownership
Remedy: Resolution, Damages
CAPACITY OF THE PARTIES
GR: All persons whether natural or juridical who can
bind themselves
XPN:
a. Minors, insane
b. Person under state of drunkenness
c. Husband and wife
XPN to the XPN:
a. Where necessaries are sold and delivered to a
minor or other person without capacity to act,
he must pay reasonable price therefor.
b. When separation of property was agreed
c. When there has been judicial separation of
property
-contracts entered by insane or demented person are
VALID.
-entered into by those in state of drunkenness –
VOIDABLE
-those entered by legally incapacitated person-
VOIDABLE subject to annulment and ratification
*Capacitated person cannot file an action for annulment
using as basis the incapacity of the incapacitated party.
He is disqualified from alleging the incapacity of the
person whom he contracts
GR: The incapacitated person is not obliged to make
any restitution.
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Chammy Diamond Notes in Civil Law Bar 2016 Chammy Diamond Notes in Civil Law Bar 2016

Knowledge of the first buyer of the second sale cannot
defeat the first buyer rights except when the second
buyer first registers in GF the second sale.
Knowledge gained by the second buyer of the first sale
defeats his righs even if he is first to register, since such
knowledge taints his registration with BF to merit the
protection, the second realty buyer must act in GF in
registering his DOS.
CAVEAT EMPTOR
-the rule requires the purchaser to be aware of the
supposed title of the vendor and one who buys without
checking the vendor title takes all the risks and losses
consequent to such failure
Obligation to delivery a specific thing
Important Features:
a. If paid at least 2 years – the buyer is entitled to
a mandatory grace period of 30 days for each
year of paid installments, to pay without
interest.
b. If contract is cancelled, the seller shall refund
the buyer cash surrender value of 50% of total
payments made , and after 5 yrs of installment
and additional 5%
c. If installment were paid less than 2 years, the
seller shall give grace period of 60 days. Plus,
30 days from receipt of the buyer of notice of
cancellation or demand for rescission in
NOTARIAL ACT.
Other rights of buyer:
GR: a probate court has NO jurisdiction to decide Impossible condition and those contrary to law or good
questions of ownership custom shall be considered as NOT imposed and shall
in no manner prejudice the heir, even if the testator
XPN: should otherwise provide.
1. Parties voluntary submit the issue of ownership
to the court GR: The testator CANNOT impose any charge,
2. Provisionally condition or substitution whatsoever upon the legitimes.
3. The question of ownership is an extraneous If a charge condition or substitution is imposed, it shall
matter which the probate court cannot resolve be considered as not imposed
with finality.
XPN: prohibition for 20 yrs
Due execution of the will
a. Testator was of sound mind Prohibition to Marry
b. Freely executed GR: an absolute condition not to contact a first or
c. Will is genuine not forgery subsequent marriage is NOT valid condition and shall
d. Proper testamentary age be considered as not written.

BookMaker 6952192 Demo BookMaker 1231021 Demo

-includes the delivery of the specific thing which a. Sell or assign e. He is not expressly prohibited by law from XPN: it such condition was imposed on the widow or
includes the delivery of the accessions and b. Reinstate contract4 making the will widower by the deceased spouse or by the latter’s
accessories even though they may not have been c. Pay in full in advance ascendants or descendants in which case, the
mentioned. A joint will even if invalid but has been probated by the condition is valid
“No installment payment shall be forfeited to the owner court and whose decision was not appealed, already
Who bears the Risk of Loss or developer when the buyer, after due notice, desists constitutes res judicata, and has a conclusive effect. Disposition Captatoria – is any disposition made upon
Seller bears risk of loss from further payment due to the failure of the owner the condition that the heir shall make some provisions
a. Before perfection developer to develop the subdivision according to the GROUNDS FOR DENYING PROBATE in his will in favor of the testator or of any other person
b. At perfection approved plans “ 1. Formalities not complied with shall be VOID. Here, both the condition and the
c. After perfection but before delivery 2. Testator was insane disposition are void but the validity of the other
Remedies of Unpaid Seller 3. Executed with force , duress provisions , including the will itself shall not be affected
Buyer bears risk of loss a. Action for damages 4. Undue improper pressure -immoral and contrary to the freedom to make wills
-after delivery b. Possessory Lien – seller not bound to deliver if 5. Signature of testator was produced by fraud
buyer has not paid him the price 6. Testator acted by mistake Caucion muciana- is a security or bond required from
REMEDIES OF THE SELLER c. Stoppage in intransitu- goods intransit the conditional heir in order to secure the rights of those
Installment Sales Law d. Special right to resale goods who would succeed to the property upon violation of
RECTO LAW the condition.
-sale of personal property by installment Notice to the defaulting buyer NOT required in the
-lease with option to buy resale of goods INSTITUTION OF HEIRS Modal institution of heirs – a mode is an obligation
-is an act by virtue of which a testator designates in his imposed upon the heir to do or to give something.
Requisites Prescription on action for rescission of contract – 6 will the person or persons who are to succeed him in
a. Valid contract of sale months from delivery his property and transmissible rights and obligations A mode imposes an obligation upon the heir, devisee or
b. Subject is personal property legatee, but it does not affect the efficacy of his rights
c. Payable on installment Implied warranties of seller Institution of heirs cannot be allowed to affect the to the succession. The mode obligates but does not
d. In case of 2nd and 3rd remedies, that there has a. Warranty that seller has right to sell legitimes of the compulsory heirs suspend.
been failure to pay 2 or more installments. b. Warranty against hidden defects
c. Warranty against eviction There can be institution of heir in testamentary PRETERITION
Alternative Remedies: d. Warranty against encumbrances succession. Is the omission in testators will of one some or all of the
Untitled Imposition* by Drexel Altavano Form 10.1 (19) 23/06/2017-10:06 AM Cyan Magenta Yellow Black

BookMaker 3656170
Non applicabilityDemo
a. Specific Performance (Exact Fulfillment) should
buyer fail to pay
GR: if availed no more other remedies a. As is where is
XPN: if impossible, rescission may be avail
b. Rescission – cancel of sale if buyer fails to pay
2 or more installments
c. Foreclosure – if buyer fails to pay 2 or more
installment . he shall have no further action
against the purchaser to recover any unpaid
balance of the price.
Note: in specific performance, if property is attached
and levied, not considered foreclosure. – here seller is
entitled to DEFICIENCY
MACEDA LAW
-coverage Residential lots
-sale of immovable property on installment
b. Sale of second hand articles
c. Sale on public auction
Warranty against Eviction
-there is an implied warranty on the part of the seller
that when the ownership is to pass, and that the buyer
shall from the time have and enjoy the legal and
peaceful possession of the thing.
-rescission not applicable remedy
If seller in bad faith, waiver against eviction is VOID
The seller is liable to the vendee for any hidden defects
in the thing sold, even though he was no aware thereof.
If defect is apparent, seller not liable.
Remedies of Buyer in case of Hidden defect
a. Withdrawing from contract
b. Proportional reduction in price
BookMaker 9018502 Demo
A conceived child may be instituted provided it
complies with the conditions on provisional personality.
1. If born less than 7 month s- must live at least 24
hours
2. If born more than 7 months – enough that the
child is alive upon delivery.
Effect if institution of heir is based on a false cause
GR: the institution of heir is valid. The false cause shall
be considered simply as not written
XPN: if from the will itself, it appears that the testator
would not have made the institution if he had known the
falsity of the cause, the institution shall be void.
The rule is , if the revocation is based on a false cause
or illegal cause, it is NULL and VOID.
Effect of Impossible Condition on the Testamentary
Disposition
compulsory heir in the direct line, whether living at the
time of execution of the will or born after the death of
the testator.
-omitted heir must be conceived at the time of death of
the testator
Requisites
1. Total omission in the inheritance
2. Person omitted is compulsory heir
3. The omitted compulsory heir must survive the
testator
4. Nothing must have been received by the heir
by gratuitous title.
A spouse CANNOT be preterited. While a spouse is a
compulsory heir, he /she is not in the direct line
If a compulsory heir gets less than its legitime , while
not a case of preterition, he is entitled to completion of
his legitime.
Effect of Preterition

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Chammy Diamond Notes in Civil Law Bar 2016 Chammy Diamond Notes in Civil Law Bar 2016

1. Annuls the institution of heirs
2. Devices and legacies are valid insofar as they
are not inofficious
3. If the omitted compulsory heir dies before the
testator, the institution shall be effectual ,
without prejudice to the right of representation
The effect of annulling the institution of heir will open
intestacy except legacy and devices which must be
respected.
-Omission of an illegitimate child in a will amounts to
Preterition
-Omission of an adopted child in a will also amounts to
preterition
b. Brief/Compendious – when 2 or more persons
are substituted for one, and one person for 2 or
more heirs.
c. Reciprocal – one heir designated as substitute
for instituted heir while latter is simultaneously
instituted as substituted for former.
FIDEICOMMISSARY SUBSTITUTION
Requisites:
1. There must be a 1st heir or fiduciary who takes
the property upon the testator death
2. An absolute obligation is imposed upon the
fiduciary to preserve and to transmit to a 2nd
heir the property at a given time
3. There is a second heir who takes the property
subsequent from the fiduciary and must be one
time. It is binding if supported by a consideration Effect of Non notarized Deed
distinct from the purchase price. The non appearance of the parties before the notary
-Principal contract public does not necessarily nullity nor render the
-need separate consideration parties transaction void ab initio. 1358 states that public
-only an opportunity for the buyer to enter into a document is necessary only for convenience not for
contract the validity or enforceability.
-not subject to specific performance
Contracts are obligatory in whatever form they may
have been entered provided all the essential requisites
Effect of Separate Consideration in an OPTION contract are present.
a. With separate consideration: Where a contract is not in the form prescribed by law,
a. Contract is valid the parties ca merely compel each other to observe the
b. Offeror cannot withdraw offer until after form once the contract has been perfected.
expiration of the option
c. Is subject to rescission and damages but TRANSFER OF OWNERSHIP
not specific performance Mode vs Title

BookMaker 6542405 Demo BookMaker 8625797 Demo

-the decedents parents may also be preterited . in the
absence of legitimate compulsory heirs in the
descending line.
Note: omission may result to preterition or defective
disinheritance
-if by mistake – preterition
-if intentional – defective disinheritance, void only
insofar as it prejudice the legitime of the person
disinherited.
*Heir is a voluntary heir – if predecease the testator –
he shall transmit no right to his own heirs.
*An heir who renounced his inheritance, whether as
compulsory or voluntary heir, does not transmit any
right to his own heirs
RIGHT OF REPRESENTATION
-is the right created by fiction of law, by virtue of which
the representative is raised to the place and degree of
the person represented , and acquires the rights which
the latter would have if he were living or if he could
have inherited.
Heirs who repudiated their share MAY NOT be
Untitled Imposition* by Drexel Altavano Form 10.2 (20) 23/06/2017-10:06 AM Cyan Magenta Yellow Black
degree from the first heir
4. The first and second heir must both be living
and qualified at the time of the death of the
testator.
One degree – parent or child of the first heir
*Both the 1st and the 2nd heir must be living and
qualified at the time of the death of the testator.
The fideicomissary inherits not from the 1st heir but from
t h e t e s t a t o r, t h u s t h e re q u i re m e n t t h a t t h e
fideicommissary be alive or at least conceived at the
time of the testators death
Both the 1st heir and the fideicomissary inherit the
property simultaneously , although the enjoyment and
possession are successive.
If the fideicommisary predeceases the fiduciary , but
survives the testator , his rights pass to his own heirs.
Alienation of the property subject to the fideicomissary
substitution by the 1st heir IS NOT VALID. The fiduciary
cannot alienate the property either by an act intervivos
or mortis causa. He is bound to preserve the property
and transmit it to the second heir or fideicommisary.
b. Without separate consideration
a. The option contract is not deemed
perfected
b. Offer may be withdrawn any time prior to
acceptance
Note: even though the option was not supported by a
consideration , the moment it was accepted contract of
sale is perfected.
Effect of acceptance and withdrawal of the offer
If the offer had already been accepted and such
acceptance has been communicated before the
withdrawal is communicated, the acceptance creates a
perfected contract, even if no consideration was as yet
paid for the option.
If offeror does not perform the obligation, liable for
breach, specific performance, rescission and
damages.
RIGHT OF FIRST REFUSAL
A right of first refusal is a contractual grant, not of the
sale of a property, but of the first priority to buy the
property in the event the owner sells the same.
-subject to specific performance
-there is an offer to sell
-accessory
-does not need separate consideration
Mode is the legal means by which dominion or
ownership is created, transferred or destroyed ; Title
only constitutes the legal basis by which to affect
dominion or ownership
Different Kinds of Delivery
Traditio Longa Manu- delivery by mere agreement ,
when seller points to the property without need of
actual delivery.
Tradicion Brevi Manu – the buyer, being already in
possession, merely remains in possession after the
sale, in the concept of an owner (LESSEE TO OWNER )
LO
Constitutum Possesorium- the seller, remains in
possession of the property in a different capacity.
(Owner to Lessee) OL
Quasi Tradition – delivery of incorporeal rights by
placing titles in the hand of the buyer
Note:
GR: when the sale is made through a pubic instrument,
the execution thereof shall be equivalent to the delivery
of the thing which is the object of the contract. (prima
facie presumption of delivery, seller must have
possession of the thing and no impediment) In the

BookMaker 5893493 Demo BookMaker 2050836 Demo

represented. A voluntary heir MAY NOT also be Remedy of the fideicomissary to protect himself against absence of stipulation, the ownership passes to the
represented. alienation to an innocent 3 person rd Note: the offer of the person in whose favor the right of vendee upon actual or constructive delivery thereof.
If the first heir was able to register the property in his first refusal was given must conform with the same
Rules: takes place name, the fideicomissary should annotate his claim on terms and conditions as those given to the offeree. GR: Ownership shall be transferred to the buyer upon
a. Predecease the land on the title to protect himself against any actual or constructive delivery.
b. Incapacity alienation in favor of innocent 3rd parties. Right of First Refusal of Sublessee: XPN: contract contains ownership shall pass after full
c. Disinheritance GR: the sublessee is a stranger who cannot avail of the payment
LEGTIME right of first refusal of the lessor.
COMPLETION OF LEGITIME -is that part of the testator property which he cannot Delivery does not transfer title
-any compulsory heir to whom the testator has left by dispose of because the law has reserved it for certain XPN: when the contract of lease granted the lessee the a. Sale on approval
any title less than the legitime belonging to him may heir who are therefore called compulsory heirs right to assign the lease. b. Sale on return
demand that the same be fully satisfied. c. Sale on trial
RULES ON LEGITIME PERFECTION
SUBSTITUTION OF HEIRS The compulsory heirs are NOT obliged to accept their DOUBLE SALE
Substitution is the appointment of another heir so that legitimes. The buyer is not bound to return the goods to the seller Rules:
he may enter into the inheritance in default of the heir and it is sufficient that he notifies the seller of his refusal Movables – first to possess
originally instituted. GR: The testator cannot deprive the compulsory heir of in the absence of a contrary stipulation. Immovables –
their legitimes a. First to register in GF
Kinds of Substitution XPN: disinherited, exceeding 20 yrs Note: if the refusal is without just cause, the title passes b. First to possess in GF
a. Simple – Predecease, repudiate , incapacitated to the buyer from the moment the goods are placed at c. Person with oldest title in GF
his disposal.
Note:

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Chammy Diamond Notes in Civil Law Bar 2016 Chammy Diamond Notes in Civil Law Bar 2016

-fact of delay c. Rescission A jurat is insufficient as the law requires an GR; erasures, corrections not have been noted or
-matter of time, fixed time acknowledgment executed by the party before a NP, authenticated with the full signature , only the particular
-statutory COMPENSATIO MORAE: not a declaration of the NP. words erased , corrected , altered will be invalidated
-applies at law In Reciprocal Obligation , one party incures in delay not the entire will
from the moment the other party fulfills his obligation. A notary public cannot serve as one of the instrumental XPN:
REMEDY OF THE CREDITOR in case of Failure to In Reciprocal obligations, demand is only necessary in witnesses. He cannot acknowledge the will before a. change affects the essence of the will of the
deliver the THING DUE order for a party to incur delay when the respective himself having signed the will. testator
SPECIFIC THING obligations are to be performed on SEPARATE DATES
a. Specific performance SPECIAL RULES FOR HANDICAPPED TESTATORS b. where the alteration affects the date of the will
b. Rescission FRAUD Deaf or Mute or the signature , whole will is void
c. Resolution, cancellation, Damages Kinds of Fraud If unable to read, he must designate 2 persons to read
a. Fraud in the Perfection – occurs before the it and communicate to him, in some practicable
Generic Thing creation of an obligation manner, the contents thereof. c. words written by 3rd person, even authenticated
a. Delivery of anything belonging to the same -Ground for annulment Blind by 3rd person, the entire will is void for violation
specie b. Fraud in the Performance – occurs after the The will shall be read to him twice, once by one of the of the requisite that the holographic will must
b. Ask that the obligation be complied with at the execution of contract subscribing witnesses and another by the NP before be entirely in the testators handwriting

BookMaker 7816085 Demo BookMaker 9489610 Demo

debtor expense - not a ground for annulment but for DAMAGES only.
c. Resolution , Damages
Classes of Fraud in the Perfection
Right of Creditor to the FRUITS 1. Dolo causante – this is the essential cause of
The creditor has a right to the fruits of the thing from the the consent without which the party would not
time the obligation to deliver arises, however, he shall have agreed to enter into the contract
acquire no real right over it until the same has been 2. Dolo incidente – fraud which even if not
delivered to him. present, the contracting party would have still
agreed to the contract.
Before delivery – personal right Waiver for future fraud is VOID
After delivery – real right Waiver of past fraud is valid
Note: specific performance is not a remedy in positive FORTUITOUS EVENT
personal obligation – results to involuntary servitude. -an occurrence or happening which could not be
foreseen or even if foreseen is inevitable.
Effects of Breach of Obligation
If a person obliged to do something fails to do it, or if he Note: the FE must not only be the proximate cause but
does it in contravention of the tenor of the obligation or it must also be the only and sole cause. Contributory
what has been poorly done be undone, the same shall negligence of the debtor renders him liable despite the
be executed at his cost. FE
-if the negligence is the proximate cause , the
DELAY (MORA) obligation is not extinguished , it is converted into a
In reciprocal obligations, neither party incurs in delay if monetary obligation for damages
the other does not comply or is not ready to comply in a
proper manner with what is incumbent upon him. From Liability for Loss due to FE
the moment one of the parties fulfill his obligations, GR: no liability
delay by the other begins. XPN: law, nature of obligation, stipulation etc
Untitled Imposition* by Drexel Altavano Form 11.1 (21) 23/06/2017-10:06 AM Cyan Magenta Yellow Black
whom the will is acknowledged.
Substantial Compliance
2. Dated
A will is not rendered invalid by reason of defects or
imperfections in the form of attestation or in the
language used therein in the absence of bad faith,
forgery or fraud or undue and improper pressure and
influence, shall not render the will invalid if it is proved
that the will was in fact executed and attested in
substantial compliance with all the requirements of art.
805.
WITNESSES
Qualification
1. Sound mind
2. At least 18 yrs old
3. Able to read and write
4. Not blind, deaf or dumb
5. Not convicted of final judgment of falsification,
perjury or false testimony.
6. Domiciled in the phils.
If the witness attesting the execution of a will are
competent at the time of attesting their becoming
subsequently incompetent shall not prevent the
allowance of the will.
Instrumental witness as Beneficiary to the will
The fact that a person acts a witness to a will does not
Gr: the date in the holographic will should
include the day, month, and year
-date can be placed in the beginning, body or
after the signature.
3. Signed by the hand of the testator himself
-the signature must be at the end of the will. If
one of the disposition below the signature of the
testator is not dated, even if signed , that
particular disposition is void without affecting
the validity of the others or of the will itself.
When a number of dispositions appearing in a
holographic will are signed without being
dated, and the last disposition has a signature
and a date, such date validates the
dispositions preceding it, whatever be the time
of prior dispositions
It is not required that the will be executed on a
single day, at one time and in the same ink. The
unity of the act is not required in holographic
wills.
Rules for the Probate of Holographic Wills

BookMaker 1241124 Demo BookMaker 8635710 Demo

Kinds of legal delay or default
a. Mora solvendi – default on the part of the
debtor
b. Mora accipiendi – delay on the part of the
creditor
c. Compensatio morae – default on the part of
both the debtor and creditor in reciprocal
obligations
MORA SOLVENDI/Debtor Delay
Instances when demand by the creditor is not
necessary in order that delay may exist
a. When the obligation or the law expressly so
declares
b. Time is of the essence
c. Demand would be useless
Effect of Debtor Delay
a. Debtor may be liable for damages
b. When the obligation has for its object a
determinate thing , the debtor may bear the risk
of loss of the thing even if the loss is due to FE
Effect of FE
On determinate obligation – obligation is
EXTINGUISHED
On Generic Obligation – NOT EXTINGUISHED
REMEDIES IN CONNECTION WITH SPECIFIC
PEFORMANCE
a. Exhaustion of the properties of the debtor
b. Accion Subrogatoria – the creditor , whose
claim has not yet been fully satisfied may go
after the debtor of the debtor.
c. Accion Pauliana –an action where the creditor
files an action to court for the rescission of act
or contracts entered into by the debtor
designed to defraud the former. (last resort)
Substitute Performance
-remedy of the creditor in case of non performance by
the debtor where another party performs the obligation
or the same is performed at the expense of the debtor.
RESCISSION or RESOLUTION (1191)
disqualify him to be a beneficiary. However, it renders
void any legacy or device given under said will to such
persons or to his spouse, or parent or child, unless
there are 3 other competent witnesses to the will
The person signing the testator’s name must NOT be
one of the 3 instrumental witnesses because he must
sign in the presence of the testator and of the 3 other
instrumental witnesses.
HOLOGRAPHIC WILLS
A holographic wills is one entirely written, dated and
signed by the hand of the testator himself. Made be
made IN and OUT of the Phils. And need NOT BE
WITNESSED.
Requisites:
1. Entirely Handwritten by the testator
An illiterate cannot make a holographic will
Insertions
a. The will is NOT CONTESTED , 1 witness who
knows the handwriting and signature of the
testator explicitly declares that the will and the
signature are in the handwriting of the testator.
b. If the will is CONTESTED, 3 witnesses required
c. In the absence of competent witnesses, expert
testimony may be resorted to. A comparison
can be made with the standard handwriting of
the testator.
The execution and contents of a lost or destroyed
holographic will, may not be proved by the bare
testimony of witnesses who have seen or read such will.
The will must be presented.
A holographic will which was lost or could not be found
can be proved by means of photocopy.
Note: If contested due to undue influence not pertaining
to authenticity, only 1 witness is required.
REQUIREMENTS FOR ALTERATION

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Chammy Diamond Notes in Civil Law Bar 2016
Alterations, cancellations , erasure in a holographic will,
the testator must authenticate the same by his full
signature.
Full signature refers to testators habitual and usual sign.
GR: if not authenticated with the testators full signature,
considered not made , but the will is not invalidated. It
does not affect the validity of the will itself, but at most
only as regards the particular words erased, corrected
or inserted.
XPN: unless the portion involved is an essential part of
the will such as the date.
Crossing out of name of heir
BookMaker 1788012
-without proper authentication, it was held that it did not
result in making the person whose name was crossed
It is not necessary
as heir. SC held that neither the original nor the
sufficient if on the face of the will, there is shown some
substituted heir can receive the estate on the ground
that it could not ignore what appeared to be a change
of heart on the part of the testator. Tantamount to
revocation of will.
JOINT WILLS
Two or more persons cannot make a will jointly, or in the
same instrument, either for their reciprocal benefit or for
the benefit of a 3rd person
Wills, prohibited executed by Filipinos in a foreign
country should not be valid in the Philippines, even
though authorized by the laws of the country where
they may have been executed
Whether in the Phils or in a foreign country , Filipino
citizens are prohibited from executing joint wills
because it is a matter against public policy. There is
danger of undue influence and of one testator killing the
other.
REVOCATION OF WILLS
A will may be revoke by the testator at any time before
Untitled Imposition* by Drexel Altavano Form 11.2 (22) 23/06/2017-10:06 AM Cyan Magenta Yellow Black
BookMaker 8601251 Demo
his death. Any waiver or restriction is void
Governing laws in case of Revocation – same as
execution
Modes of Revocation of wills
a. Implication of will
b. Some will, or codicil
c. P h y s i c a l d e s t r u c t i o n t h ro u g h b u r n i n g ,
cancellation or obliteration
Instances where revocation by implication of law takes
place
1. Spouse who contracted marriage in bad faith
shall be disqualified to inherit from the innocent
spouse
2. In case of annulment , spouse who contracted
the marriage in bad faith
3. Preterition, heir devisees commit unworthiness
2 5 10 40 70
The will containing the revocatory clause must itself be
valid and admitted to probate, otherwise, there is no
revocation.
In case of inconsistent wills, the subsequent wills
prevails over the prior will because it is the latest
expression of testamentary intent of the testator.
-tearing, burning, cancelling and obliterating
Requisites of Revocation by Physical act of destruction
1. Overt act of physical destruction
2. Intent to revoke
3. Performed by testator himself or other person in
the presence and express direction of the
testator.
Demo
that the will be totally destroyed. It is
sign of the physical act of destruction.
-physical destruction without intent is not revocation
Doctrine of Dependent Relative Revocation
The revocation is dependent upon the valid execution
of a new will.
Recognition in a will of an illegitimate child does not
have its legal effect even if the will is revoked.
Rules on Revival of Wills
1. If here is Express Revocation
-the revocation of he expressly revoking the will
by a subsequent will does not revive the first
will. The previous will can only be revived by
republication.
2. If there is an IMPLIED REVOCATION – the
revocation of the subsequent will which
impliedly revoked the previous will revives the
latter
ALLOWANCE AND DISALLOWANCE OF WILLS
PROBATE REQUIREEMNT
Probate – mandatory for the validity of wills
No will shall pass either real or personal property
unless it is proved and allowed in accordance with the
rules of court.
-court will merely inquire in its due execution
-in testate succession, there can be NO valid partition
among heirs, until after the will has been probated.
Imprescriptibility of Probate
Prescription does not apply to probate of wills
GR: Probate court cannot inquire into the intrinsic
validity of a will.
a. Due execution
b. Testamentary capacity
c. Identity of will
XPN:
1. Defect of will is apparent
2. Practical considerations
3. Estoppel
40/57
Chammy Diamond Notes in Civil Law Bar 2016
*Responsibility arising from fraud is demandable in all
obligations and waiver of an action for future fraud is
void. Responsibility arising from negligence is also
demandable in any obligation but such liability can be
regulated by the court”
CONVENTIONAL REDEMPTION
-seller reserves the right to repurchase the thing sold.
-stipulated in the contract
EQUITABLE MORTGAGE
-one which lacks the proper formalities of a mortgage
but shows the intention of the parties to make the
property as a security for a debt.
BookMaker 7133261 Demo
Requisites:
a. Parties enters in a contract of sale
NATURAL OBLIGATIONS
b. Their intention was to secure an existing debt
-do not grant right of action
by way of mortgage
Presumption
a. Price is inadequate (shocking to conscience)
b. Seller remains in possession
c. Purchaser retains part of the purchase price
d. Seller continues to pay taxes
e. Secure the payment of the debt
Remedy is REFORMATION
Period of Redemption
a. No agreed – 4 years
b. If agreed – not exceeding 10 years, if more
than 10 years, valid only for first 10 years.
Trust de son tort
-it is a trust created by the purchase or redemption of
property by one other than the person lawfully entitled
to do so an in fraud of other.
Written notice is mandatory for the right of redemption
to commence and the notice must be in writing stating
the execution of the sale and its particulars.
BookMaker 8789813 Demo
LEGAL REDEMPTION
-retracto legal
-right to be subrogated upon the same terms and
conditions stipulated in the contract , in the place of
one who acquires the thing by purchase or by dation in
payment or by other transaction whereby ownership is
transmitted by onerous title.
Instances of Legal Redemption
a. Sale of co owner
b. Sale of adjacent rural land
Running of Period of Legal Redemption
The right of legal redemption shall not be exercised
except within 30 days from the notice in writing by the
prospective SELLER.
-Knowledge is insufficient
In Pre Emption – the right is present before the sale,
there is a right to purchase ahead of or before it can be
sold or transferred to other persons.
*** end of Sales ***
OBLIGATIONS
Obligations
-a juridical necessity to give, to do, or not to do
Civil Obligations
-enforceable in court
-based on 5 sources of obligations
Natural Obligations
-cannot be enforced in court
-based on equity and natural law
to enforce their
performance, but only after voluntary fulfillment by the
obligor , they authorized the retention of what has been
delivered or rendered thereof
-cannot be enforced in court being based on merely
equity and natural law and not on positive law.
Eg. Payment after prescription
Interest voluntarily paid for the use of money if no
interest is agreed upon.
Natural obligation converted to civil obligation by
novation.
Compliance with a natural obligation is discretionary. If
a person chose to fulfill , he cannot recover what he
delivered in compliance therewith. Fulfillment puts the
debtor into estoppel from recovering what had been
paid or delivered.
Sources of Obligations
a. Law
“Obligations arising from contracts have the force of
law between the parties and should be complied with in
goof faith”
Quasi Contract
-A juridical relation arising from lawful, voluntary and
unilateral acts based on the principle that no one shall
unjustly enriched or benefited at the expense of
another. (LUV)
a. Negotiorum Gestio
b. Solutio Indebiti
Rules in case of payment of interest
If the payment of interest is made out of mistake ,
solutio indebiti applies, the amount must be returned to
the debtor. If the payment was made after the obligation
to pay interest has already prescribed, natural
obligations applies, hence the creditor is authorized to
retain the amount paid.
Laches vs Prescription
Laches
-effect of delay
-not statutory, not based on fixed time
-applies in equity
Prescription
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Chammy Diamond Notes in Civil Law Bar 2016
RIGHT OF CHOICE IS WITH THE DEBTOR
a. If only one or some lost through a FE or through
debtors fault, the debtor may deliver ANY OF
THE REMAINDER. Or that which remains
b. If ALL LOST due to FE , obligation is
extinguished
c. If ALL LOST through debtors fault, the debtor
shall pay the VALUE OF THE LAST THING, and
DAMAGES
RIGHT OF CHOICE IS WITH CREDITOR
a. If only one or some are lost through a FE, the
debtor shall deliver that which the CREDITOR
SHOULD CHOOSE among the remainder.
b. If ALL are LOST due to FE, obligation is
BookMaker 2036204
extinguished
c. If only one or some are lost through the debtors
EXTINGUISHMETN
fault, the creditor MAY CLAIM ANY of those a. Payment, loss, condonation, confusion, merger,
subsisting or the PRICE of which were lost
through the debtors fault plus damages
d. If all lost through the debtors fault, the creditor
may claim The PRICE OF AY OF THEM and
DAMAGES.
JOINT AND SOLIDARY OBLIGATIONS
Joint Obligations
-where the credit or debt shall be presumed to be
divided into as many equal shares as there are
creditors or debtors, the credit or debts being
considered distinct from one another.
Solidary Obligation
-where each of the debtor obliges to pay the entire
obligation while each one of the creditors has the right
to demand from any of the debtors the payment or
fulfillment of the entire obligation.
Joint Indivisible Obligation—Effect of Breach
-give rise to indemnity for damages from the time
anyone of the debtor does not comply with his
undertaking. Innocent joint debtor shall not contribute
Untitled Imposition* by Drexel Altavano Form 12.1 (23) 23/06/2017-10:06 AM Cyan Magenta Yellow Black
BookMaker 7330315 Demo
to the indemnity beyond his corresponding shares of
the obligation.
Kinds of Solidary Obligations
a. Passive – solidary debtors
b. Active – solidary creditors
c. Mixed – solidary both
See practice exercises page 40 soriano.
OBLIGATION WITH A PENAL CLAUSE
-with an accessory undertaking which the obligor
assumes a greater liability in case of breach of the
obligations
Effect:
Subsidiary – payment of penalty only
Joint – payment of principal and penalty
GR: The debtor cannot exempt himself from the
performance of the obligation by paying the penalty
2 5 10 40 70
XPN: when the right has been expressly reserved to the
debtor
GR: the creditor cannot demand both the fulfillment of
the obligation and the satisfaction of the penalty at the
same time.
XPN: expressly granted
GR: the penalty fixed by the parties is a compensation
or substitute for damages in case of breach
XPN: Damages shall still be paid even if there is a
penal clause if
a. Stipulation
b. Debtor refuses to pay the agreed penalty
c. Debtor is guilty of fraud in the fulfillment of
obligation
Demo
OF OBLIGATION
compensation, novation.
GR: debtor cannot be compelled by the creditor to
perform obligation in parts and neither can the debtor
compel the creditor to accept obligation in parts.
XPN: agreed upon, part liquidated, part unliquidated
GR: the creditor is not bound to accept payment or
performance by 3rd person
XPN: 3rd person has interest, stipulations
RIGHT OF 3RD PERSON WHO PAID
a. If with debtors knowledge – with reimbursement
b. If w/o knowledge – without reimbursement
Note: Payment by 3rd person who does not intend to be
reimbursed by the debtor is deemed to be a
DONATION, which requires the debtors consent. But
the payment is valid as to the creditor who has
accepted it.
GR: payment to an unauthorized person is not valid
payment
XPN; payment to 3rd person insofar as it redounded to
the benefit of the creditor
SPECIAL FORMS OF PAYMENT
Dation in Payment
-the delivery and transmission of ownership of a thing
by the debtor to eh creditor as accepted equivalent of
the performance of the obligation.
-nature of sale
Extraordinary Inflation or Deflation
-the value of the currency AT THE TIME of the
establishment of the obligation shall be the basis of
payment, unless there is an agreement to the contrary.
APPLICATIN OF PAYMENT – more onerous
a. Principal more onerous than surety
b. Oldest one burdensome
c. One with interest
d. Debt with guaranty more onerous
e. Liquidated debt
24/57
Chammy Diamond Notes in Civil Law Bar 2016
The following shall be presumed dead for all purposes,
at the time of lost and entitles division of estate among
heirs
a. A person on board a vessel, missing for 4 years
b. A person in armed forces for 4 years
c. Danger of death, existence not been known for
4 years
NOTE: if there is a doubt as between 2 or more
persons who are called to succeed each other, as to
which of them died first, whoever alleges the death of
one prior to the other, shall prove the same; in the
absence of proof, it is presumed that they died at the
same time and there shall be no transmission of rights
from one to another.
BookMaker 3692647 Demo
Kinds of Heirs
1. Voluntary Heir – by virtue of will
Devise – real property
Legacy – personal property
An heir is one who succeeds to the whole or aliquot
part of the estate. Devisee or legatee is one who
succeeds to definite , specific and individual
properties.
2. Compulsory Heir – succeed to Legitime
3. Legal or Intestate Heir – those who succeed by
operation of law through intestate succession.
Preterition
Effect:
1. To annul entirely the institution of heirs but
2. The legacies and devises shall be valid insofar
as they are not officious
3. Imperfect /defective disinheritance
a. To annul the institution of heirs insofar as it
may prejudice the person disinherited but
b. The devises and legacies and other
testamentary dispositions shall be valid to
such extent as will not impair the legitime.
BookMaker 6117686 Demo
TESTAMENTARY SUCCESSION
A will is an ACT whereby a person is permitted with the
-it is not necessary that the
formalities prescribed by aw, to control to a certain
degree of disposition the disposition of his estate, to
take effect after his death.
Characteristics:
Ambulatory – revocable during the lifetime of the
testator
Individual act – can be executed only by one person
A joint will executed by Filipinos even abroad is NOT
allowed in the Philippines
Mutual Wills – separate wills although containing
reciprocal provisions are NOT PROHIBITED subject to
the rule on disposicion captatoria
NON DELEGABILITY OF WILL MAKING
Strictly personal act – it cannot be left in whole or in
part to the discretion of a 3rd person, or accomplished
through the instrumentality of an agent or attorney
-mere mechanical act can be done by 3rd person
Doctrine of Prohibited Designation
Cannot be left to the discretion of a 3rd person
1. Duration or efficacy of designation of heirs,
legatees or devisees
2. Determination of the portion which the heirs are
to receive
3. Determination as to whether or not a disposition
is to be operative.
The ff: may be entrusted to a 3rd person
1. Distribution of specific property or sums of
money that testator may leave to specified
classes
2. Designation of the persons, institutions or
establishments to which such property or sums
are to be given or applied.
-if testator dispose of the whole or part of his property
for prayer and pious work for the bereft of his soul – the
executor with the court’s approval deliver ½ or its
proceeds to the church or denominations to which the
testator may belong and ½ to the state.
-testamentary provisions in favor of the poor in general
–shall be deemed limited to the poor living in the
domicile of the testator at the time of his death unless
intention was otherwise.
Construction of Wills
a. Interpretation by which the disposition is to be
OPERATIVE shall be preferred
b. That will prevent intestacy
c. The invalidity of one of several dispositions
contained in a will does not result in the
invalidity of the other dispositions
TESTAMENTARY CAPACITY AND INTENT
1. All persons not expressly prohibited by law
The capacity of a person to make a will shall be
governed by his national law
2. 18 yrs of age
3. Of sound mind
testator be in full
possession of all his reasoning faculties or that his mind
be wholly unbroken, unimpaired or unshattered by
disease injury or other cause.
The requirement that the testator be of sound mind is
essential only at the time of the making of the will
If he is not of sound mind at that time, the will is
INVALID regardless of his state of mind before or after
such execution.
The will of an incapable will not be validated by
supervening capacity.
If the testator was of sound mind at the time of the
making of the will, the will is valid even if the testator
should later on become insane and die in that
condition. In other words, supervening incapacity does
not invalidate an effective will.
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Chammy Diamond Notes in Civil Law Bar 2016
GR: the law presumes that every person is of sound
mind
XPN: if the testator was:
1. Publicly known to be insane 1 month or less
before making a will
2. Under guardianship at the time of the making of
the will
Note: mere weakness of mind or partial imbecility does
not necessarily render a person incapable of making a
will
The burden of proof that the testator acted in lucid
interval lies on the person who maintains the validity of
the will.
BookMaker 2462204
A person suffering from civil interdiction is qualified to
make a will. He is deprived of the power to dispose of
Test of Determining the presence of witnesses
his properties through acts inter vivos but not through
acts mortis causa.
FORMAL VALIDITY OF WILLS
It is the law of the country where the will was executed
that governs the form and solemnities of wills
The will of an alien abroad produces effect in the
Philippines if made with formalities where he resides,
national law or Phil law. (816)
A will made in the Phils. By a citizen or alien shall have
the same effect if executed according to where he is a
national. (817)
Laws relating to family rights, duties or to the status ,
condition and legal capacity of persons are binding
upon citizen of the Philippines even though living
abroad (Art15)
Matters pertaining to intestate and testamentary
succession
a. Order of succession
b. Amount of successional rights
c. Intrinsic validity of testamentary provisions
Untitled Imposition* by Drexel Altavano Form 12.2 (24) 23/06/2017-10:06 AM Cyan Magenta Yellow Black
BookMaker 8166183 Demo
d. Capacity to succeed
Formal Validity common to notarial and holographic
a. Law governing extrinsic validity of wills
b. In writing
c. In a language or dialect known to the testator
Every will must be in writing. The rule is
mandatory ,otherwise it cannot be probated. Phil law do
not recognize non cupative wills or oral wills
NOTARIAL WILLS
1.. writing
2. executed in a language or dialect known to
the testator
The attestation clause , must be understood by
the witnesses even if it is in a language not known to
them.
3. Subscribed at the end thereof by the testator
himself or by the testators name written by
2 5 10 40 70
some other person in his presence and by his
express directions (4th witness)
-a will is valid if it is signed by way of the
testators name written by some other person in
his presence, and by his express direction
Cross signature – not sufficient
XPN: customary , habitual signature
4. Attested and subscribed by 3 or more credible
witnesses in the presence of the testator and of
one another.
Two requirements:
1. Attesting - act of witnessing
2. Subscribing – act of singing their names in the
Demo
proper places of the will
Actual seeing is not required but the ability to see each
other by merely casting their eyes in the proper
direction and without any physical obstruction to
prevent his doing.
5. The testator or the person requested by him to
write his name must also sign every page,
except the last, on the left margin in the
presence of the witnesses.
Mandatory – signing of every page
Directory – anywhere on the page
If document consist of 2 sheets – no need for
marginal signature
Order of signing is immaterial provided one in
one single transaction. If done in several
transaction, testator first before witnesses
6. All the pages shall be numbered correlatively in
letters on the upper part of each page
7. Must contain an attestation clause which states
1. The number of pages
2. The fact that the testator signed the will and
every page thereof or cause somebody
else to sign in his presence and direction
3. That fact that the witnesses witnessed and
signed the will and all the pages thereof in
the presence of the testator and of one
another.
The attestation clause is executed by the witnesses to
the will and not the testator. Even if the language used
in the attestation clause is not known to the testator ,
but only to the witnesses the will still remains valid.
The signature of the witnesses must be at the bottom of
the attestation clause.
8. Must be acknowledged before a Notary Public
by the testator and the witnesses
The certification of acknowledgment need not be
signed by the notary public in the presence of the
testator and the witnesses
38/57
Chammy Diamond Notes in Civil Law Bar 2016
-cancellation of the contract or reciprocal obligation in
case of breach on the part of one, which breach is
violative of the reciprocity between the parties.
Rescission in 1380 – is based on LESION or fraud upon
creditors
Fulfillment or rescission of the obligation
GR: the injured party can only choose either fulfillment
or rescission of the obligation and not both
XPN: If fulfillment has become impossible. 1191 allows
the injured party to seek rescission even after he has
chosen fulfillment.
KINDS OF CIVIL OBLIGATIONS
Pure Obligations – demandable at once
BookMaker 3930741
1. For the Demo
benefit of Creditor – creditor may
demand the performance of the obligation at
Constructive Fulfillment of a condition
The condition shall be deemed fulfilled when the
obligor voluntarily prevents its fulfillment
Period refers to a future and certain event, while
Condition refers to a future and uncertain event.
Suspensive Condition
-a condition the fulfillment of which will give rise to the
acquisition of a right.
`-positive suspensive condition – a condition which
requires a positive act on the part of the obligor that
give rise to the acquisition of rights. E.g contract to sell
(payment of the full price)
Resolutory Condition
-a condition where the rights already acquired are lost
upon fulfillment of the condition. (condition
subsequent)
Negative resolutory condition
-an act, which if not done will give rise to a cause of
action against the obligor.
Eg. In contract of sale, buyers non payment of the
purchase price
BookMaker 9412758 Demo
Potestative Condition
-a condition which depends upon the will of one of the
KINDS OF CIVIL OBLIGATIONS
contracting parties
-if the condition is potestative in a sense that its
fulfillment depends exclusively upon the will of the
debtor, and the same is suspensive, both the condition
and obligation are VOID
Casual Condition
-performance or the fulfillment of the condition which
depend upon chance and or the will of a third person.
Mixed Condition
-party depend upon the will of a party to the obligation
and party upon chance and or the will of a 3rd person.
Note: Casual and Mixed are VALID unlike purely
potestative conditions.
Impossible Conditions annuls the obligations which
depends upon the party not of a 3rd person.
OBLIGATION WITH A PERIOD
“ I will pay when my means permit me to do so “
-obligation with a period , VALID
-as the time of payment is not fixed, the court must fix
the same before any action for collection may be
entertained.
Benefit of a Period
Whenever in an obligation a period is designated , it is
presumed to have been established for the benefit of
both the creditor and debtor unless it was established
for the benefit of either party
Effect of Term /Period
any time but the debtor cannot compel him to
accept payment before the expiration of the
period (on demand)
2. For the benefit of Debtor – debtor may oppose
any premature demand on the part of the
creditor for performance of the obligation , he
may perform obligation in advance
Instances when the court may fix the period
1. If the obligation does not fix a period
2. If the duration depends upon the will of the
debtor
3. If the debtor binds himself when his means
permit him to do so
Once fixed by the court, the period cannot be changed
by the parties.
Instances where the debtor loses his right to make use
of the period
a. He becomes insolvent
b. He does not furnish to creditor guaranties or
securities he has promised
c. He has impaired said guaranties
d. Debtor violates any undertaking
e. Attempts to abscond
Right to choose and substitution
Alternative – obligor may choose to completely perform
one out of the several prestations, the performance of
one is sufficient to extinguish the obligation.
Facultative – only one prestation has been agreed
upon, but the obligor may render one in substitution of
the first one.
Alternative Obligations
GR: Right to choose belongs to the debtor
XPN: unless expressly given to the creditor
When alternative becomes simple obligation
-when the debtor has communicated the choice to the
creditor
-only one is practicable
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Chammy Diamond Notes in Civil Law Bar 2016 Chammy Diamond Notes in Civil Law Bar 2016

a. Valid old obligation

b. Intent to extinguish the old Requisites of Pour Atrui Nuisance Per se – always a nuisance at all time under Future properties CANNOT be subject of donation
c. Capacity and consent of the parties to the new a. in favor of 3rd person any circumstances regardless of location or
obligation b. just part of the contract surroundings -property which is subject to suspensive condition can
d. Substantial difference of the old and new c. clearly conferred favor upon 3rd person -can be summarily abated be donated. Because it retroacts to the day the contract
obligations d. 3rd person must have communicated his -need only be proved is constituted upon fulfillment of the condition.
e. Valid new obligation acceptance -matter of law
Limitation: Donation intervivos
Presumption is never presume – it must be proven as a OBLIGATORY FORCE OF CONTRACTS4 Nuisance per accidens – kind of nuisance by reason of 1.. if the donor has forced heir, he cannot give or
fact either by; Contracts shall be obligatory in whatever form they may location, surrounding or in a manner it is conducted or receive by donation more than what he can give or
a. Explicit declaration have been entered into provided all the essential managed. receive by will
b. Material incompatibility requisites for validity are present -matter of fact 2. reserve for himself and payment of his debts
-with reasonable notice 3. cannot comprehend future properties/inheritance
Two fold function of Novation Obligations arising from contracts have the force of law
a) It extinguishes the old obligation between the contracting parties and should be GR: Swimming poos is not an attractive nuisance, Note: illegal and impossible conditions in simple and
b) Creates a new obligation complied with in good faith. because merely an imitation of work of nature. remuneratory donation shall be considered as NOT

BookMaker 5547160
MUTUALITY OF Demo
KINDS OF NOVATION
Substituting the person of the debtor – may be made
The contracts must bind both contracting parties and
without the knowledge of or against the will of the latter,
but not without the consent of the creditor
a. Delegation (old debtor)–the substitution is
initiated by the old debtor himself by
convincing another person to take his place
and to pay his obligation to the creditor.
b. Expromission (3rd person) – the substitution of
the old debtor by anew debtor is upon the
initiative or proposal of a third person.
Right of new debtor
If with consent – reimbursement
If without consent – insofar as beneficial only
Insolvency of the new debtor in delegacion
GR: Insolvency of the new debtor shall not revive the
action of the latter against the original obligor
XPN: insolvency was already existing and of public
knowledge
Insolvency of the new debtor in expromission
If substation is without consent of debtor – old debtor
not liable
If substation is with consent – old debtor still liable
Untitled Imposition* by Drexel Altavano Form 13.1 (25) 23/06/2017-10:06 AM Cyan Magenta Yellow Black
BookMaker 8309330 Demo
XPN: dangerous slides
CONTRACTS
Remedies against Public Nuisance DONATION MORTIS CAUSA
its validity or compliance cannot be left to the will of one a. Prosecution under RPC or local ordinance
of them b. Civil action
c. Abatement without judicial proceeding
Validity of contract of adhesion
-not entire void since the one who adheres to the Extrajudicial abatement (per se only)
contract is in reality free to reject it entirely. a. Demand
-construed against the party who drafted the same b. Demand rejected
c. Abatement is approved by district health officer
The determination of the performance may be left to a and executed with assistance of local police
3rd person. However, his decision shall not be binding
until it has been known to both the contracting parties Right to question nuisance is imprescriptible.
AUTONOMY OF CONTRACTS MODES OF ACQUIRING OWNERSHIP
-it is the freedom of the parties to contract and to OLD TIPS
stipulate provided the stipulations are not contrary to
law, morals , good customs , public order Occupation
Requisites:
Essential Requisites of Contract a. Seizure of thing
a. Consent b. Without an owner
b. Object c. Intention to appropriate
c. Cause d. Susceptible of appropriation
e.g animals, hidden treasure
CONSENT
Vices – fraud, mistake, intimidation\ Land – if without an owner – state
If abandoned and private – can be object of occupation
IMPOSED.
-donation takes effect upon death of donor
-must comply with the formalities of wills otherwise
VOID.
Distinguishing characteristics
1. Conveys no title or ownership
2. Donor retains ownership
3. Revocable by will
4. Void if transferor would survive
Modal Donation – subject to burden or charges
Onerous – donors receive valuable consideration
equivalent to property donated
FORMALITIES REQURIED
Acceptance maybe made by the donee himself or thru
an agent with special power of attorney otherwise
donation shall be void.
Incapacitated
Donations made to incapacitated person shall be VOID.
Minor:
If the donation needs written acceptance , it may be
accepted by their guardian or legal guardians.

BookMaker 8996923
-the offer and Demo BookMaker 8685032
Conceived ChildDemo
Cognitive Theory If does not belong to anyone – presumed public
Effect of Novation acceptance concur only when the
Extinguishment of the principal, extinguishes the
acceptance has reached the knowledge of the offeror DONATION Donations made to conceived and unborn children
accessory and not at the time of sending the acceptance. -is the act of pure liberality whereby a person disposes may be accepted by those who would legally represent
Except: pour atrui gratuitously of a thing or right in favor of another who them if they were already born.
Advertisement of bidder – simply an invitation to make accepts it.
*** end of Obligation *** proposals and advertiser is not bound to accept the Donation is perfected from the moment the donor
highest or lowest bidder unless the contrary appears Requisites: knowns of the acceptance by the donee
CONTRACTS a. Donor must have capacity to make the
Acts which are not FRAUDULENT donation PERSONAL PROPERTY
Principle of Relativity or Principle of Limited Effectivity of a. The usual exaggeration in trade and the other b. Must have donative intent With simultaneous delivery:
contracts party had an opportunity to know the facts are c. Delivery For 5k or less – oral or written
GR: Contracts takes effect only between the parties or not themselves fraudulent d. Donee must accept or consent to the donation For more than 5k – written in public or private document
their assigns and heirs, except where the rights and b. A mere expression of an opinion does not during the lifetime of the donor and of the done
obligations arising from the contract are not signify fraud, unless made by an expert and the in case of donation intervivos. W/O simultaneous delivery
transmissible by their nature, stipulation or by provision other party had relied on the former’s special The donation and acceptance must be written in public
of law knowledge Extent of donation or private instrument regarless of value otherwise
-may comprehend all the present property of donor, UNENFORCEABLE.
XPN: Kinds of Simulation of Contract provided he reserves in full ownership the means to
a. stipulation pour atrui a. Absolute – the contracting parties do not intend support himself and his relatives who at the time of the
b. in fraud of creditors to be bound by the contract at all- VOID acceptance of the donation are by law entitled to be
supported by the donor IMMOVABLE PROPERTY

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Chammy Diamond Notes in Civil Law Bar 2016 Chammy Diamond Notes in Civil Law Bar 2016

Must be in Public Instrument SUCCESSION GR: the obligation is not extinguished because a
a. Property donated Requisites: generic thing never perishes
b. Burdens assumed -is a mode of acquisition by virtue of which the a. One creditor one debtor
Acceptance: property, rights and obligations to the extent of the b. Same kind and nature (money) An obligation to do is extinguished when the prestation
a. Same instrument value of the inheritance of a person, are transmitted c. All debts are due becomes legally or physically impossible without the
b. In another instrument notified to the donor in through his death to another or others either by his will d. Payment by debtor is insufficient to cover all fault of the obligor
authentic form, and noted in both deeds. or by operation of law. debts
Otherwise, donation is VOID. Effect when thing is lost in the possession of the debtor
Inheritance – includes all the property, rights and GR: it is presumed that loss is due to debtors fault
Note: an unborn child may be a donee. If the conceived obligations of a person which are not extinguished by If the debt happens to be same nature and burden, the XPN: presumption shall not apply in case of loss is due
child did not become a person the donation is null and his death. payment shall be applied proportionately. to earthquake, flood storm
void. -includes not only the property and the transmissible XPN to the XPN: debtor incur delay or fault
rights and obligations existing at the time of this death, PAYMENT BY CESSION
-Donee is not liable beyond the value of the donation but also those which have accrued thereto since the -debtors abandons all of his property for the benefit of Rebus sic stantibus
received. opening of the succession his creditors in order that from the proceeds thereof, the -principle in international law which means that an
-the creditors may rescind the donation to the extent of latter may obtain payment of credits. agreement is valid only if the same conditions

BookMaker 8720916 Demo BookMaker 7525370 Demo

their credits. Accion pauliana.
also to his obligations
VOID DONATIONS
a. All relative incapacity in wills
GROUNDS FOR REVOCATION
1. Birth of a donor’s child
2. Appearance of a child who is missing
3. Ingratitude
Refuses to give support, imputes criminal
offense, commit offense against donor.
-donor cannot revoke a condition donation unilaterally ,
need to go to court even the donee breached any of
the obligations. Action must be filed within prescriptive
period
-Only compulsory heirs may sue for reduction of
inofficious donations. During the lifetime of donor.
PRESCRIPTION
Acquisitive Prescription
-Ordinary – possession in good faith and with just title
Extraordinary – does not require good faith and just title
but possession for a period longer than ordinary
acquisitive prescription
Extinctive Prescription – loss of property rights or
actions through the possession by another of a thing for
Untitled Imposition* by Drexel Altavano Form 13.2 (26) 23/06/2017-10:06 AM Cyan Magenta Yellow Black
Heir succeed not only to the rights of the deceased but
GR: Rights and Obligations arising from contracts are
binding upon the heirs
XPN: their nature, stipulation, provision of law
The right to succession, are transmitted from the
moment of death of the decedent.
Rules on properties after the execution of a will
GR: after acquired properties not part of the will but will
pass through legal succession
XPN: if the after acquired property is one which the
testator has disposed of under his will as a legacy or
device.
The heirs cannot be held liable for the debts or
obligations of the decedent. They are not personally
liable with their own individual properties for the
monetary obligations debts lefts by the decedent.
It is the estate that pays for the debts left by the
decedent
The responsibility of the heirs for the debts of their
decedent cannot exceed the value of the inheritance
they receive from him.
-insolvent
-ownership is not transferred
-merely released the debtor for the net proceeds of the
thing ceded or assigned.
DANCION IN PAYMENT
-extinguishes to the extent of the value of the thing
-ownership is transferred
TENDER OF PAYMENT
-extrajudicial offer of payment
-if the creditor refuses the tender of payment without
just cause, the debtors are discharged from the
obligation by the consignation of the sum due.
CONSIGNATION
-act of depositing the object of the obligation with the
court after creditor refuse to accept the same.
-once the consignation has been duly made the debtor
may ask the judge to order the cancellation of the
obligation
Requisites of Consignation
a. Valid existing debt
b. Prior valid tender of payment
c. Creditor unjustly refuses
d. Prior notice of consignation
e. Deposited to judiciary
f. Subsequent notice of fact of consignation
prevailing at the time of the contracting continue to
exist at the time of performance.
-Principle of unforeseen event applies when the service
has become so difficult as to be manifestly beyond the
contemplation of the parties, the obligor may also be
released therefrom in whole or in part.
CONDONATION OR REMISSION OF DEBT
An act of liberality by virtue of which the creditor ,
without receiving any price or equivalent , renounces
the enforcement of obligation.
-acceptance of the debtor is required. There can be no
unilateral condonation. It is a donation.
CONFUSION OR MERGER
-there is confusion when there is a meeting in one
person of the qualities of a creditor and debtor of the
same obligation
-effect obligation is extinguished
COMPENSATION
It is a mode of extinguishing obligations that take place
when two person in their own right are creditors and
debtors of each other.
Requisites:
a. Each debtor and creditor must be bound

BookMaker 2555823 Demo BookMaker 8310940 Demo

the period provided by law or failure to bring the Future Inheritance GR: Consignation shall produce effect of payment only principally
necessary action to enforce ones right within the period
GR: no contract may be entered into upon future if there is valid tender of payment b. Both debts consist in sum of money
fixed by law. inheritance XPN: creditor is absent c. Both debt are due
XPN: partition intervivos, Donation propter nuptias by d. Both debs are liquidated and demandable
OCENCO – concept of an owner future spouses to each other of future property Right of Debtor to withdraw the thing deposited e. Neither debt must be retained in a controversy
Before the creditor has accepted the consignation, or commenced by 3rd person
Movables – An heir cannot enter into a compromise agreement to before a judicial declaration that the consignation has f. Compensation must not be prohibited by law
4 yrs – good faith renounce his rights over a future inheritance been properly made, the debtor may withdraw the thing
8 yrs – bad faith or the sum deposited allowing the obligation to remain Debts not subject to compensation
Actual delivery is NOT necessary for an heir to acquire in force a. Support
Cannot be subject of prescription ownership over an inherited property. b. Taxes
a. Public domain The possession of hereditary property is deemed If the consignation having been made, the creditor c. Criminal offenses
b. Registered land transmitted to the heir without interruption and from the should authorized eh debtor to withdraw the same, he
c. Movables possessed through crime moment of the death of the decedent. shall lose every preference which he may have over the NOVATION
Prescription of 10 yrs thing. The co debtor , guarantors and sureties shall be Is the substitution or change of an obligation by
Mortgage The law in force at the time of the decedent’s death will released. another, resulting in its extinguishment or modification
Based on obligation determine who the heirs should be either by changing the object or principal conditions or
Based on judgment LOSS OF THE THING DUE by substituting another in the place of the debtor or by
Presumptive Death (opening of succession) GR: the obligation is extinguished when the object of subrogating a 3rd person to the rights of the creditor
*** End of Property*** Absence of 10 years – if disappeared at the age of 75 the obligation is lost or destroyed
plus 5 years XPN: law, stipulation , assumption of risk Requisites

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Chammy Diamond Notes in Civil Law Bar 2016
contracts are binding unless they are annulled by the
proper action in court . it is susceptible of ratification.
If both parties are incapable of giving consents –
unenforceable
He who has capacity to contract may not invoke the
incapacity of the party with whom he has contracted
nor can those who exerted intimidation, violence or
undue influence.
Effects of Annulment of Contract
If not yet consummated – parties released
If contract has already been consummated
a. Restitution
GR: Mutual restitution
XPN: no restitution. The party incapacitated is
BookMaker 5354960 Demo
not obliged except insofar as he has been
benefited
b. If cannot return due to fault, he shall return
fruits, value at the time of the loss with interest
Prescription – 4 years
UNENFORCEABLE CONTRACTS
Those contracts which cannot be enforced by action or
complaint unless they have been ratified by the party or
parties who did not give consent
a. Contract entered into by one without the legal
authority is unenforceable
b. Statute of fraud
c. Those parties are incapable of giving consent
A contract of sale over a piece of land entered by an
agent whose authority is NOT IN WRITING even if he
acted beyond the scope of his authority is VOID
Statute of Frauds
Require certain classes of contracts to be in writing
purpose is to prevent fraud.
-applies only to executory contracts not to those that
are partially or completely fulfilled.
MY LEGS
1. Not to be performed within a year
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BookMaker 6345519 Demo
2. Special promise to answer for a debt (guaranty)
3. Agreement in consideration of marriage
4. Sale of goods 500 up
5. Lease of property for more than 1 year
6. A representation as to the credit of 3rd person
VOID OR INEXISTENT CONTRACTS
a. Those that lack the essential requisites for its
validity (inexistent)
b. Those object or cause is contrary to law
morals , good customs (void)
Void contract cannot be ratified.
The principle of In Pari De licto is applicable in VOID
contracts but not in inexistent contracts. Void contracts
may produce effect but inexistent contracts do not
produce effect.
Void contracts – imprescriptible
GR: they produce no legal effect
XPN: in case of in pari de licto since it will refuse legal
remedy to either party to an illegal agreement and
2 5 10 40 70
leaves them to where they were. Neither party can
recover from each other.
*** End of Contracts ***
PROPERTY
-It is any object that may be appropriated
Requisites:
a. Utility-capacity to satisfy human wants
b. Individuality-separate and autonomous
existence
c. Appropriability-susceptibility to ownership4
Properties not susceptible of appropriation
a. Common things – electricity
b. Not susceptible due to legal impossibility
c. Not susceptible due to physical impossibility
IMMOVABLE PROPERTIES 415
1. Land buildings, roads and construction of all
kinds adhered to the soil.
-building can be mortgage separated from the
land.
-building can be an object of a chattel
mortgage
2. Trees, plants and growing fruits, while they are
attached to the land or form an integral part of
an immovable.
-trees may be real or personal
-GR: growing fruits are considered as real property
while they are attached to the soil
EXP: ungathered fruits are considered as personal
property for the purpose of sale.
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.
Res Vinta – immovable by incorporation, which
when separated from the immovable, regain their
condition as movable.
4. Statues, reliefs, paintings or other objects for
use or ornamentation, placed in buildings or on
lands by the owner of the immovable in such a
manner that it reveals the intention to attach
them permanently to the tenements.
Placed by the owner – must be placed by the
OWNER of the immovable and not necessarily
the owner of the object
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 s piece of land
& which tend directly to meet the needs of the
said industry or works.
Requisites for machinery to be considered real
property:
a. Industry or work carried in the building
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Chammy Diamond Notes in Civil Law Bar 2016
-only a possessor in good faith is allowed to remove the
useful improvement he introduced provided that the
useful improvement can be removed without damage to
the principal thing.
USUFRUCT
Right of a person called usufructuary to enjoy the
property of another called the owner , with the
obligation of returning it at the designated time and
preserving its form and substance unless the title
constituting it or the law provides otherwise.
A usufruct can be constituted in favor of a town,
corporation or association not more than 50 years.
GR: the usufructuary is bound to preserve the form and
BookMaker 9863392 Demo
substance of the thing in usufruct.
XPN: abnormal usufruct - involves consumable things
RIGHTS OF USUFRUCTURARY
1. To lease the thing
2. To set off the improvements he may have made
on the property against any damage to the
same
-no right to be indemnified if improvement
cannot be removed.
3. To retain the thing until he is reimbursed
Note: A usufructuary may lease the object held in
usufruct, but all the contracts he may enter into as
such usufructuary shall terminate upon the expiration
of the usufruct. The owner of the property must respect
the lease entered into by the usufructuary so long as
the usufruct exist.
Right of usufructuary to the usufruct itself
1. To alienate, pledge, mortgage the right of
usufruct
2. To bring action to recover property or real right
– ask owner to give him authority
GR: a usufructuary cannot exercise acts of ownership
such as alienation or conveyance
XPN: consumable, intended for sale
BookMaker 9880474 Demo
-Usufructuary not liable to pay mortgage, not liable to
pay deterioration due to wear and tear or FE but liable
to damages in case of fraud or negligence.
Offsetting of Damages
If the damages exceed the value of the improvements ,
the usufructuary is liable for the difference as indemnity
If the improvement exceed the amount of damages, the
usufructuar y may remove the por tion of the
improvement representing the excess in value it can be
done without injury; otherwise the excess in value
accrues to the owner.
Exemption of Usufructuary to give Security:
a. Usufruct is subject to Caucion Juratoria – the
usufructuary being unable to file the required
bond or security, may file a verified petition in
the proper court asking for the delivery of the
house and furniture necessary for himself and
his family so that he and his family be allowed
to live in a house included in the usufruct and
retain it until the termination of the usufruct
without any bond or security.
Death of the owner – does not terminate the usufruct.
His rights are transmitted to the heirs.
Art 606: a usufruct granted for the time that may elapse
before a third person reaches a certain age shall
subsist for the number of years specified even if the 3rd
person should die unless there is an express stipulation
in the contract that states otherwise.
EXTINCTION
a. Acquisitive prescription of 3rd person
b. Loss of the thing
c. Death of usufructuary
d. Termination of right
e. Renunciation
EASEMENTS
-is an encumbrance imposed upon an immovable for
the benefit of
1. another immovable belonging to different owner
2. a community or one or more persons to whom the
encumbered estate does not belong by virtue of which
the owner is obliged to abstain from doing or to permit
a certain thing to be done on his estate.
Can there be an easement over another easement?
NO.
-can be instated only on another immovable property
-can there be an easement over a usufruct – NO.
-same answer
-can there be usufruct over easement? NO.
-servitude no existence independent of the property
EASEMENT
Real
Right enjoyed
SERVITUDE
-real or personal
Burden imposed upon another
How easement is acquired
1. Prescription 10 yrs – continuous and apparent
only
2. Deed of recognition
3. Final judgment
4. Apparent sign
5. By title
Computation of prescriptive Period
Positive – when estate begins to exercise it.
Negative – from the day a notarial prohibition is made
on the servient estate.
CLASSIFCATION OF EASEMENT
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Chammy Diamond Notes in Civil Law Bar 2016
Purpose:
Positive - one which impose upon the servient estate
the obligation of allowing something to be done or
doing it himself. Eg. Right of way
Negative – that which prohibits the owner of the
servient estate from doing something which he could
lawfully do if the easement did not exist.
e.g. easement of light and view, owner is prohibited
from obstructing the passage of light.
Manner of Exercise
Continuous – without the intervention of man
Eg aqueduct and easement of light and view
Discontinuous – used at intervals and depend upon the
BookMaker 1088345 Demo
acts of man
As to whether their existence is indicated
Apparent – made known and continually kept in view
Non apparent – show no external indication
Source:
Legal – created by law
Voluntary – constituted by agreement of parties
-the owner of the property in usufruct may create
easement without consent of the usufructuary provided
the right of the latter is not impaired.
LEGAL EASEMENT
-is an easement established by law for public use or for
the interest of private persons
Scope of easement of natural drainage
Lower estates are obliged to receive the water which
naturally and without the intervention of man descend
from higher estates as well as the stones or earth which
they carry with them.
-dominant owner must not increase the burden
-the easement of natural drainage prescribes by non
use of 10 years
-easement of AQUEDUCT is not acquirable by
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Easement ofDemo
prescription after 10 years because all waters belong to
the state: this is the exception.
-It is an easement which gives right to make water flow
-is the right to make opening or window to enjoy
thru intervening estates in order that one may make use
of said water.
EASEMENT OF RIGHT OF WAY
-right to demand that the owner of an estate
surrounded by other estates be allowed to pass thru
the neighboring estates after the payment of proper
indemnity.
-cannot be acquired by prescription because it is
discontinuous.
Requisites of Right of way
1. The easement must be established at the point
lease prejudicial to the servient estate
2. Claimant must be an owner of enclosed
immovable or with real right
3. No adequate outlet to a public highway
4. Necessary not mere convenience
2 5 10 40 70
5. Payment of proper indemnity
6. Isolation must not be due to the claimants own
act
Least Prejudicial to the Servient Estate
-is the shortest and the one which will cause the least
damage to the property to the servient estate in favor of
the dominant estate.
-the way which will cause the least damage should be
used even if it will not be the shortest.
In conflict , the least prejudicial prevails over the
criterion of shortest distance.
Two instances where INDEMNITY is not required.
1. When a piece of land acquired by sale,
exchange or partition is surrounded by other
estates of the vendor. The buyer shall be
obliged to grant ROW without indemnity.
2. When a piece of land acquired by donation
surround the estate of the donor or grantor. The
grantee shall of course grant a ROW to the
donor without indemnity.
If its the land which is surrounded by the land of the
donor, the donor is required to give ROW but with
indemnity.
Measurement of Easement
-the width of the easement shall be that which is
sufficient for the needs of the dominant estate and
may be changed from time to time.
Opening of a pubic road – special causes of
extinguishing easement.
PARTY WALL
GR: Any owner may free himself from the
obligation to contribute by renouncing his rights in
the party wall.
XNP; when party wall supports his building he
cannot refuse to contribute .
EASEMENT OF LIGHT
-is the right to admit light from neighboring estate
by virtue of the opening of a window
View
view thru the estate of another and the power to
prevent all constructions or works which could
obstruct such view or make the same difficult.
-title or acquisition in 10 yrs
EXTINCTION OF EASEMENT
1. Non use of 10 years
2. Bad condition
3. Expropriation of the servient estate
4. Impossibility to use the easement
NUISANCE – (code: HASIO)
-an act, omission, establishment or business
1. Hinders the use of property
2. annoys the senses
3. Shocks the morality
4. injures public health and safety
5. Obstructs free passage
34/57
Chammy Diamond Notes in Civil Law Bar 2016
b. Relative – a relatively simulated contract, when
it does not prejudice a 3rd person and is not
intended for any purpose contrary to law,
morals , good customs and public order binds
the parties to their real agreements
False cause – relatively simulated
OBJECT
a. Thing
b. Right
c. service
-these must be in existence at the moment of the
celebration of the contract , or at least, it can exist
subsequently or in the future.
BookMaker 9867040 Demo
Exception to future inheritance
a. between spouses in a marriage settlement
b. partition of estate through acts intervivos
provided the legitime of compulsory heir is not
impaired.
FORMALITIES IN SPECIFIC CONTRACTS
1, DONATIONS
a)Personal Property – if value exceeds 5k, the
donation and acceptance must be both written
b)Real Property
1)must be in public instrument specifying the value
of the charges
2)acceptance must be written either in the same
deed or in separate deed
3)If acceptance in separate deed, the donor shall
be notified thereof in authentic form and this step
shall be noted in both instruments.
2)PARTNERSHIP where real property is donated
a. public instrument
b. inventory of the realty must be made signed by the
parties and attached to the public instrument
3)ANTI CHRESIS
a. the principal and the interest must be in writing
BookMaker 1652610 Demo
4) AGENCY TO SELL REAL PROPERTY
-authority of the agent must be in writing
5)STIPULATION LIMITING COMMON CARRIERS DUTY
OF EXTRAORDINARY DILIGENCE TO ORDINARY
a. writing signed by the shipper
b. supposed by valuable consideration
c. not contrary to public policy.
6) CHATTEL
-personal property must be registered in the Chattel
Mortgage Register
Must be in Public Instrument
Sale of real property or interest therein
Repudiation, cession or renunciation of hereditary
rights
When there is no meeting of the minds, the proper
remedy is ANNULMENT not reformation.
Reformation – valid contract, but does not reflect real
intention
Prescription for Reformation: 10 years from date of
execution.
RESCISSIBLE CONTRACTS
-these are contracts validly executed but nevertheless
maybe set aside due to a particular economic damage
or lesion caused to either to one of the parties or 3rd
person.
Rescissible contracts
a. Entered by guardian , ward suffered lesion
about more than ¼ of the value of property
If without court approval – VOID
b. Contract were the object involved is subject of
litigation
c. Accion pauliana
d. Payment by insolvent
Requisites before contract may be rescinded
a. There must be no other legal means of
obtaining reparation fro the lesion
b. The person bringing the actin must be able to
return whatever he may be obliged to restore
c. The object of the contract must not be legally in
the possession of a 3rd person who did not act
in bad faith.
Badges of Fraud
a. Consideration in the conveyance of property is
inadequate
b. Transfer of debtor while pending suit
c. Sale upon credit by insolvent debtor
RESOLUTION 1191
Principal
Non performance of obligation
Only to reciprocal obligation
Cancellation
RESCISSION 1381
Subsidiary
5 grounds
Even 3rd person prejudiced
Reparation for damages or injury
Mutual Restitution
Rescission of contracts creates an obligation of mutual
restitution of the object of the contracts, their fruits and
the price with interest.
Rescission is possible only when the person
demanding rescission can return whatever he may be
obliged to restore. A court of equity will not rescind a
contract unless there is restitution, that is their parties
are restored to their status quo ante.
Prescription of rescission – 4 years
VOIDABLE CONTRACTS
-those where consent is vitiated either by the incapacity
of one of the contracting parties or by mistake,
violence, intimidation undue influence or fraud. These
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Chammy Diamond Notes in Civil Law Bar 2016
If the finder is married: - he gets ½ of its value, her
spouse entitled to share ½ of that share being conjugal
property.
Requisites for a Finder to be entitled:
a. Discovery was made in the property of
ANOTHER
b. CHANCE
c. He is not a TRESPASSER
Note: if the things found be of interest to science or the
arts, the state may acquire them at their JUST PRICE,
which shall be divided in conformity with the rule
stated.
A trespasser – not entitled to any share
BookMaker 8460100 Demo
By Chance – the finder had no intention to search for
the treasure , there is no agreement between the owner
of the property and the finder for the search of the
treasure.
Yamashita treasure – state 75% , finder 25%
ACCESSION
-right pertaining to the owner of a thing over everything
which is produced thereby, or which is incorporated or
attached thereto, either naturally or artificially.
Right of Accession
-right of ownership of which an owner of a thing has
over the product of said thing as well to all things
inseparably attached or incorporated thereto whether
naturally or artificially.
FRUITS
a. Natural fruits – spontaneous product of soil
b. Industrial fruits-produced by lands
c. Civil fruits- rent of buildings
-He who receives the fruit has the obligation to pay the
expenses made by a 3rd person in their production
gathering and preservation.
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-with respect to animals, it is sufficient that they are in
the womb of the mother, although unborn.
Pratus sequitur ventrem – offspring follows the mother.
If no stipulation, the owner of the female was
considered also the owner of the young, unless there is
a contrary custom or speculation.
ACCESSION CONTINUA
Is the right pertaining to the owner of a thing over
everything incorporated or attached thereto either
naturally or artificially by external forces:
a. Adjunction or conjunction – two movables
things belonging to different owners are united
to form single object e.g painting (accessory
follows the principal)
b. Mixture- combination of material where
respective identified of elements are lost (co
ownership)
2 5 10 40 70
c. Specification-it is giving of new form to
another’s material through application of labor.
(accessory follows the principal)
ACCESSION DISCRETA
-it is the right pertaining to the owner of a thing over
everything produced thereby.
Basic Principles
a. He who is in bad faith is liable for damages
b. Accessory follow the principal
c. BF of one party neutralizes the BF of the other
so that they may be considered GF
d. Unjust enrichment
Land Owner Good Faith
1. Acquire improvements after paying indemnity
for necessary expenses
2. Sell the land if value of land is lesser than the
value of building otherwise
3. Require pay rent (agreed or by court)
Builder in Good Faith
1. Has the right to retain the improvement until
indemnity is paid
2. May remove the improvement
3. Cannot be compelled to buy, pay only rent
Land Owner Bad Faith
1. Acquires improvement after paying indemnity
and damages
2. He cannot compel the builder to buy the land
Builder Bad Faith
1. Lose everything without right to be indemnified
2. Recover necessary expenses
3. Pay damages to owner
ACESSION : USUFRUCTUARY
GR: the usufructuary is not entitled to indemnity for the
expenses he had incurred in the making of the
improvements.
XPN: he may remove the improvements even against
the will of the owner, provided, that no damage would
be caused to the property.
The usufructuary may introduce useful and luxurious
improvements but is prohibited from altering the form
and substance of the property.
ACCESION NATURAL : ALLUVION
Requisites:
1. Deposit is Gradual
2. Results from the effect of current of water
3. Land is adjacent to the banks of a river
-if all requisites are present , the riparian owner is
automatically entitled to accretion.
Accretion is the process whereby the soil is deposited
while alluvium is the soil deposited.
-if deposits are brought by sea water – belongs to the
state.
-alluvial deposits must be registered . though,
automatically it is owned by the riparian owner, it is still
30/57
Chammy Diamond Notes in Civil Law Bar 2016
subject to acquisitive prescription which may divest the
riparian owner the ownership over the accretion.
-if riparian owner fails to register the deposit within the
prescriptive period of 10 yrs or 30 yrs, its subject said
accretion to acquisitive thru prescription.
AVULSION
It is the deposit of known portion of land detached from
the property of another which is attached to the
property of another as a result of the effect of the
current of a river, creek or torrent.
-the owner of the land to which the segregated portion
belonged retains the ownership of it, provided he
removes it within 2 years.
BookMaker 2773095 Demo
Alluvium
-gradual
-soil cannot be identified Full ownership over his ideal share
-belongs to the owner of the property it is attached
-merely attachment
Avulsion
-sudden and abrupt process
-identifiable and verifiable
-belongs to the owner from whose property it was
detached
-detachment followed by attachment
Rule on Avulsion
GR: Original owner retains title
XPN: the owner must remove the transported portion
within 2 years to retain ownership, otherwise the land
not removed shall belong to the owner of the land to
which it has been adjudicated in case of:
Abandonment
Expiration of 2 years
-if uprooted trees, 6 months to retrieve.
ACTION TO QUIET TITLE
-to put an end to troublesome litigation with respect to
the property involved.
-remedial action
BookMaker 3558665
Right to demandDemo
-present adverse claim
Partition:
ACTION TO REMOVE CLOUD GR: every co owner has the right to demand partition
-remove possible future hostile claim
-a preventive action
CO –OWNERSHIP
-state of undivided thing or right belonging to 2 or more
persons
Alienation of property co owned
When a co-owner sells the whole property as his, the
sale will affect only his own share but not those of the
other co-owner who did not consent to the sale.
-a sale of entire property without the consent of the
others is NOT void but affects only what would
corresponds to his grantor in the partition of the thing
owned in common.
-not exceeding 10 years is valid, extendible by new
agreement
-donor may prohibit not exceeding 20 years
RIGHTS OF CO-OWNERS
1. To share the benefits in proportion to his
interest, charges borne same proportion
2. To compel other co owners to contribute to
expenses for preservation of the thing
3. To exercise legal redemption
4. To ask for partition
5. Right to make repairs for preservation
Effect of Redemption of whole property by co-owner
Redemption of the whole property by a co owner does
not vest in him sole ownership over said property.
Redemption within the period prescribed by law by a
co owner inures to the benefit of all co owners.
-anyone of the co owners may bring an action in
ejectment, even without consent of others.
-being the full owner thereof he may alienate, assign or
mortgage; he can also substitute another person in the
enjoyment of his share, except only when personal
rights are involved.
ACTS OF ALTERATION
CONSENT REQUIRED
-ejectment and repair – one
-alterations and acts of ownership – ALL
-useful improvements , luxuries, administration –
FINANCIAL MAJORITY
-until partition is made, no one can claim any particular
portion of an undivided property as exclusively as his
own.
Effects of Alteration without consent:
a. Lose what he spent
b. Obliged to demolish the improvements
c. Pay for the loss
-None of the co owners shall without the consent of
others, make ALTERATIONS in the thing owned in
common, even though benefits for all would result
therefrom.
XNP:
a. unserviceable
b. Indivisible
c. law
d. agree to keep property for undivided period of time
not more than 10 years
e. prohibited by transfer of donor (20 yrs)
Prescription
GR: As long as the co owner expressly or impliedly
recognizes the co-ownership , prescription cannot run
in favor of or against him.
XPN: unless the co owner performed unequivocal acts
of repudiation
Impugning Partition already implemented
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Chammy Diamond Notes in Civil Law Bar 2016
GR: a partition already executed or implemented
CANNOT be impugned.
XPN: fraud
Remedies available to co-owners if property cannot be
partitioned
a. Allotment of entire property to one, indemnity to
others
b. Sell the property and distribute proceeds
Rights of co-owner that are not affected by partition
a. Mortgage
b. Servitude
-if a lot was mortgaged, then partitioned, the mortgage
still covers all 3 lots, the one who contracted the
unsecured obligation , he would of course be the only
BookMaker 7222673 Demo
one responsible.
-the partition of a thing owned in common shall not
prejudice 3rd person who shall retain the rights of
mortgage, servitude or any other real rights belonging
to them before the division was made.
RIGHT TO CONTRIBUTION FOR EXPENSES
-only necessary expenses can be compelled to
contribute.
WAIVER
A co-owner may opt not to contribute to the expenses
for the preservation of the property
GR: yes, by renouncing his undivided interest equal to
the amount of contribution
XPN: if the waiver or renunciation is prejudicial to the
co-ownership , otherwise he cannot exempt himself
from the contribution.
Right of Redemption of Co-Owners
-the shares of all or any other co-owner if sold to 3rd
person may be redeemed.
-they may do so in proportion to the shares they
respectively have.
Note: legal redemption is possible only before partition.
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CONDOMINIUM ACT
GR: no partition of common areas
XPN;
a. 3 years after damages, it renders unfit for use
b. More than ½ of the units are untenantable
c. The project has been in existence for more than
50 years
POSSESSION
-applies to properties with or without an owner
-possession does not confer ownership
-there can be no possession without ownership
OCCUPATION
-property without an owner
-occupation confers ownership
There can be no occupation without ownership
Acts which do not give rise to possession
2 5 10 40 70
Force or intimidation as long as there is a possessor
who objects thereto. Must seek the aid of competent
court
Criteria in case there is a dispute of possession of two
or more persons
1. Present actual possessor shall be preferred
2. If there are 2 possessors , the one longer in
possession
3. If dates of possession are the same, the one
with a title
Duty of a finder of a lost movable
Whoever finds a lost movable, which is not a treasure,
must return it to its previous possessor. If the latter is
unknown, the finder shall immediately deposit it with the
mayor of the city or municipality where the finding has
taken place.
-if after publication, the finder does not appear withini 6
months, it shall be awarded to the finder
DOCTRINE OF IRREVINDICABILITY
GR: The possession of movable property acquired in
good faith is equivalent to title.
XNP:
1. Owner has lost
2. Has been unlawfully deprived of a movable
-the possessor cannot retain the thing as
against the owner , who may recover it without
paying any indemnity
XPN: to the XPNs: where movable is acquired
in good faith at a PUBLIC SALE, the owner
must reimburse to recover
RIGHT TO PENDING FRUITS
GR: the possessor shall share in the expenses of
cultivation and charges and a part in the net harvest
both in proportion to the time of possession
-the owner may pay the possessor in good faith or
indemnify for his cultivation expenses and charges and
his share in the net harvest
-to allow him to finish the cultivation and gathering of
the growing fruits as an indemnity for his share in the
expenses.
Note: if the possessor refuses, for any reason, to finish
the cultivation and gathering, he forfeits the right to be
indemnified in an other manner.
RIGHT TO BE REIMBURSED
Necessary expenses are refundable to every possessor
whether the possessor is in GF or BF.
-However, only the possessor in GF has the right to
retain the thing until he has been reimbursed
-no right of removal for necessary expenses whether
GF or BF.
Useful expenses
-only possessor in good faith with the right of retention
has the right to be reimbursed for useful expenses.
Useful Improvement
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Chammy Diamond Notes in Civil Law Bar 2016
b. Be placed by the owner
c. Tend to directly meet the needs of the said
industry
d. Be essential and principal to the industry or
work
-machinery placed by tenant or usufructruary,
not real property
-machineries bolted – depends on the intention
Note: As between parties –agreement prevails
As to 3rd person – general rules on immovable
6. Animals houses, pigeon houses, beehives, fish
points or breeding places of similar nature, in
case their owner has placed them or preserves
them with the intention to have them
permanently attached to the land, and forming
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a permanent part of it; the animals in these
place are included
REMEDIES TO RECOVER OWNERSHIP
7. Fertilizers actually used on a piece of land
-fertilizers in sacks are not included
-only fertilizers used on a piece of land are
deemed immovable.
8. Mines quarries and slag dumps, while the matter
thereof forms part of the bed and waters either running
or stagnant.
9. Docks and structures which though floating are
intended by their nature and object to remain at a fixed
place on a river, lake or coast.
Ex. Floating power barges
10. Contracts for public works and servitudes and
other real rights over immovable property.
e.g contracts over a construction of a bridge.
PERSONAL MOVABLE
1. Susceptible of appropriation
2. Real property which by any special provision of
law considers as personalty
3. Forces of nature which are brought under the
control of science
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4. All things which can be transported from place
to place without impairment of the real property
to which they are fixed.
5. Shares of stock of agricultural , commercial and
industrial entities , although they have real
estate.
Sacred and religious object are considered outside the
commerce of man. They are neither public nor private
party.
Public Dominion
-ownership by the public in general
-not totally outside the commerce of man, the
constitution allows the estate to enter into co
production, joint venture.
Classification of lands of public dominion
1. Agricultural
2. Forest Timber
3. Mineral lands
4. National parks
-authority to classify lands is prerogative of executive
departments.
-property of public dominion can only be converted to
patrimonial property by formal declaration by the
executive.
OWERSHIP
Attributes of Ownership
a. Right to enjoy (jus utendi)
b. Right to the fruits (jus fruendi)
c. Right to abuse (jus abutendi)
d. Right to dispose (jus dispodendi)
e. Right to recover (jus vindicandi)
f. Right to accessories (jus accesiones)
g. Right to possess (jus possidendi)
AND
POSSESSION
Legal Remedies to recover possession of one’s
property
1. Personal property – Replevin
2. Real Property
a. Accion Interdictal
b. Accion Reinvindicatoria
Accion Interdictal
-it is a summary action to recover physical or material
possession only and it must brought within 1 year from
the time the cause of action arises.
Accion Publiciana
-it is an ordinary civil proceeding to recover the better
right of possession. What is involve here is possession
de jure
Accion Reinvindicatoria
-action to recover real property based on ownership.
Here , the object is the recovery of the dominion over
the property as owner.
Principle of Self Help
-the principle authorizes an owner or lawful possessor
of a property to use reasonable counterforce to prevent
or stop another person from taking the former’s
property there must be no delay in the pursuit,
otherwise, his recourse will be to go to court for the
recovery of property.
HIDDEN TREASURE
It is any hidden, unknown deposit of money, jewelry or
other precious object , the lawful ownership of which
does not appear.
Note: oil and gold not considered as hidden treasure-
these are natural resources.
RULES:
GR: if the finder is the owner of the land, building or
other property where it is found, the entire hidden
treasure belongs to him.
XPN: if the finder is not the owner , or is a stranger , he
is entitled to ½ thereof.
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