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CIVIL LAW Pre-Week Notes Persons & Family Relations
CIVIL LAW Pre-Week Notes Persons & Family Relations
CIVIL LAW
CIVIL LAW
Q:
A:
1)
2)
3)
4)
5)
6)
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A: Filipino Citizens may adopt provided he/she is of legal age; is in possession of full civil capacity and legal rights;
of good moral character; has not been convicted of any crime involving moral turpitude; is emotionally and
psychologically capable of caring for children; is at least sixteen (16) years older than adoptee, except when adopter
is biological parent of the adoptee or is the spouse of the adoptees parent; and is in a position to support and care for
his/her children in keeping with the means of the family.
Aliens may also adopt Filipino children provided that he/she possesses the same qualifications for Filipinos but is at
least twenty seven (27) years old, and that, his/her country has diplomatic relations with the Philippines; he/she has
been living continuously for 3 years in the Philippines prior to the filing of application and maintains such residence
until the decree is entered; he/she has been certified by his/her diplomatic or consular office or any appropriate
government agency that he/she has the legal capacity to adopt in his/her country; his/her government allows the
adoptee to enter his/her country as his/her adoptee; and he/she has submitted all the necessary clearances and such
certifications as may be required.
Q: What are the effects of adoption?
A: In the event of adoption, all legal ties between biological parents and adoptee are severed, and the same shall
be vested on the adopter, except if the biological parent is the spouse of the adopter. The adoptee shall be
considered legitimate son/daughter of the adopter for all intents and purposes and shall be entitled to all the rights
and obligations provided by law to legitimate children born to them without discrimination of any kind. Further, the
adopter and adoptee shall have reciprocal rights of succession without distinction from legitimate filiation, in legal and
intestate succession. If adoptee and his/her biological parents had left a will, the law on testamentary succession
shall govern.
Q: May the adopter/s rescind an adoption?
A: NO. Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter/s (Sec 19,
RA 8552).
Q: Who may rescind and adoption and for what grounds?
A: The adopted may request for rescission, with the assistance of DSWD, if a minor, or over 18 but incapacitated,
on any of the following grounds:
(1) repeated physical and verbal maltreatment despite having undergone counseling,
(2) attempt on life of adoptee,
(3) sexual assault or violence, and
(4) abandonment or failure to comply with parental obligations (Sec 19, RA 8552).
Q: Where is application for inter-country legal adoption filed?
A: Application shall be filed with the Philippine Regional Trial Court having jurisdiction over the child, or with the
Inter-Country Adoption Board, through an intermediate agency, whether governmental or an authorized and
accredited agency, in the country of the prospective adoptive parents.
Q: What consists of support?
A: Support consists of everything indispensable for sustenance, dwelling, clothing, medical attendance, education
and transportation, in keeping with the financial capacity of the family. The right and duty to support, especially the
right to education, subsists even beyond the age of majority.
Q: How is support given?
A: Support is given by payment of the amount or by accepting the recipient in the home of the provider, unless there
is a legal or moral obstacle from doing so.
Q: What is the tender years presumption?
A: No child under seven (7) years of age shall be separated from the mother, unless the court finds compelling
reasons to order otherwise (Art. 213, FC). Examples of compelling reasons include the following instances: when the
mother is insane, or with a communicable disease that might endanger the life or health of the child, or is maltreating
the child; or has another child by another man who lives with her (Art 363, CC)
Succession
Q: What is succession?
A: It is a mode of acquiring ownership by virtue of which the inheritance of a person is transmitted through his death
to another or others either by his will or by operation of law. (Art 774)
Q: What are transmitted in succession?
A: All the property, rights and obligations of a person which are not extinguished by death. (Art 776) In short, only
transmissible rights and obligations pass by succession.
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7.
Acknowledged before a notary public by the testator and the witnesses (Art. 806, CC)
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A: When the testator institutes some heirs individually and others collectively as when he says, "I designate as my
heirs A and B, and the children of C," those collectively designated shall be considered as individually instituted,
unless it clearly appears that the intention of the testator was otherwise (Art 847).
Q: What does the principle of simultaneity of institution mean?
A: When the testator calls to the succession a person and his children they are all deemed to have been instituted
simultaneously and not successively (Art 849).
Q: May an institution made on the basis of false cause take effect?
A: The general rule is that the false cause is deemed not written and the institution shall take effect. However, if the
testator would not have made the institution had he known the false cause, the institution shall not take effect.
Q: What is the doctrine of dependent relative revocation?
A: The rule that where the act of destruction is connected with the making of another will so as to fairly raise the
inference that the testator meant the revocation of the old to depend upon the efficacy of the new disposition intended
to be substituted, the revocation will be conditional and dependent upon the efficacy of the new disposition; and if for
any reason, the new will intended to be made as a substitute is inoperative, the revocation fails and the original will
remain in full force. (Molo v Molo 1951)
Q: What is probate?
A: It is a special proceeding required to establish the validity of a will and in order to pass real or personal property.
Q: Can the probate court inquire into the intrinsic validity of testamentary provisions?
A: The general rule is that in probate proceedings, the probate court cannot inquire into the intrinsic validity of
testamentary provisions. Only the extrinsic validity of such wills may be examined. This rule however admits of certain
exceptions:
1. Nuguid v. Nuguid (1966): The Supreme Court, passing on the intrinsic validity of the will in the probate
proceedings, ruled that there being no devise or legacy, the institution of heir is totally annulled.
2. Acain vs Diongson (1987): When the will is intrinsically void, on its face such that to rule on its formal validity
would be a futile exercise
3. Valera vs. Inserto, (1987): Claimants are all heirs, and they consent, either, expressly or impliedly, to the
submission of the question of intrinsic validity to the court.
4. Pastor vs. CA, (1983): Probate court may pass upon the title thereto, but such determination is provisional and
not conclusive, and is subject to the final decision in a separate action to resolve title.
Q: What are the grounds for disallowance of a will?
A: Art 839 CC in relation to Rule 76, Section 9 provides the exclusive list of grounds for disallowance of a will
(FIFUSM):
1. If the Formalities required by law have not been complied with;
2. If the testator was Insane or otherwise mentally incapable of making a will at the time of its execution;
3. If it was executed through Force or under duress, or the influence of fear, or threats;
4. If it was procured by Undue and improper pressure and influence, on the part of the beneficiary or some other
person;
5. If the Signature of the testator was procured by fraud; or
6. If the testator acted by Mistake or did not intend that the instrument he signed should be his will at the time
affixing his signature thereto.
Q: What is the difference between revocation and disallowance?
A:
Revocation
Disallowance
Voluntary Act of the Testator
Given by Judicial Decree
With or Without Cause
Must always be for a legal cause
May be partial or total
Always total, except when the ground of fraud of
influence for example affects only certain portions of the
will
Q: What are the classes of substitution?
A:
1. Simple or Common or Vulgar
The testator may designate one or more persons to substitute the heir/s instituted in case the heirs should:
1. die before him (predecease),
2. should not wish to accept the inheritance (repudiation), or
3. should be incapacitated to accept the inheritance (incapacitated). (Art. 859, CC)
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2.
3.
Reciprocal
If the heirs instituted in unequal shares should be reciprocally substituted, the substitute shall acquire the share
of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the testator was
otherwise. If there is more than one substitute, they shall have the same share in the substitution as the
institution.
4.
Fideicommissary
If the testator institutes an heir with an obligation to preserve and to deliver to another the property so inherited.
The heir instituted to such condition is called the First Heir or the Fiduciary Heir; the one to receive the property is
the fideicommissary of the second heir. (Art. 863, CC)
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A:
1.
2.
3.
4.
Neri vs. Akutin (1941): When there are no devises and legacies, preterition will result in the annulment
of the will and give rise to intestate succession.
Q: What are the requisites for Reserva Troncal?
A: The requisites for reserva troncal are:
1. That the property was acquired by a descendant (Prepositus) from an ascendant or from a brother or sister
(Source) by gratuitous title,
2. That the Prepositus died without an issue,
3. That the property is inherited by another ascendant (Reservista) by operation of law, and
rd
4. That there are relatives within the 3 degree (Reservatarios) belonging to the line from which said property
came.
Q: How may the reserva be extinguished?
A: The reserva may be extinguished by: (DaDaLaRP)
1. Death of the reservista
2. Death of all the relatives within the third degree belonging to the line from which the property came
3. Loss of the reservable property
4. Renunciation by the reservatarios
5. Prescription, when the reservista holds the property adversely against the reservatarios, as free from
reservation
Q: What are the requisites for a valid disinheritance?
A:
1. Heir disinherited must be designated by name or in such a manner as to leave no room for doubt as to who is
intended to be disinherited.
2. It must be for a cause designated by law.
3. It must be made in a valid will.
4. It must be made expressly, stating the cause in the will itself.
5. The cause must be certain and true, and must be proved by the interested heir if the person should deny it.
6. It must be unconditional.
7. It must be total.
Q:
A:
1.
2.
3.
4.
5.
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3.
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4.
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5.
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6.
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7.
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8.
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9.
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15. Surviving spouse and illegitimate brothers and sisters, nephews and nieces
Surviving spouse gets of the estate while the rest gets the other with the nephews and nieces inheriting by
representation, if proper; Note that all the other relatives should be illegitimate because of the iron-curtain rule.
(Art. 994,CC)
16. Illegitimate parents only
Entire estate goes to the illegitimate parents. (Art 993, CC)
17. Illegitimate parents and children of any kind (whether legitimate or illegitimate child)
Illegitimate parents are excluded and do not inherit; For the rule on the respective shares of the children, see
numbers 1, 2 or 10, whichever is applicable.
18. Legitimate brothers and sisters only
Divide the entire estate such that full-blood brothers/sisters gets a share double the amount of a half-blood
brother or sister. (Art. 1004 and 1006, CC)
19. Legitimate brothers and sisters, nephews and nieces
Divide the entire estate observing the 2 is to 1 ratio for full and half blood relationships with respect to the
brothers and sisters, with the nephews and nieces inheriting by representation, if proper. (Art. 1005 & 1008, CC)
20. Nephews and nieces only
Divide the entire estate per capita, observing the 2 is to 1 ratio in case of full blood and half blood. (Arts. 975 and
1008, CC)
21.
-
22. State
If there are no other intestate heirs, the State inherits the entire estate through escheat proceedings. (Art. 1011,
CC)
Q: What is accretion?
A: It is a right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the
part assigned to one who renounces or cannot receive his share or who died before the testator is added or
incorporated to that of his co-heirs, co-devisees, or co-legatees (Art 1015).
Q: Differentiate acceptance and repudiation of inheritance:
A:
1. Acceptance involves the confirmation of transmission of successional rights, while repudiation renders such
transmission ineffective.
2. Repudiation is equivalent to an act of disposition and alienation.
3. The publicity required for repudiation is necessary for the protection of other heirs and also of creditors.
Q: What are the forms of tacit acceptance?
A: Under Article 1050, the following are forms of tacit acceptance.
1. when the heir sells, donates or assigns his right
2. when the heir demands partition of the inheritance
3. when the heir alienates some objects of the inheritance, etc.
Q: How is implied acceptance made?
A: Within thirty days after the court has issued an order for the distribution of the estate in accordance with the
Rules of Court, the heirs, devisees and legatees shall signify to the court having jurisdiction whether they accept or
repudiate the inheritance; if they do not do so within that time, they are deemed to have accepted the inheritance. (Art
1057, CC)
Q: How is inheritance repudiated?
A: Repudiation may be made:
1. in a public instrument acknowledged before a notary public; or
2. in an authentic document equivalent of an indubitable writing or a writing whose authenticity is admitted or
proved; or
3. by petition presented to the court having jurisdiction over the testamentary or intestate proceeding
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Q: What is the effect of repudiation by heirs who are heirs in two capacities?
A: If a person is called to the same inheritance as an heir by will and by law and he repudiates the inheritance in his
capacity as a testamentary heir, he will be considered to have also repudiated the inheritance as a legal heir.
If he repudiates it as a legal heir, without his being a testamentary heir, he may still accept it in the latter capacity (Art
1055)
Q: What is collation?
A: It is the act by virtue of which, the compulsory heir who concurs with other compulsory heirs in the inheritance
bring back to the common hereditary mass the property which they may have received from the testator so that a
division may be effected according to law and the will of the testator.
Except, if the donor have so expressly provided or if the donee should repudiate the inheritance UNLESS the
donation should be reduced as inofficious.
Q: What properties are not subject to collation?
A:
1. Expenses for support, education (only elementary and secondary), medical attendance, even in extraordinary
illness, apprenticeship, ordinary equipment, or customary gifts. (Art. 1067, CC)
2. Expenses incurred by parents in giving their children professional, vocational or other career unless the parents
so provide, or unless they impair the legitime. (Art. 1067, CC)
3. Wedding gifts by parents and ascendants, consisting jewelry, clothing and outfit, except when they exceed 1/10
of the sum disposable by will. (Art. 1070, CC)
4. Donations to the spouse of the child; but if they have been given by the parent to the spouses jointly, the child
shall be obliged to bring to collation one-half of the thing donated. (Art. 1066, CC)
5. Parents are not obliged to bring to collation in the inheritance of their ascendants any property which may have
been donated by the latter to their children. (Art. 1065, CC)
Q: What are the instances when partition could not be demanded?
A:
1. When expressly prohibited by the testator for a period not exceeding 20 years (Art 1083, CC)
2. When the co-heirs agreed that the estate shall not be divided for a period not exceeding 10 years, renewable for
another 10 years (art. 494, CC)
3. When prohibited by law
4. When to partition the estate would render it unserviceable for the use for which it is intended
Q: What is the effect of a partition legally made?
A: A partition legally made confers upon each heir the exclusive ownership of the property adjudicated to him.
Important periods in succession:
1 month or less before making a will
20 years
5 years from delivery to the State
1 month
10 years
CIVIL LAW
Contract
Quasi-Contract
Delict (Crime), and
Quasi-Delict
Q: What are the different types of breach of obligation?
A: Fraud (Dolo),
Negligence (Culpa),
Delay or Default (Mora)
Contravention of the Tenor
Q: What are the primary remedies of the creditor in case of breach of obligation by the debtor?
A: PRESS.
Specific performance;
Substituted performance;
Equivalent performance;
Rescission;
Pursue property of debtor
Q: What is the doctrine of constructive fulfillment of condition?
A: ART. 1186. The suspensive condition shall be deemed fulfilled when the debtor voluntarily and willfully prevented
its fulfillment.
Q: What is a potestative condition and which case does it render an obligation void?
A: It is a condition which depends on the will of one of the contracting parties for its fulfillment. ART. 1182.
A Suspensive Potestative Condition dependent upon the sole will of the debtor renders the obligation void.
Q: What are the modes of extinguishment of obligations in Article 1231?
A:
1. Payment or performance
2. Loss of the thing due
3. Condonation or remission
4. Confusion or merger
5. Compensation
6. Novation
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contracting parties must have clearly and deliberately stipulated the same and mere incidental benefit or interest of
the third person is not sufficient.
Q: What are the essential requisites of a contract?
A: ART. 1318. Consent, Object, Cause
Q: What is an option contract?
A: ART. 1324. A preparatory contract whereby the offeror, for a consideration, grants the offeree a certain period to
accept the principal contract.
Q: Who are incapable of giving consent to a contract?
A: ART. 1327. Minors, Insane or demented persons and deaf-mutes who do not know how to write
Q: What are the vices of consent?
A: ART. 1330. MIVUF. Mistake, Intimidation, Violence, Undue Influence, Fraud
Q: What are the different causa of contracts?
A: Onerous Contracts respective prestation of each contracting party; Remuneratory Contracts service or benefit
remunerated; Gratuitous Contracts mere liberality
Q: What are the different defective contracts?
A: Rescissible Contracts, Voidable Contracts, Unenforceable Contracts, Void Contracts
Rescissible Contracts (Art 1381):
(1) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than
one-fourth of the value of the things which are the object thereof;
(2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number;
(3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them;
(4) Those which refer to things under litigation if they have been entered into by the defendant without the
knowledge and approval of the litigants or of competent judicial authority;
(5) All other contracts specially declared by law to be subject to rescission
Voidable Contracts (Art 1390):
(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud
Unenforceable Contracts (Art 1403):
(1) Those entered into in the name of another person by one who has been given no authority or legal
representation, or who has acted beyond his powers;
(2) Those that do not comply with the Statute of Frauds as set forth in this number. In the following cases an
agreement hereafter made shall be unenforceable by action, unless the same, or some note or memorandum,
thereof, be in writing, and subscribed by the party charged, or by his agent; evidence, therefore, of the
agreement cannot be received without the writing, or a secondary evidence of its contents:
(a) An agreement that by its terms is not to be performed within a year from the making thereof;
(b) A special promise to answer for the debt, default, or miscarriage of another;
(c) An agreement made in consideration of marriage, other than a mutual promise to marry;
(d) An agreement for the sale of goods, chattels or things in action, at a price not less than five hundred pesos,
unless the buyer accept and receive part of such goods and chattels, or the evidences, or some of them, of
such things in action or pay at the time some part of the purchase money; but when a sale is made by
auction and entry is made by the auctioneer in his sales book, at the time of the sale, of the amount and kind
of property sold, terms of sale, price, names of the purchasers and person on whose account the sale is
made, it is a sufficient memorandum;
(e) An agreement of the leasing for a longer period than one year, or for the sale of real property or of an
interest therein;
(f) A representation as to the credit of a third person
(3) Those where both parties are incapable of giving consent to a contract.
Void Contracts (Art 1409):
(1) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy;
(2) Those which are absolutely simulated or fictitious;
(3) Those whose cause or object did not exist at the time of the transaction;
(4) Those whose object is outside the commerce of men;
(5) Those which contemplate an impossible service;
(6) Those where the intention of the parties relative to the principal object of the contract cannot be ascertained;
(7) Those expressly prohibited or declared void by law.
CIVIL LAW
Property
OWNERSHIP
What actions can be filed to recover property?
Movable Property
o WRIT OF REPLEVIN: for manual delivery of property
Prescription of Right: 4 years (GF) or 8 years (BF) from time the possession is lost (Art 1140)
Immovable Property
o ACCION REIVINDICATORIA: Recovery of ownership of real property
Also, actions for ejectment not filed within 1 year must be filed as accion publiciana
ACCESSION
SUMMARY OF BUILDER, PLANTER AND SOWER PROVISIONS (ART. 447-455)
Case 1: Landowner is BPS using material of another
Landowner and BPS
Owner of Material
Good faith
Good faith
Right to acquire the improvements after paying the
Limited right of removal if there would be no injury to
value of materials.
work constructed, or without plantings or
constructions being destroyed. (Article 447)
Right to receive payment for value of materials
Bad faith
Good faith
Acquire BPS after paying its value and paying
Right to receive payment for value of materials
indemnity for damages (Article 447) but subject to
Absolute right of removal of the work constructed in
OMs right to remove
any event
Right to be indemnified for damages
Good faith
Bad faith
Right to acquire the improvements without paying
Lose materials without right to indemnity
indemnity
Right to acquire indemnity for damages if there are
hidden defects known to OM
Bad faith
Bad faith
Same as though acted in good faith under Art. 453
Same as though acted in good faith under Article 453
Case 2: BPS builds, plants, or sows on anothers ;and using his own materials
Landowner
BPS and Owner of Material
Good faith
Good faith
Landowner has option to:
BPS has right to retain (right of retention) the land
a. Acquire the improvement after paying indemnity
until the payment of indemnity
which may be the original cost of improvement OR
increase in value of the whole brought about by the
NOTE: During this period BPS is not required to pay
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improvement
b. Sell the land to the BP or collect rent from sower
UNLESS value of land is more than the thing built,
planted or sown or BP shall pay rent fixed by parties
or by the court in case of disagreement.
NOTE: Landowner can be forced to choose under pain of
direct contempt or court can choose for him.
Good faith
Landowner has right to collect damages in any case
and option to:
a. Acquire improvements without paying indemnity if the
improvements are still standing on the land
b. Sell the land to BP or collect rent from the sower
unless value of the improvements in which case
there will be a forced lease
c. Order demolition of improvements or restoration of
land to its former condition at the expense of the BPS
Landowner must pay for necessary expenses for
preservation
Bad faith
Landowner must indemnify BPS for the improvements
and pay damages as if he himself did the BPS
Landowner has no option to sell the land and cannot
compel BPS to buy the land unless BPS agrees to
Bad faith
Same as though acted in bad faith under Article 453
Bad faith
Pay damages to landowner
BPS lose materials without right to indemnity
No right to refuse to buy the land
Recover necessary expenses for preservation of land
Good faith
BPS has right to :
a. Be indemnified for damages
b. Remove all improvements in any event
Bad faith
Same as though acted in bad faith under Article 453
Case 3: BPS builds, plants or sows on anothers land with materials owned by third persons
Landowner
BPS
Owner of Material
Good faith
Good faith
Good faith
Right to acquire improvements and
Right of retention until necessary Collect value of material primarily
pay indemnity to BPS; subsdiarily
and useful expenses are paid
from BPS and subsidiarily liable for
liable to OM
landowner if BPS is insolvent
Pay value of materials to OM
Has option to:
Limited right of removal
a. Sell land to BP except if the
value of the land is
considerably more
b. Rent to sower
Good faith
Good faith
Bad faith
Right to acquire improvements and
Right of retention until necessary Lose the material without right to
pay indemnity to BPS
and useful expenses are paid.
indemnity
Has option to:
Keep BPS without indemnity to
Must pay for damages to BPS
a. Sell land to BP except if the
OM and collect damages from
value of the land is considerably
him
more
b. Rent to sower
Without subsidiarily liability for cost
of materials
Good faith
Bad faith
Bad faith
Landowner has right to collect
Recover necessary expenses for Recover value from BPS (as if both
damages in any case and option
preservation of land from
are in good faith)
to:
landowner unless landowner
If BPS acquires improvement,
a. Acquire improvements w/o
sells land
remove materials if feasible w/o
paying for indemnity; or
injury
b. Demolition or restoration; or
No action against landowner but
c. Sell to BP, or to rent to sower
liable to landowner for damages
Pay necessary expenses to BPS
Bad faith
Bad faith
Bad faith
Same as when all acted in good
Same as when all acted in good
Same as when all acted in good
faith under Article 453
faith under Article 453
faith under Article 453
Bad faith
Good faith
Good faith
Acquire improvement after paying
May remove improvements
Remove materials if possible w/o
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Landowner
indemnity and damages to BPS
unless latter decides to remove
Subsidiarily liable to OM for value
of materials
Bad faith
Acquire improvements after
indemnity; subsidiarily liable to OM
for value of materials
Has option to:
a. Sell the land to BP except if the
value of the land is considerably
more
b. Rent to sower
Good faith
Acquire improvement after paying
indemnity; subsidiarily liable to OM
Landowner has option to:
a. Sell land to BP except if value of
land is considerably more
b. Rent to sower
BPS
Be indemnified for damages in
any event
Owner of Material
injury
Collect value of materials from BPS;
subsidiarily from landowner
Bad faith
Right of retention until necessary
expenses are paid
Pay value of materials to OM
and pay him damages
Good faith
Collect value of materials primarily
from BPS and subsidiarily from
landowner
Collect damages from BPS
If BPS acquires improvements,
remove materials in any event
Bad faith
Right of retention until necessary
expenses are paid
Pay value of materials to OM
Pay damages to OM
Bad faith
Good faith
Good faith
Collect value of materials primarily
from BPS and subsidiarily from
landowner
Collect damages from BPS
If BPS acquires improvements,
absolute right of removal in any
event
Bad faith
No right to indemnity
CO-OWNERSHIP
What is co-ownership?
There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons (Art. 484).
What are the rights of each co-owner over the thing or property owned in common?
1. To use the thing according to the purpose intended (Art. 486)
2. To share in the benefits in proportion to his interest provided the charges are borne by each in the same
proportion (Art. 485)
3. To bring an action in ejectment (Art. 487)
4. To compel the other co-owners to contribute to the expense for preservation of the property owned in common
and to the payment of taxes (Art. 488)
5. To oppose any act of alteration (Art. 491)
6. To protest against acts of majority which are seriously prejudicial to the minority (Art. 493, par. 3)
7. To exercise legal redemption (Art. 1620, 1623)
8. To ask for partition (Art. 494)
POSSESSION
Define possession.
Possession is the holding of a thing or the enjoyment of a right (Art. 523)
What rules are observed to solve conflicts of possession?
In case of conflicting possession, preference is given to:
1. Present possessor or actual possessor.
2. If there are 2 or more possessors, the one longer in possession.
3. If the dates of possession are the same, the one who presents a title.
4. If all conditions are equal, the thing shall be placed in judicial deposit pending determination of possession or
ownership through proper proceedings. (Art. 538)
LEASE
What are the rights and obligations of a lessor?
Art. 1654 provides for the obligations of a lessor.
(a) Deliver the thing which is the object of the contract in a condition fit for the use intended.
(b) Make on the thing all the necessary repairs in order to keep it suitable for the use to which it has been devoted,
unless there is a stipulation to the contrary.
(c) Maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract.
CIVIL LAW
The lessor has the right to ask for rescission in case the lessee does not fulfill his obligations as set forth in Art. 1657.
(Art. 1659)
What are the rights and obligations of a lessee?
Art. 1657 provides for the obligations of a lessee.
(a) Pay the price of the lease according to the terms stipulated.
(b) Use the thing leased as a diligent father of a family, devoting it to the use stipulated, and in the absence of
stipulation according to the nature of the thing leased and custom of the place.
(c) Pay for the expenses for the deed of lease.
The lessee has the right to suspend payment of rentals in case the lessor fails to make the necessary repairs or to
maintain the lessee in peaceful and adequate enjoyment of the property leased. (Art. 1658) the lessee also has the
right to ask for rescission of the lease contract in case the lessor fails to fulfill his obligations set forth in Art. 1654.
(Art. 1659)
NUISANCE
What is a Nuisance?
A nuisance is any act, omission, establishment, business, condition of property, or anything else which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or
(5) Hinders or impairs the use of property. (Art. 694)