Académique Documents
Professionnel Documents
Culture Documents
1. Legal capacity of contracting parties who must be male and female To issue marriage license
2. consent freely given in presence of solemnizing officer Do duties of local civil registrar
ABSENCE OF ANY: void ab initio
Defect: voidable PARENT’S CONSENT
Between 18-21
FORMAL REQUISITES PARENT’S ADVICE
1. Authority of solemnizing officer Between 21-25
2. Valid marriage license If none, marriage license not be issued till after 3 months
Issued by local civil registrar of city/municipality where either o Plus marriage counseling. If none, suspend issuance of
party habitually resides license for 3 months from completion of publication of
Notice posted for 10 consecutive days on bulletin board outside application
office of registrar
VALID FOR 120 DAYS from date of issue ART. 26. Marriages solemnized outside Philippines if valid = also valid
If either or both parties are foreigner, must submit certificate of in the Phil except those prohibited:
legal capacity issued by diplomatic/consular official Below 18
Stateless persons/refugees to submit affidavit showing capacity Bigamous/polygamous marriage
3. Marriage ceremony (personal declaration, atleast two witnesses) Contracted thru mistake as to identity of the other
ABSENCE OF ANY: void ab initio Subsequent marriages that are void under art 53 (failure to
Irregularity: parties responsible to be civilly, criminally and comply with requirements like judgment of annulment,
administratively liable partition, delivery of presumptive legitimes to be recorded)
Psychologically incapacitated (36)
SOLEMNIZING OFFICERS ALLOWED: Incestuous marriages (37)
1. incumbent mem of judiciary within court’s jurisdiction o b/n ascendants and descendants (any degree)
2. any priest, rabbi, imam or minister o b/n brothers and sisters (full or half-blood)
Duly authorized by his church/religious sect Public policy (38)
Registered with civil registrar general o Bn collateral relatives up to 4th civil degree (legit or not)
Acting within limits of written authority o Bn step-parents and step-children
Atleast one of the parties belongs to the officer’s church o Parents in law and children in law
3. ship captain/airplane chief (articulo mortis) o Adopting parent and adopted child
Not only when the ship is at sea or plane is in flight o Surviving spouse of adopting parent and adopted child
During stopovers at ports of calls too o Surviving spouse of adopted child and adopter
4. military commander of unit (articulo mortis) o Adopted child and legitimate child of adopter
Chaplain is absent o Adopted children of same adopter
During military operation o Killed another person’s spouse or his/her own spouse
5. consul-general, consul, vice-consul with intention to marry the other
Marriage b/n Filipino and foreigner Present spouse to institute summary proceeding to declare
If validly celebrated and alien spouse obtained divorce abroad presumptive death of absentee. Such to automatically terminate
capacitating him/her to remarry = Filipino spouse capacitated upon recording of affidavit of reappearance
too (art 26) o Termination of subsequent marriage due to
A Filipino citizen has the capacity to remarry under Philippine law after reappearance:
initiating a divorce proceeding abroad and obtaining a favorable judgment
against his or her alien spouse who is capacitated to remarry (Republic v
Children conceived prior to termination are legit
Manalo) Absolute community or conjugal partnership be
to include cases involving parties who, at the time of the dissolved and liquidated but if one is in bf, his
celebration of the marriage were Filipino citizens, but later share be forfeited in favor of common children
Donations by reason of marriage = valid. If done in
on, one of them becomes naturalized as a foreign citizen
bf, revoked by operation of law.
and obtains a divorce decree. The reckoning point is not Innocent spouse may revoke spouse (bf) as
the citizenship of the parties at the time of the celebration of beneficiary
the marriage, but their citizenship at the time a valid Spouse (bf)) disqualified to inherit from innocent
divorce is obtained abroad by the alien spouse capacitating spouse by testate & intestate succession
the latter to remarry. (Orbecido ruling) If both in BF, marriage is void ab initio, all
donations revoked
Art. 27. EXEMPTED FROM MARRIAGE LICENSE 5. contracted thru mistake of party as to identity of the other
either or both at point of death (articulo mortis) 6. void subsequent marriages
residence is where there’s no means of transportation 7. psychologically incapacitated at time of celeb (36)
Muslims or mems of ethnic cultural communities in accordance
with their customs, rites, practices VOIDABLE MARRIAGES (ART. 45)
Atleast 5 year cohabitation 1. 18 years or over but below 21 and without parent’s consent
o lived together as husband and wife and Ratified: after attaining age 21, party freely cohabited with the
o without legal impediment to marry each other other and both lived as H and W
Can be filed by party whose parent didn’t give consent within 5
VOID MARRIAGES (Art. 35) yrs after 21
1. below 18 Can be filed by parent anytime before party reached 21
2. solemnized by person not legally authorize to perform marriage 2. either is of unsound mind (Anytime before death of either)
unless, either or both parties believed in gf that he had legal Filed by sane spouse who had no knowledge of insanity or
authority By person in charge of insane or
3. no license By insane spouse during lucid interval
4. bigamous or polygamous marriages 3. consent obtained by fraud (filed within 5 yrs after discovery)
not so if spouse absent for 4 consecutive years and spouse Nondisclosure of previous conviction by final judgment of crime
present has well-founded belief that the absent spouse was (moral turpitude)
already dead. If danger of death, 2 yrs is sufficient.
Concealment by wife that she was pregnant by another man at WHEN: within 5 yrs from time of occurrence of the cause. Can’t be tried
time of marriage before 6 mos since filing. Court to take steps toward reconciliation of
Concealment of STD, regardless of nature, at time of marriage sps.
Concealment of drug addiction, habitual alcoholism or
homosexuality/lesbianism existing at time of marriage PROPERTY RELATIONS
4. consent obtained by force, intimidation or undue influence (within 5 Marriage settlements before marriage – modifications valid if
yrs from time such ceases) before celeb. If made by 18-21 party, parent’s consent needed to
Ratified by cohabitation as h and w be valid.
5. physically incapable of consummating marriage and incapacity o Absolute community (default)
continues and appears to be incurable (within 5 yrs after marriage) If not, can’t donate more than 1/5 to each other
Can’t be ratified Commences at precise moment M is celeb
6. afflicted with sexually transmitted disease(serious and incurable) Consists of all the property owned by the sps at
Can’t be ratified time of celeb or acquired thereafter
Within 5 yrs after marriage EXCLUDE
Property acquired during M by gratuitous
Children conceived or born before final judgment of title + fruits and income
annulment/absolute nullity under 36 and under 53 = legitimate For personal and exclusive use except
jewelry
LEGAL SEPARATION (ART 55) Acquired before M by one who has
1. Repeated physical violence/grossly abusive conduct against legitimate descendants by former M
petitioner, common child, P’s child LIABLE: support, debts and oblig for benefit of
2. physical violence or moral pressure to change religious/political community, taxes
affiliation Except: antenuptial debts not for benefit of
3. attempt to corrupt or induce petitioner, common child or child to family, support of illegit, liabilities due to
engage in prostitution or connivance in such crime/quasi-delict
4. final judgment of imprisonment of more than 6 yrs even if pardoned DISSOLVE: death, legal sep, annulment/nullity,
5. drug addiction/habitual alcoholism judicial separation of property during M
6. lesbianism or homosexuality of respondent o Conjugal partnership
7. subsequent bigamous marriage Common fund of proceeds, products, fruits and
8. sexual infidelity or perversion income from their separate properties and those
9. attempt against life of petitioner acquired thru efforts/chance to be divided equally
10. abandonment w/o justifiable cause for more than 1 yr upon dissolution
Acquired by onerous title during M at expense of
Be denied if: condone, consented to commission, connivance, both gave common fund
grounds, collusion, and prescription Obtained from labor, industry, work
Fruits received during M from common and before M: Belongs to buyer
exclusive property during M: conjugal partnership
Share in hidden treasure
Acquired thru occupation (fishing, hunting) JUDICIAL SEPARATION OF PROPERTY
Livestock in excess of which was brought to M Spouse sentenced to penalty with civil interdiction
Acquired by chance Judicially declared an absentee
EXCLUSIVE PROPERTY Loss of parental authority decreed by court
Brought to M as his/her own Abandoned or failed to comply family oblig
Acquired during M by gratuitous title Abused power of administration granted
Acquired by right of redemption, barter or Separated in fact for atleast 1 yr & reconciliation is highly
exchange with property belonging to only improbable
one spouse
Purchased with exclusive money of H or W ART. 147 PROPERTY REGIME OF UNION WITHOUT MARRIAGE
o Complete separation Capacitated to marry each other
Code Live exclusively with each other as H and W
Local customs Without M or void M
Wages and salaries owned in equal shares
Governed by Phil laws except of both sps are aliens, property situated Property acquired thru their work under rules on co-ownership
outside Phil and executed where it is located (extrinsic validity), Party who didn’t participate in acquisition deemed to contribute
situated in outside requiring diff. formalities jointly if efforts consisted in care and maintenance of family and
household
DONATIONS BY REASON OF MARRIAGE o Other cohabitation, only properties acquired thru actual
Made before celeb joint contri be owned by them in proportion to their
In consideration of M respective contri.
In favor of one/both future sps If married to another (adultery), his/her share
May be REVOKED accrues to absolute community or conjugal of
o Marriage not celeb or void ab initio valid M
o Marriage is without consent of parents
o Marriage is annulled and donee acted in bf FAMILY HOME
o Legal separation, donee is guilty spouse Exempted from execution, forced sale, attachment
o Resolutory condition complied EXCEPT
o Donee committed act of ingratitude o Taxes
o Debts prior to constitution of family home
ART. 118. Property bought on installments o Debts secured by mortgages
from exclusive and conjugal funds o Debts due to laborers to construct bldg.
o if full ownership vested
LEGITIMATE SUCCESSION
Conceived or born during M Mode of acquisition
Impugned if (within 1 yr from knowledge of birth) Property, rights, oblig transmitted thru his death to another
o Physically impossible for h to have sexual intercourse By will or operation of law
with w
o As proved by biological/scientific reasons Art. 777. OPENING OF SUCCESSION. Rights transmitted from moment
o Written authorization/ratification for artificial of death of decedent.
insemination obtained thru mistake, fraud, etc
If born before 180 days after M = conceived during former M TESTAMENTARY CAPACITY
o If after 180 days = conceived during M Not under 18
Sound mind (presumed)
LEGITIMATED o Not necessary to fully possessed all his reasoning
Conceived and born outside of wedlock of parents who weren’t faculties
disqualified by impediment to marry each other or disqualified o Sufficient: know nature of estate to dispose, proper
only because below 18 y/o objects of bounty, character of testamentary act
Take place after subsequent valid marriage
FORMS OF WILLS
ADOPTION In writing
Only minors may be adopted except if allowed Language/dialect known to testator
Adopter must be atleast 16 yrs older than person to be adopted Subscribed at the end by testator
o Unless parent by nature of adopted or spouse of o Or testator’name written by other person in his presence
legitimate parent of adoptee and by his express direction
Cannot adopt Attested (# of pages, testator signed, presence of witnesses and
o Guardian-ward prior to approval of final accounts such signed) and subscribed by 3 or more credible witnesses in
o Convicted of crime of moral turpitude presence of testator and of another
o Alien except:
Former Filipino citizen to adopt a relative by DEAF TESTATOR – Personally read will or two persons to read &
consanguinity communicate contents to him
Adopt legitimate child of his/her Filipino spouse BLIND TESTATOR – read will twice: witness and notary public
Married to Filipino and to adopt jointly a relative
by consanguinity of the spouse HOLOGRAPHIC WILL
Must adopt jointly except Entirely written, dated, signed by hand of testator.
o To adopt his own illegitimate child No form
o To adopt legitimate child of spouse May be made in or out of Phil
Need not be witnessed
To probate, atleast one witness who knows handwriting and Art. 828. WILL IS REVOCABLE any time before his death.
signature of testator Valid when done outside Phil and not domiciled here if
Any insertion, cancellation, erasure be authenticated by full o According to where will was made
signature o Or where testator had his domicile
REVOKED BY
Art 815. LEX LOCI CELEBRATIONIS o Implication of law
Filipino abroad is authorized to make will in any form allowed o Will, codicil
by country where may be. May be probated in the Phil. o Burning, tearing, cancelling, with intention to revoke
Art 816. Will of alien abroad produces effect in the Phil if REVOCATION IN SUBSEQUENT WILL
Made with formalities of place in which he resides (domiciliary Inoperative due to incapacity of heirs, devisees or legatees or by
law) renunciation = 1st will remains revoked
Observed in his country (national law) If 2nd will is void, 1st will is valid
In conformity which this Code prescribes (Phil law, where he
executed the will – Art. 17 DISALLOWANCE OF WILL (839)
Formalities not complied (due execution)
Art. 817. Will of alien made in Phil is as if executed accdg to Phil law Testator is insane or mentally incapable
If made according to his country (national law) Executed thru force, duress or fear, threats
Procured by undue and improper pressure and influence
JOINT WILL PROHIBITED and not valid in Phil even if authorized in Testator’s signature procured by fraud
country where it was executed Testator acted by mistake
If the obligor DELAYS or has promised to deliver the same thing to TWO or 1170. FRAUD, NEGLIGENCE, DELAY
MORE PERSONS who do not have the same interest, he shall be responsible Those who in the performance of their obligations are guilty of fraud,
for fortuitous event until he has effected the delivery. negligence or delay and those who in any manner contravene the tenor
thereof, are liable for damages.
1166. ACCESSIONS and ACCESSORIES
1171. FRAUD Receipt of a later installment of a debt without reservation as to prior
Responsibility arising from fraud is demandable in all obligations. Any waiver installments shall give rise to the presumption that such installments have
of an action for future fraud is void. been paid.
In case of fraud, bad faith, malice or wanton attitude, the obligor shall 1179. PURE OBLIGATION
be responsible for all damages which may be reasonably attributed to Every obligation whose performance does not depend upon a future or
the non-performance of the obligation. uncertain event, or upon a past event unknown to the parties, is demandable
at once.
DILIGENCE REQUIRED
If the law or contract does not state the diligence which is to be observed in Every obligation which contains a RESOLUTORY CONDITION shall also be
the performance, that which is expected of a good father of a family shall be demandable, without prejudice to the effects of the happening of the event.
required.
1180. OBLIGATION WITH A PERIOD
1174. NOT RESPONSIBLE for UNFORSEEN When the debtor binds himself to pay when his means permit him to do so,
No person shall be responsible for those events which could not be foreseen, the obligation shall be deemed to be one with a period, subject to 1197.
or which though foreseen, were inevitable.
If the obligation does not fix a period, but from its nature and
EXCEPT: circumstances it can be inferred that a period was intended, the courts
-in cases expressly specified by law, or may fix the duration thereof.
-when it is otherwise declared by stipulation
-when nature of the obligation requires the assumption of risk Courts shall also fix the duration of the period when it depends upon
the will of the debtor.
1175. USURIOUS TRANSACTIONS shall be governed by special laws.
Courts shall determine such period as may under the circumstances
1176. PRESUMPTION OF PAID INTEREST have been probably contemplated by the parties. Once fixed by the
Receipt of the principal by the creditor, without reservation with respect to courts, period cannot be changed by them.
the interest, shall give rise to the presumption that said interest has been paid.
1181. CONDITIONAL OBLIGATION
PRESUMPTION OF PAID INSTALLMENTS
In conditional obligations, the acquisition of rights as well as the The effects of a conditional obligation to give, once the condition has been
extinguishment or loss of those already acquired, shall depend upon the fulfilled, shall retroact to the day of the constitution of the obligation.
happening of the event which constitutes the condition.
RECIPROCAL PRESTATIONS
Nevertheless, when the obligation imposes reciprocal prestations upon the
1182. SOLE WILL OF DEBTOR parties, the fruits and interests during the pendency of the condition shall be
When fulfillment of condition depends upon sole will of the debtor, deemed to have been mutually compensated.
conditional obligation is void. If it depends upon chance or upon will of 3rd
person, obligation shall take effect in conformity with this Code. UNILATERAL OBLIGATION
If the obligation is unilateral, the debtor shall appropriate the fruits and
1183. IMPOSSIBLE CONDITION interests received, unless from the nature and circumstances of the obligation
Impossible conditions, those contrary to good customs or public policy and it should be inferred that the intention of the person constituting the same
those prohibited by law shall ANNUL the obligation which depends upon was different.
them.
In obligations to do and not to do, the courts shall determine, in each case, the
If obligation is divisible, the part not affected by the impossible/unlawful retroactive effect of the condition that has been complied with.
condition shall be valid.
Condition not to do an impossible thing shall be considered as not having 1188. CREDITOR PRESERVES HIS RIGHT
been agreed upon. The creditor may, before the fulfillment of the condition, bring the
appropriate actions for the preservation of his right.
1184. CONDITION: EVENT TO HAPPEN
The condition that some event happen at a determinate time shall extinguish RECOVER MONEY PAID BY MISTAKE
the obligation as soon as the time expires or it has become indubitable that Debtor may recover what during the same time he has paid by mistake in case
the event will not take place. of a suspensive condition.
1191. RECIPROCAL OBLIGATIONS If the uncertainty consists in whether the day will come or not, obligation is
The power to rescind obligations is implied in reciprocal ones, in case one of conditional and shall be regulated by the rules of preceding section
the obligors should not comply with what is incumbent upon him. (Conditional obligations).
FULFILLMENT OR RESCISSION 1194. Loss, deterioration or improvement of the thing BEFORE THE
Injured party may choose between the fulfillment and the rescission of the ARRIVAL OF THE DAY CERTAIN, 1189 shall be observed.
obligation, with the payment of damages in either case. He may also seek
rescission even after he has chosen fulfillment, if the latter should become 1195. EARLY PAYMENT OR DELIVERY
impossible. Anything paid or delivered before the arrival of the period, obligor being
unaware of the period or believing that the obligation has become due and
1legal right of using and enjoying the fruits/profits of something demandable, may be recovered with fruits and interests.
belonging to another
1196. PRESUMED TO BENEFIT BOTH C and D
Whenever in an obligation a period is designated, it is presumed to have been A person alternatively bound by different prestations shall completely
established for the benefit of both the creditor and the debtor, UNLESS from perform one of them.
the tenor of the same or other circumstances it should appear that the period
has been established in favor of one or of the other. Creditor cannot be compelled to receive part of one and part of the other
undertaking.
1197. COURTS TO FIX DURATION
1200. RIGHT OF CHOICE BELONGS TO DEBTOR
If the obligation does not fix a period, but from its nature and circumstances it
can be inferred that a period was intended, the courts may fix the duration The right of choice belongs to the debtor UNLESS it has been expressly
thereof. granted to the creditor.
Courts shall also fix the duration of the period when it depends upon the will Debtor shall have no right to choose those prestations which are impossible,
of the debtor. unlawful or which could not have been the object of the obligation.
Courts shall determine such period as may under the circumstances have 1201. CHOICE NEEDS TO BE COMMUNICATED
been probably contemplated by the parties. Once fixed by the courts, period The choice shall produce no effect except from the time it has been
cannot be changed by them. communicated.
3. When by his own acts he has IMPAIRED said GUARANTIES/SECURITIES 1204. CREDITOR’S RIGHT TO DAMAGES
after their establishment and when through a fortuitous event they disappear, The creditor shall have a right to indemnity for damages, when through the
unless he immediately gives new ones equally satisfactory. fault of the debtor, which are all things alternatively the object of the
obligation have been LOST, or compliance of obligation has become
4. Debtor VIOLATES ANY UNDERTAKING, in consideration of which the IMPOSSIBLE.
creditor agreed to the period
5. Debtor ATTEMPTS TO ABSCOND. BASIS OF INDEMNITY
Indemnity shall be fixed taking as a basis the value of the last thing which
disappeared or that of the service which last became impossible.
Damages other than the value of the last thing or service may also be
ALTERNATIVE OBLIGATIONS awarded.
When one of the solidary debtors cannot reimburse his share to the debtor 1223. DIVISIBLE and INDIVISIBLE OBLIG
paying the obligation due to INSOLVENCY, such share shall be borne by all his Divisibility and indivisibility of things which are the object of the obligations
co-debtors, in proportion to the debt of each. in which there is only one debtor and only one creditor doesn’t alter/modify
nature and effects of obligation.
1218. NOT ENTITLED TO REIMBURSEMENT
Payment by a solidary debtor shall not entitle him to reimbursement from his 1224. JOINT INDIVISIBLE OBLIGATION
co-debtors if such payment is made after obligation has PRESCRIBED or A joint indivisible obligation gives rise to indemnity for damages from the
become ILLEGAL. time anyone of the debtors doesn’t comply with his undertaking. Debtors
who may have been ready to fulfill their promises shall not contribute to
indemnity beyond the corresponding portion of price of the thing or value of
service in which the obligation consists. 1228. ACTUAL DAMAGES NOT NECESSARY
Proof of actual damages suffered by the creditor is not necessary in order that
1225. INDIVISIBLE penalty may be demanded.
Obligations to give definite things and those which are not susceptible of
partial performance shall be deemed to be indivisible. 1229. PENALTY MAY BE REDUCED
The judge shall equitably reduce the penalty when the principal obligation has
DIVISIBLE been partly or irregularly complied with by the debtor. Even if there had been
When the obligation has for its object the execution of a certain number of no performance, penalty may also be reduced by the courts it is INIQUITOUS
days of work, accomplishment of work by metrical units, or analogous things or UNCONSCIONABLE.
which by their nature are susceptible of partial performance, it shall be
divisible. 1230. NULLITY OF PENAL CLAUSE doesn’t carry with it that of the principal
obligation.
PHYSICALLY DIVISIBLE BUT INDIVISIBLE
Even though the object or service may by physically divisible, an obligation is NULLITY OF PRINCIPAL obligation carries with it that of the penal clause.
indivisible if so provided by law or intended by the parties.
CHARACTER OF PRESTATION
In obligations to do, divisibility or indivisibility shall be determined by the EXTINGUISHMENT OF OBLIGATIONS
character of the prestation in each particular case. 1231. OBLIGATIONS EXTINGUISHED BY:
Neither can creditor demand fulfillment of obligation and satisfaction of 1232. PAYMENT = PAY OR PERFORM
penalty at the same time, unless this right has been clearly granted him. Payment means not only the delivery of money but also the performance, in
any other manner of an obligation.
However, if after creditor has decided to require fulfillment of obligation,
performance should become impossible without his fault, penalty may be 1233. MUST BE COMPLETELY DELIVERED
enforced.
A debt shall not be understood to have been paid unless the thing or service in When a minor between 18 ad 21 yrs. old, who has entered into a
which the obligation consists has been completely delivered or rendered as contract without the consent of the parent/guardian, voluntarily pays
the case may be. sum of money or delivers a fungible thing in fulfillment of the
obligation – NO RIGHT TO RECOVER the same from obligee who has
1234. SUBSTANTIAL COMPLIANCE in GFaith spent or consumed it in good faith.
If the obligation has been substantially performed in good faith, obligor may
recover as though there had been a strict and complete fulfillment, less 1240. PAY IN WHOSE FAVOR OBLIGATION WAS MADE
damages suffered by obligee. Payment shall be made to the person in whose favor obligation was
constituted, or his successor in interest, or any person authorized to receive it.
1235. ACCEPT = DEEMED FULLY COMPLIED
When the obligee accepts the performance, knowing its incompleteness or 1241. VALID AS TO WHAT WAS BENEFICIAL
irregularity, and without expressing any protest or objection, obligation is Payment made to person who is incapacitated to administer his property shall
deemed fully complied with. be valid if he has kept the thing delivered or insofar as the payment has been
beneficial to him.
1236. 3rd PERSON WITH NO INTEREST
Creditor is not bound to accept payment or performance by a 3rd person who REDOUNDED TO BENEFIT OF CREDITOR
has no interest in the fulfillment of the obligation unless there is a stipulation Payment made to a 3rd person shall also be valid insofar as it has redounded to
to the contrary. the benefit of the creditor. Such benefit NEED NOT BE PROVED in the ff. cases:
In the meantime, the action derived from the original obligation shall be held 1254. DEBT MOST ONEROUS TO DEBTOR
in abeyance. When payment can’t be applied under preceding rules or can’t be inferred
from other circumstances, the debt which is most onerous to the debtor,
1250. VALUE OF CURRENCY among those due, shall be DEEMED to have been SATISFIED.
If debts due are of the same nature and burden, payment be applied to all of NOTIFY INTERESTED PARTIES AFTER C
them PROPORTIONATELY. After consignation has been made, interested parties shall be notified thereof.
Consignation be ineffectual if not made strictly in consonance with provisions 1263. LOSS OF GENERIC THING
which regulated payment. In an obligation to deliver a generic thing, loss of destruction of anything of
the same kind DOESN’T EXTINGUISH the obligation.
1258. DEPOSIT THING DUE
Depositing the things due at the disposal of judicial authority, before whom 1264. PARTIAL LOSS
tender of payment shall be proved in a proper case and announcement of Courts shall determine whether under the circumstances, partial loss of the
consignation in other cases. obligation is so important as to extinguish the obligation.
If creditor claimed it to be inofficious to nullify the waiver, debtor and his
1265. PRESUMPTION OF FAULT OF DEBTOR heirs may uphold it by proving that delivery of document was made in virtue
Whenever the thing is lost in the possession of the debtor, it shall be of payment of debt.
presumed that the loss was due to his fault unless there is proof to the
contrary and without prejudice to 1165.
Presumption doesn’t apply: earthquake, flood, storm or other natural 1272. PRESUMED DELIVERED VOLUNTARILY
calamity. When private document where debt appears is found in the possession of
debtor, it shall be presumed that creditor delivered it voluntarily unless
1266. LEGALLY/ PHYSICALLY IMPOSSIBLE contrary is proved.
The debtor in obligations to do shall also be released when PRESTATION
becomes legally or physically impossible without fault of obligor. 1273. EXTINGUISH ACCESSORY OBLIG
Renunciation of principal debt shall extinguish accessory obligations but
1267. SERVICE BECOMES SO DIFFICULT waiver of accessory obligations shall leave the principal debt in force.
When service has become so difficult as to be manifestly beyond the
contemplation of the parties, obligor may also be released in whole or in part. 1274. ACCESSORY PRESUMED REMITTED
It’s presumed that the accessory obligation of pledge has been remitted when
1268. DEBT FROM CRIMINAL OFFENSE thing pledged is found in possession of debtor or 3rd person who owns the
When debt of a thing certain and determinate proceeds from a criminal thing after its delivery to the creditor.
offense, debtor shall NOT BE EXEMPTED from payment of its price whatever
may be the cause for the loss, unless the person who should receive it refused 1275. CONFUSION/ MERGER OF RIGHTS
without justification to accept it after the thing has been offered by debtor. Obligation is extinguished from the time characters of creditor and debtor are
merged in the same person.
1269. CREDITOR HAS ALL RIGHTS OF ACTION
When obligation has been extinguished by loss of the thing, creditor shall have 1276. MERGER
all the rights of action which debtor may have against 3rd persons by reason of Merger which takes place in the person of principal debtor or creditor
the loss. benefits the guarantors.
1236 – he can recover only insofar as payment has been beneficial to original 1301. CONSENT of ORIGINAL & 3rd PERSON
debtor Conventional subrogation of a 3rd person requires consent of the original
1237 – he cannot compel the creditor to subrogate him in his rights such as parties and of 3rd person.
those arising from mortgage, guaranty or penalty.
1302. LEGAL SUBROGATION
1294. ORIGINAL DEBTOR NOT LIABLE Presumed that there is legal subrogation:
If the substitution is without the knowledge or against the will of the debtor, 1. Creditor pays another creditor who is preferred even without the
new debtor’s insolvency or non-fulfillment of obligation shall not give rise to knowledge of the debtor.
any liability on original debtor’s part.
2. 3rd person, not interested in the obligation, pays with express or tacit
1295. INSOLVENCY EXISTED OR KNOWN approval of debtor
Insolvency of new debtor who has been proposed by the original debtor and
accepted by creditor, shall not revive the action of creditor against the original 3. Person interested in the fulfillment of the obligation pays even without the
debtor EXCEPT when insolvency was already existing and of public knowledge of the debtor and without prejudice to the effects of confusion as
knowledge or known to the debtor when he delegated his debt. to debtor’s share.
CONTRACTS Contracting parties must have clearly and deliberately conferred a favor upon
1305. MEETING OF MINDS 3rd person.
Contract is a meeting of minds between 2 persons whereby one binds himself
with respect to the other, to give something or to render some service. 1312. CONTRACTCS WITH REAL RIGHTS
In contracts creating real rights, 3rd persons who come into possession of the
1306. NOT CONTRARY TO L, M, GC, PO, PP object of the contract are bound thereby, subject to Mortgage Law and Land
Contracting parties may establish such stipulations, clauses, terms, and Registration laws.
conditions as they may deem convenient, provided they are not contrary to
law, morals, good customs, public order or public policy. 1313. CREDITORS PROTECTED
Creditors are protected in cases of contracts intended to defraud them.
1307. INNOMINATE CONTRACTS
Shall be regulated by: 1314. LIABLE FOR DAMAGES
- Stipulations of the parties Any 3rd person who induces another to violate his contract shall be liable for
- Obligations and Contracts damages to the other contracting party.
- Rules governing the most analogous nominate contracts
- Customs of the place. 1315. PERFECTED BY MERE CONSENT
Contracts are perfected by mere consent and from that moment parties are
1308. MUTUALITY OF CONTRACT bound not only to the fulfillment of what has been expressly stipulated but
Contracts must bind both contracting parties; its validity or compliance also to all consequences which according to their nature may be in keeping
cannot be left to the will of one of them. with good faith, usage and law.
1324. WITHDRAWAL BEFORE ACCEPTANCE Simple mistake of account shall give rise to its correction.
When offerer has allowed offeree a certain period to accept, offer may be
withdrawn anytime before acceptance by communicating such withdrawal, 1332. MUST FULLY EXPLAIN THE TERMS
EXCEPT when option is founded upon a consideration as something paid or When one of the parties is unable to read or if contract is in a language not
promises. understood by him and mistake or fraud is alleged, person enforcing the
contract must show that terms have been fully explained to the person unable
to read or understand the language. Through words or machinations of one of the contracting parties, the other is
induced to enter into a contract which, without them, he would not have
1333. DOUBT, CONTINGENCY, RISK KNOWN agreed to.
No mistake if party alleging it knew the doubt, contingency or risk affecting
the object of the contract. 1339. DUTY TO REVEAL FACTS
Failure to disclose facts when there is a duty to reveal them as when parties
1334. MUTUAL ERROR are bound by confidential relations, constitutes fraud.
Mutual error as to legal effect of an agreement when real purpose of parties is
frustrated may vitiate consent. 1340. OPPORTUNITY TO KNOW FACTS
Usual exaggerations in trade when the other party had the opportunity to
1335. VIOLENCE know the facts are not in themselves fraudulent.
When in order to wrest consent, serious or irresistible force is employed.
1341. MERE OPINION = NO FRAUD
INTIMIDATION Mere expression of an opinion doesn’t signify fraud unless made by an expert
When one of the contracting parties is compelled by a reasonable and well- and the other party has relied on the expert’s special knowledge.
grounded fear of an imminent and grave evil upon his person or property, or 1342. SUBSTANTIAL MISTAKE
upon person or property of his spouse, descendants/ ascendants, to give his Misrepresentation by 3rd person doesn’t vitiate consent unless such
consent. misrepresentation created substantial mistake and the same is mutual.
Circumstances to consider: confidential, family, spiritual and other relation - RELATIVE = parties conceal their true agreement.
between parties or the fact that person alleged to have been unduly
influenced was suffering from mental weakness, ignorant or in financial 1346. ABSOLUTELY SIMULATED/ fictitious contract is void.
distress.
Relative simulation, when it doesn’t prejudice a 3rd person and not intended
1338. FRAUD for any purpose contrary to law, morals, good customs, public order or public
policy binds the parties to their real agreement.
Although the cause is not stated in the contract, it is presumed that is exists
1347. MAY BE THE OBJECT OF CONTRACT and is lawful unless the debtor proves the contrary.
All things which are not outside the commerce of men, including
future things. 1355. LESION/INADEQUACY = STILL VALID
All rights which are not intransmissible. Lesion or inadequacy of cause doesn’t invalidate a contract UNLESS there has
All services which are not contrary to law, morals, good customs, been fraud, mistake or undue influence.
public order or public policy.
1356. WHATEVER FORM ALLOWED
No contract may be entered into upon future inheritance except in cases Contracts shall be obligatory in whatever form they may have been entered
expressly authorized by law. into provided all the essential requisites for their validity are present.
1348. IMPOSSIBLE things or services cannot be the object of contracts. WHEN CERTAIN FORM IS REQUIRED
However, when a law requires a contract to be in some form for it to be valid
1349. OBJECT MUST BE DETERMINATE and enforceable, requirement is absolute and indispensable.
Object of every contract must be determinate as to its kind. The fact that the
quantity is not determinate shall not be an obstacle to the existence of the 1357. COMPEL TO OBSERVE FORM
contract provided it is possible to determine the same, without the need of a If law requires a document or other special form, contracting parties may
new contract between the parties. compel each other to observe that form once the contract has been perfected.
This right may be exercised simultaneously with the action upon the contract.
1350. CAUSE OF CONTRACT
Onerous contracts – prestation or promise of a thing or service by the other 1358. MUST APPEAR IN PUBLIC DOCUMENT
1. Acts and contracts which have for their object the creation, transmission,
Remuneratory ones – service or benefit which is remunerated modification or extinguishment of real rights over immovable property; sales
of real property or of an interest therein are governed by Statute of Frauds
Contracts of pure beneficence – mere liberality of the benefactor (1403, par 2 and 1405)
1351. MOTIVE DIFFERENT FROM CAUSE 2. Cession, repudiation or renunciation of hereditary rights or those of the
Particular motives of the parties in entering into a contract are different from conjugal partnership of gains.
the cause
3. Power to administer property or any other power which has for its object
1352. WITHOUT CAUSE/ UNLAWFUL CAUSE an act appearing or which should appear in a public document or should
Contracts without a cause or with unlawful cause produce NO EFFECT prejudice a 3rd person.
whatever. Cause is unlawful if contrary to law, morals, good customs, public
order or public policy. 4. Cession of actions or rights proceeding from an act appearing in a public
document.
1353. FALSE CAUSE = VOID CONTRACT
Statement of false cause in contracts shall render them void if it should not be All other contracts where the amount involved exceeds P500.00 must appear
proved that they were founded upon another cause which is true and lawful. in writing, even a private one. But sales of goods, chattels or things in action
are governed by Statute of Frauds.
1354. PRESUMED TO EXIST & LAWFUL
REFORMATION OF INSTRUMENTS If 2 parties agree upon the mortgage or pledge of real or personal property
but the instrument states that the property is sold absolutely or with a right to
1359. TRUE INTENTION NOT EXPRESSED repurchase, reformation of instrument is proper.
Meeting of minds of parties in a contract
True intention is not expressed in the instrument to embody the 1366. NO REFORMATION
agreement, 1. Simple donations inter vivos where no condition is imposed.
By reason of mistake, fraud, inequitable conduct or accident 2. Wills
One of the parties may ask for the reformation of the instrument so 3. Real agreement is void
that the true intention may be expressed.
1367. ACTION TO ENFORCE INSTRUMENT
NO MEETING OF MINDS When one of the parties brought an action to enforce the instrument, he
If mistake, fraud, inequitable conduct or accident prevented the meeting of the cannot subsequently ask for its reformation.
minds of the parties, proper remedy is not reformation of instrument but
annulment of contract. 1368. EITHER PARTY or INJURED PARTY
Reformation may be ordered at the instance of either party or his successors
1360. Principles of general law on reformation of instruments adopted. in interest if the mistake was mutual; otherwise upon petition of injured party
or his heirs and assigns.
1361. DIDN’T DISCLOSE REAL AGREEMENT
When mutual mistake of the parties causes the failure of the instrument to 1369. PROCEDURE be governed by RoC to be promulgated by SC.
disclose real agreement, instrument may be reformed.
In obligations to render service, its value shall be the basis for damages. b. Special promise to answer for debt, default or miscarriage of
another
1399. INCAPACITATED not obliged to RETURN
When defect of the contract is the incapacity of one of the parties, the c. Agreement made in consideration of marriage, other than a mutual
incapacitated person is not obliged to make any restitution except insofar as promise to marry
he has been benefited by the thing or price received by him.
d. Agreement for sale of goods, chattels or things in action at a price of
1400. CAN’T RETURN DUE TO ONE’S OWN FAULT not less than 500.00 UNLESS buyer accept or receive part of such goods or
When the person obliged by decree of annulment to return the thing cannot chattels or evidence or pay at the time some part of the purchase money.
do so because it has been lost thru his fault, he shall return the fruits received
and value of the thing at the time of the loss with interest from same date. SUFFICIENT MEMORANDUM
Sale is made by auction and entry of amount and kind of property sold,
1401. OBJECT LOST THRU FRAUD/FAULT terms of sale, price, names of purchasers and buyers is made by auctioneer in
Action for annulment shall be extinguished when the object of contract is lost his sales book at time of sale.
thru fraud or fault of the person who has a right to institute annulment.
e. Agreement for leasing for a longer period than 1 yr. or sale of real
If right of action is based on incapacity of any one of the contracting parties, property or of an interest therein
loss of the thing shall not be an obstacle to the success of action unless loss
took place thru fraud or fault of plaintiff. f. Representation as to credit of a 3rd person
1402. RECIPROCITY IN RETURNING 3. Both parties are incapable of giving consent to contract.
As long as one of the parties doesn’t restore what he is bound to return, the
other cannot be compelled to comply with what is incumbent upon him. 1404. UNAUTHORIZED CONTRACTS governed by 1317 and principles of
agency (Title X).
UNENFORCEABLE CONTRACTS
1405. DEEMED RATIFIED
Contracts infringing Statute of Frauds (# 2 of 1403) are ratified by failure to When nullity is due to illegality of cause or object of contract and the act
object to presentation of oral evidence to prove the same or by acceptance of constitutes a criminal offense, both parties being in pari delicto, they shall
benefits. have NO ACTION AGAINST EACH OTHER and both shall be prosecuted.
1406. COMPEL each other to OBSERVE FORM Penal Code relative to disposal of effects of instruments of crime shall be
When contract is unenforceable under the Statute of Frauds and public applicable to the things or price of contract.
document is necessary for the registration in the Registry of Deeds, parties
may compel each other to observe that form (1357). ONLY ONE PARTY IS GUILTY
Applicable when only one of the parties is guilty but the innocent one may
1407. BOTH ARE INCAPACITATED claim what he has given and not be bound to comply with his promise.
Where both parties are unable to give consent, express of implied ratification
by parent, or guardian of one of the contracting parties shall give the contract 1412. UNLAWFUL ACT BUT NOT CRIMINAL
the effect as if only one of them were incapacitated (becomes voidable). If the unlawful or forbidden cause of the act doesn’t constitute a criminal
offense, ff. rules apply:
If ratification is made by parents or guardians of both parties, contract shall
be validated from inception. 1. Fault on both contracting parties: neither may recover what he has given or
demand performance of other’s undertaking.
1408. Unenforceable contracts CANNOT BE ASSAILED BY 3RD PERSONS.
2. Only one contracting party is at fault: he cannot recover what he has given
VOID/ INEXISTENT CONTRACTS or ask for fulfillment of what has been promised him.
1409. Contracts that are inexistent and void from the beginning: The other who is not at fault may demand the return of what he has given
1. Cause, object or purpose is contrary to law, morals, good customs, public without any obligation to comply with his promise.
order or public policy
1413. EXCESS INTEREST MAY BE RECOVERED
2. Absolutely simulated or fictitious Interest paid in excess of the interest allowed by usury laws may be recovered
3. Cause or object didn’t exist at the time of transaction (future things) by debtor, with interest thereon from date of payment.
4. Object is outside the commerce of men. 1414. REPUDIATE DUE TO ILLEGAL PURPOSE
5. Impossible service. When money is paid or property delivered for an illegal purpose, contract
6.Intention of the parties relative to the principal object of contract cannot be may be repudiated by one of the parties before purpose is accomplished or
ascertained. before damage is caused to 3rd person.
7. Expressly prohibited or declared void by law.
Courts may, if public interest will be served, allow the party repudiating the
These contracts cannot be ratified. Defense of illegality cannot be waived. contract to recover the money or property.