Civil Law Requisites Compilation

SAN BEDA COLLEGE ALABANG
CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE 2018 – 2019
CATRIONA JANELLE GAYATIN

CHAIRPERSON
JEREKKO CADORNA
VICE CHAIRPERSON FOR ACADEMICS
RODEL CADORNIGA, JR.

VICE CHAIRPERSON FOR ACADEMIC OPERATIONS
EMMANUEL JOSEL JOVELLANOS

VICE CHAIRPERSON FOR HOTEL OPERATIONS
CHRISTIAN BOY BENEDICT TIANGCO

EXECUTIVE OFFICER FOR HOTEL OPERATIONS
KATREENA FRANCES MONJE

VICE CHAIRPERSON FOR FINANCE
MARYLL ANN RAGPALA

VICE CHAIRPERSON FOR COMMUNICATIONS
GIULIA INGRID CALUB

VICE CHAIRPERSON FOR RECRUITMENT AND MEMBERSHIP
JOHN ELI ZURIEL BITONG

VICE CHAIRPERSON FOR ELECTRONIC DATA PROCESSING
THIS COMPILATION WAS ARRANGED WITH THE HELP OF THE :
CENTRALIZED BAR OPERATIONS DEPUTIES FOR ACADEMICS 2018 – 2019
MA. SAMANTHA EBUÑA
HAFSHA DARWIZA GURO
GABRIEL LUIS LACSON
THAT IN ALL THINGS, GOD MAY BE GLORIFIED!

4 CIVIL LAW REQUISITES
PERSONS AND FAMILY RELATIONS

GENERAL PROVISIONS
What is a newspaper of general circulation? (Art. 2 New Civil Code)
1. Published for the dissemination of local news and general information

2. Bona fide subscription list of paying subscribers
3. Published at regular intervals
Requisites of a valid waiver (Art. 6 NCC)
1. Full capacity to make the waiver

2. Waiver must be unequivocal
3. Right must exist at the time of the waiver
4. Not contrary to law, public policy, morals or good customs
5. Not prejudicial to a third person with right recognized by law
6. When formalities are required, the same must be complied with
Requisites to make a custom an obligatory rule (Arts. 11 and 12 NCC)
1. Plurality or repetition of acts

2. The community accepts it as a proper way of acting, such that it is considered
obligatory upon all
3. Practiced by a great mass of the social group
4. Continued practice for a long time
Elements of abuse of right (Art. 19 NCC)
1. Existence of a legal right or duty

2. Exercised in bad faith
3. For the sole intent of prejudicing or injuring another
Acts Contra Bonus Mores (Art 21 NCC)
1. There is a legal act

2. Contrary to morals, good customs, public order or public policy
3. Done with intent to injure
Principle of Unjust Enrichment/ Application of Action in Rem Verso (Art 22)
1. Enrichment is without just or legal ground
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2. Defendant has been enriched

3. Plaintiff has suffered no loss
4. No other action based on contract, quasi-contract, crime or quasi-delict
Prejudicial Question (Art. 36)
1. Previously instituted civil action involves an issue similar or intimately related to

the issue raised in the subsequent criminal action
2. The resolution of such issue determines whether or not the criminal action may
proceed.
Elements of Domicile (Art. 50)
1. Physical presence in a fixed place

2. Intention to remain permanently in said place
Acquisition of New Domicile (Art. 50)
1. Bodily presence in a new locality

2. Intention to remain therein
3. Intention to abandon the old domicile
MARRIAGE
Essential Requisites of Marriage (Art. 1 Family Code)
1. Legal capacity of the contracting parties, who must be a male and female; and
a. 18 years old or above
b. Not under any impediment mentioned in Arts. 37 and 38 of the Family Code
2. Consent freely given in the presence of a solemnizing officer
Formal requisites of Marriage (Art. 2 FC)
1. Authority of the solemnizing officer

2. Valid marriage license
3. Marriage ceremony where the contracting parties appear before the
solemnizing officer, with their personal declaration that they take each other as
husband and wife in the presence of not less than two witnesses of legal age.
Cohabitation; exception to the marriage license requirement (Art. 34)
1. The man and woman must have been living as husband and wife for at least
five (5) years before the marriage.
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2. The parties must have no legal impediment to marry each other

3. The fact of absence of legal impediment between the parties must be present
at the time of marriage
4. The parties must execute an affidavit before any person authorized by law to
administer oaths stating that they have lived together for at least five years
(and are without legal impediment to marry each other)
5. The solemnizing officer must execute a sworn statement that he had
ascertained the qualifications of the parties and that he had found no legal
impediment to their marriage.
Elements of Bigamy (Art. 349 Revised Penal Code)
1. The marriage has not been legally dissolved or in case his or her spouse is absent,
the absent spouse could not yet be presumed dead according to the Civil Code
2. The offender contracts a second or subsequent marriage
3. The second or subsequent marriage has all the essential requisites for validity
Psychological Incapacity (Art. 36 FC)
1. Judicial antecedence
2. Incurability
3. Gravity – must be grave such that the party would be incapable of carrying out
the ordinary duties of marriage
Molina doctrine on psychological incapacity/ Jurisprudential guidelines
1. Incapacity must be permanent or incurable

2. Root cause of the psychological incapacity must be
a. Medically or clinically identified
b. Alleged in the complaint
 Sufficiently proven by experts
 Clearly explained in the decision
3. Marital obligations refer to Art. 68 – 71 ,220, 221, and 225 of the FC
4. Plaintiff has burden of proof
5. Incapacity proven to be existing at the time of the celebration of marriage
6. Trial court must order the prosecuting attorney or fiscal and the Solicitor General
to appear for the state
7. Interpretations of the National Appellate Matrimonial Tribunal of the Catholic
Church of the Philippines while not controlling should be given great respect
8. Illness is grave enough to bring about disability to assume essential marital
obligations
Annulment due to Impotence (Art. 45)
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1. It exists at the time of the celebration of the marriage

2. It is unknown to the other spouse
3. It is permanent
4. It is incurable
5. The other spouse must not also be impotent
Annulment due to sexually transmissible disease (Art. 45)
1. Sexually transmissible disease

2. Existing at the time of marriage
3. It is serious
4. Appears incurable
Marriage Settlement (Arts. 74, 76, 77 FC)
1. Made before celebration of marriage

2. In writing
3. Signed by the parties
4. Will not prejudice third persons unless registered in the civil registry and proper
registries of property
5. Shall fix the terms and conditions of their property relations
6. Must not contain any provisions contrary to law, good morals, good customs,
public order and public policy or against the dignity of either spouse
7. For civilly interdicted and incapacitated parties, it is indispensible for the
guardian appointed by court to be made a party to the marriage settlement
Donations propter nuptias/ Donations by reason of marriage
1. In consideration of marriage
2. In favor of one or both of the future spouses
3. Made before celebration of marriage
Rules in case of donation by would-be spouses to each other
1. There must be a valid marriage settlement stipulating a property regime other

than absolute community of property
2. Donation in marriage settlement not more than one-fifth (1/5) of present
property
3. Accepted by would-be spouse
4. Complies with requisites in Title II of Book II of Civil Code on Donations
Status of Children Born Within Three Hundred (300) Days from the Termination of a First
Marriage and the Celebration of a Subsequent Marriage
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1. First Marriage was terminated

2. Mother contracted a subsequent marriage
3. Subsequent marriage was contracted within three hundred (300) days after
termination of previous marriage
4. Child was born within 300-day period
5. No evidence as to status of child
Legitimation
1. The child is illegitimate

2. The parents at the time of the child’s conception are not disqualified by any
impediment from marrying each other or were so disqualified only because
either or both of them were below eighteen (18) years of age
3. There is a valid marriage subsequent to the child’s birth
ADOPTION
Who may adopt? (Domestic Adoption Act of 1998)
Filipino Citizen
1. Of legal age
2. In a position to support and care for his/her children in keeping with the means of
the family
3. Good moral character
4. In possession of full civil capacity or legal rights
5. At least sixteen (16) years older than the adoptee
6. Has not been convicted of any crime involving moral turpitude
7. Emotionally and psychologically capable of caring for children
Alien
1. Same disqualifications as a Filipino

2. Country has diplomatic relations with the Philippines
3. Certified by said office that his government allows the adoptee to enter his
country as his adopted child
4. Has been living in the Philippines for at least three (3) continuous years prior to
the application for adoption and remains such residence until the adoption
decree is entered
5. Certified to have legal capacity to adopt by his/her diplomatic or consular
office
Guardian
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1. After termination of the guardianship, with respect to the ward

2. Clearance of his/her financial accountabilities
Presumption of Illegal Adoption
1. Consent for adoption was acquired through or attended by coercion, fraud,

improper material inducement
2. Procedures and safeguards provided by law for adoption were not complied
with
3. Has exposed or subjected the child to be adopted to danger, abuse or
exploitation
4. No authority to effect adoption from the Board
SUPPORT
Characteristics of Support (Art. 194)
1. Mandatory
2. Reciprocal on the part of those who are by law bound to support each other
3. Personal
4. Provisional character of support judgment
5. Personal
6. Intransmissible
7. Not subject to waiver or compensation
8. Exempt from attachment or execution
Support by a stranger; when reimbursable (Under Art. 206)
1. Stranger gives support to another person with the intention to be reimbursed

2. Person obliged to give support to the recipient does not have knowledge of the
stranger’s act
Support by a stranger; when reimbursable (Under Art. 207)
1. There is an urgent need to be supported on the part of the recipient

2. A third person furnishes the support to the needy individual
3. The person obliged to support unjustly refuses or fails to give support
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PROPERTY
Requisites of Property
1. Utility – capacity to satisfy some human wants.

2. Substantivity or individuality – quality of having existence apart from any other
thing
3. Appropriability – susceptibility of being possessed by men
Validity of authority to detach at any time after the grantor’s death any organ, part or
parts of his body and to utilize the same for medical, surgical or scientific purposes
1. It must be in writing
2. It must specify the person or institution granted the authorization, the organ, part
or parts to be detached, the use or uses of the organ, part or parts to be
employed
3. It must be signed by the grantor and two disinterested witnesses
When real property may be the object of a chattel mortgage
1. The parties to the contract so agrees

2. No innocent third parties will be prejudiced
Statues, reliefs, paintings, or other objects for use or ornamentation as real properties
1. It is an object of ornamentation or object of use

2. The property is placed on a building or land
3. Placed by the owner of the immovable
4. There is an intention of permanent annexation or attachment, even if adherence
will not involve breakage or injury
Machinery, receptacles, instruments, or implements for an industry or works as real

properties
1. Placed by the owner of the tenement or his agent

2. The industry or works must be carried on in a building or on a piece of land
3. The machinery etc. must tend directly to meet the needs of the industry or works
4. Machineries must be an essential and principal element of an industry or works,
without which such industry or works would be unable to function or carry on the
industrial purpose for which it was established, and not merely incidental
Animal houses, pigeon houses, beehives, fish ponds or breeding places of similar nature
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1. Placed by the owner, or by a tenant as agent of the owner, with the intention of
permanent attachment
2. Forms a permanent part of the immovable
OWNERSHIP
Attributes of ownership
1. Jus possidendi – right to possess

2. Jus utendi – right to use
3. Jus fruendi – right to enjoy the fruits
4. Jus accessiones – right to accessories
5. Jus abutendi – right to abuse
6. Jus disponendi – right to destroy, alienate, transform, encumber, and right not to
dispose
7. Jus vindicandi
Requisites in an action to recover (Art. 434 NCC)
1. Proof of identity of property

2. Proof of title
Principle of self- help (Art. 429)
1. Reasonable force
2. Owner or lawful possessor is the person who will exercise
3. Actual or threatened physical invasion or usurpation
4. No delay in one’s exercise (at the time of an actual or threatened dispossession,
or immediately after the dispossession. Once a delay has taken place, even if
excusable, the owner or lawful possessor must resort to judicial process for the
recovery of the property)
Doctrine of incomplete privilege or State of necessity; Basis of reimbursement (Art. 432)
1. Interference necessary to avert an imminent and threatened danger to the

actor or a third person
2. Damage to another is much greater than damage to property
When a property is considered a Hidden treasure
1. Hidden and unknown deposit

2. Consists of money, jewelry or other precious objects
3. Their lawful owner does not appear
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Alluvion or Accretion (Art. 457 – 458)
1. The deposit or accumulation of soil or sediment must be gradual and

imperceptible
2. Accretion must result from the effects or action of the current of the water
3. That the land where accretion takes place is adjacent to the bank of the river
4. The river must continue to exist
5. The increase must be comparatively little
Avulsion (Art. 459)
1. The segregation and transfer must be caused by the current of a river, creek, or
torrent
2. The segregation and transfer must be sudden or abrupt
3. The portion of land transported must be known or identified
Change of Course of Rivers (Art. 461 – 462)
1. A natural change in the course of the waters of the river, otherwise the bed may
be the subject of a State grant
2. Change must be abrupt or suddent
3. Abandonment by the owner of the bed
4. Change must be permanent
5. River continues to exist
Adjunction/Conjunction (Art. 466-471)
1. Two movables belonging to different owners

2. United in such a way that they form a single object
3. So inseparable that their separation would impair their nature or result in
substantial injury to either component
Mixture (Art. 472 – 473)
1. Two or more things belonging to different owners

2. Mixed or combined with the respective identities of the component parts
destroyed or lost
Specification (Art. 474)
1. Transformation of a material
2. Done with application of labor
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QUIETING OF TITLE
Cloud on title
1. There is an instrument, record, claim, encumbrance or proceeding

2. The instrument, record, claim, encumbrance, or proceeding is apparently valid
or effective
3. Such instrument, etc. is in truth and in fact invalid, ineffective, voidable, or
unenforceable, despite its prima facie appearance of validity, or has been
extinguished or terminated, or has been barred by extinctive prescription
4. Such instrument, etc, may be prejudicial to said title
Action to Quiet Title
1. Plaintiff must have a legal or equitable title to, or interest in the real property,
which is the subject matter of the action, but he need not be in possession of the
property
2. There must be a cloud in such title
3. The cloud is due to some instrument, etc. which is apparently valid but is in truth
and in fact invalid, ineffective, voidable or unenforceable and is prejudicial to
plaintiff’s title
4. Plaintiff must return to the defendant all benefits he may have received from the
latter or reimburse him for expenses that may have redounded to his benefit.
Action to Prevent Cloud
1. Plaintiff has a title to a real property or interest therein

2. Defendant is bent on creating a cloud on the title or interest therein. The danger
must not be merely speculative or imaginary but imminent
3. Unless the defendant is restrained or stopped, the title or interest of the plaintiff
will be prejudiced or adversely affected
CO-OWNERSHIP
Co-ownership (Art. 484)
1. Plurality of owners
2. The object of ownership must be a thing or right which is undivided
3. Each co-owner’s right must be limited only to his ideal share of the physical
whole
When prescription runs from the time of repudiation of co-ownership
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1. The co-owner has performed unequivocal acts of repudiation amounting to an

ouster of the other co-owners
2. Such positive acts of repudiation have been made known to the other co-
owners
3. The evidence thereof is clear and convincing
4. His possession is open, continuous, exclusive and notorious.
POSSESSION
Possession
1. Occupancy, apprehension, or taking of a thing or right (possession in fact)

2. Deliberate intention to possess (animus possidendi)
3. By virtue of one’s own right – in his own name or in that of another
Possession in good faith (Art. 526)
1. Ostensible title or mode of acquisition

2. Vice or defect in the title
3. Possessor is ignorant of the vice or defect and must have an honest belief that
the thing belongs to him
Theory of Irrevindicability (Art. 559)
1. Possession in good faith

2. The owner has voluntarily parted with the possession of the thing
3. Possessor is in the concept of owner
USUFRUCT
Requisites
1. Essential- the real temporary right to enjoy another’s property

2. Natural – the obligation to preserve its form or substance
Setting-off improvements made by the usufructuary on the property against any

damage to the same (Art. 580)
1. Damage must have been caused by the usufructuary

2. Improvements must have augmented the value of the property
EASEMENT OR SERVITUDE
Characteristics
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1. Real right but will affect third persons only when duly registered
2. Enjoyed over another immovable, never on one’s own property
3. Involves two neighboring estates- the dominant and servient estate
4. Inseparable from the estate to which it is attached, and therefore cannot be
alienated independently of the estate
5. Indivisible for it is not affected by the division of the estate between two or more
persons. The mere fact that the property was subdivided does not extinguish the
easement
6. It is a right limited by the needs of the dominant owner or estate, without
possession
7. It cannot consist in the doing of an act unless the act is accessory in relation to a
real easement
8. A limitation on the servient owner’s rights of ownership for the benefit of the
dominant owner; and therefore, it is not presumed
When a person may establish the easement of abutment of a dam
1. Purpose is to divert or take water from a river or brook, or to use any other
continuous or discontinuous stream
2. Necessary to build a dam
3. The person to construct it is not the owner of the banks or lots which must support
it
4. Payment of the proper indemnity is made
Easement for Drawing water and watering animals
1. Imposed for reasons of public use

2. In favor of a town or village
3. Sought not by one individual, but by the town or village, thru its legal
representation
4. Indemnity must be paid
5. Right of way should have a maximum width of 10 meters
Easement of Aqueduct
1. Dominant owner must prove that he has the capacity to dispose of the water
2. He must prove that the water is sufficient for the intended use
3. The course is most convenient, and least onerous to the third person
4. Indemnity must be paid
Easement for the construction of a stop lock or sluice gate
1. Purpose must be for irrigation or improvement
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2. Construction must be on the estate of another

3. Damages must be paid
4. Third persons should not be prejudiced
Easement of Right of Way
1. Claimant must be the owner of the enclosed immovable or one with real right
2. The dominant estate is surrounded by other immovables and there must be no
adequate outlet to a public highway
3. Right of way must be absolutely necessary
4. Isolation must not be due to claimant’s own act
5. Easement must be established at the point least prejudicial to the servient estate;
and insofar as consistent with this rule, where the distance from the dominant
estate to the public highway may be the shortest
6. Payment of proper indemnity
Rules when right of way is permanent
1. Dominant estate should pay for the necessary repairs

2. Should pay the proportionate share of the taxes paid by the servient estate
Drainage of buildings
1. There must be no adequate outlet to the rain water because the yard or court of
a house is surrounded by other houses
2. The outlet to the water must be at the point where egress is easiest and
establishing a conduit for drainage
3. There must be payment of proper indemnity
4. Least possible damage caused
NUISANCE
Extrajudicial abatement
1. Nuisance must be specially injurious to the person affected

2. No breach of peace or unnecessary injury must be committed
3. Prior demand
4. Prior demand has been rejected
5. Approval by the district health officer and assistance of local police
6. Value of destruction does not exceed P3000.
MODES OF ACQUIRING OWNERSHIP
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Tradition/ Delivery
1. Right transmitted should have previously existed in the patrimony of the grantor
2. Transmission should be by just title
3. Grantor and grantee should have intention and capacity to transmit and
acquire
4. Transmission should be manifested by some act which should be physical,
symbolical, or legal
OCCUPATION
Requisites
1. The thing seized must be corporeal, personal property

2. Thing must be susceptible of appropriation by nature
3. Requisites laid down by law must be complied with
4. There must be an intention to appropriate
5. There must be seizure of a thing
6. The thing must be without an owner
Donation
1. Donor must have capacity to make the donation at the time of the perfection of
the contract
2. He must have donative intent
3. There must be delivery
4. Donee must accept or consent to the donation
Essential elements of a true donation
1. Alienation of property by the donor during his lifetime, which is accepted

2. Irrevocability (except for legal causes)
3. Animus donandi
4. Resultant decrease in the assets or patrimony of the donor
Donations of movable property
1. Value exceeds P5000 – donation and acceptance must be in writing

2. Does not exceed P5000 – need not be in writing
Donation of immovable property
1. In a public instrument specifying the property donated and the burdens

assumed by the done, regardless of value
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2. Acceptance, which may either be in the same instrument or another public

instrument, notified to the donor in authentic form, and noted in both deeds
PRESCRIPTION
Requisites
1. Capacity to acquire by prescription

2. Thing capable of acquisition by prescription
3. Possession of thing under certain conditions
4. Lapse of time provided by law
Renunciation of Prescription already acquired (Art. 1112)
1. The person renouncing must have capacity to alienate property

2. Renunciation must refer to prescription already obtained
3. Must be made by the owner of the right, hence administrator, executor, agent,
etc. cannot renounce unless given SPA
4. Must not prejudice the rights of creditors
5. Person renouncing must have knowledge of the existence of the right
Recognition by the possessor (Art. 1125)
1. Recognition must be made by the possessor himself, or if made by a third person,

the recognition must be authorized or ratified by the possessor
2. Recognition must be valid and efficacious in law
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WILLS AND SUCCESSION

Elements
1. Subjective elements
2. Causal Element: Death
3. Objective Element: Inheritance
Subjective elements of succession
1. Decedent
2. Successors
a. Heirs
i. Compulsory
ii. Voluntary
iii. Legal/intestate
b. Devisees
c. Legatees
Succession
1. Death of the decedent (actual or presumed)

2. Transmissible or descendible rights or properties
3. Transferee is alive (no predecease), willing (no repudiation), and capacitated to
inherit
FORMALITY OF WILLS
Notarial Will; Formalities (Art. 805)
1. Subscription – the manual act by the testator and his instrumental witnesses of
affixing their signature to the instrument
2. Attestation and subscription – act of three or more credible witnesses of
witnessing the execution of the will in the presence of the testator and of one
another.
3. Marginal Signatures by the testator or the person requested by him to write his
name and the instrumental witnesses
4. Page numberings
5. Attestation clause
6. Notarial Acknowledgement
Doctrine of Liberal Interpretation (Art. 809)
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1. Defects and imperfections must be in the form of the attestation or in the

language used therein;
2. There must be no bad faith, forgery, fraud or undue and improper pressure and
influence in the execution of the attestation clause
3. It must be proved that the will was in fact executed and attested in substantial
compliance with all the requirements of Art. 805.
Witness to Notarial Wills (Art. 820)
1. Of sound mind
2. Age of 18 years or more
3. Not blind, deaf or dumb
4. Able to read and write
5. Domiciled in the Philippines
6. Has not been convicted of falsification of a document, perjury, or false testimony
Holographic Will; Formalities (Art. 810)
1. Entirely written by the hand of the testator

2. Entirely dated by the hand of the testator
3. Entirely signed by the hand of the testator
4. Executed in a language or dialect known to the testator
CODICIL AND INCORPORATION BY REFERENCE

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

Revocation by destruction of will (Art. 830)
1. Completion of the subjective phase

2. Actual physical act of destruction
3. Testamentary capacity at the time of performing the act of destruction
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4. Performed by the testator himself or by some other person in his presence, and
by his express direction
5. Intent to revoke (animus revocandi)
When will may still be established when destruction was done by some other person
without the express direction of the testator
1. Contents
2. Due execution
3. Fact of unauthorized destruction
Must be established
INSTITUTION OF HEIRS
Requisites for a valid institution (Art. 840)
1. The will must be extrinsically valid

a. Testator must be capacitated
b. Formalities must be observed
c. No vitiated consent
d. Will must have been duly probated
e. The will must have been the personal act of the testator
2. The institution must be intrinsically valid
a. The legitime must not be impaired
b. The heir must be certain or ascertainable
c. No preterition
3. The institution must be effective
a. No predeceased heir
b. No repudiation by the heir
c. No incapacity of the heir
Annulment of institution of heirs (Art. 850)
1. Cause of institution of heirs must be stated in the will;

2. Cause must be shown to be false
3. It must appear from the face of the will that the testator would not have made
the institution had he known the falsity of the cause
Preterition (Art. 854)
1. Heir omitted must be a compulsory heir in the direct line
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2. The omission must be complete and total in character, meaning that the
omitted heir does not and has not received anything at all from the testator by
any title whatsoever
3. The compulsory heir omitted must survive the testator
SUBSTITUTION OF HEIRS
Fideicommisary Substitution (Art. 863 – 865)
1. First heir (fiduciary) primarily called to the enjoyment of the estate

2. Second heir (fideicommisary) to whom the property is transmitted by the first heir
3. An obligation clearly imposed by the testator (fideicomitente) upon such first heir
to preserve the estate and to transmit it to the second heir
Second heir (Fideicommisary)
1. Must not go beyond one degree from the heir originally instituted
2. Must be living at the time of the death of the testator
LEGITIME
Reserva Troncal; Resolutory Conditions (Art. 891)
1. Death of the ascendant obliged to reserve

2. Survival at the moment of relatives within the third degree belonging to the line
from which the property came
Reserval Troncal
1. The property should have been previously acquired by gratuitous title by the
descendant from another ascendant or from a brother or sister
2. The property should have been acquired by operation of law by an ascendant
from his descendant upon the death of the latter
3. The descendant should have died without any legitimate issue in the direct
descending line who could inherit from him
4. There are relatives of the descendant propositus who are within the third(3rd)
degree and who belongs to the line from which the property came
Personal Elements of reserval troncal
1. Originator – the ascendant, brother, or sister from whom the propositus had
acquired the property by gratuitous title
2. Propositus – the descendant who died and from whose death the reservista in
turn had acquired the property by operation of law
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3. Reservista – the other ascendant who is obliged to reserve the property for the
benefit of the relatives of the propositus who are within the third(3rd) degree and
who belong to the line from which said property came
DISINHERITANCE
Requisites
1. For a cause expressly stated by law

2. Effected only through a valid will
3. Cause must be certain and true
4. Unconditional
5. Total or complete
6. Cause must be stated in the will itself
7. The will must not have been revoked
8. For an existing cause
9. The heir disinherited must be designated in such a manner that there can be no
doubt as to his identity
Disinheritance due to an attempt against the life of the testator, his/her descendants or
ascendants, and spouse in case of children and parents
1. The disinherited heir must have committed either attempted or frustrated

parricide
2. He must have been convicted for said criminal offense
On the ground that the heir accused the testator of a crime
1. Heir accused the testator of a crime, either in the capacity of a complainant or

witness
2. Penalty for the crime is imprisonment for 6 years or more
3. There must be a judicial declaration that the accusation has been found
groundless, depicted by a pronouncement that the crime was not committed,
and not merely because guilt was not proven beyond reasonable doubt
Reconciliation (Art. 922)
1. Pardon
2. Acceptance of pardon
LEGACIES AND DEVISES
23
Legacy/Devise of things belonging partly to another and the testator declares that he
bequeaths or devises the thing in its entirety (Art. 929)
1. An express declaration to that effect appearing in the will itself

2. Knowledge on the part of the testator that the thing belongs partly to a third
person (can be proven from the context of the will or from extrinsic evidence)
LEGAL OR INTESTATE SUCCESSION

Requisites
1. Provisions of law conferring legal or intestate succession

2. The absence of the will of man as expressed in a testament
Escheat
1. Decedent died instestate

2. He dies seized of real and/or personal property located in the Philippines
3. He leaves no heir or person entitled to such real and personal property
PROVISIONS COMMON TO INTESTATE AND TESTAMENTARY

SUCCESSION
Right of Accretion (Art.1015)
1. Two(2) or more persons must have been called to the same inheritance, legacy
or devise, or to the same portion thereof, pro indiviso, and
2. There must be a vacancy in the inheritance, legacy or devise (cause by
predecease, incapacity, repudiation, non-fulfillment of suspensive condition or
void or ineffective dispositions
Requisites of Art. 1016, No. 1 (Pro Indiviso)
1. Unity in the object, that is, a single thing whether it be an inheritance, a portion
of an inheritance, or a specific thing
2. Plurality in the subject matter, that is, several persons, heirs or legatees called to
that single thing
3. Absence of any designation as to the share of each in the thing
Capacity to Succeed by Will or Intestacy
1. The heir, legatee/devisee must be living or in existence at the moment the

succession opens
2. He must not be incapacitated or disqualified by law to succeed
24
Incapacity of the priest who heard the confession of testator during his last illness, or the
minister of the gospel who extended spiritual aid to him during the same period (Art.
1027)
1. The will must have been executed during the last illness and after the confession
because if it were before, the reason for the incapacity does not exist
2. That the testator die of the illness wherein the confession was made even though
there should exist an interval between the confession and the death or that the
death proceed from an accident which may or may not proceed from said
illness
3. That the disposition in the will should be in favor of said priest or minister, his
relative, or church.
Incapacity of the guardian (Art. 1027)
1. The will was executed by the ward favor of the guardian

2. It was executed before the final accounts of the guardianship have been
approved, even if the testator should die after approval thereof.
Repudiation (Art. 1043)
1. Certainty of the death of the decedent

2. Certainty of the right to the inheritance
Extrajudicial Settlement ( Rule 74, Sec. 1 Rules of Court)
1. Decedent died intestate

2. Estate has no outstanding debts at the time of the settlement
3. Decedent’s heirs are all of age or the minors are represented by their judicial or
legal representatives
4. The settlement was made by means of a public instrument or affidavit filed with
the Register of Deeds
5. The fact of such judicial settlement must be published in a newspaper of general
circulation in the province once a week for three (3) consecutive weeks
Judicial summary settlement (Rule 74, Sec. 2 ROC)
1. Court intervention by summary proceeding

2. Gross value of the estate does not exceed P10, 000
3. Available even if there are debts
Legal redemption
1. Several co-heirs
25
2. One of them sells his right to a stranger

3. Sale is made before the partition
4. Right of redemption must be exercised by only one or more of the co-heirs
5. It must be exercised within 1 month from the time they were notified in writing by
the co-heir vendor
6. The vendee is reimbursed for the price of the sale
26
OBLIGATIONS AND CONTRACTS

Obligations
Elements of an obligation
1. Passive subject – the obligor/debtor

2. Active subject – the obligee/creditor
3. Juridical tie
4. Prestation/object
Prestation
1. Physically and juridically possible

2. Determinate or at least determinable according to pre-established elements or
criteria
3. Within the commerce of man
4. Licit
5. Possible equivalent in money
Negotiorum gestio (Art. 2144)
1. No meeting of the minds

2. Taking charge of another’s business or property
3. Property or business must have been abandoned or neglected
4. The officious manager must not have been expressly or implicitly authorized
5. The officious manager must have voluntarily taken charge (no vitiated consent
or error in thinking that he owned the property or business)
Solutio indebiti (Art. 2154)
1. Receipt of something
2. No right to demand it because the giver had no obligation
3. Undue delivery was because of mistake
Quasi-delict (Art. 2176)
1. Act or omission by the defendant

2. Fault or negligence of the defendant
3. Damage or injury caused to the plaintiff
4. Direct relation or connection of cause and effect between the act or omission
and the damage
27
5. No pre-existing contractual relation between the parties
Negligence
1. Fault or negligence of the defendant

2. Damage suffered or incurred by the plaintiff
3. Relation of cause and effect between the fault or negligence of the defendant
and the damage incurred by the plaintiff
Res ipsa loquitor
1. Occurrence of an injury
2. The thing which caused the injury was under the control and management of
the defendant
3. The occurrence was such that in the ordinary course of things, would not have
happened if those who had control or management used proper care
4. The absence of explanation by the defendant
When to consider the obligor in default
1. Obligation is demandable and already liquidated

2. Obligor/debtor delays performance
3. Creditor required performance judicially or extrajudicially
Mora solvendi – delay on the part of the debtor
1. Prestation is demandable and already liquidated

2. Debtor is in delay of the performance due to causes imputable to him and not
by acts such as fortuitous events
3. The creditor requires or demands the performance judicially or extra-judicially
Mora accipiendi – delay in the performance based on the omission by the creditor,
especially acceptance on his part.
1. Offer of performance by the debtor who has the required capacity

2. Offer must be to comply with the prestation as it should be performed
3. Creditor refuses the performance without just cause
Accion subrogatoria
1. Debtor to whom the right of action properly pertains must be indebted to the
creditor
2. Creditor must be prejudiced by the inaction or failure of the debtor to proceed
against the third person
28
3. Creditor must have first pursued or exhausted all the properties of the debtor
which are not exempted from execution
Accion pauliana (Art. 1177)
1. Creditor has a credit prior to the alienation by the debtor, although demandable
later
2. Debtor has made a subsequent contract, giving advantage to a third person
3. Creditor has no other remedy but to rescind the debtor’s contract to the third
person
4. Third person who received the property is an accomplice in the fraud
5. Act being impugned is fraudulent
Fortuitous event
1. Must be independent of human will

2. It must be either unforeseeable or inevitable
3. Must be of such character as to render it impossible for the obligor to fulfill his
obligation in a normal manner
4. Obligor must be free from any participation in the aggravation of the injury
resulting to the oblige
DIFFERENT KINDS OF OBLIGATIONS

Doctrine of Constructive Fulfillment of Suspensive Condition (Art. 1186)
1. Condition is suspensive
2. Debtor actually prevents the fulfillment of the condition
3. He acts voluntarily
Resolution (Art. 1191)
1. One of the parties failed to comply with what is incumbent upon him
2. The injured party chose resolution over fulfillment or performance is no longer
possible
3. The breach is substantial so as to defeat the object of the parties in making the
agreement
Term/Period
1. Future
2. Certain
3. Possible, legally and physically
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EXTINGUISHMENT OF OBLIGATIONS
Extraordinary inflation or deflation (Art. 1250)
1. There must be a decrease or increase in the purchasing power of the currency

which is unusual or beyond the common fluctuation in the value of the currency
2. Such decrease or increase could not have been reasonably foreseen or which
was manifestly beyond the contemplation of the parties at the time the
obligation was established
Application of payment (Art. 1252)
1. There must be only one (1) debtor and only one (1) creditor
2. There must be two (2) or more debts of the same kind
3. All the debts must be due
4. Amount paid by the debtor is insufficient to cover the total amount of all the
debts
Dacion en pago
1. Existence of a money obligation

2. Alienation to the creditor of a property by the debtor with the consent of the
former
3. Satisfaction of the money obligation of the debtor
Payment by cession (Art 1255)
1. Plurality of debts
2. Partial or relative insolvency of the debtor
3. Acceptance of the cession by the creditors
Consignation (Art. 1256 – 1258)
1. Existence of a valid debt which is due

2. Tender of payment by the debtor
3. Creditor’s refusal to accept payment is without just cause or any of the causes
provided in Art. 1256 par. 2 exists
a. Tender must precede consignation
b. It must have been uncondititonal
c. Refusal must be without just cause
4. Previous notice of consignation to the person interested in the fulfillment of the
obligation
5. Amount or thing due place at the disposal of the court (consignation)
30
6. Subsequent notice of consignation to enable the creditor to withdraw the goods

or money deposited
Loss of thing due (Art. 1262)
1. The thing which is lost must be determinate

2. The thing is lost without any fault of the debtor
3. The thing is lost before the debtor has incurred in delay
Condonation or remission (Art. 748 – 749)
1. Gratuitous
2. Accepted by the obligaor
3. Obligation must be demandable
4. Parties must have the capacity
5. Not inofficious
6. Must comply with the forms of donation should it be express
Confusion or merger (Art. 1275)
1. Merger of the characters of the creditor and debtor must be in the same person
2. Must take place in the person of either the principal creditor or the principal
debtor
3. Whether the merger refers to the entire obligation or a part thereof, there must
be a complete and definite meeting of all qualities of creditor and debtor in the
obligation or in the part thereof affected by the merger
Compensation (Art. 1279)
1. There must be two parties, who, in their own right, are principal creditors and
principal debtors of each other except in case of a guarantor
2. Both debts must consist in sum of money, or if the things due are fungibles, they
must be of the same kind and quality
Novation (Art. 1291)
1. Previous valid and existing obligation

2. Capacity of the contracting parties
3. Animus novandi or intent to novate
4. Substantial difference between the old obligation and the new obligation
5. Validity of the new obligation
Expromision
1. Initiative for substitution must emanate from the new debtor
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2. Consent of the creditor to the substitution

3. Old debtor must be released from the obligation
Delagacion
1. Initiative for substitution must emanate from the old debtor

2. Consent of the new debtor
3. Acceptance by the creditor
4. Old debtor must be released from his obligation
Compromise (Art. 2028)
1. Uncertainty of juridical relation

2. An agreement to eliminate the uncertainty through reciprocal concessions
CONTRACTS
Elements of contracts
1. Essential – those without which there can be no contract

2. Natural – those which are derived from the nature of the contract and ordinarily
accompany the same
3. Accidental – those which exists only when the parties expressly provide
Essential requisites of a contract
1. Consent of the contracting parties

2. Object certain or subject matter
3. Cause or consideration
Stipulation pour autrui
1. There must be a stipulation in favor of a third person

2. The stipulation must be a part, not the whole, of the contract
3. The contracting parties must have clearly and deliberately conferred a favor
upon a third person, not a mere incidental benefit or interest
4. The favorable stipulation should not be conditioned or compensated by any
kind of obligation whatever
5. The third person must have communicated his acceptance to the obligor before
its revocation
6. Neither of the contracting parties bears the legal representation or authorization
of the party
32
When a third person inducing a contracting party to violate his contract can be held
liable for damages (Art. 1314)
1. The existence of a valid contract

2. Knowledge on the part of the third person of the existence of the contract
3. Interference by third person without legal justification or excuse
ESSENTIAL REQUISITES OF A CONTRACT

Consent
1. Must be manifested by the concurrence of offer and acceptance

2. Legal capacity of the parties
3. Must be intelligent, free, spontaneous, and real
Offer
1. Definite
2. Intentional
3. Complete
4. Directed to the person or persons with whom the offeror intends to enter into a
contract
Acceptance
1. Absolute
2. Directed to the offeror
3. Made with the intention to be bound
4. Made within the proper time
5. Communicated to the offeror and learned by him unless the offeror knows of the
acceptance
Silence to be construed as consent (Art. 1670, 1870 – 1873)
1. There is a duty or possibility to express oneself

2. The manifestation of the will cannot be interpreted in any other way
3. There is a clear identity in the effect of the silence and the undisclosed will
Option contract
1. It is supported by an independent consideration

2. It is exclusive
Mistake (Art. 1331)
33
1. There error must be substantial regarding:

a. The object of the contract, which may be:
i. Mistake in the identity of the thing
ii. Mistake as to the substance of the thing
iii. Mistake as to the conditions of the thing
iv. Mistake as to the quantity of the thing
b. The conditions which primarily moved or induced one of the parties
c. Identity or qualifications (error in persona), but only if such was the principal
cause of the contract
2. The error must be excusable
3. The error must be a mistake of fact, and not of law
Requisites of Art. 1334 which will vitiate consent
1. Mistake must be of a past or present fact

2. Must be with respect to the legal effect of an agreement
3. Must be mutual
4. Parties’ real purpose must have been frustrated
Violence (Art. 1335)
1. Serious or irresistible
2. The determining cause for the party to whom it is employed in entering the
contract
3. Not justified
4. Sufficient
Intimidation (Art. 1335)
1. One party is compelled to give his consent by a reasonable and well-grounded

fear of an evil
2. The evil must be imminent and grave
3. The evil must be upon his person or property, spouse, descendants, or
ascendants
4. It is the reason why he enters the contract
5. The evil must be unjust
Undue influence (Art. 1337)
1. Improper advantage
2. Power over the will of another
3. Deprivation of the latter’s will of a reasonable freedom of choice
Fraud (Art. 1338)

34
1. One party must have employed fraud or insidious words or machinations

2. It must be serious
3. Induced the party to enter into a contract
4. Employed by one contracting party upon the other
5. Not employed by both contracting parties, nor by third persons
6. Damage or injury resulted to the other party
7. Must be in bad faith/knowledge of the falsity
Simulation of contracts (Art. 1345 – 1346)
1. Deliberate declaration contrary to the will of the parties

2. Agreement of the parties to the apparently valid act
3. Purpose is to deceive or to hide from third persons although it is not necessary
that the purpose be illicit or for purposes of fraud
Object of the contract
1. Within commerce of man

2. Real or possible
3. Licit
4. Determinate or at least possible of determination
Cause or consideration
1. Existing at the time of celebration of the contract

2. Licit or lawful
3. True
Reformation of instruments
1. Meeting of the minds of the parties

2. Their true intention is not expressed in the instrument
3. Failure to express true intention is due to mistake, fraud, inequitable conduct or
accident
4. The facts upon which relief by way of reformation of the instrument is sough are
put in issue by the pleadings
5. Clear and convincing proof of mistake, accident, relative simulation, fraud, or
inequitable conduct
Mutual mistake of the parties as ground for reformation (Art. 1361)
1. Mistake must be mutual

2. Mistake must be a fact
3. Mistake must cause the failure of the instrument to express their true intention
35
4. There must be clear and convincing proof of the mutual mistake
DEFECTIVE CONTRACTS
RESCISSIBLE CONTRACTS (Art. 1381 – 1382)

Requisites of rescission
1. Contract must be rescissible under Art. 1381 and 1382

2. Party asking for rescission must have no other legal means to obtain reparation
for the damages suffered by him
3. Person demanding rescission must be able to return whatever he may be
obliged to restore is rescission is granted
4. Things which are the object of the contract must not have passed legally to the
possession of a third person acting in good faith
5. Action must be brought within four (4) years
Requisites before a contract entered into in behalf of wards or absentees may be

rescinded on the ground of lesion
1. Contract was entered into by a guardian in behalf of his ward or by a legal

representative in behalf of an absentee
2. It was entered without judicial approval
3. Ward or absentee suffered lesion of more than one-fourth (1/4) of the value of
the property which is the object of the contract
4. There is no other legal means of obtaining reparation for the lesion
5. Person bringing the action must be able to return whatever he may be obliged
to restore
6. Object of the contract must not be legally in the possession of a third person who
did not act in bad faith
Requisites before payment made by insolvent can be rescinded
1. It was made in a state of insolvency

2. Obligation must have been one which the debtor could not be compelled to
pay at the time such payment was effected
VOIDABLE CONTRACTS
Ratification (Art. 1393)
1. Contract is tainted with a vice susceptible of being cured

2. Confirmation is effected by the person who is entitled to do so under the law
36
3. It is effected with knowledge of the vice or defect of the contract

4. Cause of the nullity or defect have already disappeared
NATURAL OBLIGATIONS
Necessary conditions for natural obligations
1. Juridical tie between two persons

2. That tie is not given effect by law
Laches
1. Conduct on the part of the defendant, or one under whom he claims, giving rise
to the situation of which complaint is made and for which the complaint seeks a
remedy
2. Delay in asserting the complainant’s rights, the complainant having had
knowledge or notice of the defendant’s conduct and having been afforded an
opportunity to institute a suit
3. Lack of knowledge or notice on the part of the defendant that the complaint
would assert the right on which he bases his suit
4. Injury or prejudice to the defendant in the event relief is accorded to the
complainant, or the suit is not held to be barred
37
SALES AND LEASE

Elements of Sale
3 elements of a valid contract of sale

namely:
1. Consent
2. Subject matter
3. Price
CONSENT (Art 1475, CC)
Requisites—
1. Capacity
2. Offer and acceptance
3. No vitiation
SUBJECT MATTER
Requisites—
1. Licit
2. Existing, future or contingent
3. Determinate or determinable
PRICE
Requisites (Ce-MoRe)—
1. Certain or ascertainable at the time of
1. perfection
2. In Money or its equivalent
3. Real
Stages of Sale
A. Negotiation/Preparation
B. Perfection
C. Consummation
General Rule
Prior tempore, potior jure (“he who is first in time
is preferred in right”) applies.
Requisites (Cheng v Genato, 1998)

1. 2 or more valid sales;
2. Same subject matter;
3. 2 or more buyers with conflicting interests at
38
a. odds over the rightful ownership of the thing

b. sold;
c. Same seller
Generally, extinguished by the same causes as

all other obligations (Arts.1600 &1231) (PPLAN-
C3-R3)
1. Payment/performance
2. Prescription
3. Loss of thing due
4. Annulment
a. Novation
5. Condonation/remission
6. Confusion/merger
7. Compensation
8. Rescission
9. Resolutory condition fulfilled
10. Redemption (Conventional or Legal)
39
PARTNERSHIP AND AGENCY

PARTNERSHIP
Essential Elements
Essential Elements [CORS] (Rallos v Felix Go
Chan, 1978)
1. Consent, express or implied, of the parties to establish the relationship
2. Object is the execution of a juridical act in relation to a third person
3. Agent acts as a Representative and not for himself
4. Agent acts within the Scope of his authority
Characteristics of Partnership [CNPPBF]

1. Consensual: perfected by mere consent
2. Nominate: has its own name
3. Preparatory: purpose is the execution of a juridical act in relation to a third
person
4. Principal: can stand by itself without need of another contract
5. Bilateral: gives rise to reciprocal rights and obligations
6. Fiduciary: since it is based on trust and Confidence
7.
Extension of Life of Partnership
1. By express renewal of the agreement
2. By implied renewal—
Requisites:
1. A partnership is for a fixed term or particular undertaking
2. It is continued after the termination of such term or particular undertaking
without any express agreement
Persons prohibited to enter into a universal

partnership—Those persons who are
prohibited from giving donation(Art. 133
and 739, CC):
a. Between husband and wife
b. Those guilty of adultery or concubinage
c. Those guilty of a criminal offense, if the partnership was entered into
inconsideration of the same
d. A person and a public officer (or his wife, descendants, ascendants) by reason
of his office
e.
Requisites of “Partner By Estoppel”
A. The person—
40
1. represents himself as a partner of an existing partnership or of two or more

persons not actual partners, or
2. consents to another representing him as a partner of an existing partnership or

of two or more persons not actual partners
B. Third person relied on the misrepresentation, unaware of the deception.
C. On the faith of the misrepresentation, the 3rd person gave credit to the
actual/apparent partnership.
D. The person representing or consenting to the representation is liable:
 as an actual member if a partnership liability results

 pro rata with other persons when no partnership liability results (Art.
1825, CC)
Obligation of managing partner who is also a

creditor of the same partnership debtor
1. Requisites:
a. 2 separate credits, both demandable,
b. one credit is owed to the partnership,
c. the other to the collecting partner who’s a managing partner.
d.
Solidarily Liable with Partnership
The partnership and the partner are solidarily
liable in the following cases—
1. Vicarious liability, requisites:

a. the partner committed a wrongful act/omission;
b. he acted in the ordinary course of the partnership business or with the authority
of the co-partners even if the act wasn’t connected with the partnership
business;
c. loss/injury is caused to a 3rd person by the wrongful act/omission;
d. 3rd person is not a partner (Art. 1822,
CC);
Bound by Partnership Admission

Requisites to be admissible against the
partnership—
1. it must be connected with partnership affairs
2. it is within the scope of the partner’s authority(Art. 1820, CC)
3. it is made during the firm’s existence
41
Rights of Partners
BASCOP
1. Access to partnership Books
2. Associate another in his share
3. Share in losses and profits
4. Convey real property
5. Obtain formal account
6. Property rights
V. Property Rights
Property rights (Art. 1810, CC)—
1. In the specific partnership property
2. In the partnership, and
3. To participate in the management
Limited Partnership
1. formed by two or more persons;
2. in accordance with the requirements of law; and
3. composed of one or more general partners and one or more limited
partners (Art. 1843, CC).
Characteristics—
1. Complied with the statutory requirement of form(Art. 1844 CC)
2. The business is controlled by one or more general partners who are personally
liable to creditors(Arts. 1848, 1850 CC)
3. One or more limited partners contribute to the capital and share in the profits but
do not manage the business
4. The limited partners are not personally liable for obligations beyond their
contribution
(Arts. 1845, 1848, 1856 CC)
5. Obligations or debts are paid out of partnership assets and the general partner’s
separate assets
6. Limited partners may get back their capital contributions subject to conditions
prescribed by law (Arts. 1844, 1857 CC)
Forming/Amending a Limited
Partnership (Art. 1844, CC)
Requirements to amend—
1. Must be in writing, under oath, and set forth clearly the change desired
2. Signed and sworn to by all the members, including the new members and
assigning members
3. The cert., as amended, must be filed in the SEC (Art. 1865, CC)
When the certificate shall be cancelled—
42
1. When the partnership is dissolved

2. When all limited partners cease to be such
(Art. 1864, CC)
Requirements to cancel—
1. Must be in writing
2. Signed by all the members
3. Filed with the SEC; if cancellation is court ordered, a certified copy of the order
shall also be filed (Art.1865, CC)
Dissolution
When a limited partnership may be
dissolved—
1. The misconduct of a general partner

2. Fraud on the limited partner by the general partner
3. The retirement, death, insolvency, insanity, or civil interdiction of a general partner,
except: if the business is continued by the remaining general partners
a. Under a right stated in the certification
b. When all members consented to the continuation(Art. 1860, CC)
4. When all the limited partners ceased to be such( Art. 1864, CC)
5. End of the term for which it was to exist (Art.1844, CC)
6. By mutual consent of the partners before the end of the firm’s original term
7. When the limited partner demanded the return of his contribution but was
unjustifiably denied (Art. 1857, CC)
8. The causes in Arts. 1830 and 1831.
AGENCY
Definition [Art. 1868, CC]
By the contract of agency,

1. a person (agent) binds himself
2. to render some service or to do something in representation or on behalf of another
(principal),
3. with the consent or authority of the latter.
Characteristics [CNPPBF]
1. Consensual: perfected by mere consent
2. Nominate: has its own name
3. Preparatory: purpose is the execution of a juridical act in relation to a third person
4. Principal: can stand by itself without need of another contract
5. Bilateral: gives rise to reciprocal rights and obligations
6. Fiduciary: since it is based on trust and Confidence
43
Essential Elements
Essential Elements [CORS] (Rallos v Felix Go

Chan, 1978)
1. Consent, express or implied, of the parties
to establish the relationship
2. Object is the execution of a juridical act in relation to a third person
3. Agent acts as a Representative and not for himself
4. Agent acts within the Scope of his authority
Chapter IV. Obligations of the Principal

To Comply with the obligations contracted by the agent
Obligations which the agent may have contracted beyond the scope of his authority
but were ratified expressly or tacitly by the principal [Art. 1910, CC]
Note: Conditions for ratification (CaP-DECK)
a. The principal must have Capacity and Power to ratify.
b. The act must be Done in behalf of the principal
c. He must ratify the acts in its Entirety
d. The act must be Capable of ratification
e. He must have had Knowledge of material facts.
Liability of Joint Principals: Solidary [Art

1915]—Requisites of Solidary Liability:
a. Two or more principals
b. All principals concurred in the appointment of the same agent
c. Agent was appointed for a common undertaking
Principal not liable in the following cases—

Art. 1898, CC
Requisites:
a. agent contracts in the name of the principal
b. he exceeds the scope of the his authority
c. the principal does not ratify the contract
d. the party with whom the agent contracted is aware of the limits of the powers
granted by the principal; and
i. the agent did not undertake to secure the principal’s ratification
Extinguishment of Agency [EDWARD]

1. Expiration of the period for which it was constituted
2. Death, civil interdiction, insanity, insolvency
3. Withdrawal of the agent
4. Accomplishment of the object of the agency
5. Revocation
6. Dissolution of the firm/corp. which entrusted/accepted the agency
44
CREDIT TRANSACTIONS
REQUISITES FOR THE APPLICATION OF
ART.1951
1. There is a flaw or defect in the thing loaned

2. The flaw or defect is hidden
3. The bailor is aware thereof
4. He does not advise the bailee of the same
5. The bailee suffers damages by reason of said flaw or defect
REQUISITES FOR INTEREST TO BE
CHARGEABLE
1. Must be expressly stipulated

2. Agreement must be in writing (Art.1956)
3. Must be lawful
EEFECTS OF GUARANTY AS BETWEEN COGUARANTORS
Requisites for the applicability of Art. 2073:
1. Payment has already been made by one guarantor;
2. The payment was made because
a. Of the insolvency of the debtor, or

b. By judicial demand
3. The paying guarantor seeks to be indemnified only to the extent of his proportionate
share in the total obligation.
For purposes of proportionate reimbursement, the other guarantors may interpose such
defenses against the paying guarantor as are available to the debtor against the
creditor, except those that are personal to the debtor.
ESSENTIAL REQUISITES COMMON TO
45
PLEDGE AND MORTGAGE (Art. 2085)
1. Constituted to secure the fulfillment of a principal obligation.
2. Pledgor or mortgagor must be the absolute owner of the thing pledged or

mortgaged.
3. The persons constituting the pledge or mortgage have the free disposal of their
property, and in the absence thereof, that they be legally authorized for the purpose.
4. Cannot exist without a valid obligation.
5. Debtor retains the ownership of the thing given as a security.
6. When the principal obligation becomes due, the thing pledged or mortgaged may
be alienated for the payment to the creditor.
Requisites of pactum commissorium:
a. Pledge or mortgage.
b. A stipulation for an automatic appropriation by the creditor of the property in the

event of nonpayment.
Requisites of public auction of pawned
a. Public auction must be held at the place of business of the pawn shop, or within the
municipality or city where it is located
b. Must be under the control and direction of a licensed auctioneer
c. Prior publication one week before the sale
PRINCIPLE OF INDIVISIBILITY OF PLEDGE /
MORTGAGE
ESSENTIAL REQUISITES
1. Constituted to secure the fulfillment of a principal obligation.
2. Mortgagor must be the absolute owner of the thing mortgaged.
46
3. The persons constituting the mortgage have free disposal of the property; in the
absence thereof, they should be legally authorized for the purpose. (Article 2085)
4. Cannot exist without a valid obligation. (Art. 2086 cf 2052)
5. When the principal obligation becomes due, the thing in which the mortgage
consists may be alienated for payment to the creditor. (Art. 2087)
6. Must appear in a public document duly recorded in the Registry of Property, to be

validly constituted. (Art. 2125)
In a legal mortgage, the persons in whose favor the law establishes a mortgage have
the right to demand the execution and recording of a document formalizing the
mortgage. (Art. 2125, par. 2)
Antichresis
SPECIAL REQUISITES:
1. it can cover only the fruits of an immovable property
2. delivery of the immovable is necessary for the creditor to receive the fruits and not
that the contract shall be binding
3. amount of principal and interest must be specified in writing
4. express agreement that debtor will give possession of the property to creditor and
that the latter will apply the fruits to the interest, if any, then to the principal of his credit
NOTE: The obligation to pay interest is not of the essence of the contract of antichresis;
there being nothing in the Code to show that antichresis is only applicable to securing
the payment of interest-bearing loans. On the contrary, antichresis is susceptible of
guaranteeing all kinds of obligations, pure or conditional
Liability of Joint Principals: Solidary [Art 1915]— Each principal may be sued by the
agent for the entire amount due, not just for proportionate shares.
Any of the principals may revoke the agency
Requisites of Solidary Liability:
a. Two or more principals
47
b. All principals concurred in the appointment of the same agent
c. Agent was appointed for a common undertaking
Principal not liable in the following cases (Art. 1898, CC)
Requisites:
a. agent contracts in the name of the principal
b. he exceeds the scope of the his authority
c. the principal does not ratify the contract
d. the party with whom the agent contracted is aware of the limits of the powers
granted by the principal; and
e. the agent did not undertake to secure the principal’s ratification
Extension of Life of Partnership
1. By express renewal of the agreement
2. By implied renewal—Requisites:
a. A partnership is for a fixed term or particular undertaking
b. It is continued after the termination of such term or particular undertaking without

any express agreement
48
TORTS AND DAMAGES

In order that liability under Article 2176 of the
Civil Code will arise the following requisites must exist:
a. There must be damage or prejudice which must be proven by the party claiming it;
b. There must be an unlawful act or omission amounting to fault or negligence; and
c. There must be a direct causal connection between the damage or prejudice and
the act or omission. (Manresa; Taylor vs. Manila Electric Co.; Jarencio, Torts and
Damages)
2 Requisites of vicarious liability According to Chironi:
1. The duty of supervision
2. The possibility of making such supervision effective
REQUISITES FOR LIABILITY TO ATTACH:
Parents - (mnemonic: 21 + Authority &
Company):
1. The child is below 21 years old
2. The child is under the parental authority of the parents
3. The child is living in the company of the Parents
Guardians - (mnemonic: Authority & Company)
1. The ward if minor is below 21 years old. If incapacitated, the guardian is liable for the
acts of the ward regardless of the latter’s age.
2. The child is under the parental authority of the parents.
3. The tortfeasor is under his authority.
4. The tortfeasor is living in his company.
49
Owners and Managers of Establishments
Requisites for liability to attach Owners and managers of an establishment or enterprise
1. The damage was caused in the service of the branches in which the employees
are employed; or
2. The damage was caused on the occasion of their functions
Employers (Art 2180)
3 Essential Requisites:
1. That the employee was chosen by the employer, personally or through another
2. That the services are to be rendered in accordance with orders which the employer
has the authority to give at all times
3. That the illicit act of the employees was on the occasion or by reason of the
entrusted to him
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 honesty and good faith
Albenson vs. CA ((1993):
This provision has broadened the scope of civil wrongs; it is more supple and adaptable
than tort.
Elements:
1. legal action;
2. contrary to morals, public policy, good customs;
3. intent to injure.
Malicious Prosecution
1. The fact of the prosecution and the defendant was himself the prosecutor and
then action was terminated with an acquittal;
2. The prosecutor acted without probable cause;
3. That the prosecutor was impelled by legal malice, that is by improper or sinister
motive
50
C. Dereliction of Duty
Art. 27: Any person suffering material or moral loss because a public servant or
employee refuses or neglects, without just cause, to perform his official duty may file an
action for damages and other relief against the latter, without prejudice to any
disciplinary administrative action that may be taken.
Amaro vs. Samanguit: Requisites:
(1) Defendant is a public officer charged with a performance of a duty in favor of the
plaintiff;
(2) He refused or neglected without just cause to perform the duty;
(3) Plaintiff sustained material or moral loss as a consequence of such non-

performance;
(4) The amount of such damages, if material.
Villanueva vs. Salvador: Requisites for awarding moral damages:
(1) there must be an injury, whether physical, mental or psychological, clearly sustained
by the claimant;
(2) there must be a culpable act or omission factually established;
(3) the wrongful act or omission of the defendant must be the proximate cause of the
injury sustained by the claimant; and
(4) the award of damages is predicated on any of the cases stated in ART. 2219 NCC.
Nominal Damages
Requisites:
(1) A legal right has been violated.
(2) There is no loss or damage suffered or such cannot be proven or was not proved.
(3) The award is to vindicate the right violated.
Temperate Damages
Requisites:
(1) There is actual damage.
51
(2) The pecuniary amount of the damage cannot be proved.
(3) Amount must be reasonable
Exemplary Damages
(1) they may be imposed by way of example in addition to compensatory damages,

and only after the claimant's right to them has been established;
(2) that they cannot be recovered as a matter of right, their determination depending
upon the amount of compensatory damages that may be awarded to the claimant;
and
(3) the act must be accompanied by bad faith or done in a wanton, fraudulent,
oppressive or malevolent manner.
Requisites to recover exemplary damages and liquidated damages agreed upon in

addition to exemplary (Art.2234):
The plaintiff must show that he is entitled to moral, temperate or compensatory

damages
If arising from crime; When exemplary damages are granted
Crimes the crime was committed with an aggravating circumstance/s
Quasi-delicts ; exemplary damages
Defendant acted with gross negligence
Contracts and Quasi- contracts
Defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner
(WFROMM)
52
LAND TITLES AND DEEDS
Land Registration
3 stages :
1. Production & delivery of deed by grantor to grantee without registration
2. Deed of conveyance is recorded to bind 3rd persons
3. Registration of title
Torrens Certificate of Title

Original Certificate of Title or OCT
a. first certificate of title
b. issued in the name of a registered owner by the Register of Deeds
c. covering a parcel of land which had been registered under the Torrens System, by
virtue of judicial or administrative proceedings.
Transfer Certificate of Title

a. subsequent certificate of title pursuant to any deed of transfer or conveyance to
another person.
b. The Register of Deeds shall make a new certificate of title and given him an owner’s
duplicate certificate.
Original Registration
Original Registration Proceeding
Steps:
1. Determine if the land is registrable
2. Determine if you are qualified to apply
3. Survey the land
4. File the application (survey attached) for land registration with the appropriate court
5. Court sets initial hearing
6. Publication of the initial hearing
7. File an opposition to the application
8. Hearing
9. Judgment
10. Issuance of decree
WHAT LANDS ARE REGISTRABLE?
1. Registrable lands
53
a. Private Lands
b. Agricultural Lands
2. Non- registrable lands

a. 1987, CONSTITUTIONArt. XII(2) - All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna, and other natural resources are owned by the
State. xxx
b.Civil Code Art. 420

The following things are property of public dominion:
1. Those intended for public use, such as roads, canals, rivers, torrents, ports and
bridges constructed by the State, banks, shores, roadsteads, and others of similar
character;
2. Those which belong to the State, without being for public use, and are
intended for some public service or for the development of the national wealth.
3. Cannot be registered:
a. Forest or timberlands
b. Lands for public use: roads, ports and
bridges, etc.
c. Lands which are owned by the State for
public service or development of national wealth.
WHO MAY APPLY?

General Rule: Only Filipino Citizens
Exceptions:
a. Aliens by way of hereditary succession
b. Natural born citizens who have
c. lost their citizenship- limited to
d. 5,000 sq. m. for urban land and 3 hectares for rural land (RA No. 7042 as
amended by RA No. 8179)
Additional Requirements:
(1) Those who by themselves or through their predecessors-in-interest have been in

Open, continuous, exclusive and notorious possession and occupation of alienable and
disposable lands of the public domain under a bona fide claim of ownership since June
12, 1945, or earlier.
(2) Those who have acquired ownership of private lands by Prescription under the
provision of existing laws.
(3) Those who have acquired ownership of private lands or abandoned river beds by
right of Accession or accretion under the existing laws.
(4) Those who have acquired ownership of land in any other manner provided for by
Law.
54
Where the land is Owned in common, all the co- owners shall file the application jointly.
Where the land has been sold under Pacto de retro, the vendor a retro may file an
application for the original registration of the land, provided, however, that should the
period for redemption expire during the pendency of the registration proceedings and
ownership to the property consolidated in the vendee a retro, the latter shall be
substituted for the applicant and may continue the proceedings.
Trustee on behalf of his principal may apply for original registration of any land held in
trust by him, unless prohibited by the instrument creating the trust
APPLICATION
The application for land registration shall be:
a. in writing
b. signed and sworn to by the applicant/duly authorized person, and if more
than one applicant, it shall be signed and sworn to by and in behalf of each
It shall contain:
a. description of the land
b. citizenship and civil status of the applicant
c. if married, the name of the wife or husband
d. if the marriage has been legally dissolved, when and how
e. full names and addresses of all occupants and those of the adjoining owners,
if known.
f. if not known, it shall state the extent of the search made to find them.
Note: It must be accompanied by the original tracing cloth plan, white or blue copies
thereof, the original and copies of the technical description and geodetic engineer’s
certification.
Special Cases:
a. PD 1529Sec. 20 - If the land bounded by a road, the applicant must state in his
application if he claims any portion of the land within the limits of the road, or if he likes
to have the boundaries determined.
b. PD 1529Sec. 16 - If the applicant is a non-resident, he shall appoint an agent or

representative who is a Philippine resident.
INITIAL HEARING
a. The court shall issue an order
b. setting the date and hour of the initial hearing within five days from filing of the
application.
c. The initial hearing shall be 45-90 days from the date of the order.
PUBLICATION
55
1. By Publication
a. The Commissioner of Land Registration shall cause it to be published:

once in the Official Gazette (sufficient to confer jurisdiction) and once in a
newspaper of general circulation in the Philippines
b. The notice is addressed to: all persons appearing to have an interest in the
land the adjoining owners so far as known "to all whom it may concern"
2. By Mailing
Within 7 days from publication in the OG, the Commissioner of Land Registration
shall mail a copy of the notice to:
a. every person named in the notice whose
address is known.
b. the Secretary of Public Highways, to the Provincial Governor, and to the
Mayor of the municipality or city, in which the land lies, if the applicant requests to have
the line of a public way or road determined
c. Secretary of Agrarian Reform, the Solicitor General, the Director of Lands,
the Director of Mines and/or the Director of Fisheries and Aquatic Resources, (as
appropriate) if the land borders on a river, navigable stream or shore, or on an arm of
the sea where a river or harbor line has been established, or on a lake, or if it otherwise
appears from the application or the proceedings that a tenant-farmer or the national
government may have a claim adverse to that of the applicant
3. By Posting
a. CLR shall cause the sheriff or his deputy to post the notice at least 14 days
before the hearing
b. in a conspicuous place on each parcel on
c. in a conspicuous place on the bulletin board of the municipal building of the
municipality or city in which the land or portion thereof is situated.
OPPOSITION
1. Who may file? Any person claiming an interest.

2. When to file? On or before the date of initial hearing, or within such further time as
may be allowed by the court.
3. What shall it contain? It shall state all the objections and the interest claimed by the
party the remedy desired.
4. How shall it be made? It shall be signed and sworn to by him or by some other duly
authorized person.
HEARING
Proof of Ownership:
56
1. Tax declaration and receipts are not conclusive but have strong
probative value when accompanied by proof of actual possession. Municipality of
Santiago vs. CA, (1983)
2. Payment in one lump sum to cover all past taxes is “irregular” and affects
the validity of the applicant’s claim of ownership. Republic vs. Tayag, (1984)
3. Spanish titles are no longer admissible.
JUDGMENT
a. Judgment becomes final upon expiration of 30 days from receipt of notice of
judgment.
ISSUANCE OF DECREE
Preparation of the Decree:
a. Court directs the Land Registration Authority to issue a decree of registration
and certificate of Title within 15 days from entry of judgment.
1. Appeal reckoned from the Solicitor General’s receipt of the decision
2. Becomes final 15 days from receipt
b. Commissioner signs the decree c. Decree is entered and filed
with the LRC
d. OCT and owner’s duplicatecertificate are sent to the Register of Deeds where
property is situated.
e. Register of Deeds enters the information in his registration book.
f. Register of Deeds sends notice by mail to owner that his duplicate is ready for
delivery upon payment of legal fees.
Attributes of and Limitation In Certificate of Title and Registered Land (FIIC)
A. FREE FROMLIENS ANDENCUMBRANCES
EXCEPT those noted in the certificate and CATH:

1. Liens, claims or rights existing under the laws and Constitution which are
not required to appear of record in the Registry of Deeds
2. Unpaid real estate Taxes levied and assessed within 2 yrs preceding the
acquisition of any right over the land
3. Any public Highway or private way established or recognized by law, or
any government irrigation canal or lateral thereof, if the certificate of title does not
state that the boundaries of such have been determined.
4. Any disposition of the property or limitation on the use thereof by virtue of,
or pursuant to, Presidential Decree No. 27 or any other laws on Agrarian reform.
B.INDEFEASIBLE
a. Cannot be reopened because of absence, minority, or other disability of any
person adversely affected thereby
b. Cannot be reopened where an innocent purchaser for value may be
prejudiced (includes an innocent lessee, mortgagee, or other encumbrancer for
57
value.)
C. IMPRESCRIPTIBLE
D. NOT SUBJECT TO COLLATERAL ATTACK
Judicial Confirmation of Imperfect or Incomplete Titles

REQUISITES:
a. Filipino citizen
b. He must have, by himself, or thru his predecessors-in-interest, possessed and
occupied an alienable and disposable agricultural portion of the public domain
c. Such possession and occupation must have been OCEN and in the concept
of owner since June 12, 1945
d. Application filed with proper court
PRIVATE CORPORATIONS
a. Where at the time the corporation acquired the land, its predecessor-in-
interest had been in possession and occupation thereof in the manner
b. for the period prescribed by law as to entitle him to registration in his name,
then the proscription against corporation acquiring alienable lands of the public
domain does not apply for the land was no longer public land but private property.
Since the land is private, the corporation can institute confirmation proceedings.
Cadastral Registration Proceedings

Steps:
1. Determination of the President that public interest requires title to
unregistered lands be settled
2. Director of lands shall make a cadastral survey
3. Director of Lands gives notice to interested persons
4. Publication of notice
5. A copy of the notice shall also be sent to the mayor and the
sanggunian
6. Geodetic engineers/ Bureau of Land employees shall notify (re: survey) by
posting at the municipal building
7. Interested persons should communicate with the geodetic engineer if he
requests for any information about the land
8. Actual survey/ plotting of the land
9. Director of Lands represented by Solicitor General shall institute original
registration
proceedings
10. Publication, mailing posting
11. Hearing
12. Decision
58
13. Issuance of the decree and certificate of title
Subsequent Registration
Two Types of Dealings
A. VOLUNTARY DEALINGS - Deeds,instruments, documents which are the results of

free and voluntary acts of parties thereto.
B. INVOLUNTARY DEALINGS- Writ, order, or process issued by the court of record

affecting registered land, also other instruments whichare not wilful acts of the
registered owner, executed without his knowledge or consent.
Registration of Voluntary Instruments in General

PROCESS OF REGISTRATION:
1. File instrument creating or transferring interest and certificate of title with Register
of Deeds together with:
a. Owner’s duplicate
b. Payment of fees & documentary stamp tax
c. Evidence of full payment of real estate tax
d. Document of transfer – 1 copy additional for city/provincial assessor
2. Register of Deeds shall make a memorandum on the certificate of title, signed by

him
3. TCT shall then be issued.
NOTE:
If the grantee is a corporation or association, it must show that it is
qualified to acquire private lands.
Registration of Deeds of Sale and Transfers

IF ENTIRE PROPERTY IS SUBJECT
1. Owner executes and registers the deed which must be sufficient in form.
2. A new certificate of title is issued and
Register of Deeds prepares and delivers to
grantee his owner's duplicate certificate
3. Register of Deeds notes upon the OCT and the duplicate certificate the date
of transfer, the volume and page of the registration book where the new certificate is
registered
4. The original and the owner's duplicate of the grantor's certificate shall be
stamped "canceled".
5. The deed of conveyance shall be filed and indorsed with the number and the
59
place of registration of the certificate of title of the land conveyed.
IF ONLY A PORTION OF PROPERTY IS SUBJECT

1. Include a plan which shows all the portions already subdivided with verified
and approved technical descriptions.
2. That plan with the certified copy of the technical descriptions shall be filed
with the Register of Deeds for annotation in the TCT.
3. Register of Deeds hall issue a TCT and cancel the grantor's certificate partially
OR it may be canceled totally and a new one issued describing therein the remaining
portion
IF THERE ARE SUBSISTING ENCUMBRANCES AND ANNOTATIONS

1. They shall be carried over in the new certificate or certificates; except when
they have been simultaneously discharged.
2. Mortgage and leases shall be registered in the manner provided for in Section
54.
3. When a deed of mortgage or lease is presented, ROD will enter upon the OCT
and upon the owner’s duplicate a memorandum thereof and shall sign.
Powers of Attorney
A. Powers of attorney and revocations shall be registered with the Register of

Deeds of the province or city where the land lies.
B. To transfer registered land in trust without transfer, the particulars of the trust
shall not be entered on the certificate. Only a memorandum shall be entered by the
words "in trust", or "upon condition".
C. Power must be expressly conferred in the trust instrument.
D. If implied of constructive trust, person claiming such must execute a sworn
statement. But such claim doesn’t affect the title of a purchaser for value and in good
faith before its registration.
Involuntary Dealings
REGISTRATION OF ATTACHMENT/ OTHER LIENS
a. Copy of writ in order to preserve any lien, right or attachment upon

registered land may be filed with Register of Deeds where land lies, containing number
of certificate of title of land to be affected or description of land
b. Register of Deeds to index attachment in names of both plaintiff &
defendant or name of person whom property is held or in whose name stands in the
records
c. If duplicate of certificate of title is not presented:
1. Register of Deeds shall within 36 hours send notice to registered owner
by mail stating that there has been registration & requesting him to produce duplicate
so that memorandum be made
2. If owner neglects or refuses – Register of Deeds shall report matter to
60
court.
3. Court after notice shall enter an order to owner to surrender certificate
at time & place to be named therein.
d. Although notice of attachment is not noted in

duplicate, notation in book of entry of Register of Deeds produces effect of registration
already
EXECUTION AND TAX SALES DELINQUENCY

EXECUTION SALE
a. To enforce a lien of any description on registered land, any execution or
affidavit to enforce such lien shall be filed with Register of Deeds where land lies
b. Register in registration book & memorandum upon proper certificate of
title as adverse claim or as an encumbrance
c. To determine preferential rights between 2 liens: priority of registration of
attachment
2. TAX SALE
a. Sale of land for collection of delinquent taxes and penalties due the
Government
b. In personam (all persons interested shall be notified so that they are given
opportunity to be heard)
c. Notice to be given to delinquent tax payer at last known address
d. Publication of notice must also be made in English, Spanish & local dialect &
posted in a public & conspicuous place in place wherein property is situated & at main
entrance of provincial building
e. Sale cannot affect rights of other lien holders unless given right to defend their
rights: due process must be strictly observed
f. Tax lien superior to attachment
g. No need to register tax lien because it is automatically registered once the tax
accrues
h. But sale of registered land to foreclose a
tax lien need to be registered.
PROCEDURE OF REGISTRATION OF TAX SALE

a. Officer’s return shall be submitted to Register of Deeds together with
duplicate title
b. Register in registration book
c. Memorandum shall be entered in certificate as an adverse claim or
encumbrance
d. After period of redemption has expired & no redemption (2 years from
registration of auction sale) cancellation of title & issuance of new one
e. Before cancellation, notice shall be sent to registered owner: to surrender title &
f. show cause why it shall not be cancelled
61
NOTE: Actual knowledge is equivalent to registration.
ADVERSE CLAIM
REQUISITES
The adverse claimant must give a statement signed and sworn before a notary
public, the ff in writing:
a. his alleged right or interest
b. how and under whom such alleged right or interest is acquired
c. the description of the land in which the right or interest is claimed and
d. the number of the certificate of title
e. his residence or the place to which all notices may be served upon him.
System of Registration of Unregistered Lands

Procedure
A. Presentment of instrument dealing in unregistered land
B. If found in order – registered
C. If found defective – registration is refused
writing his reason for refusal
Registration of Public Lands

Procedure of Conveying Public Land to a Private Person
A. Official issuing instrument of conveyance to issue instrument

B. File instrument with Register of Deeds C.
C. Instrument to be entered in books and owner’s duplicate to be issued
D. Instrument – only contract between Government and private person and does not
take effect as conveyance if unregistered, it is registration which is operative act of
conveying land; evidence of authority for Register of Deeds to register
E. Fees to be paid by grantee
F. After issuance of certificate of title, land is deemed registered land within the
purview of the Torrens system.
Patents
WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds – mandatory: operative act to convey &
transfer title
3. Actual physical possession, open & continuous
TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT
62
1. Indefeasible – when registered, deemed incorporated with Torrens system; 1 year

after issuance of patent
2. May not be opened one year after entry by Land Registration Authority;
otherwise, confusion, uncertainty & confusion on government system, of distribution of
public lands may arise & this must be avoided EXCEPT: Annullable on ground of fraud,
may be reopened even after 1 year because registration does not shield bad faith
3. Court in exercise of equity jurisdiction may direct reconveyance even without
ordering cancellation of title
RESTRICTIONS
1. Cannot be alienated within 5 years after approval of application for patent

2. Cannot be liable for satisfaction of debt within 5 years after approval of patent
application
3. Subject to repurchase of heirs within 5 years after alienation when allowed
already
4. No corporation, partnership, association may acquire unless solely for
commercial, industrial, educational, religious or charitable purpose or right of way
subject to consent of grantee & approval of Secretary of Natural resources
EXCEPTIONS:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
Remedies of the Aggrieved Party

1. Motion for New Trial
a. 15 days from notice of judgment
b. Grounds:
- Fraud, accident, mistake,excusable negligence
- Newly discovered evidence
- Awarded excessive damages, or insufficiency of evidence, or that
thedecision is against law
2. Appeal
a. 15 days from notice
b. appealable to the CA or to the SC in the same manner as in ordinary actions
3. Relief from Judgment

a. 60 days after petitioner learns of judgment, but not more than 6 months after
judgment was entered
b. Grounds: Fraud, accident, mistake, excusable negligence
4. Petition for Review

Requisites:
a. Walstrom vs. Mapa,, (1990):
63
b. petitioner must have an estate or interest in the land

c. he must show actual fraud
d. petition must be filed within one year form the issuance of the decree
by LRA
e. property has not yet passed to an innocent purchaser for value.
Grounds:
a. extrinsic fraud,
b. void decision for want of due process
c. lack of jurisdiction
d. Calalang vs. Register of Deeds (1992): Under the Torrens system of
registration, the Torrens still becomes indefeasible and incontrovertible one year form
the issuance of the final decree and is generally conclusive evidence of the ownership
e. Iglesia ni Cristo vs. CFI, (1983): This applies as well to title acquired
through homestead or free patents
5. Action for Reconveyance

a. before issuance of decree, or within/after 1 year from entry
b. if based on implied trust, 10 years;
c. if based on expressed trust and void contract, imprescriptible
d. if based on fraud, 4 years from the discovery
e. it is not available if the property has already been transferred to an innocent
purchaser for value.
f. Esconde vs. Barlongay, (1987): It does not reopen proceedings but a mere
transfer of the land from registered owner to the rightful owner
g. Huang vs. CA,1994: It is available in case of fraud thereby creating a
constructive trust between parties
6. Damages
a. Ching vs. CA, 1990: It can be availed of when reconveyance is no longer
possible as when the land has been transferred to an innocent purchaser for value
7. Action for Compensation from the Assurance Fund

(Upon registration, there shall be paid to the Register of Deeds 1⁄4 of 1% of the
assessed value of the real estate on the basis of the last assessment for taxation
purposes, as contribution to the Assurance Fund.)
Requisites:
a. A person sustains loss or damage or is deprived by any estate or interest in
land
b. On account of bringing of land under the Torrens system
c.Through (FEMOM) fraud, error, mistake, omission, or misdescription in the
certificate of entry in the registration book
d. Without negligence on his part
e. And is barred from bringing an action for recovery of the land.
f. The action has not prescribed. It must be instituted within 6 years from the time
the right to bring such action first occurred--> date of issue of the certificate of title
64
g. Against whom filed: against the Register of Deeds and the National Treasurer if
FEMOM is caused by court personnel, Register of Deeds, his deputy or other
employees of the Registry
h. If other those above mentioned: the Register of Deeds, the National Treasurer
and other person or persons, as co-defendants.
8. Annulment of Judgment
a. Grounds: extrinsic fraud and lack of jurisdiction.
b. Galicia vs. Marquez (2007): Ordinary remedies of appeal, motion for new trial
etc
should no longer be available. If based on extrinsic fraud, file 4 within years from
discovery.
c.If based on lack of jurisdiction, before it is barred by laches or estoppel
9. Reversion
a. Instituted by the government, thru Solgen in all cases where lands of public
domain are held in violation of the Constitution or were fraudulently conveyed.
b. Indefeasibility of title, prescription, laches, and estoppel do not bar reversion
suits.
10. Criminal Action

a. Perjury, Forgery, Others involving fraud
Reconstitution of Titles
Grounds
A. LOSS
B. DESTRUCTION
Petitions for Reconstitution
A statement, among other things:

1. That no deed or other instrument affecting the property had been presented
for registration. If there is, include its particulars.
2. That the owner's duplicate certificate or co- owner's duplicate is in due form;
3. That the certificate of title is not the subject of litigation or investigation,
administrative or judicial, regarding its genuineness or due execution or issuance;
4. That the certificate of title was in full force and effect at the time it was
lost or destroyed;
5. That the certificate of title is covered by a tax declaration regularly issued by
the Assessor's Office; and
6. That real estate taxes have been fully paid up to at least two (2) years prior to
the filing of the petition for reconstitution.
65
CONFLICT OF LAWS
Elements of Private international law
1. Legal problem or case involving a foreign element
2. Primary function is to determine whether the law or judgments of other State/s
will govern and it so, the extent of its recognition/application in the forum
Principle of Forum Non Conveniens/ When local judicial machinery was adequate to
resolve controversies with a foreign element
1. The forum State is one to which the parties may conveniently resort to
2. It is in a position to make an intelligent decision as to the law and the facts
3. It has or is likely to have power to enforce its decision
Questions that choice-of-applicable law seeks to answer

1. What legal system should control a given situation where some of the significant
facts occurred in two or more states
2. To what extent should the chosen system regulate the situation
66
References:
San Beda College of Law 2015 Memory Aid in Civil Law
University of the Philippines College of Law 2013 Bar Reviewer in Civil Law
67

Civil Law Requisites Compilation

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SAN BEDA COLLEGE ALABANG

CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE 2018 – 2019

CATRIONA JANELLE GAYATIN

RODEL CADORNIGA, JR.

EMMANUEL JOSEL JOVELLANOS

CHRISTIAN BOY BENEDICT TIANGCO

KATREENA FRANCES MONJE

MARYLL ANN RAGPALA

GIULIA INGRID CALUB

JOHN ELI ZURIEL BITONG

CENTRALIZED BAR OPERATIONS DEPUTIES FOR ACADEMICS 2018 – 2019

MA. SAMANTHA EBUÑA

HAFSHA DARWIZA GURO

GABRIEL LUIS LACSON

THAT IN ALL THINGS, GOD MAY BE GLORIFIED!

PERSONS AND FAMILY RELATIONS

1. Published for the dissemination of local news and general information

Requisites of a valid waiver (Art. 6 NCC)

1. Full capacity to make the waiver

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

1. Plurality or repetition of acts

Elements of abuse of right (Art. 19 NCC)

1. Existence of a legal right or duty

Acts Contra Bonus Mores (Art 21 NCC)

1. There is a legal act

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

1. Enrichment is without just or legal ground

2. Defendant has been enriched

Prejudicial Question (Art. 36)

1. Previously instituted civil action involves an issue similar or intimately related to

Elements of Domicile (Art. 50)

1. Physical presence in a fixed place

Acquisition of New Domicile (Art. 50)

1. Bodily presence in a new locality

2. Consent freely given in the presence of a solemnizing officer

Formal requisites of Marriage (Art. 2 FC)

1. Authority of the solemnizing officer

Cohabitation; exception to the marriage license requirement (Art. 34)

2. The parties must have no legal impediment to marry each other

Elements of Bigamy (Art. 349 Revised Penal Code)

Psychological Incapacity (Art. 36 FC)

Molina doctrine on psychological incapacity/ Jurisprudential guidelines

1. Incapacity must be permanent or incurable

Annulment due to Impotence (Art. 45)

1. It exists at the time of the celebration of the marriage

Annulment due to sexually transmissible disease (Art. 45)

1. Sexually transmissible disease

Marriage Settlement (Arts. 74, 76, 77 FC)

1. Made before celebration of marriage

Donations propter nuptias/ Donations by reason of marriage

Rules in case of donation by would-be spouses to each other

1. There must be a valid marriage settlement stipulating a property regime other

1. First Marriage was terminated

1. The child is illegitimate

1. Same disqualifications as a Filipino

1. After termination of the guardianship, with respect to the ward

Presumption of Illegal Adoption

1. Consent for adoption was acquired through or attended by coercion, fraud,

Support by a stranger; when reimbursable (Under Art. 206)

1. Stranger gives support to another person with the intention to be reimbursed

Support by a stranger; when reimbursable (Under Art. 207)

1. There is an urgent need to be supported on the part of the recipient

1. Utility – capacity to satisfy some human wants.

When real property may be the object of a chattel mortgage