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CIVIL LAW REVIEWER

CIVIL LAW REVIEWER CIVIL LAW 2010 Copyright and all other relevant rights over this material are
CIVIL LAW REVIEWER CIVIL LAW 2010 Copyright and all other relevant rights over this material are

CIVIL LAW 2010

CIVIL LAW REVIEWER CIVIL LAW 2010 Copyright and all other relevant rights over this material are
CIVIL LAW REVIEWER CIVIL LAW 2010 Copyright and all other relevant rights over this material are

Copyright and all other relevant rights over this material are owned jointly by the University of the Philippines College of Law, the Faculty Editor and the Student Editorial Team.

The ownership of the work belongs to the University of the Philippines College of Law. No part of this book shall be reproduced or distributed without the consent of the UP College of Law.

All rights are reserved.

PERSONS & FAMILY RELATIONS

SUCCESSION

SUCCESSION OBLIGATIONS CONTRACTS PROPERTY LAND TITLES & DEEDS SALES CREDIT TRANSACTIONS AGENCY PARTNERSHIP

OBLIGATIONS

SUCCESSION OBLIGATIONS CONTRACTS PROPERTY LAND TITLES & DEEDS SALES CREDIT TRANSACTIONS AGENCY PARTNERSHIP

CONTRACTS

SUCCESSION OBLIGATIONS CONTRACTS PROPERTY LAND TITLES & DEEDS SALES CREDIT TRANSACTIONS AGENCY PARTNERSHIP

PROPERTY

SUCCESSION OBLIGATIONS CONTRACTS PROPERTY LAND TITLES & DEEDS SALES CREDIT TRANSACTIONS AGENCY PARTNERSHIP

LAND TITLES

& DEEDS

SUCCESSION OBLIGATIONS CONTRACTS PROPERTY LAND TITLES & DEEDS SALES CREDIT TRANSACTIONS AGENCY PARTNERSHIP

SALES

SUCCESSION OBLIGATIONS CONTRACTS PROPERTY LAND TITLES & DEEDS SALES CREDIT TRANSACTIONS AGENCY PARTNERSHIP

CREDIT

TRANSACTIONS

SUCCESSION OBLIGATIONS CONTRACTS PROPERTY LAND TITLES & DEEDS SALES CREDIT TRANSACTIONS AGENCY PARTNERSHIP

AGENCY

SUCCESSION OBLIGATIONS CONTRACTS PROPERTY LAND TITLES & DEEDS SALES CREDIT TRANSACTIONS AGENCY PARTNERSHIP

PARTNERSHIP

TORTS & DAMAGES

PRIVATE INTERNATIONAL LAW

& DEEDS SALES CREDIT TRANSACTIONS AGENCY PARTNERSHIP TORTS & DAMAGES PRIVATE INTERNATIONAL LAW
& DEEDS SALES CREDIT TRANSACTIONS AGENCY PARTNERSHIP TORTS & DAMAGES PRIVATE INTERNATIONAL LAW

CIVIL LAW REVIEWER

PERSONS & FAMILY RELATIONS

Table of Contents

PERSONS & FAMILY RELATIONS Table of Contents Chapter I. Civil Personality 3 III. Absolute
PERSONS & FAMILY RELATIONS Table of Contents Chapter I. Civil Personality 3 III. Absolute
PERSONS & FAMILY RELATIONS Table of Contents Chapter I. Civil Personality 3 III. Absolute

Chapter I. Civil Personality

3

III.

Absolute

Community of Property

31

I. Concept and Classes of Persons

3

IV. Conjugal Partnership of Gains

34

II. Capacity to Act and Restrictions

Thereon

5

Chapter II. Citizenship and Domicile

8

I. Who are Filipinos

8

II. Domicile

8

Chapter III. Marriage

9

I. Definition and Nature of Marriage

9

II. Requisites of Marriage

9

III. Marriages Solemnized

Abroad

11

IV. Presumption of Marriage

11

Chapter IV. Void Marriages

13

I. Grounds

13

II. Period to File Action or Raise Defense

15

III. Effects of Nullity

16

Chapter V. Voidable Marriages

18

I. Grounds for Annulment (Art. 45, FC)

18

II. Marriage When One Spouse Absent

21

III. Effects of Pending Actions/Decree

(Art. 49, FC)

IV. Voidable v. Void Marriage

V. Voidable v. Legal Separation

VI.

23

23

23

22

Jurisdiction

Chapter VI. Legal Separation, Divorce and De

24

I. Grounds for Legal Separation

II.

III. When to File/Try Actions

IV. Effects of Filing Petition for Legal

24

25

25

Facto Separation

Defenses

Separation

V. Effects of Decree for Legal Separation

25

25

VI. Reconciliation

VII.

VIII. De Facto Separation

Divorce

26

26

27

Chapter VII. Rights and Obligations Between

Husband and Wife

28

I. Obligations of Spouses (Arts. 68-71, FC)

28

II. Rights of Spouses (Arts. 72-73, FC)

28

III. Use of

Surname

28

Chapter

VIII.

Property

Relations

Between

Spouses

29

I.

General Provisions

 

29

V. Separation of Properties During

Marriage

VI. Property regime of unions without

marriage

39

38

Chapter IX. The Family and the Family Home

 

41

I. Family

41

II. Family Home

41

Chapter X. Paternity and Filiation

43

I. Kinds of Filiation

43

II. Impugning Legitimacy (Art. 166)

43

III. Proof of Filiation (Arts. 172 and 175 (1))

44

IV. Legitimation (Arts. 177 and 182)

V. Rights of Legitimate and Illegitimate

45

Children (SSS)

45

Chapter XI. Adoption

46

I.

46

II.

(Secs. 10-32)

1998

RA 8552: Domestic Adoption Act of

Adoption Procedure under RA 8552 IRR

47

RA 8043: Inter-Country Adoption Act of

49

III.

1995

Chapter XII. Support

51

I. Support

51

II. Who are Obliged to Support Each Other

(Art. 195)

III. Properties Answerable for Support (Art.

51

197-198)

52

IV.

Order of Support (SDAB)

52

Chapter XIII. Parental Authority

53

I. Parental Authority

53

II. Substitute and Special Parental

Authority

54

III. Suspension or Termination of Parental

Authority

55

IV.

Rights and Duties of Children

55

Chapter XIV. Funerals

56

I.

General Guidelines

56

55 Chapter XIV. Funerals 56 I. General Guidelines 56 II. Donations by Reason of Marriage 30

CIVIL LAW REVIEWER

SUCCESSION

Table of Contents

CIVIL LAW REVIEWER SUCCESSION Table of Contents Chapter I. Concept of Succession 59 Chapter V. Partition
CIVIL LAW REVIEWER SUCCESSION Table of Contents Chapter I. Concept of Succession 59 Chapter V. Partition
CIVIL LAW REVIEWER SUCCESSION Table of Contents Chapter I. Concept of Succession 59 Chapter V. Partition

Chapter I. Concept of Succession

59

Chapter V. Partition and Distribution of

I.

Definition of Succession (Art. 774, CC)

Estate

83

59

I. Concept of Partition

83

II. Opening of Succession (Art. 777, CC) 59

II. Effects of Partition

84

III. Kinds of Succession (Art. 778, CC)

59

III. Nullification of Partition

84

IV. Heirs

 

60

IV. Important Periods in Partition

85

Chapter II. Testamentary Succession

61

Chapter

VI.

Application of the Important

I. Concept

61

Concepts

through

Sample Computational

II. Testamentary Capacity

61

Problems

86

III. Formalities of

Wills

61

I. Institution of Heirs

86

IV. Qualifications of Witnesses to a Notarial

II. Legitimes

86

Will

62

III. Intestate Succession

87

V.

Qualifications of Witnesses to a Notarial

IV. Accretion

87

Will

63

V. Collation

88

63

VII. Applicable Principles of Private

63

VIII. Codicils and Incorporation by

64

Reference

International Law

VI. Institution of Heirs

IX. Revocation of Wills and Testamentary

Dispositions

64

X. Allowance and Disallowance of Wills

65

XI. Substitution of Heirs

66

XII. Legitimes

67

XIII. Preterition

69

XIV. Reserva Troncal

69

XV. Disinheritance

70

XVI. Legacies and Devises

71

Chapter III. Intestate Succession

74

I. Causes for Legal or Intestate

Succession

74

II. The Intestate or Legal Heirs

74

III. Fundamental Underlying Principles in

Legal or Intestate Succession

74

IV. Relationship (Arts. 963-969, CC)

75

V. The Right of Representation (Art. 970,

CC) 75

VI. Order of Legal or Intestate Succession

76

VII. Concurrence in Legal or Intestate

Succession

77

VIII. Outline of Intestate Shares

77

IX. Order of Concurrence in the Case of an

Adopted Child (Art, 190, FC)

 

78

Chapter

IV.

Provisions

Common

to

Testamentary and Intestate Succession

79

I. Accretion

 

79

II. Capacity to Succeed

 

80

III. Acceptance and Repudiation of

Inheritance

81

CIVIL LAW REVIEWER

OBLIGATIONS

Table of Contents

CIVIL LAW REVIEWER OBLIGATIONS Table of Contents Chapter I. General Provisions 91 I. Obligations 91 II.
CIVIL LAW REVIEWER OBLIGATIONS Table of Contents Chapter I. General Provisions 91 I. Obligations 91 II.
CIVIL LAW REVIEWER OBLIGATIONS Table of Contents Chapter I. General Provisions 91 I. Obligations 91 II.

Chapter I. General Provisions

91

I. Obligations

91

II. Obligations

Sources of

91

Chapter II. Nature and Effect of Obligations93

I. Kinds of Prestations

93

II. Breach of Obligation

94

III. Fortuitous Event (Force Majeure)

96

IV.

Remedies

to Creditors

96

V. Usurious Transactions and Rules on

Interest

97

Chapter III. Different Kinds of Obligations

98

I. Pure and Conditional Obligations

98

II. Reciprocal Obligations

100

III. Obligations with a Period

100

IV. Alternative and Facultative Obligations

101

V. Joint and Solidary Obligations

Effects of Prejudicial and Beneficial Acts

103

(Art.1212)

105

VI. Divisible and Indivisible Obligations

106

VII. Oblligations with a Penal Clause

106

Chapter IV. Extinguishment of Obligations

 

107

I. Payment or Performance

107

II. Loss or Impossibility

109

III. Condonation or Remission of the Debt

109

IV. Confusion or Merger of Rights

110

V. Compensation

110

VI. Novation

111

Charts: Payment & Performance

114

or Merger of Rights 110 V. Compensation 110 VI. Novation 111 Charts: Payment & Performance 114

CIVIL LAW REVIEWER

CONTRACTS

Table of Contents

CIVIL LAW REVIEWER CONTRACTS Table of Contents Chapter I. General Provisions 122 I. Classification of Contracts
CIVIL LAW REVIEWER CONTRACTS Table of Contents Chapter I. General Provisions 122 I. Classification of Contracts
CIVIL LAW REVIEWER CONTRACTS Table of Contents Chapter I. General Provisions 122 I. Classification of Contracts

Chapter I. General Provisions

122

I. Classification of Contracts

122

II. Elements

of Contracts

123

III. Stages of

Contracts

123

IV. Charactertics of Contracts (MARCO) 123

Chapter II. Essential Requisites

I.

II.

III.

Consent

Object

Cause

Chapter III. Forms of Contracts

I.

II.

Rules Kinds of Formalities

Chapter IV. Reformation of Contracts

Chapter V. Interpretation of Contracts

Chapter VI. Defective Contracts

125

125

127

127

129

129

129

130

130

131

I.

Rescissible Contracts (Arts. 1380-1389)

131

II.

Voidable Contracts (Arts. 1390-1402)

132

III.

Unenforceable Contracts (Arts. 1403-

1408)

133

IV. Void or Inexistent Contracts (Arts. 1409-

1422)

134

III. Unenforceable Contracts (Arts. 1403- 1408) 133 IV. Void or Inexistent Contracts (Arts. 1409- 1422) 134

CIVIL LAW REVIEWER

PROPERTY

Table of Contents

CIVIL LAW REVIEWER PROPERTY Table of Contents Chapter I. Definition and Classification of Chapter VII. Usufruct
CIVIL LAW REVIEWER PROPERTY Table of Contents Chapter I. Definition and Classification of Chapter VII. Usufruct
CIVIL LAW REVIEWER PROPERTY Table of Contents Chapter I. Definition and Classification of Chapter VII. Usufruct

Chapter I. Definition and Classification of

Chapter VII. Usufruct

 

181

Property

 

137

I. Concept

181

I. Definition

137

II. Characteristics

181

II. Classification

137

III. Usufruct Distiguished from Lease and

Chapter II. Ownership

144

Servitude

 

181

I.

Definition

144

IV.

Classes of Usufruct

182

III.

Specific Rights under the Civil Code.144

V.

Rights

of

Usufructuary

184

IV.

Limitations on Real Right of Ownership

VI. Rights of the Naked Owner

186

146

VII. Obligations of the Usufructuary

187

Chapter III. Accession

147

VIII. Special Cases of Usufruct

190

I. Definition

 

147

IX. Extinguishment of Usufruct

192

II. General Principles of Accession

147

X. Conditions Not Affecting Usufruct

194

III. Kinds of

Accession

147

Chapter VIII. Easement

196

IV. Principles Governing Each Kind of

I. Concept

 

196

Accession

147

II. Essential Features

196

Chapter IV. Quieting of Title

152

III. Classification of Servitudes

197

I. In General

 

152

IV. General Rules Relating to Servitudes

II. Purpose

152

198

III. Nature: Quasi in Rem

152

V. Modes of Acquiring Easements

198

IV.

Requisites

152

VI. Rights and Obligations of Owners of

V.

Prescription of Action

153

Dominant and Servient Estates

199

Chapter V. Co-Ownership

154

VII.

Modes

of

Extinguishment of

I. Definition

 

154

Easements

 

200

II. Characteristics

154

VIII.

Legal Easements

202

III. Difference between Co-ownership and

Chapter IX. Nuisance

 

212

Joint Tenancy

 

155

I. Definition

212

IV.

Difference between Co-ownership and

II. Classes

212

Partnership

 

155

III. Liability in Case of Nuisance

213

V. Sources of Co-Ownership

155

IV. Regulation of Nuisances

214

VI. Rights of Each Co-owner over the Thing

Chapter X. Modes of Acquiring Ownership

or Property Owned in Common

157

217

VII.

Implication of Co-owner’s Right over

I. Mode v. Title

217

His Ideal Share

161

II. Mode

217

VIII.

Rules on Co-Ownership Not

Chapter XI. Donation

222

Applicable to

CPG or ACP

161

I. Nature

222

IX.

Special Rules on Ownership of Different

II. Requisites

222

Stories of a House as Differentiated from

III. Kinds

222

Provisions of the Condominium Act

162

IV. Who May Give or Receive Donations

X.

Extinguishment of Co-Ownership

166

223

Chapter VI. Possession

168

V. Who May Not Give or Receive

I. Definition

168

Donations

224

II. Degrees of Possession

169

VI. Acceptance

225

III. Classes of Possession

169

VII. Form

225

IV. Cases of Possession

169

VIII. May Be Donated

What

225

V. What

Things May be Possessed

170

IX. Effect

226

VI. What May Not Be Possessed by Private

X. Revocation and Reduction

227

Persons

171

Chapter XII. Lease

232

VII. Acquisition of Possession

171

I. General Characteristics

232

VIII. Effects of Possession

173

II. Kinds

232

IX. Effects of Possession in the Concept of

III. Lease of Things

232

Owner

177

X. Presumption in Favor of the

178

Possessor—for Acquisitive Prescription

CIVIL LAW REVIEWER

LAND TITLES and DEEDS

Table of Contents

LAW REVIEWER LAND TITLES and DEEDS Table of Contents Chapter I: Background, Basic Concepts and Chapter
LAW REVIEWER LAND TITLES and DEEDS Table of Contents Chapter I: Background, Basic Concepts and Chapter
LAW REVIEWER LAND TITLES and DEEDS Table of Contents Chapter I: Background, Basic Concepts and Chapter

Chapter I: Background, Basic Concepts and

Chapter

6:

System

of

Registration

of

General Principles

239

Unregistered Lands

 

261

I. Definitions and Basic Concepts

239

I. Key Points

261

II. Nature and stages

240

II. Procedure

261

III. Purpose of Registration

240

IV. Modes of Acquiring Land Titles

240

Chapter 7: Registration of Public Lands

262

V.

Jurisdiction

240

I.

Classification of Land of the Public

 

Domain

 

262

Chapter 2: Torrens Certificate of Title

241

II.

Nature of Title to Public Lands

I. Original Certificate of Title or OCT

241

Conveyed

 

262

II. Transfer Certificate of Title

241

III.

Procedure of Conveying Public Land to

III. Patents

241

a

Private Person

 

262

 

IV. Director of Lands: Quasi-judicial officer

Chapter 3: Original Registration

242

263

I. Laws Governing Land Registration

242

V. Modes of Alienating Public Lands:

263

II. Effect of Registration

242

VI. Patents

 

263

III. Original Registration Proceeding

242

IV. Attributes of and Limitation In Certificate

Chapter 8: Remedies of the Aggrieved Party

of Title and Registered Land (FIIC)

247

264

V.

Judicial Confirmation of Imperfect or

 

Incomplete Titles

249

Chapter 9: Reconstitution 0f Titles

266

 

I. Grounds

266

Chapter 4: Cadastral Registration

II. Petitions for Reconstitution

266

Proceedings

251

III. Duties of the Land Registration Authority

I. Steps in Cadastral Registration

266

Proceedings

252

IV. Effects of Fraud, Deceit and

 

Machination in the Reconstitution of Titles 266

Chapter 5: Subsequent Registration

253

I. Two Types of Dealings

253

II. Necessity and Effects of Registration

253

253

IV. Registration of Voluntary Instruments in

III. Voluntary vs. Involuntary Dealings

254

V. Registration of Deeds of Sale and

General

Transfers

255

VI. Mortgages and Leases

256

VII. Powers of Attorney; Trusts

257

VIII. Involuntary Dealings

257

255 VI. Mortgages and Leases 256 VII. Powers of Attorney; Trusts 257 VIII. Involuntary Dealings 257

CIVIL LAW REVIEWER

SALES

Table of Contents

CIVIL LAW REVIEWER SALES Table of Contents Chapter I. The Contract of Sale 269 I. Definition
CIVIL LAW REVIEWER SALES Table of Contents Chapter I. The Contract of Sale 269 I. Definition
CIVIL LAW REVIEWER SALES Table of Contents Chapter I. The Contract of Sale 269 I. Definition

Chapter I. The Contract of Sale

269

I. Definition (Art 1458, CC)

269

II. Elements

269

III. Stages

274

IV. Kinds of Sale

275

V. Form

276

VI. Sale Distinguished From Other

Contracts

 

276

Chapter

II.

Obligations

of

the

Seller

and

Buyer

278

I.

Obligations

of

the

Seller

278

II.

Obligations

of

the

Buyer

284

Chapter III. Double Sales

286

I. General Rule

 

286

II. Requisites

 

286

III. Rules

Governing

Sale

of

Movables,

Immovables and Unregistered Lands

286

Chapter IV. Risk of Loss

288

I. General Rule

288

II. Exceptions

288

Chapter V. Documents of Title

289

I. In General

289

II. Negotiable Documents of Title

289

III. Non-Negotiable Documents of Title

289

Chapter VI. Remedies of the Seller and Buyer

 

291

I. General Remedies (Art. 1191, CC)

291

II. Remedies of the Seller

291

III. Remedies of the Buyer

295

Chapter VII. Extinguishment of Sale

298

I. In General

298

II. Conventional Redemption

298

III. Equitable Mortgage

299

IV. Legal Redemption

300

Chapter VIII. Philippine Bulk Sales Law (Act

3952)

303

I.

Purpose

303

II.

Coverage

303

III.

Duty of Seller

303

IV.

Effect of non-compliance

304

Purpose 303 II. Coverage 303 III. Duty of Seller 303 IV. Effect of non-compliance 304

CIVIL LAW REVIEWER

CREDIT TRANSACTIONS

Table of Contents

CIVIL LAW REVIEWER CREDIT TRANSACTIONS Table of Contents Chapter I. General Principles 307 Chapter VIII.
CIVIL LAW REVIEWER CREDIT TRANSACTIONS Table of Contents Chapter I. General Principles 307 Chapter VIII.
CIVIL LAW REVIEWER CREDIT TRANSACTIONS Table of Contents Chapter I. General Principles 307 Chapter VIII.

Chapter I. General Principles

307

Chapter VIII. Concurrence and Preference of

I. Types of Credit Transactions

307

Credits

338

II. Security

307

I. General Provisions

338

III. Bailment

307

II. Classification of Credits

338

 

III. Preference of Credits

338

Chapter II. Loan (Arts. 1933-1961, CC)

309

I. Definition

309

II. Characteristics of a Loan

309

III. Kinds of Loan: In General

309

IV. Commodatum

309

V. Obligations of the Bailee in

310

VI. Obligations of the Bailor in

Commodatum

Commodatum

311

VII. Mutuum or Simple Loan

311

VIII. Interests

312

IX. The Usury Law

312

Chapter III. Deposit

314

I. Definition

314

II. Kinds of Deposit

314

III. Characteristics of Deposit

314

IV. Deposit Distinguished From Mutuum

and Commodatum

 

314

V. Obligations

of

the

Depositary

314

VI. Obligations

of

the

Depositor

317

VII. Extinguishment of Deposit (Art. 1995)

317

VIII. Necessary Deposit

317

IX. Judicial Deposit

318

Chapter IV. Guaranty

319

I. Definition

319

II. Characteristics

319

III. Classification

319

IV. Rules Governing Guaranty

319

V. Guaranty Distinguished from Others.322

VI. The Guarantor (Arts. 2056-2057)

322

VII. Effects of Guaranty

322

VIII. Extinguishment of Guaranty

325

Chapter V. Legal and Judicial Bonds

326

Chapter

VI. Suretyship

327

Chapter VII. Pledge, Mortgage, Antichresis

328

I. Essential Requisites Common to Pledge

and Mortgage (Art. 2085)

328

II. Pledge

329

III. Mortgage

332

IV. Foreclosure of Mortgage (Art. 2085).334

V.

336

Antichresis

329 III. Mortgage 332 IV. Foreclosure of Mortgage (Art. 2085).334 V. 336 Antichresis VI. Chattel Mortgage

CIVIL LAW REVIEWER

AGENCY

Table of Contents

CIVIL LAW REVIEWER AGENCY Table of Contents Chapter I. Nature, Form, and Kinds of Agency  
CIVIL LAW REVIEWER AGENCY Table of Contents Chapter I. Nature, Form, and Kinds of Agency  
CIVIL LAW REVIEWER AGENCY Table of Contents Chapter I. Nature, Form, and Kinds of Agency  

Chapter I. Nature, Form, and Kinds of Agency

 

341

I.

Definition [Art. 1868, CC]

341

II.

Purpose

341

III. Characteristics [CNPPBF]

342

IV. Essential Elements

342

V. Determination of Existence of Agency

342

VI. Agency v Similar Contracts

343

VII.

Kinds

344

Chapter II. Obligations of the Agent

348

I.

To Carry Out the Agency

348

III.

To Advance the Necessary Funds [Art.

1886, CC]

349

IV. To Act in Accordance with Principal’s

Instructions

V. To Prefer Interest of Principal Over

Personal Interest

VI. To Render Accounts and Deliver Things

Received by Virtue of the Agency

349

349

349

VII. To Be Responsible for Substitutes350

VIII.

IX. To Answer for His Negligence or Fraud

[Art. 1909, CC]

350

To Pay Interest

350

X. Special Obligations of Factor/

Commission Agents

350

Chapter III. Liabilities of the Agent

352

I. Liability to Third Persons

352

II. Liability to the Principal

352

III. Liability of Two or More Agents

353

Chapter IV. Obligations of the Principal

354

I. To Comply with the obligations

contracted by the agent

354

II. To Advance the Necessary Sums and

355

Reimburse the Agent

III. To Indemnify the Agent for Damages355

IV. To

Pay the Agent’s Compensation

356

V. To Be Solidarily Liable

356

Chapter V. Extinguishment of Agency

357

Extinguishment of Agency [EDWARD]

357

I. Expiration of the period for which it was

constituted

II. Death, civil interdiction, insanity,

357

insolvency

357

III. Withdrawal of the agent

357

IV. Accomplishment of the object of the

agency

357

V. Revocation

357

VI. Dissolution of the firm/corp. Which

of the agency 357 V. Revocation 357 VI. Dissolution of the firm/corp. Which entrusted/accepted the agency

CIVIL LAW REVIEWER

PARTNERSHIP

Table of Contents

CIVIL LAW REVIEWER PARTNERSHIP Table of Contents Chapter I. Nature, Creation, Kinds of III. Right to
CIVIL LAW REVIEWER PARTNERSHIP Table of Contents Chapter I. Nature, Creation, Kinds of III. Right to
CIVIL LAW REVIEWER PARTNERSHIP Table of Contents Chapter I. Nature, Creation, Kinds of III. Right to

Chapter I. Nature, Creation, Kinds of

III. Right to Lien or Retention, to Stand in

Partnership

361

Place of Creditor, to be Indemnified

377

I. Essential Features

361

IV.

Right of Retiring/Deceased Partner (Art.

II. Characteristics

362

1841, CC)

377

III. Distinctions

362

V.

Right of Account (Art. 1842, CC)

378

IV. Rules to Determine Existence

363

V. How Partnership is Formed

363

Chapter VIII. Rules on Settlement (Art. 1839,

VI. Partnership Term

363

CC)

379

VII. Kinds of Partnerships

363

 

Chapter IX. Limited Partnership

380

Chapter II. Obligations of the

I. Definition

380

Partnership/Partners Among Themselves 366

II. Forming/Amending a Limited

CRRAMP-LS

 

366

Partnership (Art. 1844, CC)

381

I.

Make Contributions as Promised

366

III. Limited Partner

382

III.

Manage the Partnership

367

IV. General Partner

384

IV.

Render Full

Information

368

V. Dissolution

384

V.

Account for

benefits

368

VI. Settling Accounts for Dissolution

385

VI.

Reimburse expenses

368

VII.

Liable for Partnership Contracts

368

VIII.

Solidarily Liable with Partnership.369

 

Chapter III. Obligations of the

Partnership/Partners as to Third Persons.370

LANN

I. Operate Under a Firm Name (Art. 1815, CC) 370

370

II. Bound

by

Partnership Admission

370

III. Bound by Notice Partner

370

IV. Liable for Acts of the Partnership

370

Chapter IV. Rights of Partners

371

I. Share in Losses and Profits

371

II. Associate Another in His Interest

371

III. Access to Partnership Books

371

IV. Obtain Formal Account

371

V. Property Rights

371

VI. Convery Real Property (Art. 1819, CC)

372

Chapter V. Rights of the Partnership

374

I. Acquire Immovables

374

II. Preference of Creditors

374

Chapter VI. Dissolution and Winding Up

375

I. Definitions

375

II. Causes for Dissolution

375

III. Consequences of Dissolution

375

IV. Partner’s Liability

376

Chapter VII. Rights of Partners Upon

Dissolution

377

I. Right to Wind Up

377

II. Right to Damages for or to Continue

377 I. Right to Wind Up 377 II. Right to Damages for or to Continue Business

CIVIL LAW REVIEWER

TORTS & DAMAGES

Table of Contents

CIVIL LAW REVIEWER TORTS & DAMAGES Table of Contents Chapter I. Introduction, Definitions 388 A. Tort
CIVIL LAW REVIEWER TORTS & DAMAGES Table of Contents Chapter I. Introduction, Definitions 388 A. Tort
CIVIL LAW REVIEWER TORTS & DAMAGES Table of Contents Chapter I. Introduction, Definitions 388 A. Tort

Chapter I. Introduction, Definitions

388

A. Tort and Quasi-Delict

 

388

B. Damages

 

389

Chapter II. Concept of Quasi-Delict

390

A. Elements

 

390

B. Distinguished

 

390

Chapter III. Negligence

392

A. Concept of Negligence

392

B. Degrees

of

Negligence

393

C. Proof of Negligence

 

393

D. Defenses

 

394

Chapter IV. Causation

 

396

A.

Proximate Cause

396

Chapter V. Persons Liable

399

A. The Tortfeasor

399

B. Vicarious Liability

399

C. Specific Liability

403

D. Joint and Solidary Liability

407

E. Civil Liability Arising From Crime

407

F.

Prescription

 

408

Chapter

VI.

Tortious

Interference

With

Contract

 

409

Chapter VII. Torts with Independent Civil

410

A. Violation of Civil and Political Rights.410

B. Defamation, Fraud, Physical Injuries 410

Action

Chapter VIII. Human Relations Provisions 413

A. Abuse of Rights

413

B. Acts Contra Bonus Mores

413

Other Torts

414

C. Dereliction of Duty

414

D. Illegal

Acts

414

E. Unfair

Competition

414

F. Violation of Human Dignity

414

Chapter IX. Damages

415

A. Definition and Concept

415

B. Kinds of Damages

415

of Human Dignity 414 Chapter IX. Damages 415 A. Definition and Concept 415 B. Kinds of

CIVIL LAW REVIEWER

PRIVATE INTERNATIONAL LAW

Table of Contents

LAW REVIEWER PRIVATE INTERNATIONAL LAW Table of Contents Chapter I. Introduction 427 Chapter XI. Property
LAW REVIEWER PRIVATE INTERNATIONAL LAW Table of Contents Chapter I. Introduction 427 Chapter XI. Property
LAW REVIEWER PRIVATE INTERNATIONAL LAW Table of Contents Chapter I. Introduction 427 Chapter XI. Property

Chapter

I. Introduction

427

Chapter XI. Property

447

Chapter

II. Jurisdiction

429

Controlling Law—Lex Situs/Lex Rei Sitae 447

I.

I.

Bases of Exercise of Judicial Jurisdiction

II. Exceptions to Lex Situs

 

447

429

III. Situs of Certain

Properties

447

II. Exercise

of Jurisdiction

429

III. Ways of Dealing with Jurisdiction in a

Chapter XII. Contracts

 

449

Conflicts Problem

430

I.

Extrinsic

Validity

of

Contracts

449

 

II.

Extrinsic

Validity

of

Contracts

449

Chapter III. Choice of Law

431

III. Capacity to Enter Into Contracts

449

I.

Approaches to Choice of Law

431

IV. Choice of

Law

Issues

in Conflicts

 

Contracts Cases

 

449

Chapter IV. Characterization

433

V. Limitation Choice of Law

450

I. Types of Characterization

433

VI. Applicable

Law

in

the

Absence of

II. Depecage

 

433

Effective Choice

 

450

Chapter V. Renvoi

434

Chapter XIII. Succession

451

I. Definition

434

I.

Extrinsic Validity (Arts. 17, 815-817, CC)

II. Ways of Dealing with Renvoi

434

451

 

II.

Intrinsic Validity

451

Chapter VI. Notice and Proof of Foreign Law

III.

Interpretation of Wills

451

 

435

IV.

Revocation

451

I. Proof of Foreign Law

435

V.

Probate

451

II. Exceptions to the Application of Foreign

VI.

Administration of Estates

452

Law 435

VII.

Trusts

452

Chapter VII. Nationality

436

Chapter XIV. Torts and Crimes

453

I. Determination of Nationality

436

I.

Torts

453

II. Procedure for Naturalization

436

II.

Crimes

454

III. Loss of Philippine Citizenship

437

IV. Problems in Applying the Nationality

Chapter XV. Torts and Crimes

455

Principle

438

I. Personal Law of Corporations

455

 

II. Domicile/Residence of Corporations 455

Chapter VIII. Domicile

439

III. Jurisdiction Over Foreign Corporations

I. Domicile

439

455

II. Comparative Merits and Demerits of

440

Domicile and Nationality

IV. Right of Foreign Corporations to Bring

Suit 456

Chapter IX. Principles on Personal Status

Chapter XVI. Foreign

Judgments

457

and Capacity

441

I. Recognition v. Enforcement

457

I. Definition

441

II. Bases of Recognition and Enforcement

II. Beginning and End of Personality

441

457

III. Absence

441

III. Policy of Preclusion Underlying

IV. Name

442

Recognition and Enforcement

457

V. Age of Majority

442

IV.

Requisites for Recognition or

VI. Capacity

442

Enforcement

 

457

 

V. Procedures for Enforcement

457

Chapter X. Family Relations

443

VI. Effect of Foreign Judgment in the

I. Marriage

443

Philippines

 

458

II. Divorce and Separation

445

III. Annulment and Declaration of Nullity 445

446

IV. Parental Relations

Divorce and Separation 445 III. Annulment and Declaration of Nullity 445 446 IV. Parental Relations V.

PERSONS & FAMILY RELATIONS

CIVIL LAW REVIEWER

TABLE of CONTENTS

& FAMILY RELATIONS CIVIL LAW REVIEWER TABLE of CONTENTS PERSONS & FAMILY RELATIONS Table of Contents
& FAMILY RELATIONS CIVIL LAW REVIEWER TABLE of CONTENTS PERSONS & FAMILY RELATIONS Table of Contents

PERSONS & FAMILY RELATIONS

Table of Contents

Chapter I. Civil Personality

3

III. Absolute

Community of Property

31

I. Concept and Classes of Persons

3

IV. Conjugal Partnership of Gains

34

II. Capacity to Act and Restrictions

Thereon

5

Chapter II. Citizenship and Domicile

8

I. Who are Filipinos

8

II. Domicile

8

Chapter III. Marriage

9

I. Definition and Nature of Marriage

9

II. Requisites of Marriage

9

III. Marriages Solemnized

Abroad

11

IV. Presumption of Marriage

11

Chapter IV. Void Marriages

13

I. Grounds

13

II. Period to File Action or Raise Defense

15

III.

Effects of Nullity

16

Chapter V. Voidable Marriages

18

I. Grounds for Annulment (Art. 45, FC)

18

II. Marriage When One Spouse Absent

21

III. Effects of Pending Actions/Decree

(Art. 49, FC)

IV. Voidable v. Void Marriage

V. Voidable v. Legal Separation

VI.

23

23

23

22

Jurisdiction

Chapter VI. Legal Separation, Divorce and De

24

I. Grounds for Legal Separation

II.

III. When to File/Try Actions

IV. Effects of Filing Petition for Legal

24

25

25

Facto Separation

Defenses

Separation

V. Effects of Decree for Legal Separation

25

 

25

VI.

Reconciliation

26

VII. Divorce

26

VIII. De Facto Separation

27

Chapter VII. Rights and Obligations Between

28

I. Obligations of Spouses (Arts. 68-71, FC)

Husband and Wife

28

II. Rights of Spouses (Arts. 72-73, FC)

28

III. Use of

Surname

28

Chapter

VIII.

Property

Relations

Between

Spouses

29

I.

General Provisions

 

29

V. Separation of Properties During

Marriage

VI. Property regime of unions without

marriage

39

38

Chapter IX. The Family and the Family Home

I. Family

II. Family Home

41

41

41

Chapter X. Paternity and Filiation

43

I. Kinds of Filiation

II. Impugning Legitimacy (Art. 166)

III. Proof of Filiation (Arts. 172 and 175 (1))

43

43

44

45

V. Rights of Legitimate and Illegitimate

IV. Legitimation (Arts. 177 and 182)

Children (SSS)

45

Chapter XI. Adoption

46

I.

46

II.

(Secs. 10-32)

1998

RA 8552: Domestic Adoption Act of

Adoption Procedure under RA 8552 IRR

47

RA 8043: Inter-Country Adoption Act of

49

III.

1995

Chapter XII. Support

51

I. Support

51

II. Who are Obliged to Support Each Other

(Art. 195)

III. Properties Answerable for Support (Art.

51

197-198)

52

IV.

Order of Support (SDAB)

52

Chapter XIII. Parental Authority

53

I. Parental Authority

53

II. Substitute and Special Parental

54

III. Suspension or Termination of Parental

Authority

Authority

55

IV.

Rights and Duties of Children

55

Chapter XIV. Funerals

56

I.

General Guidelines

56

2

55 Chapter XIV. Funerals 56 I. General Guidelines 56 2 II. Donations by Reason of Marriage

PERSONS & FAMILY RELATIONS

PERSONS & FAMILY RELATIONS

CIVIL LAW REVIEWER

Chapter I. CIVIL PERSONALITY

RELATIONS CIVIL LAW REVIEWER Chapter I. CIVIL PERSONALITY PERSONS & FAMILY RELATIONS TEAM Prof. Carolina
RELATIONS CIVIL LAW REVIEWER Chapter I. CIVIL PERSONALITY PERSONS & FAMILY RELATIONS TEAM Prof. Carolina

PERSONS & FAMILY RELATIONS TEAM

Prof. Carolina Austria

Faculty Editor

Anisah Azis

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Lead Writer

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Writers

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Loraine Mendoza

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Joie Bajo

Chapter I. Civil Personality

 

I. CONCEPT AND CLASSES OF PERSONS

 
 

A. NATURAL PERSONS

 

B. JURIDICAL PERSONS

 

II. CAPACITY AND RESTRICTIONS THEREON

 
 

A. PRESUMPTIONS OF CAPACITY

 

B. RESTRICTIONS

 
 

1. MINORITY

2. INSANITY

3. BEING DEAF-MUTE

 

4. PRODIGALITY

 

5. CIVIL INTERDICTION

 

6. FAMILY RELATIONS

 

7. ABSENCE

 

I.

Concept and Classes of Persons

 

Concept of Persons—

 
 

Personality is the quality derived from

 

being a person; persons.

it

is

an attribute of

Characteristics—

 

1.

It

is

not

a

being, but a

quality of certain

beings.

 

1.

It is not a physical element, but a juridical concept.

2.

It

is

not

an

object

of

contract,

or

of

possession,

and

cannot

be

impaired

by

agreement.

 

2.

It is a matter of public interest.

 

Article 37, Civil Code. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.

Kinds of Juridical Capacity—

 

1. Juridical Capacity:

 
 

aka as Legal Capacity/Personality = Fitness of man to be the subject of legal relations

It refers to the aptitude for the holding and enjoyment of rights.

It is inherent in every natural person and is lost only through death. This attaches to man by the mere fact of his being a man.

2. Capacity to Act:

 
 

It refers to the power to do acts with legal effect.

It is conditional and variable. It is

 

acquired and may be lost. It requires both intelligence and will.

Note: Juridical capacity can exist even without capacity to act; the existence of

3

PERSONS & FAMILY RELATIONS

CIVIL LAW REVIEWER

Chapter I. CIVIL PERSONALITY

RELATIONS CIVIL LAW REVIEWER Chapter I. CIVIL PERSONALITY the latter implies that of the former. The
RELATIONS CIVIL LAW REVIEWER Chapter I. CIVIL PERSONALITY the latter implies that of the former. The

the latter implies that of the former. The capacity or incapacity of persons depends upon the law. Both juridical capacity and capacity to act are not rights but qualities of persons; hence, they cannot be renounced.

A. Natural Persons (asked in ’99 bar exam)

General Rule: Birth determines personality (Art 40). Death extinguishes civil personality (Art

42).

Exception: a “conceived child shall be

considered born for all purposes that are FAVORABLE to it, provided it be born later” (Art 40, 2nd clause) with the following circumstances:

a. From the time it is completely delivered from the mother's womb.

b. But if the fetus had an intra-uterine life of less than seven months, it should survive for at least 24 hours after its complete delivery. (Art. 41, CC)

Article 40, Civil Code. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.

Birth = complete removal of the fetus from the mother’s womb; before birth, a fetus is merely part of the mother’s internal organs

Personality of Conceived Child—

1. Limited = only for purposes FAVORABLE to it

2. Conditional = it depends upon the child being born alive later

Period of Conception = the first 120 days of the 300 days preceding the birth of the child

A conceived child can acquire rights while still in the mother’s womb. It can inherit by will or by intestacy.

Geluz v CA, (1961)— An aborted fetus had conditional personality but never acquired legal rights/civil personality because it was not alive at the time of delivery from the mother’s womb. No damages can be claimed in behalf of the unborn child.

Complete

independent life

respiration

=

test/sign

of

Note: For a fetus that had an intra-uterine life of less than seven months, it is necessary that it lives for at least 24 hours, for it to be considered born.

Article 42, Civil Code. Civil personality is extinguished by death.

The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will.

People v. Tirol, (1981)— Criminal liability ends with death BUT civil liability may be charged against the estate.

4

Article 43, Civil Code. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other.

Note:

statutory

presumption when there is doubt on the

order of death between persons who are called to succeed each other (only).

Article

43

provides

a

Joaquin v. Navarro, (1948)— The statutory presumption of Article 43 was not applied due to the presence of a credible eyewitness as to who died first.

Presumption in the Rules of Court (Rule 123, sec. 69, par. ii)—

 

Age

Presumed Survivor

1. Both under 15

 

Older

2. Both above 60

 

Younger

3. One under 15, the other above 60

One under 15

Both

4. 15

over

and

Male

under

60;

different

sexes

5. Both over 15 and under 60; same sex

Older

6. One under 15 or over 60, the other between those ages

One between 15 and 60

Note: Applicable only to two or more persons who perish in the same calamity, and it is not shown who died first, and there are no particular circumstances from which it can be inferred.

Article 41, Civil Code For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.

months, it is not deemed born if it dies within twenty-four hours after its complete delivery

PERSONS & FAMILY RELATIONS

CIVIL LAW REVIEWER

Chapter I. CIVIL PERSONALITY

RELATIONS CIVIL LAW REVIEWER Chapter I. CIVIL PERSONALITY B. Juridical Persons Juridical Persons (Art 44, Civil
RELATIONS CIVIL LAW REVIEWER Chapter I. CIVIL PERSONALITY B. Juridical Persons Juridical Persons (Art 44, Civil

B. Juridical Persons

Juridical Persons (Art 44, Civil Code)—

1. The State and its Political subdivisions;

2. Other Corporations, Institutions and Entities for public interest or purpose, created by law;

3. Corporations, Partnerships, and Associations for private interest or purpose to which the law grants a juridical personality.

Governing Laws (Art 45, Civil Code)—

Juridical Person

Governed by

1. State

Constitution (defines its organization and limits its rights vis-à-vis citizens)

2. Political

Charter creating them

Subdivision

3. Public

Charter creating them

Corporation

4. Private

Corporation Code, Articles of Incorporation and By-Laws

Corporation

5. Partnerships

Stipulations of the parties and suppletorily by the general provisions on partnership of the Civil Code

Rules—

1. Juridical persons may acquire and possess property of all kinds, incur obligations, and bring civil or criminal actions (Art. 46, CC)

2. Upon dissolution of corporations or institutions and other entities for public interest, their property and assets shall be disposed of in pursuance of the law or charter creating them. (Art. 47, CC)

II.

Capacity

to

Act

and

Restrictions

Thereon

A. Presumption of Capacity

Standard Oil Co. v. Arenas, (1911)— Capacity to act is presumed until the contrary is proven, and that it be the reason for the specific act attributed. Proof of restriction: habituality, presence at the time, no other cause

Article 39, Civil Code. The following circumstances, among others, modify or limit capacity to act: age,

insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed

in this Code, other codes, the Rules of Court, and in

special laws.

Capacity to act is not limited on account of religious belief or political opinion.

A

married woman, twenty-one years of age or over,

is

qualified for all acts of civil life, except in cases

specified by law.

General Rule: Incapacitated persons are not exempt from certain obligations arising from his acts or property relations.

1.

Minority

5

RA 6809 (1989): An act lowering the age of majority from twenty-one to eighteen years.

Effects on Contracts—

a. they cannot give consent to a contract

[Art 1327 (1), CC]

b. a contract where one of the parties is a minor is voidable [Art 1390(1),CC]

c. a contract is unenforceable when both of the parties are minors (incapable of giving consent) [Art 1403(3), CC]

d. minority cannot be asserted by the other party in an action for annulment (Art 1397, CC)

e. not obliged to make restitution except insofar as he has been benefited (Art 1399, CC)

f. minor has no right to demand the thing/price voluntarily returned by him (Art 1426, CC)

g. minor has no right to recover voluntarily paid sum or delivered thing, if consumed in good faith (Art 1427, CC)

h. must pay reasonable amount for necessaries delivered to him (Art 1489,

CC)

B. Restrictions

imbecility, the state of being a deaf-mute, prodigality

capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements.

Article

38,

Civil

Code.

Minority,

insanity

or

and

civil

interdiction

are

mere

restrictions

on

Mercado v. Espiritu, (1918)— Estoppel works against minors who misrepresent their ages in a contract and are compelled to comply with its terms.

Bambalan v. Maramba, (1928)—

who misrepresent their ages in a contract and are compelled to comply with its terms. Bambalan

PERSONS & FAMILY RELATIONS

CIVIL LAW REVIEWER

Chapter I. CIVIL PERSONALITY

RELATIONS CIVIL LAW REVIEWER Chapter I. CIVIL PERSONALITY When a minor misrepresentation as to his minority
RELATIONS CIVIL LAW REVIEWER Chapter I. CIVIL PERSONALITY When a minor misrepresentation as to his minority

When a minor

misrepresentation as to his minority and such minority is known to the other party, the contract is voidable (Art 1403) as to the minor.

active

made

no

Braganza v. Villa Abrille, (1959)— Minors are obliged to make restitution insofar as they have been benefited (Art

1399)

Effects on Marriage—

a. May not yet contract marriage (Art 5, FC)

b. marriages, where one of the parties is below 18, even with the consent of parents/guardians, are VOID (Art 35, FC)

read personally by him or communicated

to him by 2 persons (Art 807, CC)

c. cannot be a witness to the execution of

a will (Art 820, CC)

4. Prodigality

Martinez v. Martinez, (1902)—

A spendthrift or a prodigal is “a person,

who, by excessive drinking, gambling, idleness or debauchery of any kind shall so spend, waste or lessen his estate as to expose himself or his family to want or suffering.” The acts of prodigality

must show a morbid state of mind.

Note: It is