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Law Professor, Ateneo de Manila Law School, Lyceum of the Philippines & UE College of Law; Pre-Bar Reviewer, UP Law Center; Pre-week Reviewer on all subjects, Global Best Practice; Private Law Practitioner, De Castro and Cagampang Law Offices, 7th Floor, LTA Bldg., 118 Perea St., Legaspi Village, Makati City, Tel. No. (02) 892-1277 / Telefax No. (02) 816-2380, Email ad: firstname.lastname@example.org
1) A and B get married without a marriage license on the representation that they have been cohabiting as husband and wife for more than 5 years. a) If A and B have in fact cohabited for only 2 years instead of 5 years, what is the status of their marriage? Ans: Null and void. A marriage celebrated without the formal requisite of a marriage license and without the parties complying with requirement in Article 76, that they should have lived together as husband and wife for at least five years so as to be excepted from the requirement of a marriage license, is void. The falsity of the allegation in the sworn affidavit relating to the period of the parties’ cohabitation, which would have qualified their marriage as an exception to the requirement for 2 marriage license, cannot be a mere irregularity, for it refers to a quintessential fact that the law precisely required to be deposed and attested to by the parties under oath. (Rep. v. Jose Dayot, G.R. No. 175581; Dayot v. Dayot, G.R. No. 179474, March 28, 2008)
b) If A and B have indeed cohabited for 5 years, but during the first 3 years of their cohabitation, A was
incapacitated to marry, being a married man whose legal wife died only after the first three years of A’s cohabitation with B. Is the marriage of A and B without a marriage licensed valid? Explain. Ans: The marriage is valid. As long as there was cohabitation for 5 years, it does not matter that there was an impediment during the period of cohabitation, as long as there is no legal impediment at the time of the marriage.
2) May a petition for declaration of absolute nullity of a marriage be filed by a party other than the husband
or the wife? Ans: Yes, by an intestate compulsory heir to protect his successional rights, in a proceeding for the settlement of the estate of the deceased spouse, not in a proceeding for declaration of nullity of the marriage. The new rule took effect on March 15, 2003 and has prospective application. (Juan de dios Carlos vs. Felicidad Sandoval, G.R. No. 179922, December 16, 2008)
3) May a family home be the subject of immediate partition by the heirs? Ans: No, except for compelling reasons. The family home is shielded from immediate partition under Article 159 of the Family Code, which imposes the proscription against the immediate partition of the family home regardless of its ownership. The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary, and the heirs cannot partition the same unless the court finds compelling reasons thereof. This rule shall apply, regardless of whoever owns the property or constituted the family home (Arriola vs. Arriola, G.R. No. 177703, January 23, 2008) Even if the family home has passed by succession to the co-ownership of the heirs, or has been willed to any one of them, this fact alone dispels the protection cast upon it by the law. The rights of the individual co-owner of the family home cannot subjugate the rights granted under Article 159 to the beneficiaries of the family home. (Arriola vs. Arriola, G.R. No. 177703, January 23, 2008)
PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Arturo M. de Castro(Ll.B., Ll.M., SJD)
4) Who is the best person to determne the gender or sex of a biologically or naturally intersex person? Ans: The person himself or herself, upon reaching the age of majority. “To him belongs the human right to the pursuit of happiness and of health”. He or she has the choice of the course of action to take along the path of his/her sexual development and maturation. ( Republic vs. Jennifer B. Cagandahan, G.R. No. 166676, September 12, 2008)
5) Is a lessee a builder in good faith? Ans: No, his right is governed by Art. 1678 of the Civil Code. The lessor has the option to keep the improvements introduced in good faith. The lessee may remove the improvements if the lessor refuses to make such reimbursement. (Sulo sa Nayon, Inc. vs. Nayong Filipino Foundation, G.R. No. 170923, January 20, 2009)
6) May a partition agreement based on an unprobated will be honored? Ans: No. Art. 838 of the Civil Code mandates that no will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. As the will was not probated, the Partition Agreement which was executed pursuant thereto cannot be given effect. (Rodriguez vs. Rodriguez, G.R. No. 175720, September 11, 2007)
7) Is a will paged with A, B, C instead of 1, 2, 3 valid? Ans: Yes. It is sufficient safeguard against omission of some pages. (Samaniego-Celada vs. Abena, G.R. No. 145545, June 30, 2008)
8) Is a sale agreement stipulating that the seller retained ownership despite delivery until payment of the price a contract to sell or a conditional sale? Ans: A Memorandum of Agreement which provides an implicit agreement that the seller retained ownership regardless of whether or not there was delivery is a contract to sell. ( Vidad, Sr., et al. vs. Sps. Tayamen, G.R. No. 160554, August 24, 2007)
1) A & B, both Filipino got married. B became naturalized American citizen and got a divorce decree against A in Rino, Nevada. Divorce is recognized in the United States, but not in the Philippines. A subsequently got married to C. a) Is the marriage of A to C valid under Philippine law? Ans: Yes. In Llorente vs. Llorente, decided by the Supreme Court of the Philippines in 2000, the marriage under identical facts was held to be valid, applying the nationality principle to B under Article 15 of the Civil Code which provides that “laws relating to family rights and duties, or the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.” Since B was an American when he obtained the Divorce decree, US law, which recognizes absolute divorce, applies. In the recent case of Republic vs. Orbecido, decided in 2005, the Supreme Court, interpreting Article 26, paragraph 2, ruled that: The intent of par. 2, Article 26 is to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after obtaining a divorce, is no longer married to the Filipino spouse. The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating him to remarry. 2) Will your answer be the same, if B obtained first the Divorce decree before becoming a naturalized American citizen? Ans: No. In Republic vs. Iyoy, 470 SCRA 519 (Sept. 21, 2005), the Supreme Court held that Article 26, paragraph 2 is not applicable to a Filipino spouse who became a naturalized American after obtaining the divorce decree. When the divorce decree was obtained, he was still a Filipino citizen bound by Philippine laws on family rights and duties, status, condition and legal capacity.
3) A, married to B, got an illegal Divorce against B in the US and then married C. C got mad at A upon learning that their marriage is void. A filed an action to declare his marriage to B a nullity under Art. 36 of the Family Code. May C intervene in said action?
PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Arturo M. de Castro(Ll.B., Ll.M., SJD)
No, she has no legal interest because she was never a legal wife of the Petitioner. Her marriage to him is void because at the time of her marriage to the Petitioner, the latter was still lawfully married to B. (Elmar Perez vs. Court of Appeals and Tristan Catindig, G.R. No. 162580)
4) Is a Psychiatric report a mandatory requirement in an action to declare nullity of the marriage based on psychological incapacity under Art. 26 of the Family Code? Ans: Psychological incapacity, as a ground for declaring the nullity of a marriage, may be established by the totality of evidence presented. There is no requirement, however, that the respondent should be examined by physician or a psychologist as a condition sine quo non for such declaration. (Marcos vs. Marcos, G.R. No. 136490, Oct. 19, 2000)
1) What is the doctrine of triennial cohabitation? Ans: The husband is presumed impotent if the wife remains a virgin after living together for 3 years. (US jurisprudence).
2) Enumerate the instances when fraud constitutes a ground for annulment of marriage. Ans: Concealment or non-disclosure of: 1. Previous conviction of crime involving moral turpitude. 2. Being pregnant by another man at the time of the marriage. 3. Sexually transmissible disease (STD) existing at the time of the marriage.
4. Drug addiction, habitual alcoholism, homosexually or lesbianism existing at the time of the
marriage (Art. 46, F.C.). Note: No other misrepresentation or deceit as to character, health, rank fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (Art. 46, FC) 3) In what cases between members of the same family is earnest effort for compromise not required/necessary? Ans: In the following cases which may not be the subject of compromise: (1) The civil status of persons; (2) The validity of a marriage or legal separation; (3) Any ground for legal separation; (4) Future support; (5) The jurisdiction of courts; (6) Future legitime. 4) Are chronic lying and fantasizing a ground for declaration of nullity based on psychological incapacity under Article 36 of the Family Code? Ans: Yes, as held by the Supreme Court in a recent case where inveterate lying impairs the capacity of the liar to perform essential marital obligation, pre-existing and present at the time of the celebration of the marriage, grave and incurable.
1) a) When may the illegitimate children use the surname of the natural father? Ans: When their filiation has been expressly recognized by their father through (1) the record of birth appearing in the civil registrar (2) in a public document (3) or private handwritten instrument of the father. There is no need to go to court to establish filiation and authorization to use the surname of the father. Aside from the foregoing, filiation may be established by (1) the open and continuous possession of the status of an illegitimate child; or (2) any other means allowed by the Rules of Court and special laws. (Art. 172, Civil Code). b) Is DNA test admissible proof of parentage?
PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Arturo M. de Castro(Ll.B., Ll.M., SJD) 3
. He is charged with notice only of such burdens and claims as are annotated on the title. Article 51. altered. No. enlarged or diminished except in a direct proceeding permitted by law.. it is a recognized proof of paternity and filiation. (Consolidated Rural Bank vs. The salvage zone consisting of “lands measuring twenty (20) meters measured landward from the interior limit of the shoreline” is capable of private ownership and being validly covered by a Torrens Title subject to the easement of public use. (De Pedro v. This is also true with respect to foreshore lands. et. for merely relying on the certificates of title and for its failure to ascertain the status of the mortgaged properties as is the standard procedure in its operations. Director of Lands. not dependent on the report of the survey team filed in the trial court. Art. more specifically easement of salvage and costal police imposed by law. (Maristela vs. are part of the State’s inalienable natural resources. March 04. 12744-12747. or. Arturo M. Submerged lands. Any sale of submerged or foreshore lands is void being contrary to the Constitution. Private corporations cannot hold. Spanish Law of Waters of 1886. 34901-R. b) What are the grounds to change the first or nick name? See p. d.R. 1968. The sale of the reclaimed lands in Manila Bay registered in the name of PEA falling under lands of the public domain in favor of AMARI. 2. once registered. Razo. de Castro(Ll. G. September 7. 1st Study Guide for the Bar. 132161. are expected to exercise more care and prudence than private individuals in their dealings. 151245. for the following reasons: a. V 1) Is the sale of the reclaimed and the submerged area of Manila Bay to AMARI. a private corporation valid? Reasons. Hence.. 158002. No. any person dealing with said realty need not go beyond what appears on the face of the title. February 28. The resolution of the issue is. No. CA. SJD) 4 . The sale of the still submerged area of Manila Bay to AMARI is void for being contrary to Sec. 1st Study Guide for the Bar. Art. January 2005) 6) What are the requisites for legal easement of right of way? PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. 420.R. 65 O. c. thus. alienable lands of the public domain. a private corporation is void for being contrary to Section 3. 9. should not thereafter be impugned. G.G.B. 2005) 4) Who is an innocent purchase in good faith of registered land? Ans: Where the real property involved is covered by a Torrens title. their business being impressed with public interest.R.R. Water Code. like the waters (sea or bay) above them. except by lease. 2005) 5) Is the above rule applicable to banks? Ans: No. 99. al. Ll. Romasan. even those involving registered lands. (Clemente vs.M. mortgagee. new Civil Code) 3) What is the doctrine of indefeasibility of torrens titles? Ans: A certificate of title. modified.Ans: Yes. Art XII of the 1987 Constitution which prohibits the alienation of natural resources other than agricultural lands of the public domain. 3) What are the requirements for a decree of declaration of nullity to be final and executory where there are assets for partition and there are children borne of the marriage declared null and void? Ans: There must be a partition and delivery of the presumptive legitime to the children. 46. b. G. No. No. Ans: No. 2) Is the “salvage zone” capable of private ownership and titling? Ans: Yes. the bank is a mortgagee in bad faith. changed. 2) a) When may entries in the civil registry be corrected without a judicial order? Ans: For clerical or typographical errors and change of first name or nickname. Banks. G. 4) a) What is the concept of presumptive legitime? b) In what cases is the delivery of presumptive legitime required? Refer to page 91. Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain. absolutely inalienable and outside the commerce of man. Submerged lands are property of public dominion. pp. the buyer.
“public benefit. b) payment of proper indemnity. The term “public use” has now been held to be synonymous with “public interest”. SJD) 5 . Rodriguez) VΙ Ι 1) What are the requisites of: c) Reserva Troncal (p. dela Cruz vs. condemnation of the property after it is determined that its acquisition will be for a public purpose or public use and. 404 SCRA ) b) What is the concept of public use? Ans: The concept of public use is no longer limited to traditional purposes. the determination of just compensation to be paid for the taking of private property to be made by the court with the assistance of not more than three commissioners. B may demand demolition of the building at the expense A. Ramiscal. Back rentals not recoverable. Consequently. Under our law. G. (Sps.. to permit it would impair the heirs’ freedom of disposition with respect to his own property. if the testator makes a testamentary disposition in his will subject to such a condition. No. de Castro(Ll. 3) Distinguish between the free portion and the disposable free portion? PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. October 5.” (Reyes vs. (NHA vs. 137882. or he may compel A to pay the price of the land. 1st Study Guide for the Bar) d) Fideicommissary Substitution (p.” and “public convenience. NHA. He shall pay reasonable rent.B. it would be equivalent to allowing the testator to dispose of the property of another after the latter’s death (6 Manresa 241). not only the condition but the entire testamentary disposition shall be void (Art. Furthermore.. 875. (Rosales vs. Givelondo. Besides. If A were in good faith. and e) to the extent consistent with the foregoing rule. Ll. (MIAA vs.R. where the distance from the dominant estate to a public highway may be the shortest.M. it is known as a disposicion captatoria. 90. February 4. Casteltort. b) No. 2005) 2) a) What are the two stages in expropriation proceedings? Ans: Expropriation proceedings consists of two stages: first. Here. d) the right of way claimed is at the point least prejudicial to the servient estate. 2005) VΙ 1) A constructed a building on the land of B knowing that the land belongs to B. Arturo M. The reason for this is that sucession is an act of liberality and not a contractual agreement.” “public welfare. as elsewhere. the idea that “public use” is strictly limited to clear cases of “use by the public” has been abandoned. second. 2nd Study Guide for the Bar) 2) What is “disposicion captatoria”? Is it valid? What is its effect on the testamentary disposition? Ans: The condition that the heir shall make some provision in his will in favor of the testator or of any other person is what is known as a condition captatoria. he cannot be compelled to buy the land if its value is considerably more than that of the building. 90. if the owner does not choose to appropriate the building after proper indemnity. c) the isolation is not the result of its own acts. A arranged for the issuance of a fraudulent title over the land in his name.Ans: The following: a) It is surrounded by other immovables and has no adequate outlet to a public highway. a) What are the rights of B with respect to the building? b) Will your answer be the same if A were in good faith? Ans: a) Because A is in bad faith. NCC). 395 SCRA 494 ) c) What is the interest rate in expropriation cases? Ans: Legal rate is 6% from the time of taking to the time of payment.
the part assigned to the one who renounces or cannot receive his share. b) collation Ans: a) Accretion is a right by virtue of which. c) Mutuality of contracts – based on essential equality between the contracting parties. which a compulsory heir. 1156).M. such as when there is a concurrence of one legitimate child. any property or right. b) Relativity of contract – binding only on the parties except where there is a stipulation pour atrui in favor of a third party accepted by the latter. 1015. or co-legatees. 4) Define or explain the following concepts in succession: a) accretion. Please read pp. VΙ Ι Ι 1) What are the requisites of a contract? Ans: The following: (1) consent (2) object certain (3) cause or consideration. The free portion shall no longer be disposable if the decedent is survived by legitimate children or descendants.. 134 to 136 of the 2 nd Study Guide for the Bar for a comprehensive discussion) 3) a. during the lifetime of the latter. B is not obliged to pay A. devise or legacy. good customs or public policy. Define obligation? Ans: A judicial necessity to give. co-devisees. The obligation is void for being potestative if its compliance and validity depends exclusively upon the will of one of the contracting parties.B. or who died before the decedent. de Castro(Ll. 1st Study Guide for the Bar) 3) What are the essential characteristics of contracts? a) Obligatory force – binding on the parties. d) Autonomy or freedom of contracts – the parties may make any stipulation or covenant provided that it is not contrary to law. under Arts. to do or not to do (Art. the Car is hit by lightning and is totally wrecked. Distinguish between conventional subrogation of rights of creditors and assignment of credit. e) Complimentarity of contract or “contracts construed together” principle – the implementing agreement cannot vary the main agreement of which it is a part. and several illegitimate children so that there is nothing left for free disposal (Art. SJD) 6 . either actually or fictitiously. Ll. morals. Mere notice to creditor is sufficient.Ans: Where there are other heirs entitled to legitime. like illegitimate children who are entitled to ½ of the legitime of the legitimate children. may have received by way of donation or any other gratuitous title from the decedent. who succeeds with other compulsory heirs. and 2 or more illegitimate children. Who bears the risk of loss? Ans: A because ownership still remains with him and will be transferred to the Buyer only upon delivery. 2) What is a “contract-implied-in-fact”? Give an example (see p.. b. refers to the act of restoring to the common mass of the hereditary estate. but which is understood for legal purposes as an advance of his legitime. Arturo M. Res perit domino. is added or incorporated to that of his co-heirs. Ι X 1) A sells his car to B to be delivered to and be paid by B after one week. (Art. 1061 to 1077 of the NCC. On the 3 rd day. 101. The owner bears the risk of loss. NCC). when two or more persons are called to the same inheritance. NCC) b) Collation. Does assignment of credit require the consent of creditors? Ans: No. PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. the surviving spouse. the legitime of the latter shall be taken from the free portion consisting of ½ of the hereditary estate. 2) a. 895. the surviving spouse.
the person benefited by avoidance of greater evil or injury is civilly liable for the damage.g. de Castro(Ll. 11. 4. 4) Felonies – acts or omissions punishable by law. not being based on positive law but on equity and natural law. good customs. 5) Quasi-delicts or tortuous acts by any person who. morals. What are the different kinds of an obligation? (read 2nd Study Guide for the Bar pp. In the Revised Penal Code. 3) Quasi-contract – based on the equitable principle of unjust enrichment. do not grant a right of action to enforce their performance. public order or public policy. there being fault or negligence causes damage to another. not the actor.. Ans: Natural obligations. 2) Contract – law between the parties provided it is not contrary to law. c. they authorize the retention of what has been delivered or rendered by reason thereof (Art. Ll.M. Art. The person benefited. Arturo M..Prescription X 1) Explain the concept and nature of natural obligations. under Justifying Circumstance No. e. but after voluntary fulfillment by the obligor. is liable. 1423).b. What are the modes of extinguishing an obligation? Ans: The following: 1) NO – Novation 2) CO – Compensation 3) RE – Remission or Condonation of debt 4) PA – Payment or performance 5) LO – Loss of the thing due 6) AN – Annulment 7) RE – fulfillment of a Resolutory condition 8) RE – Rescission 9) PRES .B. a) solutio indebeti – to return what is received by mistake. easement. support. SJD) 7 . 2) What is the concept of quasi-contracts? PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. the only justifying circumstance when there is a civil liability involved in consonance with the equitable principle to prevent unjust enrichment at the expense of another. Define the following: 1) Fortuitous event 2) Expromision 3) Delegacion 4) Novation 5) Dacion en pago d.. What are the sources of obligation? Ans: 1) Law. and b) negotionism gestio – to compensate for any benefit done even without an agreement. 115-131) e.
it is allowed under Act 3135 (Tagunicar vs. as opposed to conventional compensation which takes PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Negotiorum gestio – Article 2144. because that would violate the rule against deficiency judgment in case of foreclosure upon default in the payment of 2 or more installments.M. A files a case for annulment of marriage against C on the ground of fraud. J. de Castro(Ll. a corporation is not entitled to recover moral damages because it is incapable of feeling pain and mental anguish. if the owner is in a position to do so.B. Certain lawful. May the criminal action be suspended on the ground of Prejudicial Question? Give 2 reasons.. or to require the person concerned to substitute him. Legal compensation takes place by operation of law when all the requisites are present. and it was unduly delivered through mistake. b. Whether the prior marriage is dissolved or not. bigamy may be committed. As held by the Supreme Court in a case.. Solutio Indebiti – Article 2154. (1) Under the new rule. 3) Define: a. SJD) 8 .Ans: Article 2142. voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another. XIII 1. the obligation to return it arises. XΙ Ι 1) Is extra-judicial foreclosure before a notary public valid? Ans: Yes. Thereafter. 3) Under the Recto law. it may recover damages in case of libel or defamation. C sues A for Bigamy. the civil action must have been filed ahead of the criminal action for prejudicial question to apply. may property be foreclosed other than the chattels acquired by the loan secured by the chattel mortgage? Ans: No. Solutio Indebiti Ans: a. the other property included in the chattel mortgage may not be foreclosed. 2006. Whoever voluntarily takes charge of the agency or management of the business or property of another. 2) A marries B while A’s marriage to C has not been dissolved. Lorna Espress. However. Enumerate its requisites. Bigamy is committed by a person who contracts a second marriage while the first marriage is subsisting and has not been dissolved. If something is received when there is no right to demand it. (2) The issue in the civil case is not determinative of the guilt or innocence of A in the criminal case. XΙ 1) Are corporations entitled to recover moral damages? Ans: As a general rule. ANS: No. Define compensation as a mode of extinguishing obligation. Ans: The Court has expounded on compensation and more specifically on legal compensation as follows: “x x x compensation is a mode of extinguishing to the concurrent amount the obligations of persons who in their own right and as principals are reciprocally debtors and creditors of each other. Negotiorum gestio b. Arturo M. February 28. Ll. without any power from the latter. is obliged to continue the same until the termination of the affair and its incidents. Gutierrez) 2) When may a mortgagor file a motion to set aside foreclosure sale in the same summary proceeding for issuance of a writ of possession? Ans: Within 30 days from the time possession is turned over to the mortgagee or highest bidder.
thus: Art. as will operate as a bar in equity. No. (Heirs of Dicman vs. (2) That both debts consist in a sum of money. Prescription is based on a fixed time. It is a delay in the assertion of a right which works disadvantage to another because of the inequity founded on some change in the condition or relations of the property or parties. or if the things due are consumable. While prescription is concerned with the fact of delay. Lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit. 151235. and that he be at the same time a principal creditor of the other. or of one under whom he claims. Vda.” The Civil Code enumerates the requisites of legal compensation. laches is not. are creditors and debtors of each other. 268. vs. laches is concerned with the effect of delay. 2006. laches is principally a question of inequity of permitting a claim to be enforced.Ponente) 2. (3)That the two debts be due. to do that which. to wit: a. Ll. Conduct on the part of the defendant. (Panganiban vs. this inequity being founded on some change in the condition of the property or the relation of the parties. In order that compensation may be proper. Dayrit. Cariño. as prescribed by the decisions of this Court.M. Cariño. 490 SCRA 178. and also of the same quality if the latter has been stated. 490 SCRA 267. De Cabrera. de Castro(Ll. (BPI vs. June 8. (a) Define Laches. 335 Phil. 1279.R. et al. It has been held that even a registered owner of property under the Torrens Title system may be barred from recovering possession of property by virtue of laches. or the suit is not held to be barred. (Ibid) (c) What are the elements of laches? Ans: Given the foregoing findings of fact. (Ibid) (d) May a registered owner of a property under Torrens Title be barred from recovering possession by laches? Ans: Yes. supra) 9 PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. are present in the case. Compensation shall take place when two persons. et al. 2005. 267 SCRA 339 ) (Heirs of Dicman vs.. Art. laches is not. June 8. Laches applies in equity. and d. CA. Arturo M. Azcuna . could or should have been done earlier.place when the parties agree to compensate their mutual obligations even in the absence of some requisites. it is necessary: (1) That each one of the obligors be bound principally. Ans: Laches has been defined as such neglect or omission to assert a right. Injury or prejudice to the defendant in the event relief is accorded to the complainant. warranting the presumption that the party entitled to assert it either has abandoned or declined to assert it. Prescription is statutory. giving rise to the situation of which complaint is made and for which the complaint seeks a remedy. the complainant having had knowledge or notice. commenced by third persons and communicated in due time to the debtor. Court of Appeals. taken in conjunction with the lapse of time and other circumstances causing prejudice to an adverse party. by exercising due diligence. whereas prescription applies at law. 1278. G. of the defendant’s conduct and having been afforded an opportunity to institute a suit. 2006) (b) Distinguish laches from prescription. 19. Prescription is a matter of time. ordains that relief will be denied to a stale demand which otherwise could be a valid claim.. July 28. 381. they be of the same kind. It is based on public policy which. all the four (4) elements of laches. Laches means the failure or neglect for an unreasonable and unexplained length of time. it is negligence or omission to assert a right within a reasonable time. Ans: It is different from and applies independently of prescription. in their own right. 464 SCRA 370. b. c..B. SJD) . Delay in asserting the complainant’s rights. (4) That they be liquidated and demandable. (5) That over neither of them there be any retention or controversy. for the peace of society.
Oct.B. Bataan. 2005) When may the custody of the child below 7 years old be given to the Father. except in a civil case by one against the other. Inc. No. identity of interests disappears and the consequent danger of perjury based on that identity is non-existent. approved Feb. (Alvarez vs. The so-called “tender-age presumption” under Article 213 of the Family Code may be overcome only by compelling evidence of the mother’s unfitness. (Union Bank of the Philippines vs. But sexual preference or moral laxity alone does not prove parental neglect or incompetence. 18. 4. A Lessee cannot claim to be a possessor in good faith under Art. Rex. 9255. 2005) 6. (Programme. 213 of the Family Code.A. Lorino. insanity or affliction with a communicable disease. plants or builds believes himself to have a claim of title. 491 SCRA 596. abandonment. Jan. June 28. 2005) Whose surname may an illegitimate child bear? Ans: The mother’s surname unless he is recognized by the father. maltreatment of the child. 448. As in the case at bar. immorality. (Alba vs. habitual drunkenness. the judgment is immediately final and executory by express provision of law. CA. 2005). it comes within the exception to the statute that one shall not be a witness against the other except in a criminal prosecution for a crime committee (by) one against the other. Nov. de Castro(Ll. June 21. Is prostitution or marital infidelity of the mother a compelling reason to give the custody to the Father? Illustrate unfitness of the mother to take care of the child. 160258. 247. 5. Not even the fact that a mother is a prostitute or has been unfaithful to her husband would render her unfit to have custody of her minor child. In net effect. See de Castro. during their marriage. In such a case. or directly and vitally impairs. (Gualberto vs. where the marital and domestic relations are so strained that there is no more harmony to be preserved nor peace and tranquility which may be disturbed. Ans: No. 2006) XIV 1. drug addiction. 22.. or in a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants.R. 143439. 2005) 3. essentially a subsidiary remedy accorded under Article 1383 of the Civil Code which the party suffering damage can avail of only when he has no other legal means to obtain reparation for the same. the provision applies only when the creditor cannot recover in any other manner what is due him. this rule has its exceptions. the conjugal relation. 2006 Edition on proof of filiation of illegitimate children under R.M. unemployment.R. 2005) PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. which applies only to one who sows. 492 SCRA 529. not to the mother? Ans: For compelling reasons. To deprive the wife of custody. Sexual infidelity by itself is not sufficient evidence of psychological incapacity. In particular. Rule 130 of the Revised Rules of Court provides that. No. May 6. G. Gualberto. 19. G. However. when an offense directly attacks. Gualberto. What is accion pauliana? Ans: The rescissory action to set aside contracts in fraud of creditors is accion pauliana. No. (Gualberto vs. 2004. the husband must clearly establish that her moral lapses have had an adverse effect on the welfare of the child or have distracted the offending spouse from exercising proper parental care. (Villalon vs. vs. June 28.. Sec. Republic vs. (Art.3. 2006) 4. the reason based upon such harmony and tranquility fails. in which case he may use the father’s surname. June 26. Villalon. Is the judgment declaring the presumptive death/absence of a spouse under the Family Code appealable? Ans: 2. Ong. as when the mother is found unfit to take care of the child as an exception to the “tender-age presumption” under Art. When may a spouse testify against the other spouse as an exception to the rule on marital disqualification? Ans: When the marital and domestic relations are so strained that there is no more harmony to be preserved or peace and tranquility which may be disturbed. The mother has been declared unsuitable to have custody of her children in one or more of the following instances: neglect. July 29. 4. SJD) 10 . Ll. Arturo M. Study Guide for the Bar. Ramirez. 14. neither the husband nor the wife may testify for or against the other without the consent of the affected spouse. pages 95–96.
as buyers or mortgagees. Absent good faith. 2063 and 2081. BMC filed a Petition for suspension of Payments. (Heirs of Manlapat v. SJD) . (Llanto vs. No. This principle is based on the rule that all persons dealing with property covered by a Torrens Certificate of Title. 1216 of the Civil Code. (Arts. should exercise more care and prudence in dealing even with registered lands. 161029. which extends only to purchasers for value and good faith. the latter was still lawfully married. A contract of guaranty gives rise to a subsidiary obligation on the part of the guarantor. January 2005) 11 PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Banks keep in trust money belonging to their depositors. otherwise. No. A mortgagee-bank must exercise due diligence before entering into said contract. or does not have a valid title to. Hence. Court of Appeals and Tristan Catindig. Civil Code. G.R. This rule is strictly applied to banking institutions. PCIB. 132161. G. 160466. 2005) 9. (Ong vs. and may be made to pay only if the principal is insolvent. even if the mortgagor is not the rightful owner of. No. January 2005) b) What is the doctrine of “mortgagee in good faith”? Ans: Under Article 2085 of the Civil Code. this Court clarified that the rule that persons dealing with registered lands can rely solely on the certificate of title does not apply to banks. January 2005) b) Will your answer be the same if A and B are mere guarantors? Ans: No. (Elmar Perez vs. before approving a loan. the benefit of excussion is not available to the surety as he is principally liable for the payment of the debt. which they should guard against loss by not committing any act of negligence that amounts to lack of good faith. are not required to go beyond what appears on the face of the title.” The prevailing jurisprudence is that a mortgagee has a right to rely in good faith on the certificate of title of the mortgagor to the property given as security and in the absence of any sign that might arouse suspicion. 160466. Arturo M. May the Bank sue A and B to enforce their solidary liability with BMC? Ans: Yes. has no obligation to undertake further investigation. one of the essential requisites of the contract of mortgage is that the mortgagor should be the absolute owner of the property to be mortgaged.R.R. PCIB. May the woman the Petitioner intends to marry intervene in the action of the plaintiff to annul his marriage with the estranged wife? Ans: No. (Ong vs..R. A surety is directly. G. an exception to this rule is the doctrine of “mortgagee in good faith. January 2005) c) Distinguish between guaranty and suretyship? Ans: A guarantor insures the solvency of the debtor while a surety is an insurer of the debt itself. the creditor may go against the sureties alone independently of BMC without prior demand for payment on the principal debtor because they are solidarily bound with BMC for the payment of the debts to the Bank.R. nonetheless. A guarantor is only an insurer of the solvency of the debtor. banks would be denied the protective mantle of the land registration statute. Alzona. He has the benefit of excussion. CA. 160466. Hence. a) Spouses A and B acted as sureties for the loans obtained by BMC. the mortgage contract and any foreclosure sale arising therefrom are given effect by reason of public policy. the mortgage is considered null and void. 125585. G. PCIB. Thus. even those involving registered lands. 162580) 8. to send representatives to the premises of the land offered as collateral and to investigate who the real owners there are. The liability of a guarantor is subsidiary. the mortgagee in good faith is. the bank is a mortgagee in bad faith. However. (Consolidated Rural Bank vs.R. G. Under Art. the mortgaged property.M.7. G. however. than private individuals. Act 496. without verifying the title and inspecting the property a mortgagee in good faith if it turns out later on that there are other claimants in possession of the property? Ans: No. CA. for merely relying on the certificates of title and for its failure to ascertain the status of the mortgaged properties as is the standard procedure in its operations. In a suretyship contract. as well as to mortgagees of the same character and description. Judicial notice is taken of the standard practice for banks. are expected to exercise more care and prudence than private individuals in their dealings. a) Is a bank which relies only on the title in granting a mortgage loan. their business being impressed with public interest. This is the same rule that underlies the principle of “innocent purchasers for value. Ll. entitled to protection..B. June 8.” Under this doctrine. No. de Castro(Ll. Her marriage to him is void because at the time of her marriage to the Petitioner.R. she has no legal interest because she was never a legal wife of the Petitioner. No. even if the mortgagor is not the owner of the mortgaged property. Banks. while a surety is an insurer of the debt itself. indeed. No. as their business is one affected with public interest. January 2005) A mortgagee can rely on what appears on the certificate of title presented by the mortgagor and an innocent mortgagee is not expected to conduct an exhaustive investigation on the history of the mortgagor’s title. G. Banks. No. Ong vs. equally and absolutely bound with the principal debtor for the payment of the debt and is deemed as an original promissor and debtor from the beginning.
CA. This no-segregation principle is based on Article 1374 of the Civil Code. 1602. 143772. (Flancia vs. (2) payment of proper indemnity. (6) In any other case where it may be fairly inferred that the real intention of the parties is that the transaction shall secure the payment of a debt or the performance of any other obligation. No. 2005) What are the requisites for legal easement of right of way? Ans: The following: (1) It is surrounded by other immovables and has no adequate outlet to a public highway. Under Art. January 20. April 2005) Has the entrustee under a trust receipt the right to mortgage the property held in trust? Ans: No. Prudential Bank. Sandoval-Gutierrez. Litonjua. 18. No. According to this principle. Enriquez. It declared that petitioners are not parties in land registration case filed by Sandoval and Ozatea. vs. DBP vs. (Carlos Sanchez vs. This principle is used in construing contractual stipulations in order to arrive at their true meaning. (Medrano vs. Dec. No. Arturo M. de Castro(Ll. A mortgage must be executed by the absolute owner of the chattels to be valid. (5) When the vendor binds himself to pay the taxes on the thing sold.R. 2006) Who can file a notice of lis pendens? Ans: Only a party to a case has the legal personality to file a notice of lis pendens relative to the pending case. an accessory contract must be read in its entirety and together with the principal agreement. a partnership involving capital of 3.B. per J. 158138. SJD) 12 . 2005) 15. (3) When upon or after the expiration of the right to repurchase another instrument extending the period of redemption or granting a new period is executed. or with contributed real estate must be in a public instrument. absolute or with pacto de retro. (2) When the vendor remains in possession as lessee or otherwise. (Art. G. Sr.10. PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof.00 or more in money or property. Donation of real property is void if not made in a public document. because the entrustor (creditor Bank). February 2005) b) Where the contract of agency is revoked after disagreement on the commission and the principal proceeded to directly negotiate the transaction. Medicard. 146262. G.R. To be valid. (Arts. 17. (Heirs of Eugenio Lopez. 166183. Hon. No. (Dept. a contract is presumed an equitable mortgage in any of the following badges of fraud: (1) When the price of a sale with right to repurchase is unusually inadequate. Ternida. 2085 . the “complementary-contracts-construed-together” doctrine finds application. of Ed. G. a) The broker or agent who brought the buyer and seller together and arranged the ocular inspection that did not materialize is entitled to commission even if he does not participate in the negotiations of the sale. (PBC vs. November 22. 13. (Alvaro v. Ans: What is the “complimentary-contracts-construed together” doctrine? In enforcing a surety contract.R. April 2005) Registered mortgage in good faith is preferred over unregistered sale. Litonjua vs. January 21. (4) When the purchaser retains for himself a part of the purchase price. January 16. 2005) What is an equitable mortgage? Ans: The real intention is to constitute a mortgage to secure repayment of a loan in a contract that appears on its face as a sale. G. 2006) 14. 1771 & 1772. (3) the isolation is not the result of its own acts. CA. Lim.. September 2.000. the agent is not entitled to commission. The heirs of Eugenio Lopez are mere movants whose personality the court has not admitted. vs.. not the entrustee is the owner of the property in trust. Based on Section 26 of PD 1529. 13. 2005) 16. 11. 12. certain stipulations cannot be segregated and then made to control.M. the LRA ruled that they should have filed a motion to lift the order of general default. Ll.R. del Rosario. an order of general default binds the whole world as a party in the case. Since a land registration case is a proceeding in rem.
however.. Ans: What are the elements of laches? The essential elements of laches are: (a) conduct on the part of the defendant. 137882. or form or words. No. 22.R. nevertheless reveals the intention of the parties to charge real property as security for a debt. The contract shall be presumed to be an equitable mortgage. 166183. G. the nonpayment of the debt when due gives the mortgagee the right to foreclosure the mortgage. (Sps. in any of the following cases: (1) When the price of a sale with right to repurchase is unusually inadequate. (Clemente vs. SJD) 13 . 23. two requisites must concur: (1) the parties entered into a contract denominated as a sale. Bontoyan. 2005) 19. or. to wit: Article 1602. PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. (Leyson vs. G. G. (De Pedro v. should not thereafter be impugned. 24. dela Cruz vs. Romasan. No. No. de Castro(Ll.R. (4) When the purchaser retains for himself a part of the purchase price. He is charged with notice only of such burdens and claims as are annotated on the title. (5) When the vendor binds himself to pay the taxes on the thing sold. February 4. 2005) Who is an innocent purchase in good faith of registered land? Ans: Where the real property involved is covered by a Torrens title. modified. Ramiscal. No. 151245. February 4. For the presumption of an equitable mortgage to arise. Sps. The resolution of the issue is. once registered. or other requisites demanded by a statute. Razo. February 28. January 20. CIR. not dependent on the report of the survey team filed in the trial court. dela Cruz vs.B. (b) delay in asserting complainant’s rights after he had knowledge of defendant’s acts and after he has had the opportunity to sue. G. No. where the distance from the dominant estate to a public highway may be the shortest. any person dealing with said realty need not go beyond what appears on the face of the title. and (5) to the extent consistent with the foregoing rule. An action for reconveyance based on fraud is imprescriptible where the plaintiff is in possession. February 18. G. 21. 137882. 2005) 20. Consequently.R. the Civil Code enumerates several instances when a contract is clothed with the presumption that it is an equitable mortgage. Ternida. (Sps. (2) When the vendor remains in possession as lessee or otherwise. Alvaro vs. (3) When upon or after the expiration of the right to repurchase another instrument extending the period of redemption or granting a new period is executed. (Abello vs. sell the property and apply the proceeds of the sale to the satisfaction of the loan obligation. March 04. 2005) (a) What is (define) an equitable mortgage: Ans: An equitable mortgage is defined as one which although lacking in some formality. (Sps. and (d) injury or prejudice to the defendant in the event the relief is accorded to the complainant. 158002. 2005) Political Contribution is taxable gift.M.(4) the right of way claimed is at the point least prejudicial to the servient estate.. February 23. Ramiscal.R. thus. 2005) What is the doctrine of indefeasibility of torrens titles? Ans: A certificate of title. and (2) that their intention was to secure an existing debt by way of a mortgage. Arturo M.R. changed. or of one under whom he claims. the buyer. altered. 2006) (b) What are the badges of presumed equitable mortgage? Ans: While there is no single conclusive test to determine whether a deed absolute on its face is really a simple loan accommodation secured by a mortgage. and contains nothing impossible or contrary to law. enlarged or diminished except in a direct proceeding permitted by law. giving rise to the situation complained of. (c) lack of knowledge or notice by defendant that the complainant will assert the right on which he bases his suit. Ll. mortgagee.
if the person to whom the title is conveyed is a child. a cause of action for specific performance does not arise. Arturo M. in the second case. as set out in Article 1602 of the Civil Code. a document which appears on its fact to be a sale – absolute or with pacto de retro – may be proven by the vendor or vendor-a-retro to be one of a loan with mortgage. G. under the wise. apply with equal force to a contract purporting to be one of absolute sale. It is an established rule that the presence of even one of the circumstances set forth in Article 1602 is sufficient to declare a contract of sale with right to repurchase an equitable mortgage. while the latter is the beneficiary. the title remains in the vendor if the vendee does not comply with the condition precedent of making payment at the time specified in the contract. The former is the trustee. Under a contract to sell. de Castro(Ll. January 23. Ll. parol evidence becomes competent and admissible to prove that the instrument was in truth and in fact given merely as a security for the payment of a loan. or other benefit to be received by the vendee as rent or otherwise hall be considered as interest which shall be subject to the usury laws. Thus. the ownership is reserved in the seller and is not to pass until the full payment of the purchase price is made. However. the court will enforce the agreement or understanding in consonance with the true intent of the parties at the time of the execution of the contract. The non-payment of the purchase price renders the contract to sell ineffective and without force and effect. 163075. 1448. or an equivalent. February 13. just and equitable presumption in Article 1602. No. In the said case. it being disputably presumed that there is a gift in favor of the child. as buyer? Black’s Law Dictionary defines specific performance as “(t)he remedy of requiring exact performance of a contract in the specific form in which it was made. Inc. SJD) 14 . before the remedy of specific performance may be availed of. v.(6) In any other case where it may be fairly inferred that the real intention of the parties is that the transaction shall secure the payment of a debt or the performance of any other obligation. property or services. There is an implied trust when property is sold. the elements of which are: (a) an actual payment of money. And upon proof of the truth of such allegations.. (Comilang v. the title passes to the buyer upon the delivery of the thing sold. Court of Appeals (182 SCRA 564 ) is most illuminating. In the first case.R.” (Ibid) 25. In any of the foregoing cases. Moreover. constituting valuable consideration. This is in consonance with the rule that the law favors the least transmission of rights.M.. The actual accomplishment of a contract by a party bound to fulfill it. What is the nature of a contract to sell? May it give rise to a cause of action for specific performance? Distinguish a contract to sell from a contract of sale. demand specific performance from respondent. or according to the precise terms agreed upon. the vendor has lost ownership and cannot recover the ownership of the property until and unless the contract of sale is itself resolved and set aside. the presence of even one of the circumstances in Article 1602 is sufficient basis to declare a contract as one of equitable mortgage. no trust is implied by law. fruits. The conditions which give rise to a presumption of equitable mortgage. and the legal estate is granted to one party but the price is paid by another for the purpose of having the beneficial interest of the property. (Ayala Life Assurance.B. Ans: As correctly stated by the Court of Appeals in its assailed Decision. Such payment is a positive suspensive condition. and (b) such consideration must be furnished by the alleged beneficiary of a resulting trust. of the one paying the price of the sale. 2006) PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. non-payment of the price is a negative resolutory condition. the title of the thing to be sold is retained by the seller until purchaser makes full payment of the agreed purchase price. In a contract to sell. full payment is a positive suspensive condition. as seller. any money.R. Ray Burton Development Corp. Ans: What is a purchase money resulting trust? Article 1448 of the Civil Code on implied trust provides: Art. the non-fulfillment of which is not a breach of contract but merely an event that prevents the seller from conveying title to the purchaser. with the High Tribunal stressing that in a contract of sale. legitimate or illegitimate.” Evidently. a contract to sell and a contract of sale were clearly and thoroughly distinguished from each other. G. can petitioner. there must be a breach of the contract. In such case. 146853. In the first case. In the second case. The trust created under the first sentence of Article 1448 is sometimes referred to as a purchase money resulting trust.” Considering that the parties’ transaction is a contract to sell. Burcena. 2006) 26. “The ruling of the Supreme Court in Lim v. Thus. No..
(Pigao v. Ans: Define trust. (Fabrigas vs. implied trusts are either resulting or constructive trusts. What are the requisites of novation? Ans: There was Novation. The execution of Contract to Sell No. either through implication of an intention to create a trust as a matter of law or through the imposition of the trust irrespective of. 2008 BAR EXAMINATIONS 1. and even contrary to. In this case. The two contracts do not have independent existence for to rule otherwise would present an absurd situation where the parties would be liable under each contract having only one subject matter. In net effect. Ans: What is accion pauliana? The rescissory action to set aside contracts in fraud of creditors is accion pauliana. In order that an obligation may be extinguished by a subsequent one. lays down the procedure by which previously issued but lost or destroyed certificates of title may be reconstituted. the proceedings will be utterly void. Rabanillo. 150712. any such intention. Resulting trusts are based on the equitable doctrine that valuable consideration and not legal title determines the equitable title or interest and are presumed always to have been contemplated by the parties.. The documentary requirements and procedure are mandatory and must be strictly complied with before the court can act on a petition for reconstitution and grant the remedy sought.. there must be an unequivocal terms to the effect or that the old and the new obligations be on every point incompatible with each other.B. June 21. while implied trusts come into being by operation of law. G. G. Arturo M. In turn.. Ong. No.M. the notice of hearing must be published in the Official Gazette and posted in particular places and the same sent or notified to specified persons. and (4) the birth of a valid new obligation. assume and acquire jurisdiction or authority over the petition and grant the reconstitution prayed for. de Castro(Ll.R. SJD) 15 . Act 496. 26. Republic Act No. PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Express trusts are created by the intention of the trustor or of the parties. What is the procedure for reconstitution of lost title? Ans: Republic Act No.R. the provision applies only when the creditor cannot recover in any other manner what is due him. 2005) 2. Inc. Otherwise. B created new obligations in lieu of those under Contract to Sell No. entitled "An Act Providing a Special Procedure for the Reconstitution of Torrens Certificates of Title Lost or Destroyed". (2) an agreement of all parties concerned to a new contract. Novation is extinctive when an old obligation is terminated by the creation of a new obligation that takes the place of the former. A trust is the legal relationship between one person having an equitable ownership in property and another person owning the legal title to such property. The law presupposes that the property whose title is sought to be reconstituted has already been brought under the provisions of the Torrens System. San Francisco Del Monte. and each kind of trust. 2006) XV SIGNIFICANT RULINGS PENNED BY JUSTICE DANTE TINGA CHAIRMAN. A. (Union Bank of the Philippines vs. 2006) 28. the controversy lies in the documentary basis for the reconstitution. the equitable ownership of the former entitling him to the performance of certain duties and the exercise of certain powers by the latter. The petition for reconstitution must allege certain specific jurisdictional facts. May 2.27. (3) the extinguishment of the old obligation. essentially a subsidiary remedy accorded under Article 1383 of the Civil Code which the party suffering damage can avail of only when he has no other legal means to obtain reparation for the same. 491 SCRA 596. Ll. 26 confers jurisdiction or authority on the Court of First Instance (now the Regional Trial Court) to hear and decide petitions for judicial reconstitution and provides the special requirements and procedure that must be followed before the court can properly act. Trusts are either express or implied. the following requirements must concur: (1) a previous valid obligation. 152346. For extinctive novation to take place. No. They arise from the nature or circumstances of the consideration involved in a transaction whereby one person thereby becomes invested with legal title but is obligated in equity to hold his legal title for the benefit of another. Sections 12 and 13 of RA 26 set forth the contents of the petition and lay down the procedure to be followed. November 25.
words. or lessee's duplicate of the certificate of title. 151217. The Republic of the Philippines. is mortgaged. A Will is presented for probate that does not state in the attestation clause the number of pages on which the Will is written and is not acknowledged before a Notary Public who merely administered a jurat thereof. courts are generally inclined to construe a transaction purporting to be a sale as an equitable mortgage.. The petition should have been filed under Sec. 2006) 4. The articles provide that when the parties to a contract of sale actually intended such contract to secure the payment of an obligation.. it should have been accompanied by a duly approved plan and technical description of the property in accordance with Sec. Courts are not bound by the title or name given by the parties. however.B. Ll. 2(d) above-quoted. G. In the case at bar. 2005) 3. d) An authenticated copy of the decree of registration or patent. and f) Any other document which. G. actions and deeds prior to. the description of which is given in said document.00. SJD) 16 . August 18. Under paragraph 2 of Article 1602. 2(f) of RA 26. the reconstitution ordered by the trial court was improper. during and immediately after execution of the agreement. which involves a lesser transmission of rights and interests over the property in controversy. Under Articles 1604 and 1602 of the Civil Code come into play. And.M. petitioners remained in possession of the house and lot even after the execution of the Deed of Absolute Sale. is sufficient and proper basis for reconstituting the lost or destroyed certificate of title. the transaction shall be deemed an equitable mortgage. in the following order: a) The owner's duplicate certificate of title. September 8. No.000. where the purchase price is inadequate. it is often a question difficult to resolve and is frequently made to depend on the surrounding circumstances of each case. it shall be presumed to be an equitable mortgage. suffices to give rise to the presumption that the contract is an equitable mortgage. 12 of the law. For the presumption of equitable mortgage to arise. one of whom is petitioner. not a concurrence. e) A document. mortgagee's. Layug. Original certificates of title shall be reconstituted from such of the sources hereunder enumerated as may be available. de Castro(Ll.000. the existence of any one of the conditions under Article 1602. a contract purporting to be an absolute sale shall be presumed to be an equitable mortgage should any of the conditions in Article 1602 be present. where the purported vendor remains in possession of the property subject of the sale and it can be inferred that the true intention of the parties was to secure an existing debt. pursuant to which the original certificate of title was issued. Hence. namely: that the parties entered into a contract denominated as a contract of sale and that their intention was to secure an existing debt by way of mortgage. (Romulo vs. Based on respondents' evidence. (Cabello and Abellanosa vs. in the judgment of the court. In fact. The trial court should have been more circumspect in ordering reconstitution based on this section considering that the only evidence upon which it based its finding that an original certificate of title had been issued pursuant to the decree of registration adduced by petitioners was the testimony of two witnesses. leased or encumbered. When is a Deed of Absolute Sale an equitable mortgage? Ans: From respondents' admission. that there is no conclusive test to determine whether a deed absolute on its face is really a simple loan accommodation secured by a mortgage. When in doubt. two requisites must be satisfied. or an overwhelming number of such circumstances. 142810. It must be emphasized too.R. Indeed. in case of doubt. a contract of sale is also presumed to be an equitable mortgage. May the Will be admitted for probate? PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Arturo M. in which case. c) A certified copy of the title previously issued by the register of deeds or by a legal custodian thereof. a contract purporting to be a sale with right to repurchase shall be construed as an equitable mortgage. SC cannot give primacy to the findings of RTC over the categorical certification by the Registry of Deeds that its records do not show that a certificate or title was issued over the property. on file in the registry of deeds by which the property.00 but the assailed Deed of Absolute Sale stated a consideration of only P200. To stress. The decisive factor in evaluating such agreement is the intention of the parties. Under paragraph 1 of Article 1602. b) The co-owner's. or an authenticated copy of said document showing that its original had been registered. No. The form of the instrument cannot prevail over the true intent of the parties as established by the evidence. Petitioner Dolores Cabello merely testified to the effect that Basilio Abellanosa kept the original certificate of title but that she did not know where it was. The evidence presented by petitioners does not establish that an original certificate of title over the property was earlier issued. Under Article 1604 of the Civil Code. as shown not necessarily by the terminology used in the contract but by their conduct. petitioners' property was valued at P700. as the case may be.SECTION 2. it can be gathered that the assailed Deed of Absolute Sale does not reflect the true arrangement of the parties.R. this certification presents a powerfully cogent reason for the denial of the petition for reconstitution anchored as it was on Sec.
Even if the instrumental witnesses signed the left-hand margin of the page containing the unsigned attestation clause. It involves an extra step undertaken whereby the signor actually declares to the notary that the executor of a document has attested to the notary that the same is his/her own free act and deed. The failure to state the number of pages equates with the absence of an averment on the part of the instrumental witnesses as to how many pages consisted the will. The purpose of requiring the number of sheets to be stated in the attestation clause is obvious. And perhaps most importantly. on the other hand.B. SJD) 17 . As admitted by petitioner himself. The purpose of the law in requiring the clause to state the number of pages on which the will is written is to safeguard against possible interpolation or omission of one or some of its pages and to prevent any increase or decrease in the pages. Ll. a space having been allotted for the insertion of the number of pages in the attestation clause. since the signatures that do appear on the page were directed towards a wholly different avowal. despite Article 809. but a mere jurat." Application of the "substantial compliance rule" under Article 809: x x x The rule must be limited to disregarding those defects that can be supplied by an examination of the will itself: whether all the pages are consecutively numbered. With the enactment of the Civil Code in 1950 did put in force a rule of interpretation of the requirements of wills. de Castro(Ll. An acknowledgment is the act of one who has executed a deed in going before some competent officer or court and declaring it to be his act or deed. the execution of which they had ostensibly just witnessed and subscribed to. a matter attended with much greater difficulty. Yet the blank was never filled in. hence. Court of Appeals. that may vary from the philosophy that governed these two cases. as they failed to sign the attestation clause. 122880. even if it is subscribed and sworn to before a notary public. and defects or even omissions concerning them in the attestation clause can be safely disregarded. 2006) XVI PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof.. While the signatures of the instrumental witnesses appear on the left-hand margin of the will. defects and imperfections in the form of attestation or in the language used therein shall not render the will invalid if it is proved that the will was in fact executed and attested in substantial compliance with all the requirements of article 805. (Emphasis supplied. there could have been no substantial compliance with the requirements under Article 805 since there is no statement in the attestation clause or anywhere in the will itself as to the number of pages which comprise the will. whether the subscribing witnesses are three or the will was notarized. April 12. as was the situation in Singson and Taboada. is fatally defective. There was an incomplete attempt to comply with this requisite. being the only check against perjury in the probate proceedings. Bautista. G. A notarial will that is not acknowledged before a notary public by the testator and the witnesses is fatally defective. the notary public." By no manner of contemplation can those words be construed as an acknowledgment.M.R. Petronio Y. A will whose attestation clause is not signed by the instrumental witnesses is fatally defective. Indeed. But the total number of pages. the attestation clause is separate and apart from the disposition of the will. No. Article 809 of the Civil Code states: "In the absence of bad faith. For one. or fraud. or undue and improper pressure and influence. Accordingly. Thus. such signatures cannot demonstrate these witnesses' undertakings in the clause. the attestation clause fails to state the number of pages of the will. wrote "Nilagdaan ko at ninotario ko ngayong 10 ng Hunyo 10 (sic). However. the document might easily be so prepared that the removal of a sheet would completely change the testamentary dispositions of the will and in the absence of a statement of the total number of sheets such removal might be effected by taking out the sheet and changing the numbers at the top of the following sheets or pages.) The failure of the attestation clause to state the number of pages on which the will was written remains a fatal flaw. If. there is substantial compliance with this requirement if the will states elsewhere in it how many pages it is comprised of. An unsigned attestation clause results in an unattested will. they do not appear at the bottom of the attestation clause which after all consists of their averments before the notary public. 1981 dito sa Lungsod ng Maynila. (Azuela vs. the subject will cannot be considered to have been validly attested to by the instrumental witnesses. the requisite was left uncomplied with. Any one of these defects is sufficient to deny probate.. Arturo M.Ans: A will whose attestation clause does not contain the number of pages on which the will is written is fatally defective. the attestation clause was not signed by the instrumental witnesses. at least insofar as the attestation clause is concerned. All these are facts that the will itself can reveal. in this case. Lastly. forgery. whether the signatures appear in each and every page. and whether all persons required to sign did so in the presence of each other must substantially appear in the attestation clause. Following Caneda. the total number of sheets is stated in the attestation clause the falsification of the document will involve the inserting of new pages and the forging of the signatures of the testator and witnesses in the margin. a will which does not contain an acknowledgment. the requirement under Article 806 that "every will must be acknowledged before a notary public by the testator and the witnesses" has also not been complied with.
(5) When the vendor binds himself to pay the taxes on the thing sold. Ternida. Court of Appeals (182 SCRA 564 ) is most illuminating. The contract shall be presumed to be an equitable mortgage. or other benefit to be received by the vendee as rent or otherwise hall be considered as interest which shall be subject to the usury laws. In the said case. just and equitable presumption in Article 1602. It is an established rule that the presence of even one of the circumstances set forth in Article 1602 is sufficient to declare a contract of sale with right to repurchase an equitable mortgage. In the first case. sell the property and apply the proceeds of the sale to the satisfaction of the loan obligation. Thus. SJD) . In a contract to sell. a contract to sell and a contract of sale were clearly and thoroughly distinguished from each other. (6) In any other case where it may be fairly inferred that the real intention of the parties is that the transaction shall secure the payment of a debt or the performance of any other obligation. two requisites must concur: (1) the parties entered into a contract denominated as a sale. and (2) that their intention was to secure an existing debt by way of a mortgage. 2006 – SUPREME COURT DECISIONS 1. In such case.. In the second case.JANUARY 1 TO JUNE 30. the ownership is reserved in the seller and is not to pass until the full payment of the purchase price is made. however. and contains nothing impossible or contrary to law. the Civil Code enumerates several instances when a contract is clothed with the presumption that it is an equitable mortgage. the title remains in the vendor if the vendee does not comply with the condition precedent of making payment at the time specified in the contract. (3) When upon or after the expiration of the right to repurchase another instrument extending the period of redemption or granting a new period is executed.” (Ibid) 2. (4) When the purchaser retains for himself a part of the purchase price. the title passes to the buyer upon the delivery of the thing sold. the court will enforce the agreement or understanding in consonance with the true intent of the parties at the time of the execution of the contract.. What is the nature of a contract to sell? May it give rise to a cause of action for specific performance? Distinguish a contract to sell from a contract of sale.B. apply with equal force to a contract purporting to be one of absolute sale. in the second case. In the first case. (Sps. And upon proof of the truth of such allegations. “The ruling of the Supreme Court in Lim v. 166183. In any of the foregoing cases. full payment is a positive suspensive condition. Consequently. Arturo M. the vendor has lost ownership and cannot recover the ownership of the property until and unless the contract of sale is itself resolved and set aside. in any of the following cases: (1) When the price of a sale with right to repurchase is unusually inadequate. The conditions which give rise to a presumption of equitable mortgage. non-payment of the price is a negative resolutory condition.R. No. a document which appears on its fact to be a sale – absolute or with pacto de retro – may be proven by the vendor or vendor-a-retro to be one of a loan with mortgage. Sps. Ll. Ans: As correctly stated by the Court of Appeals in its assailed Decision.M. For the presumption of an equitable mortgage to arise. parol evidence becomes competent and admissible to prove that the instrument was in truth and in fact given merely as a security for the payment of a loan. or other requisites demanded by a statute. to wit: Article 1602. January 20. or form or words. the presence of even one of the circumstances in Article 1602 is sufficient basis to declare a contract as one of equitable mortgage. G. as set out in Article 1602 of the Civil Code. Moreover. (a) What is (define) an equitable mortgage: Ans: An equitable mortgage is defined as one which although lacking in some formality. under the wise. fruits. Alvaro vs. This is in consonance with the rule that the law favors the least transmission of rights. the nonpayment of the debt when due gives the mortgagee the right to foreclosure the mortgage. 2006) (b) What are the badges of presumed equitable mortgage? Ans: While there is no single conclusive test to determine whether a deed absolute on its face is really a simple loan accommodation secured by a mortgage.” 18 PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. nevertheless reveals the intention of the parties to charge real property as security for a debt. any money. (2) When the vendor remains in possession as lessee or otherwise. with the High Tribunal stressing that in a contract of sale. de Castro(Ll.
without being for public use. (Ibid) (d) Is abandonment a material issue to the right of possession? Ans: Yes.R. Under a contract to sell. threat. Only things and rights which are susceptible of being appropriated may be the object of possession. January 25.. SJD) 19 . banks.M. The actual accomplishment of a contract by a party bound to fulfill it. can petitioner. No. Valenciano. the non-fulfillment of which is not a breach of contract but merely an event that prevents the seller from conveying title to the purchaser. indeed. demand specific performance from respondent. there was abandonment of the land under PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. G. Therefore. and are intended for some public service or for the development of the national wealth. Under Article 972 of the new Civil Code. the title of the thing to be sold is retained by the seller until purchaser makes full payment of the agreed purchase price. Such payment is a positive suspensive condition.. (Domalsin vs. so that it behooves the court to restore possession regardless of title or ownership. a cause of action for specific performance does not arise. Public use is “use that is not confined to privileged individuals. This is clear from Article 530 of the Civil Code which provides: ART.2006) (b) Who owns property of public dominion? Ans: Properties of public dominion are owned by the general public.. as seller. (a) What is the property of public dominion? Ans: Property of public dominion is defined by Article 420 of the Civil Code as follows: ART. No.R. Ray Burton Development Corp. Thus. the Court of Appeals should have based its decision on who had prior physical possession.R. Sps. (Ibid) (c) May the right of possession be claimed by a non-owner? What is the basis for recovery in an action for forcible entry? Ans: The fact that the parties do not and cannot own the property under litigation does not mean that the issue to be resolved is no longer priority of possession. The following things are property of public dominion: (1) Those intended for public use such as roads. shores. G. January 23. Consequently. de Castro(Ll. 530. it cannot be exercised by grandnephews and grandnieces.Considering that the parties’ transaction is a contract to sell. ports and bridges constructed by the State. Inasmuch as prior physical possession must be respected. there can be no dispute that same is part of public domain. the right of representation in the collateral line takes place only in favor of the children of brothers and sisters (nephews and nieces). or according to the precise terms agreed upon. The non-payment of the purchase price renders the contract to sell ineffective and without force and effect. 155733.” Evidently. et al. roadsteads. the Court of Appeals should have ruled squarely on the issue of abandonment because it gave precedence to the actual present possession of respondents. They have a vested right to participate in the inheritance. the parties cannot appropriate the land for themselves. or their children who were still alive at the time of her death on September 8.” As the land in controversy is a portion of Kennon Road which is for the use of the people. but is open to the indefinite public. as buyer? Black’s Law Dictionary defines specific performance as “(t)he remedy of requiring exact performance of a contract in the specific form in which it was made. 1972. (Ayala Life Assurance. The determining factor for one to be entitled to possession will be prior physical possession and not actual physical possession. This being the case. 158687. Arturo M.B. before the remedy of specific performance may be availed of. January 27. Thus. the only collateral relatives of Josefa Delgado who are entitled to partake of her intestate estate are her brothers and sisters. Since title is never in issue in a forcible entry case. Inc. Ll. 2006) 4. Are grandnephews and grandnieces entitled to inherit by the right of representation in the collateral line? Ans: No. v. there must be a breach of the contract.. (2) Those which belong to the State. De Damian. intimidation. (In the Matter of the Intestate Estates of Delgado & Rustia vs. torrents. 420. G. The main thing to be proven in an action for forcible entry is prior possession and that same was lost though force. canals. 2006) Succession 3. strategy and stealth. No. they cannot claim any right of possession over it. and other of similar character. 163075. If. Heirs of Marciana Rustia Vda. rivers.
and not against the debtor who did not benefit from the payment. Essential requisites of a binding contract. A thing is considered abandoned and possession thereof lost if the spes recuperandi (the hope of recovery) is gone and the animus revertendi (the intention of returning) is finally given up. The law. the one-year prescriptive period should be counted from the time the person deprived of possession demanded that the deforciant desist from such dispossession when the former learned thereof. compensated or prescribed. or of several debtors. the one-year period should be counted from the time he made the demand to respondents to vacate the land upon learning of such dispossession.B. 733 of the Civil Code. As alleged by petitioner in the Amended Complaint. and each of the debtors is bound to render. the third person who paid another’s debt is entitled to recover the full amount he had paid. which is governed by Article 1144 which provides that an action arising from a written contract is 10 years from the time the cause of action accrues. Arturo M. No. Under Section 1. which is defined as an obligation where there is a concurrence of several creditors. he was deprived of his possession over the land by force. We have ruled that where forcible entry was made clandestinely. No. Thus. Anno. but to no avail. a payment by a third person without the knowledge of the debtor cannot obligate the debtor to such third parson to an amount more than what he could have been compelled by the creditor to pay. January 27. January 31. (Ibid) 7. G. Considering that one of the means employed was stealth because the intrusion was done by respondent without his knowledge and consent. or of several creditors and debtors. however. (Anno vs. when should the one-year prescriptive period be counted from? Ans: From the time the person deprived of possession demanded the deforciant to desist from such dispossession. if the debtor has no knowledge of. (Ibid) 5.M. (b) Under Art. his remedy would be against the person who received the payment under such conditions. only then should respondents be given the possession of the same since abandonment is one way by which a possessor may lose his possession. and not against one who does not in fact hold the land. Where the defenses that could have been set up by the debtor against the creditor were existing and perfected. if the debt has been remitted. Ll. 2006) (c) None of the above.R.consideration by petitioner. PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof.. G. Rule 70 of the Rules of Court. the action may be filed against persons unlawfully withholding or depriving possession or any person claiming under them. (Ibid) (f) In forcible entry made clandestinely. strategy and stealth.. paid. 764 of the Civil Code from the non-compliance with the condition of the deed of donation. CA. de Castro(Ll. The record shows that upon being informed that respondents were constructing a building in the subject land sometime in the first week of August 1998. by virtue of which each of the creditors has a right to demand. (PCIB v. 121989. Considering that respondents are the ones in present actual possession and are depriving petitioner of the possession of the land in question. limits his recovery to the amount of which the debtor has been benefited. a donation with onerous cause is essentially a contract. or has expressed his opposition to such payment. we find that same was filed within the one-year prescriptive period. 2006) (b) Rule when third party pays an obligation without the knowledge of the debtor. (a) Define joint obligation. An action of forcible entry and detainer may be maintained only against one in possession at the commencement of the action. it is proper that they be the ones to be named defendants in the case. with the intent to lose such thing.R. Article 1208 of the Civil Code mandates the equal sharing of creditors in the payment of debt in the absence of any law or stipulation to the contrary. 163743. (Ibid) (e) May an action for forcible entry or unlawful detainer be filed against a party who is not in possession of the property? Ans: No. petitioner immediately protested and advised the former to stop. Ans: (b) 6. a payment by a third person would constitute a payment of what is not due. The prescriptive period to revoke a donation for non-compliance of its condition is: (a) Four year under Art. Ans: This case concerns a joint obligation. The fact that Gloria Banuca was supposedly the one who first committed forcible entry when she allegedly demolished the house of petitioner does not make her the proper party to be sued because she is no longer in possession or control of the land in controversy. Abandonment of a thing is the voluntary renunciation of all rights which a person may have in a thing. As regards the timeliness of the filing of the case for forcible entry. SJD) 20 . compliance with his proportionate part of the prestation which constitutes the object of the obligation. Ans: Generally.
who was residing in Quezon City asking for financial help. to make recompense to the one who has been injured by the failure of another to observe his contractual obligation unless he can show extenuating circumstances. de Castro(Ll. 1992. (2) object certain which is the subject matter of the contract. (b) Quasi-delict And for quasi-delict. negligence.Ans: Under Article 1318 of the Civil Code. The law. or delay. or of the attendance of fortuitous event. It took 25 days. this Court explained: In culpa contractual x x x the mere proof of the existence of the contract and the failure of its compliance justify. RCPI’s liability as an employer could of course be avoided if it could prove that it observed the diligence of a good father of a family to prevent damage. After 3 days. 1991 after 25 days. is obliged to pay for the damage done. are liable for damages. Issue: Is RCPI liable? Resolution: Yes. for Breach of Contract to Grace and for quasi-delict to the other plaintiffs (her father and sister Zenaida). Passing on this codal provision. there are three essential requisites which must concur in order to give rise to a binding contract: (1) consent of the contracting parties. (Roxas v. and those who in any manner contravene the tenor thereof. The RCPI telegram was finally delivered to Zenaida on February 15. RCPI bound itself to deliver the telegram within the shortest possible time. On April 17. either for their makers or for society. Indeed. Such fault or negligence. her daughter Grace Verchez-Infante immediately sent a telegram through the Sorsogon Branch of the RCPI to her sister. agreements can accomplish little. Article 2180 of the Civil Code so provides. The effect of every infraction is to create a new duty. (2) there is no causal connection between the delay of the telegram and the death of Editha. 2006) 8. . to excuse him from his ensuing liability. a corresponding right of relief. (a) Quasi-contract Article 1170 of the Civil Code provides: Those who in the performance of their obligations are guilty of fraud. The remedy serves to preserve the interests of the promissee that may include his “expectation interest.R. will not permit a party to be set free from liability for any kind of misperformance of the contractual undertaking or a contravention of the tenor thereof.M. RCPI interposed the defenses of: (1) force majeure due to defect in its transmission process. Force majeure is not present and the stipulation in the Telegram Transmission Form is a contract of adhesion and null and void. and (3) the liability of RCPI is limited under its Telegram Transmission Form.. is called a quasi-delict and is governed by the provisions of this Chapter. like proof of his exercise of due diligence .” xxx PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. prima facie. there being fault or negligence.B. Ll. Grace sent another telegram to Zenaida thru the JRS Delivery Service. . for RCPI to deliver it. and (3) cause of the obligation which is established.” which is h is interest in being reimbursed for loss caused by reliance on the contract by being put in as good position as he would have been in had the contract not been made.. that is. Arturo M. A breach upon the contract confers upon the injured party a valid cause for recovering that which may have been lost or suffered. The husband of Editha. reprimanding her for not sending financial aid. Zuzuarregui.” which is his interest in having the benefit of his bargain by being put in sa good a position as he would have been in had the contract been performed. January 31. Facts: Editha Hebron Verchez was confined at the Sorsogon Hospital on January 21. RCPI is liable to Grace’s co-respondents following Article 2176 of the Civil Code which provides: Whoever by act or omission causes damage to another. 152072. G. unless they are made the basis for action. however. Editha died. along with daughters Grace and Zenaida filed an action for damages against RCPI. or his “reliance interest. No. recognizing the obligatory force of contracts. 1991. if there is no pre-existing contractual relation between the parties. Zenaida Verchez-Catibog. SJD) 21 . or his “restitution interest” which is his interest in having restored to him any benefit that he has conferred on the other party. In the case at bar. when on the same date.
showing that the immediate or proximate cause of the damage or injury was a fortuitous event would not exempt one from liability.” xxx “RCPI’s arguments fail. the alleged radio noise and interferences which adversely affected the transmission and/or reception of the telegraphic message. For the defense of force majeure to prosper. When the effect is found to be partly the result of a persons’ participation – whether by active intervention. Knowing that messages about the illnesses or deaths of loved ones. secondly. and notices of conferences or meetings as in this case. Assuming arguendo that fortuitous circumstances prevented RCPI from delivering the telegram at the soonest possible time. to prove that it observed all the diligence of a good father of a family to prevent damage. xxx xxx xxx People depend on telecommunications companies in times of deep emotional stress or pressing financial needs.. For it is its breach of contract upon which its liability is. Additionally. RCPI is liable to Grace for damages. There lies the fault or negligence.M. (c) Force Majeure RCPI invokes force majeure. SJD) 22 . Since RCPI breached its contract. mental or psychological suffering sustained by the claimant. however. births or marriages in a family. however. RCPI argues. was inevitable. Respecting the first requisite. a determination of the presence of the following requisites to justify the award is in order: xxx firstly. Ll. In other words. de Castro(Ll. it is incumbent upon them to exercise a greater amount of care and concern than that shown in this case. For breach of contract then.. xxx it is necessary that one has committed no negligence or misconduct that may have occasioned the loss. In an earlier case also involving RCPI. the presumption is that it was at fault or negligent. nonetheless. xxx xxx xxx Article 1174 of the Civil Code states that no person shall be responsible for a fortuitous event that could not be foreseen or. it should have at least informed Grace for the non-transmission and the non-delivery so that the she could have taken steps to remedy the situation. important business transactions. though foreseen. it bears repeating. failed to rebut this presumption. One’s negligence may have oncurred with an act of God in producing damage and injury to another. there must be an exclusion of human intervention from the cause of injury or loss. Every reasonable effort to inform senders of the non-delivery of messages should be undertaken. however. it should exercise due negligence to ascertain that messages are delivered to the persons at the given address and should provide a system whereby in cases of undelivered messages the sender is given notice of non-delivery. It. An act of God cannot be invoked to protect a person who has filed to take steps to forestall the possible adverse consequences of such a loss. its messenger claimed he could not locate the address of Zenaida and it was only on the third attempt that he was able to deliver the telegram. evidence of besmirched reputation or physical. a culpable act or omission factually established. this Court held: Considering the public utility of RCPI’s business and its contractual obligation to transmit messages. specifically. against the presence of urgency in the delivery of the telegram. evidence of suffering by the plaintiffs-herein respondents was correctly appreciated by the CA in this wise: PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. thirdly. as well as the basis for the award of moral damages. (d) Moral damages and attorney’s fees Respecting the assailed award of moral damages. Arturo M. But it did not. that the case is predicated on any of the instances expressed or envisioned by Article 2219 and Article 2220 of the Civil Code.“RCPI failed. Messages sent by cable or wireless means are usually more important and urgent than those which can wait for the mail. anchored. proof that the wrongful act or omission of the defendant is the proximate cause of damages sustained by the claimant. and fourthly. are coursed through the petitioner and similar corporations.B. neglect or failure to act – the whole occurrence is humanized and removed from the rules applicable to acts of God.
giving no room for negotiation and depriving the latter of the opportunity to bargain on equal footing. The fact that the stipulations were located in a particular space where they can easily be seen. When its second long-delayed attempt to deliver the telegram again failed. which are among the instances of quasi-delict when courts may award moral damages under Article 2219 of the Civil Code.B. Article 2219 of the Civil Code provides: Moral damages may be recovered in the following and analogous cases: xxx xxx xxx (10) Acts and actions referred to in Articles 21.. shall produce a cause of action for damages. Verchez. prevention. who suffered from diabetes. it disrupted the “filial tranquility” among them as they blamed each other “for failing to respond swiftly to an emergency. Thus it argues: Neither can the Telegram Transmission Form be considered a contract of adhesion s held by the respondent court. One party prepares the stipulation in the contract. waited for another 12 days before making a third attempt. though they may not constitute a criminal offense. 27. therefore. Article 2220 of the Civil Code provides: Willful injury to property may be a legal ground for awarding moral damages if the court should find that. Such nonchalance in performing its urgent obligation indicates gross negligence amounting to bad faith. 30.M. On the fourth requisite. disturbed their filial tranquility. which the other party may accept or reject. SJD) 23 . knowing – as it should know – that time is of the essence in the delivery of telegrams. It would have been different if the stipulations were written at the back for surely there is no way the sender will easily notice them. RCPI insists that the limited liability clause in the “Telegram Transmission Form” is not a contract of adhesion. it. 28. 34. As for RCPI’s tort-based liability. A contract of adhesion is defined as one in which one of the parties imposes a ready-made form of contract. 26. (e) Contract of Adhesion Clutching at straws. leave the RCPI station and avail of the services of the other telegram operators. and 35. de Castro(Ll. Family members blamed each other for failing to respond swiftly to an emergency that involved the life of the late Mrs. this Court has awarded moral damages in cases of breach of contract where the defendant was guilty of gross negligence amounting to bad faith. privacy and peace of mind of his neighbors and other persons. 29. again. As a matter of fact they were beside the space where the telegram senders write their telegraphic messages. in turn. the second and third requisites are present. 32.The failure of RCPI to deliver the telegram containing the message of appellees on time. analogous to acts mentioned under Article 26 of the Civil Code. The following and similar acts.” The tortuous acts and/or omissions complained of in this case are. RCPI’s negligence in not promptly performing its obligation undoubtedly disturbed the peace of mind not only of Grace but also her co-respondents. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith. The fourth requisite is thus also present. and other relief: xxx xxx xxx (2) Meddling with or disturbing the private life or family relations of another. personality. Neither the readability of the stipulations nor their physical location in the contract determines whether it is one of adhesion. such damages are justly due. or in wanton disregard of his contractual obligation.. RCPI misunderstands the nature of a contract of adhesion. Article 26 of the Civil Code. The said stipulations were all written in bold letters right in front of the Telegram Transmission Form. provides: Every person shall respect the dignity. as is the award of attorney’s fees. while the other party merely affixes his signature or his “adhesion” thereto. Ll. but which the latter cannot modify. it did not inform Grace of the non-delivery thereof and waited for 12 days before trying to deliver it again. After RCPI’s first attempt to deliver the telegram failed. under the circumstances. In applying the above-quoted Article 2220. As observed by the appellate court. the award to the plaintiffs-herein respondents of moral damages is in order. Arturo M. is sufficient notice to any sender (like Grace Verchez-Infante) where she could manifest her disapproval. PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. In fine. respondents having been compelled to litigate to protect their rights. As reflected in the foregoing discussion.
has no bearing on its validity. mortgaged or leased. February 9. and the legal estate is granted to one party but the price is paid by another for the purpose of having the PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof.R. likewise. 2006) 11. Verchez. Entry alone produces the effect of registration. This Court holds that the Court of Appeals’ finding that the parties’ contract is one of adhesion which is void is. Mere entry in the primary Book is not enough. There is an implied trust when property is sold. the entry in the primary book did not ripen into registration. A contract which the law denounces as void is necessarily no contract at all and no effort or act of the parties to create one can bring about a change in its legal status.. Registration does not legitimize a void contract. 158149. thus well-taken. it is not enough that the parties agree on the price as well as the amount of downpayment. completely deprived of the opportunity to bargain on equal footing.R. In voluntary registration. (Bank of Commerce v. Ll. not being an essential element of a contract. Manalo. Good faith. Here. No. The parties must also agree on the manner of payment of the price of the property to give rise to a binding and enforceable contract of sale or contract to sell. The parties must.. agree on the manner of payment of the balance of the purchase price and on the other terms and conditions relative to the sale. petitioner admits that the second lease contract was refused registration by the Register of Deeds for his failure to comply with certain conditions for registration. SJD) 24 . (Ibid) (d) What is required for validity of registration of an instrument? Ans: Annotation on the owner’s duplicate original copy and on the original copy of the title. it is necessary not only to register the deed. In a contract to sell property by installments. It is well settled that for the registration of voluntary instrument (e. Is a contract of sale perfected if there is an agreement as to the price but its manner of payment is left for future negotiation? Ans: No. deed of sale or contract of lease). No. And since petitioner failed to comply with all the requisites for entry and annotation. entry in the day book will not convey or affect the land sold. 164349. instrument of assignment.M. such that a disagreement on the manner of payment is tantamount to a failure to agree on the price.B. G. 2006 (b) A lease contract entered into by the son of the former owner is void. since it is construed strictly against the party who drafted it or gave rise to any ambiguity therein. (Ballesteros v. given the facts and circumstances of the case. Arturo M. February 9. Whether the second lease contract was registered or not was immaterial since it was void. if the owner’s duplicate certificate is not surrendered and presented or if no payment of registration fees is made within fifteen days. G.. such payment cannot be considered as sufficient proof of the perfection of any purchase and sale between the parties. mortgage or lease in the entry book of the register of deeds but also for the Register of Deeds to annotate a memorandum thereof on the owner’s duplicate certificate and its original. whether the transaction entered is voluntary or involuntary. Neither did respondents authorize him to enter into a new lease contract with petitioner.While a contract of adhesion is not necessarily void and unenforceable. It is not enough for the parties to agree on the price of the property. Petitioner’s claim of good faith is of no moment. No amount of good faith can validate an agreement which is otherwise void. and nothing more remains to be done but a duty incumbent solely on the Register of Deeds. it is stricken down as void and unenforceable or subversive of public policy when the weaker party is imposed upon in dealing with the dominant bargaining party and is reduced to the alternative of taking it or leaving it. Even if the buyer makes a downpayment or portion thereof. 1448. 2006) 9. (a) Is good faith material in determining the validity of a contract? Ans: No. Abion.g. G. What is a purchase money resulting trust? Ans: Article 1448 of the Civil Code on implied trust provides: Art.” (Ibid) 10. the sale of the property by Dr. No.” (RCPI v. de Castro(Ll. Ronald Vargas could not have validly executed the second lease agreement upon which petitioner now bases his right to the continued possession of the property.R. January 31. The good faith of a party in entering into a contract is immaterial in determining whether it is valid or not. Ans: Under the principle of relativity of contracts. so long as the registrant has complied with all that is required of him for purposes of entry and annotation. Vargas to respondent bound Ronald Vargas as an heir of the seller. (Ibid) (c) What is the effect of registration of a void contract? Ans: Petitioner’s third argument is likewise without merit. This is so because the agreement as to the manner of payment goes into the price. 143361. Thus.
G. de Castro(Ll. Burcena. it being disputably presumed that there is a gift in favor of the child. a certificate of title. the owner may rest secure. if the person to whom the title is conveyed is a child. respondent’s action which is for Reconveyance and Cancellation of Title is based on an implied trust under Art.R. Ownership is different from a certificate of title. What is the principle of indefeasibility of title? Ans: It is well settled that a Torrens title cannot be collaterally attacked. The fact that petitioner was able to secure a title in her name did not operate to vest ownership upon her of the subject land. Section 32 of Presidential Decree No. A certificate of title is merely an evidence of ownership or title over the particular property described therein. Based on implied trust? Ten (10) years from registration of title. January 31. Jr. the four-year period shall be counted therefrom. No. such discovery is deemed to have taken place upon the issuance of the certificate of title over the property. Its issuance in favor of a particular person does not foreclose the possibility that the real property may be co-owned with persons not named in the certificate. It has been invariably stated that the real purpose of the Torrens System is to quiet title to land and to stop forever any question s to its legality. In such case. through an action for reconveyance. neither does it permit one to enrich himself at the expense of others.B. thus. What cannot be collaterally attacked is the certificate of title and not the title or ownership which is represented by such certificate. because it is not a mode of acquiring ownership. February 17.. Moreover. changed. of the one paying the price of the sale. the fouryear prescriptive period under Article 1391 begins to run from the time of discovery of the mistake. while the latter is the beneficiary. (Comilang v. Arturo M. Once a title is registered. Registration of a piece of land under the Torrens System does not create or vest title. (a) May ownership of a titled property be contested? Ans: Yes. and (b) such consideration must be furnished by the alleged beneficiary of a resulting trust. 2006) 12. The trust created under the first sentence of Article 1448 is sometimes referred to as a purchase money resulting trust. once registered. altered. 1456 of the Civil Code since he averred in his complaint that through fraud petitioners were able to obtain a Certificate of Title over the property. Trono. modified. legitimate or illegitimate. Notwithstanding the indefeasibility of the Torrens title. or an equivalent. the registered owner may still be compelled to reconvey the registered property to its true owner. property or services. whether or not it was fraudulently issued. nor can it be used as a shield for the commission of fraud. can only be raised in an action expressly instituted for the purpose. 164787. February 13. 1529 provides that upon the expiration of said period of one year. enlarged or diminished except in a direct proceeding permitted by law. but also upon all matters that might be litigated or decided in the land registration proceedings. Registration of real property is a constructive notice to all persons and. without the necessity of waiting in the portals of the court. 2006) 13. Ans: Generally. The four-year prescriptive period relied upon by the petitioners apply only if the complaint seeks to annul a voidable contract under Article 1390 of the Civil code.R. No. SJD) 25 . or sitting on the “mirador su casa” to avoid the possibility of losing his land. The rationale for the rule is that reconveyance does not set aside or re-subject to review the findings of fact of the Bureau of PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. the elements of which are: (a) an actual payment of money. However. The former is the trustee. An action for reconveyance based on implied or constructive trust prescribes in ten years from the alleged fraudulent registration or date of issuance of the certificate of title over the property.e. A decree of registration that has become final shall be deemed conclusive not only on the questions actually contested and determined. (Crisostomo v. he does not seek the annulment of a viodable contract whereby Articles 1390 and 1391 of the Civil Code would find application such that the cause of action would prescribe in four years. 2006) 14. should not thereafter be impugned.. 130871. (Fil-Estate Management. G. it does not deprive an aggrieved party of a remedy in law. constituting valuable consideration. intimidation. Ll. undue influence or fraud.R. no trust is implied by law. Inc. an action for reconveyance of real property based on fraud prescribes in four years from the discovery of fraud..beneficial interest of the property. What is the prescriptive period for reconveyance based on fraud? Four (4) years from discovery of the fraud. However. the issue on the validity of title. Hence. whether or not respondents have the right to claim title over the property in question is beyond the province of the instant proceeding. It cannot be used to protect a usurper from the true owner. True. violence. or that it may be held in trust for another person by the registered owner. That should be threshed out in a proper action. G. Garcia. No.. the decree of registration and the certificate of title shall become incontrovertible. In the case at bar.M. i. 146853. v.
As the employer of Gerosano. de Castro(Ll. 144723. Venturina. G. CA. the immediate and proximate cause of the injury being the defendant’s lack of due care. to its rightful or legal owner. petitioner’s liability to private respondents for the negligent and imprudent acts of her driver. . as in this case. petitioner is primarily and solidarily liable for the quasidelict committed by the former. In an action for reconveyance. Petitioner is presumed to be negligent in the selection and supervision of his employee by operation of law and may be relieved of responsibility for the negligent acts of his driver. Case law teaches that for an employer to have exercised the diligence of a good father of a family. Arturo M. to seek its reconveyance and annul any certificate of title covering it. having failed to rebut the legal presumption of negligence in the election and supervision of her driver. there arises the juris tantum presumption that the employer is negligent. to hold otherwise would be to put premium on land-grabbing and transgressing the broader principle in human relations that no person shall unjustly enrich himself at the expense of another. Ll. (Ibid) (c) Contributory negligence.M.. but the courts shall mitigate the damages to be awarded. under Article 2180 of the Civil Code is both manifest and clear. who at the time was acting within the scope of his assigned task. the decree of registration is respected as incontrovertible. 2006) (b) When is an action for reconveyance imprescriptible? Ans: An action for reconveyance does not prescribe when the plaintiff is in possession of the land to be reconveyed. But if his negligence was only contributory. (Estacion v. (Naval vs. the plaintiff may recover damages. Similarly. G. we have clarified the meaning of the diligence of a good father of a family. or to the one with a better right. is responsible for damages. the basis of the liability being the relationship of pater familias or on the employer’s own negligence. (a) What is the liability of an employer for quasi-delict committed by his driver? Ans: Solidary.B. Petitioner. an employer must rebut the presumption by presenting adequate and convincing proof that in the selection and supervision of his employee. he must also carefully examine the applicant for employment as to his qualifications. thus: The diligence of a good father referred to in the last paragraph of the aforecited statute means diligence in the selection and supervision of employees. he cannot recover damages. When the plaintiff’s own negligence was the immediate and proximate cause of his injury.” (Ibid) 15. the same pronouncement was reiterated by the Court: . No better situation can be conceived at the moment for Us to apply this rule on equity than that of herein petitioners whose . What is sought instead is the transfer of the property or its title which has been wrongfully or erroneously registered in another person’s name. No. Moreover. The paramount reason for this exception is based on the theory that registration proceedings could not be used as a shield for fraud. when an employee. We hold that in such a situation the right to quiet title to the property. possession of the litigated property for no less than 30 years and was suddenly confronted with a claim that the land she had been occupying and cultivating all these years. Zuniga (418 SCRA 273-274 ). he should not be satisfied with the applicant’s mere possession of a professional driver’s license. 167412. which right can be claimed only by one who is in possession. PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Malay. Bernardo. For the employer to avoid the solidary liability for a tort committed by his employee. causes damage to persons or property due to his own negligence. In sum. wile performing his duties. .. Ans: In Yambao v. accrued only from the time the one in possession was made aware of a claim adverse to his own. his experience and record of service.R. he or she exercises the care and diligence of a good father of a family. Thus. and it is only then that the statutory period of prescription commences to run against such possessor. the reason for the rule being. .R. that his undisturbed possession gives him a continuing right to seek the aid of the court of equity to ascertain and determine the nature of the adverse claim of a third party and its effect on his own title. There is settled jurisprudence that one who is in actual possession of a piece of land claiming to be owner thereof may wait until his possession is disturbed or his title is attacked before taking steps to vindicate his right. 2006) (b) Explain the concept of diligence of a good father of the family. was titled in the name of a third person. either in the selection of the employee or in thesupervision over him after the selection. February 27. only if he can show that he observed all the diligence of a good father of a family to prevent damage. No. SJD) 26 . February 22. . in the case of David v.Lands.
As one of the modes of acquiring ownership. which indubitably consider incurability as an integral requisite of psychological incapacity.B. It would be insensate to reason to mandate in this case an expert medical or clinical diagnosis of incurability. This also means that the debtor cannot ask for the release of any portion of the mortgaged property or of one or some of the several lots mortgaged unless and until the loan thus secured has been fully paid. Any lingering doubts are further dispelled by the fact that the Catholic Church tribunals. Such cause for the annulment of marriage is recognized as a vice of consent. each and every parcel under mortgage answers for the totality of the debt. Book III.R. and (2) the payment is made through mistake. and the person who received the payment. 2006) 17. Arturo M. 664 . March 17. taking into account the contributing negligence of respondent Noe.” We stated earlier that Molina (Republic v. 146021. PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Ans: There is solutio indebiti where (1) payment is made when there exists no binding relation between the payor. From the totality of the evidence. (BPI v. Hence. the rule on pari delicto under the general provisions of contracts is applicable to the present case. Furthermore. 335 Phil... The defendant must thus be held liable only for the damages actually caused by his negligence. Ll. just like insanity impinges on consent freely given which is one of the essential requisites of a contract. G.R. Tolentino likewise stated in the 1990 edition of his commentaries on the Family Code that this “psychological incapacity to comply with the essential marital obligations does not affect the consent to the marriage. we likewise rule that the demands of substantial justice are satisfied by distributing the damages also on a 20-80 ratio excluding attorney’s fees and litigation expenses. “The concept of psychological incapacity as a ground for nullity of marriage is novel in our body of laws. Ramirez vs. at the time of the celebration. What is the concept of psychological incapacity under Art. donations are governed by Title 3. Hence. 19. (Antonio v. The initial common consensus on psychological incapacity under Article 36 of the Family Code was that it did not constitute a specie of vice of consent.The underlying precept of the above article on contributory negligence is that a plaintiff who is partly responsible for his own injury should not be entitled to recover damages in full but must bear the consequences of his own negligence. of the Civil Code. indivisibility means that the mortgage obligation cannot be divided among the different lots. The quasi-contract of solutio indebiti is based on the ancient principle that no one shall enrich himself unjustly at the expense of another. also known Molina case) is not sent in stone. that is. notwithstanding the fact that there has been partial fulfillment of the obligation. March 10. and conceded that the spouse may have given free and voluntary consent to a marriage but was nonetheless incapable of fulfilling such rights and obligations. who has no duty to pay. and not through liberality or some other cause xxx. In the present case. Sarmiento. No. and that the interpretation of Article 36 relies heavily on a caseto-case perception. partial payment was made by the debtor on his total outstanding loan or obligation. Dr. Define solutio indebiti. Reyes. have opined that psychological incapacity is not a vice of consent. In essence. March 10. since the parties would have had no impeling cause to present evidence to that effect at the time this case was tried by the RTC more than ten (10) years ago. both members of the Family Code revision committee that drafted the Code. although mental incapacity has long been recognized as a ground for the dissolution of a marriage. SJD) 27 . G. 2006 Doctrine of pari delicto is applicable to donation. Donations inter vivos are additionally governed by the general provisions on obligations and contracts in all that is not determined by the title government donations. Ramirez. No. before foreclosure proceedings. No. Justices Sempio-Diy and Caguioa. de Castro(Ll. 155800.R. 36 of the Family Code as a ground for nullity of marriage? Ans: Article 36 of the Family Code states that “[a] marriage contracted by any party who. it is provided that the debtor who has paid a part of the debt cannot ask for the proportionate extinguishment of the mortgage as long as the debt is not completely satisfied. shall likewise be void even if such incapacity becomes manifest only after its solemnization. Court of Appeals.M. G. was psychologically incapacitated to comply with the essential marital obligations of marriage. (Ibid) 16. 2006) 18. what the law proscribes is the foreclosure of only a portion of the property or a number of the several properties mortgaged corresponding to the unpaid portion of the debt where. Ans: The rule on indivisibility of a real estate mortgage is provided for in Article 2089 of the Civil Code. This rule presupposes several heirs of the debtor or creditor and therefore not applicable to the present case. State the concept of indivisibility of a real estate mortgage. were sufficiently convinced that respondent was so incapacitated to contract marriage to the degree that annulment was warranted. we are sufficiently convinced that the incurability of respondent’s psychological incapacity has been established by the petitioner. 165088.
where the essential requisites of a contract are present and the simulation refers only to the content or terms of the contract. Similarly.The Court agrees with the rulings of the CA and the RTC that petitioner and respondent are in pari delicto. As a result. Article 48 of the Family Code mandates: ART. 48. there is a colorable contract but it has no substance as the parties have no intention to be bound by it. SJD) 28 . Although. Such intention is determined not only from the express terms of their agreement. the rule then applicable. Psychological incapacity under Art. Hence. therefore. their preservation is not the concern alone of the family members. Ll. 2006) 21. the contract is relatively simulated and the parties are still bound by their real agreement. it cannot be said that the contract was not supported by a cause or consideration or that Narciso never intended to transfer ownership thereof. in pari delicto. if the parties state a false cause in the contract to conceal their real agreement. In fact. the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed. Both petitioner and respondent are... Other than the Public Prosecutor’s Manifestation that no collusion existed between the contending PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Therefore.” xxx “In this case. Indeed. 20. 36 of the Family Code Prefatorily. The main characteristic of an absolute simulation is that the apparent contract is not really desired or intended to produce legal effect or in any way alter the juridical situation of the parties.R. the Deed of Donation and the Waiver of Possessory Rights were executed for an illegal cause. the agreement is absolutely binding and enforceable between the parties and their successors in interest. Ans: Article 1345 of the Civil Code provides that the simulation of a contract may either be absolute or relative. Undeniably. refers to a situation where the cause of the contract is unlawful or forbidden but does not constitute a violation of the criminal laws. The State can find no stronger anchor than on good. which became due upon the death of Dolores. the records reveal that the clear intent of Narciso Valerio in executing the 1975 Deed of Sale was to transfer ownership of the apportioned areas of his 6. no monetary consideration was received by landowner Narciso from any of the vendees. to intervene for the State in order to see to it that the evidence submitted is not fabricated. In absolute simulation. the court shall order the prosecuting attorney to investigate whether or not a collusion between the parties exists. Our family law is based on the policy that marriage is not a mere contract. de Castro(Ll. the donated properties pertain only to the object.5-hectares land to petitioners as his heirs and to his tenant Alejandro. his argument misses the point insofar as the cause is concerned. the primary consideration in determining the true nature of a contract is the intention of the parties. thus completing all the requisites for the application of Article 1411. hence. solid and happy families. provides: Sec. No. 6. the State did not actively participate in the prosecution of the case at the trial level.M. Arturo M. March 28. but also from the contemporaneous and subsequent acts of the parties. In the case at bar. which they applied. The break up of families weakens our social and moral fabric and.B. it bears stressing that it is the policy of our Constitution to protect and strengthen the family as the basic autonomous social institution and marriage as the foundation of the family. no judgment shall be based upon a stipulation of facts or confession of judgment. Refresca. and if there is no collusion. Article 1412 of the Civil Code. (Valerio v. No defaults in actions for annulment of marriage or for legal separation – If the defendant in an action for annulment of marriage or for legal separation fails to answer. In all cases of annulment or declaration of absolute nullity of marriage. the motive behind the forgery. while he is correct in stating that the object of the donation is legal. Nevertheless. G. both courts erred on the applicable law. is the desire to evade the payment of publication expenses and inheritance taxes. but a social institution in which the state is vitally interested. Section 6 of Rule 18 of the 1985 Rules of Court. Distinguish between absolute and relative simulation of contract. However. 163687. an absolutely simulated or fictitious contract is void. and the parties may recover from each other what they may have given under the contract. In the cases referred to in the preceding paragraph. the latter shall prevail. If the words of a contract appear to contravene the evident intention of the parties. In this regard. The cause which moved the parties to execute the Deed of Donation and the Waiver of Possessory Rights. Petitioner wrongly asserts that the donated real properties are both the object and cause of the donation.
with respect to obligations to pay a sum of money. the Court clarified in Marcos v. Wheelie there is really no hard and fast rule to determine what might constitute sufficient change resulting in novation. de Castro(Ll. Be that as it may. as expert witness would have strengthened Norma’s claim of Eulogio’s alleged psychological incapacity. the Court declared that psychological incapacity must be characterized by (a) gravity. While an actual medical. Norma’s omission to present one is fatal to her position. (b) juridical antecedence. In Santos v. Norma alone testified in support of her complaint for declaration of nullity for her marriage under Article 36 of the Family Code. the obligation is not novated by an instrument that expressly recognized the old. however.” xxx “Later. 220. 2006) PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. There can be no conclusion of psychological incapacity where there is absolutely no showing that the “defects” were already present at the inception of the marriage or that they are incurable. it is not enough to prove that a spouse failed to meet his responsibility and duty as a married person.R Nos. an adverse integral element in the personality structure that effectively incapacitates a person from accepting and complying with the obligations essential to marriage. G. There was no proof of a natal or supervening disabling factor in the person. the touchstone. Norma admitted in her testimony that her marital woes and Eulogio’s disagreeable behavior started only after the birth of their firstborn and when Eulogio lost his job. (Sps. unbearable jealousy. in order that the allegation of psychological incapacity may not be considered a mere fabrication. habitual alcoholism. incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage. or the fabrication or suppression of evidence. Molina. no other evidence was presented to show that Eulogio was not cognizant of the basic marital obligations as outlined in Articles 68 to 72. SJD) 29 . March 31. changes only the terms of payment. Further. no pleading. motion or position paper was filed by the Public Prosecutor or the OSG. Marcos (397 SCRA 840 ) that there is no requirement that the defendant/respondent spouse should be personally examined by a physician or psychologist as a condition sine qua non for the declaration of nullity of marriage based on psychological incapacity. is irreconcilable incompatibility between the old and new obligations. Reyes vs. It should refer to “no less than a mental. and abandonment of his family. not physical. constitutional laziness. The Court cannot presume psychological defect from the mere fact of Eulogio’s immaturity. These circumstances by themselves cannot be equated with psychological incapacity within the contemplation of the Family Code. the circumstances relied upon by Norma are grounds for legal separation under Article 55 of the Family Code. Truly.. In fact. Such psychological incapacity. only the active participation of the Public Prosecutor or the OSG will ensure that the interest of the State is represented and protected in proceedings for annulment and declaration of nullity of marriages by preventing collusion between the parties. (Republic v. or the new contract merely supplements the old one. Subsequently. Melgar. adds other obligations not incompatible with the old ones. Ll. March 31. No. It must be shown that these acts are manifestations of a disordered personality which make Eulogio completely unable to discharge the essential obligations of the marital state. 139676. 2006) 22.R. All told. G. Molina. Arturo M.. At best. not physical. the Court laid down in Republic of the Philippines v. evidence other than Norma’s lone testimony should have been adduced.” The intendment of the law has been to confine the meaning of “psychological incapacity” to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. the totality of evidence presented by Norma is completely insufficient to sustain a finding that Eulogio is psychologically incapacitated. (a) What are the requisites of novation as a mode of extinguishing an obligation? Ans: The cancellation of the old obligation by the new one is a necessary element of novation which may be effected either expressly or impliedly. BPI Family Savings Bank. It was not sufficiently proved that Eulogio was really incapable of fulfilling his duties due to some incapacity of a psychological nature. As the Court ruled in Republic of the Philippines v. illness. 221 and 225 of the Family Code. however. the guidelines in the interpretation and application of Article 36 of the Family Code. The State should have been given the opportunity to present controverting evidence before the judgment was rendered. Court of Appeals. it is essential that he must be shown to be incapable of doing so due to some psychological. Eulogio was already suffering from a psychological defect which in fact deprived him of the ability to assume the essential duties of marriage and its concomitant responsibilities. maltreatment. In the present case. the well-settled rule is that. Inc. and (c) incurability.parties and the brief cross-examination which had barely scratched the surface.. must be established by the totality of the evidence presented during the trial.M. 149840-41. Thus. She failed to establish the fact that at the time they were married. x x x.B. and not merely physical. psychiatric or psychological examination is not a conditio sine qua non to a finding of psychological incapacity.
(1) State the number of pages on which the will is written. They cannot now be allowed to repudiate their obligation to the bank after Transbuilders’ default. the seller reserved the right to refuse to accept any bid made. An offer is the manifestation of willingness to enter into a bargain in such a way as to justify the other process in understanding that an assessment will conclude the agreement. despite Article 809. the signatures to the attestation clause establish that the witnesses are referring to the statements 30 PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Ll. as was the situation in Singson and Taboada. On the other hand. there could have been no substantial compliance with the requirement under Article 805 since there is no statement in the attestation clause or anywhere in the will itself as to the number of pages which comprise the will. And perhaps most importantly a will which does not contain an acknowledgment. An offer ripens into a contract when it is accepted. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. Arturo M. it has been the consistent holding of this Court that contracts of adhesion are not invalid per se on numerous occasions. 2006) (b) What is the purpose of requiring the attestation clause to state the number of pages on which the will is written? Ans: The failure of the attestation clause to state the number of pages on which the will was written remains a fatal flaw. is fatally defective. While petitioners’ liability was written in fine print and in a contract prepared by BPI-FSB.” The respective intents behind these two classes of signature are distinct from each other. No.(b) Contract of Adhesion is not null and void per se. de Castro(Ll. No. The mere determination of a public official bound to accept the offer or a proposal of a bidder does not constitute a contract. The signatures on the left-hand corner of every page signify. SJD) . (Ibid) 23. (2) Signed by the instrumental witnesses (3) Must contain an acknowledgment. April 7. (Azuela v. (2) Object certain which is the subject matter of the contract. It is only when the awardee receives the notice of award that a contract of sale is perfected between the bidder and the seller. A will whose attestation clause is not signed by the instrumental witnesses is fatally defective. a binding sale is not perfected until the seller accepts the bid. that the witnesses are aware that the page they are signing forms part of the will.R. a bid at an auction constitutes an offer to buy. not a mere jurat. (Ibid) (c) Which must the attestation clause be signed in addition to the signature on the left hand corner on each page of the will? Ans: Article 805 particularly segregates the requirement that the instrumental witnesses sign each page of the will. April 12. Petitioners voluntarily executed the real estate mortgage on their property in favor of BPI-FSB to secure the P15M loan of Transbuilders. G. Court of Appeals. Following Caneda. 122880. Any one of these defects is sufficient to deny probate. 2006) 24.R.M. Perfection of Contract of Sale by public bidding is upon receipt of notice of award by the bidder. (a) Requirements for valid attestation clause. as in this case. from the requisite that the will be “attested and subscribed by [the instrumental witnesses]. Where. in this case. The failure to state the number of pages equates with the absence of an avernment on the part of the instrumental witnesses as to how many pages consisted the will.. A will whose attestation clause does not contain the number of pages on which the will is written is fatally defective. A notarial will with all three defects is just aching for judicial rejection. we have upheld the binding effects of such contracts. among others. G. (3) Cause of the obligation which is established. 167048. there is substantial compliance with this requirement if the will states elsewhere in it how many pages it is comprised of. The offer must be certain and the acceptance absolute. (Caugma v. but a mere jurat.. The seller may exercise his right to reject any bid even after the auctioneer has accepted a bid. However. The awardee is not obliged to make payment for the property bid until after notice to the awardee. Thus. the execution of which they had ostensibly just witnesses and subscribed to. Article 1318 of the New Civil Code provides that there is no contract unless the following requisites concur: (1) Consent of the contracting parties. People. The purpose of the law in requiring the clause to state the number of pages on which the will is written is to safeguard against possible interpolation or omission of one or some of its pages and to prevent any increase or decrease in the pages.B.
since the signatures that do appear on the page were directed towards a wholly different avowal. two indispensable requisites must concur. For an action to quiet title to prosper. which appears valid but is. SJD) . Considering that petitioners herein continuously possessed Lot No. (Ibid) (c) What is the concept of laches? State its requisites. encumbrance or proceeding claimed to be casting cloud on his title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy. Without diminishing the value of the instrumental witnesses’ signatures on each and every page. In Evangelista v. where the person seeking relief is in possession of the disputed property. (Ibid) (d) What is the purpose of acknowledgment of a will? Ans” The acknowledgment made in a will provides for another all-important legal safeguard against spurious wills or those made beyond the free consent of the stator. thus allowing for the criminal prosecution of persons who participate in the execution of spurious wills. by reason of any instrument. and (2) the deed. It is negligence or omission to assert a right within a reasonable time. Hernandez. The settled rule is that an action for quieting of title is imprescriptible. even if it is subscribed and sworn to before a notary public. Santiago (457 SCRA 744. (Ibid) 25. G. Even if the instrumental witnesses signed the left-hand margin of the page containing the unsigned attestation clause. ineffective. The acknowledgment coerces the testator and the instrumental witnesses to declare before an officer of the law that they had executed and subscribed to the will as their own free act or deed. Indeed. who are required under Article 805 to state the number of pages used upon which the will written. It also provides a further degree of assurance that the testator is of certain mindset in making the testamentary dispositions to those persons he/she had designated in the will. Under Article 476 of the Civil Code. An unsigned attestation clause results in an unattested will. the fact must be noted that it is the attestation clause which contains the utterances reduced into writing of the testamentary witnesses themselves. Arturo M. as in the instant case. An acknowledgment is not an empty meaningless act. 2006) (b) What is the prescriptive period for quieting of title? Ans: None. The only proof in the will that the witnesses have stated these elemental facts would be their signatures on the attestation clause.M. such signatures cannot demonstrate these witnesses’ undertakings in the clause. by which means he can maintain control and. Ans: In an action for quieting of title. 168222.. a cloud is thereby cast on the complainant’s title to real property or any interest therein. and that his undisturbed possession gives him the continuing right to seek the aid of a court of equity to ascertain and determine the nature of the adverse claim of a third party and its effect on his title. (a) State the concept of quieting of title and its requisites.R. and that they witnessesed and signed the will and all the pages thereof in the presence of the testator and of one another. their right to institute a suit to clear the cloud over their title cannot be barred by the statute of limitations. as a rule. Such declaration is under oath and under pain of perjury. the fact that the testator had signed the will and every page thereof. Ll. Thus. It is the evidence of the right of the owner or the extent of his interest. claim. claim.. 379 since 1929 up to the present. While it is by express provision of law that no title to registered land in derogation of that of the registered owner shall be acquired by 31 PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. the attestation clause is separate and apart from the disposition of the will. A notarial will that is not acknowledged before a notary public by the testator and the witnesses is fatally defective. It is the witnesses. as they failed to sign the attestation clause. Ans: The failure or neglect. Article 477 of the same Code states that the plaintiff must have legal or equitable title to. record. No. A person in actual possession of a piece of land under claim of ownership may wait until his possession is disturbed or his title is attacked before taking steps to vindicate his right. the remedy may be availed of only when. April 18. for an unreasonable length of time to do that which by exercising due diligence could or should have been done earlier constitutes laches. voidable or unenforceable.B. (Rumarate v. namely: (1) the plaintiff or complainant has a legal or an equitable title to or interest in the real property subject of the action. in fact. de Castro(Ll. warranting a presumption that the party entitled to assert it has either abandoned it or declined to assert it.contained in the attestation clause itself. it was held that title to real property refers to that upon which ownership is based. 766 ). or interest in the real property which is the subject matter of the suit. and not the testator. invalid. the court is tasked to determine the respective rights of the parties so that the complainant and those claiming under him may be forever free from any danger of hostile claim. assert a right to exclusive possession and enjoyment of the property. or those executed without the free consent of the testator. encumbrance or proceeding. the subject will cannot be considered to have been validly attested to by the instrumental witnesses.
They arise from the nature or circumstances of the consideration involved in a transaction whereby one person thereby becomes invested with legal title but is obligated in equity to hold his legal title for the benefit of another. implied trusts are either resulting or constructive trusts.Ponente) 29. (4) That they be liquidated and demandable... No. they be of the same kind. Azcuna . thus: Art. in the same way he is liable for deficiency. the obligation is demandable and liquidated. Define compensation as a mode of extinguishing obligation. Ans: Mora solvendi. are creditors and debtors of each other. Enumerate its requisites. and also of the same quality if the latter has been stated. Legal compensation takes place by operation of law when all the requisites are present. Corp. Compensation shall take place when two persons. v. (a) Define default (mora solvendi). it is likewise an enshrined rule that even a registered owner may be barred from recovering possession of property by virtue of laches. Ans: A trust is the legal relationship between one person having an equitable ownership in property and another person owning the legal title to such property. (a) Define Laches. 2006) (b) Mortgagor is entitled to the surplus in the bid price. First. or debtor’s default. commenced by third persons and communicated in due time to the debtor. and that he be at the same time a principal creditor of the other. No. The elements of laches are: (1) conduct of a party on the basis of which the other party seeks a remedy. May 3.R. and even contrary to. either through implication of an intention to create a trust as a matter of law or through the imposition of the trust irrespective of. 165662. any such intention.” The Civil Code enumerates the requisites of legal compensation. In turn. There are three requisites necessary for a finding of default. 28. (2) That both debts consist in a sum of money. SJD) . Rabanillo. third. G.B. Ll. de Castro(Ll. the creditor judicially or extrajudicially requires the debtor’s performance. (3) That the two debts be due.prescription or adverse possession. is defined as a delay in the fulfillment of an obligation. despite having had knowledge or notice of the other party’s conduct and having been afforded an opportunity to institute a suit. Arturo M. 150712. CA. Art. (Selegna Management & Dev’t. while implied trusts come into being by operation of law. (Ibid) 26. 2006. the debtor delays performance. (Pigao v. as will operate 32 PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Express trusts are created by the intention of the trustor or of the parties. 490 SCRA 178. the equitable ownership of the former entitling him to the performance of certain duties and the exercise of certain powers by the latter. it is necessary: (1) That each one of the obligors be bound principally.M. May 2.R. or if the things due are consumable. in their own right. second. (BPI vs. and (4) injury or prejudice to the party asserting laches in the event the suit is allowed to prosper. Resulting trusts are based on the equitable doctrine that valuable consideration and not legal title determines the equitable title or interest and are presumed always to have been contemplated by the parties. UCPB. Ans: The Court has expounded on compensation and more specifically on legal compensation as follows: “x x x compensation is a mode of extinguishing to the concurrent amount the obligations of persons who in their own right and as principals are reciprocally debtors and creditors of each other. by reason of a cause imputable to the debtor. (2) delay in asserting one’s rights. Ans: Laches has been defined as such neglect or omission to assert a right. as opposed to conventional compensation which takes place when the parties agree to compensate their mutual obligations even in the absence of some requisites. G. Define trust. (3) lack of knowledge or notice on the part of a party that a person against whom laches is imputed would assert the right. June 8. 1279. and each kind of trust. Trusts are either express or implied. 1278. 2006) 27. In order that compensation may be proper. taken in conjunction with the lapse of time and other circumstances causing prejudice to an adverse party. (5) That over neither of them there be any retention or controversy.
when used as a defense. by exercising due diligence. (Programme. Cariño.as a bar in equity. as prescribed by the decisions of this Court. Injury or prejudice to the defendant in the event relief is accorded to the complainant. Ll. de Castro(Ll. De Cabrera. (Ibid) (d) May a registered owner of a property under Torrens Title be barred from recovering possession by laches? Ans: Yes.R. (Panganiban vs. 267 SCRA 339 ) (Heirs of Dicman vs. of the defendant’s conduct and having been afforded an opportunity to institute a suit. the complainant having had knowledge or notice. all the four (4) elements of laches. In net effect. This is in consonance with Article 1290 of the Civil Code which provides that: When all the requisites mentioned in article 1279 are present. or of one under whom he claims. Compensation takes effect by operation of law even without the consent or knowledge of the parties concerned when all the requisites mentioned in Article 1279 of the Civil Code are present. Conduct on the part of the defendant.B. Ong. G. Vda. Inc. vs. giving rise to the situation of which complaint is made and for which the complaint seeks a remedy. No. Laches applies in equity. 2006) (b) Distinguish laches from prescription. Prescription is a matter of time. Since it takes place ipso jure. the provision applies only when the creditor cannot recover in any other manner what is due him. supra) 30. Bataan. it retroacts to the date when all its requisites are fulfilled. 448. because it takes place automatically by operation of law. could or should have been done earlier. June 21. 2006) 31. Dayrit. (Union Bank of the Philippines vs. which applies only to one who sows. it is negligence or omission to assert a right within a reasonable time. laches is not. July 28. While prescription is concerned with the fact of delay. c. warranting the presumption that the party entitled to assert it either has abandoned or declined to assert it. laches is concerned with the effect of delay. 268. 151235. to wit: a. Prescription is statutory. this inequity being founded on some change in the condition of the property or the relation of the parties. June 8. Delay in asserting the complainant’s rights. 335 Phil. Cariño. whereas prescription applies at law. A Lessee cannot claim to be a possessor in good faith under Art.. What is accion pauliana? Ans: The rescissory action to set aside contracts in fraud of creditors is accion pauliana. It is based on public policy which. Arturo M. (Heirs of Dicman vs. et al. essentially a subsidiary remedy accorded under Article 1383 of the Civil Code which the party suffering damage can avail of only when he has no other legal means to obtain reparation for the same. ordains that relief will be denied to a stale demand which otherwise could be a valid claim. laches is principally a question of inequity of permitting a claim to be enforced. vs. compensation takes effect by operation of law. Court of Appeals. 19. laches is not. Lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit. May compensation take place without the knowledge and consent of the creditor and the debtor? Ans: Yes. to do that which. June 26. 490 SCRA 267. Laches means the failure or neglect for an unreasonable and unexplained length of time.. 464 SCRA 370. SJD) 33 .M. 2005. and d. It has been held that even a registered owner of property under the Torrens Title System may be barred from recovering possession of property by virtue of laches. PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. b. are present in the case. 492 SCRA 529. (Ibid) (c) What are the elements of laches? Ans: Given the foregoing findings of fact. Prescription is based on a fixed time. for the peace of society. 491 SCRA 596.. and extinguishes both debts to the concurrent amount. 381. et al. 2006) 32. Ans: It is different from and applies independently of prescription. even though the creditors and debtors are not aware of the compensation. plants or builds believes himself to have a claim of title. It is a delay in the assertion of a right which works disadvantage to another because of the inequity founded on some change in the condition or relations of the property or parties. or the suit is not held to be barred.
199. Winding up means the administration of the assets of the partnership for the purpose of terminating the business and discharging the obligations of the partnership. (Landingin vs. 493 SCRA 248 [June 27. 493 SCRA 415 [June 27. Arturo M. In order that exemplary damages may be awarded. Ll.33. so is the award of exemplary damages. there must be a pleading and proof of moral suffering. (Primelink Properties and Development Corporation vs. and (5) after the consignation had been made. and while no proof of pecuniary loss is necessary in order that moral damages may be awarded. may obtain winding up by the court. before the creditor has accepted the consignation and before judicial declaration that the consignation is properly made (Art 1260. Claims must be substantiated by clear and convincing proof and there must be clear testimony on the anguish and other forms of mental sufferings as mere allegations will not suffice. What is the consent of and notice to natural parents required in adoption? Ans: The general requirement of consent and notice to the natural parents is intended to protect the natural parental relationship from unwarranted interference by interlopers. PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. or because several persons claimed to be entitled to receive the amount due or because the title to the obligation has been lost. reckless or malevolent manner.. has the right to wind up the partnership affairs. c) Who is authorized to wind up a dissolved JVA? Ans: Unless otherwise agreed. a) What governs Joint Venture Agreement (JVA)? Ans: It is a form of partnership governed by the laws of partnership. the partnership is not terminated but continues until the winding up of partnership affairs is completed. Whenever two or more persons are obliged to give support. or because he was absent or incapacitated. the liability shall devolve upon the following persons in the order herein provided: (1) The spouse. (4) the amount due was placed at the disposal of the court. 2006]) 37. b) What is the effect of termination/dissolution of the JVA? Ans: With the rescission of the JVA on account of petitioner’s fraudulent acts. the debtor must show that: (1) there was a debt due. (2) The descendants in the nearest degree. Lazatin-Magat. (3) previous notice of the consignation had been given to the person interested in the performance of the obligation. (Trinidad vs. de Castro(Ll. upon cause shown. b) May the amount consigned in Court be withdrawn and allow the obligation to remain outstanding? Ans: Yes. a) Define consignation and state its requisites? Ans: Consignation is the act of depositing the thing due with the court or judicial authorities whenever the creditor cannot accept or refuses to accept payment and it generally requires a prior tender of payment.B. his legal representative or his assignee. the person interested was notified thereof. SJD) 34 . and to insure the opportunity to safeguard the best interests of the child in the manner of the propose adoption. 493 SCRA 447 [June 27. (2) the consignation of the obligation had been made because the creditor to whom tender of payment was made refused to accept it. fright and the like. it must be shown that the wrongful act was accompanied by bad faith or done in a wanton. Republic. a) Who among those liable to give support should be made to shoulder the award for support in of grandchildren? Ans: The pertinent provision of the Family Code on this subject states: ART. 2006]) 34. Diaz. mental anguish. As moral damages are improper in the present case. 493 SCRA 179 [June 27. embarrassment and sleepless nights are insufficient for it must be shown that the proximate cause thereof was the unlawful act or omission of the opposing party. 2006]) 35. all authority of any partner to act for the partnership is terminated except so far as may be necessary to wind up the partnership affairs or to complete transactions begun but not yet finished. fraudulent. the partners who have not wrongfully dissolved the partnership or the legal representative of the last surviving partner. not insolvent. On dissolution. Acapulco. Exemplary damages are also allowed only in addition to moral damages such that no exemplary damage can be awarded unless the claimant first establishes his clear right to moral damages. 2006]) 36.M. Civil Code) (Banco Filipino Savings and Mortgage Bank vs. however. it is nevertheless essential that the claimant should satisfactorily show the existence of the factual basis of damages and its causal connection to defendant’s acts. provided. What are moral damages and exemplary damage recoverable? Ans: In order that moral damages may be awarded.. that any partner. In order that consignation may be effective. Allegations of besmirched reputation.
However. the legal rate of 12% per annum shall be imposed. 494 SCRA 25 [June 30. PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. d) What is the obligation of the recipient of support pendente lite in case it is finally determines that he is not entitled thereto? Ans: To return the amounts already paid with legal rate of interest from the dates of actual payment. and the debtor may recover the entire usurious interest paid. In the absence of an express stipulation as the rate of interest. Court of Appeals.. May the creditor recover interest? Ans: The Supreme Court held that the creditor may recover the legal rate of interest at 12% per annum in Development Bank of the Philippines vs. (Mangonon vs. The debtor cannot escape the consequences of the mortgage contract once the validity of the load is upheld. a) In usurious loans when the usury law was still in effect the debt is considered without stipulation as to the interest.B. the consideration of the mortgage contract is the same as that of the principal contract from which it receives life. A mortgage is a mere accessory contract and its validity would depend on the validity of the loan secured by it. with 12% interest per annum from the date of payment. Comment: The above ruling is a departure from the prevailing ruling laid down in the leading case of Childa Enterprises that where the stipulated interest rate is usurious. Hence. Chairman of the 2007 Bar Examination. and without which it cannot exist as an independent contract. it was improper for the CA to reject outright DBP’s claim that the conversion of the remaining balance of the foreign currency loads into peso accounted for the considerable differential in the total indebtedness of respondents mainly because the exchange rates at the time of demand had been volatile and led to the depreciation of the peso. The debt is then considered to be without stipulation as to the interest. as when the awardees for tuition fees have already graduated by the time the decision is promulgated. de Castro(Ll. the fact that the representatives were “forced” to sign the promissory notes and mortgage contracts in order to have respondents’ original loans restructured and to prevent the foreclosure of their properties does not amount to vitiated consent. undue influence and fraud which vitiate consent. and (4) The brothers and sisters. b) May the person liable to give support opt to fulfill the obligation “by receiving and maintaining in the family dwelling the person who has the right to receive support” instead of “paying the allowance fixed” by the Court? Ans: Yes. SJD) 35 . the stipulation to pay interest is totally null and void. Court of Appeals. There is no legal impediment to having obligations or transactions paid in a foreign currency as long as the parties agree to such an arrangement.(3) The ascendants in the nearest degree. An eminent author on the subject explains that the obligation to give support rests principally on those more closely related to the recipient. with the entire usurious interest being totally null and void. c) May support pendente lite be awarded in areas? Ans: Yes. For this reason. d) Is the defense of undue influence available to the borrowers threatened with foreclosure when they sign restructuring agreements? Ans: Respondents’ allegation that they had no “choice” but to sign is tantamount to saying that DBP exerted undue influence upon them. c) What is the consideration for the mortgage? Ans: The loan secured thereby. 494 SCRA 1 [June 30. Only the principal survives. Ll. the unpaid principal debt still stands and remains valid but the stipulation as to the interest is void. 2006]) 38. as follows: In usurious loans. 2006].. penned by Justice Adolf Azcuna. The Court is mindful that the law grants an aggrieved party the right to obtain the annulment of a contract on account of factors such as mistake. violence.M. provided there is no moral or legal obstacle thereto (Art 204. In fact. Arturo M. b) Is the obligation to pay in foreign currency valid? Ans: Yes. the entire obligation does not become void because of an agreement for usurious interest. Family Code). the more remote relatives may be held to shoulder the responsibility should the claimant prove that those who are called upon to provide support don not have the means to do so. However. intimidation. obligations in foreign currency may be discharged in Philippines currency based on the prevailing rate at the time of payment.
under the signature of the President of the Philippines in accordance with law. (Alejandrino vs. There is no specific provision in the Public Land Law (C. the influence exerted must have so overpowered or subjugated the mind of a contracting party as to destroy the latter’s free agency. making such party express the will of another rather than its own. No. there is no clear showing that those acting on their behalf had been deprived of their free agency when they executed the promissory notes representing respondents’ refinanced obligations to DBP. fixing the one (1) year period within which the public land patent is open to review on the ground of actual fraud as in Section 38 of the Land Registration Act. but which may nevertheless impair or affect injuriously the title to property. to our mind. (Evangelista vs. Corollarily. (Ragasa vs.M. The action is imprescriptible. The following circumstances shall be considered: the confidential. In the event of default by the mortgage debtor in the performance of the principal obligation. therefore. 1529. depriving the latter of a reasonable freedom of choice. the mortgagee undeniably has the right to cause the sale at public auction of the mortgaged property for payment of the proceeds to the mortgagee. It bears emphasis that the foreclosure of mortgaged properties in case of default in payment of a debtor is a legal remedy given by law to a creditor. 295 SCRA 744 ) d) A cloud on title is an outstanding instrument. family. 141.. encumbrance. or proceeding which is apparently valid or effective but is in truth and in fact invalid. Ponente) 39. provided the land covered by said certificate is a disposable public land within the contemplation of the Public Land Law. is a indefeasible as a certificate of title issued under a judicial registration proceeding. Is the certificate of title issued in administrative proceeding as indefeasible as the certificates of title issued in a judicial proceeding? Ans: Yes. This. the averments in petitioners’ complaint the (1) they acquired ownership of a piece of land by tradition or delivery as a consequence of sale and (2) private respondents subsequently purchased the same piece of land at an allegedly void execution sale were sufficient to make out an action to quiet title under Article 476. The alleged lingering financial woes of a debtor per se cannot be equated with the presence of undue influence. SJD) 36 . 1529 was applied by implication by this Court to the patent issued by the Director of Lands duly approved by the Secretary of Natural Resources. 2006]) c) Partition of an estate may not be ordered in an action for quieting of title. now P. the threat to foreclose the mortgage would not in itself vitiate consent as it is a threat to enforce a just or legal claim through competent authority. now Section 32 of P.A. record. Santiago.D.The financial condition of respondents may have motivated them to contract with DBP. record claim. the pertinent pronouncements in the afforested cases clearly reveal that Section 38 of the Land Registration Act. but undue influence cannot be attributed to DBP simply because the latter had lent money. 457 SCRA 744 ) 40.” While respondents were purportedly financially distressed. Court of Appeals. de Castro(Ll. Arturo M.B. ineffective. spiritual and other relations between the parties or the fact that the person alleged to have been unduly influenced was suffering from mental weakness. or was ignorant or in financial distress. claim. a) What are the requisites for an action for quieting of title? Ans: To make out an action to quiet title under the foregoing provision. Court of Appeals. Nevertheless. Ibanez v.” Thus. violable. corresponds to the date of the issuance of the decree in ordinary registration cases because the decree finally awards the land applied for registration to the party entitled to it.. b) What is the period of prescription for action for quieting of title in the possession of the plaintiff? Ans: None. Azcuna. supra. For undue influence to be present. 1529.D. as amended) or the Land Registration Act (Act 496).e. awards. Intermediate Appellate Court provides that certificates of title issued in administrative proceedings are as indefeasible as certificates of title issued in judicial proceedings: “It must be emphasized that a certificate of title issued under an administrative proceeding pursuant to a homestead patent. 494 SCRA 95 [June 30. the initiatory pleading has only set forth allegations showing that (1) the plaintiff has “title to real property or any interest therein” and (2) the defendant claims an interest therein adverse to the plaintiff’s arising from an “instrument. as in the instant case. and clothing a public land patent certificate of title with indefeasibility. i. Roa. PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Ll. encumbrance or proceeding which is actually invalid or inoperative. The concept of undue influence is defined as follows: “There is undue influence when a person takes improper advantage of his power over the will of another. is in consonance with the intent and spirit of the homestead laws. or unenforceable. and conveys the land applied for to the applicant.D. The date of issuance of the patent. (Development Bank of the Philippines vs. and the patent issued by the Director of Lands equally and finally grants. now Section 32 of P.
it cannot simply rely on an examination of a Torrens Certificate to determine what the subject property looks like as its condition is not apparent in the documents. 27 as to the indefeasibility of titles issued pursuant thereto is the same as that in the Public Land Act where Prof. even those involving registered land. just because his certificate of title was issued in an administrative proceeding. Dayanghirang.: “The rule in this jurisdiction. under the signature of the President of the Philippines.” After complying with the procedure. 2006]). residence and cultivation and improvement of the lands of the public domain. de Castro(Ll.L. If the title to the land grant in favor of the homesteader would be subjected to inquiry. the purchaser must go beyond the certificate of title and make inquiries concerning the actual possessor. Uytengsu III.. confusion and suspicion on the government’s system of distributing public agricultural lands pursuant to the “Land for the Landless” policy of the State. such silence should be construed and interpreted in favor of the homesteaders who come into the possession of his homestead after complying with the requirements thereof. Section 38 of the Land Registration Law should be interpreted to apply by implication to the patent issued by the Director of Lands. Surely. 2006]) 41. 494 SCRA 241[June 30. a mortgagee. Antonio Noblejas commented: “Inasmuch as there is no positive statement of the Public Land Law. without convenient access. An action to recover physical possession of the owner’s duplicate TCT is not a real action requiring allegation of the assessed value but an action in capable of pecuniary estimation. the corresponding patent therefore is recorded. 27). b) Define innocent purchaser in good faith. Jurisdiction of the Court is determined by the allegations in the complaint and the character of the relief sought. regarding public land patents and the character of the certificate of title that may be issued by virtue thereof. Arturo M. A buyer of real property which is in possession of another must be wary and investigate the rights of the latter. the certificate of title shall become irrevocable and indefeasible like a certificate issued in a registration proceeding. is expected to exercise more care and prudence than a private individual in its dealings. PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof.” As we held through Justice J. regarding the titles granted there under. and the certificate of title is issued to the grantee. therefore.” The same confusion. 494 SCRA 235-7 [June 30. Lands covered by such title may no longer be the subject matter of a cadastral proceeding. in the hands of an innocent purchaser in good faith and for value. “The certificate of title becomes indefeasible and incontrovertible upon the expiration of one year from the date of the issuance of the order for the issuance of the patent. contest and decision after it has been given by the Government through the process of proceedings in accordance with the Public Land Law. the TCTs issued to petitioners pursuant to their EPs acquire the same protection accorded to other TCTs.B. Otherwise. On the other hand. thereafter. where the land sold in the possession of a person other than the vendor. is that where land is granted by the government to a private individual.M. Intermediate Appellate Court we presumed that an investment and financing corporation is experienced in its business. there would arise uncertainty. the title issued to the grantee becoming entitled to all the safeguards provided in Section 38 of the said Act. The land might be easily inundated. in Section 105 of Presidential Decree No. vs. as a general rule. without such inquiry. nor can it be decreed to another person. particularly a bank or financial institution whose business is impressed with public interest.. and to encourage the settlement. the buyer cannot be said to be in good faith and cannot have any right over the property. a) May a certificate of title procured with fraud and misrepresentation be the source of a completely legal and valid title? Ans: Yes. in accordance with law. Any other consequence of the primary relief sought in the complaint could not property be a basis for impugning the jurisdiction of the trial court (General Milling Corporation vs. This might be an interior lot. such property and pays full and fair price for the same at the time of such purchase or before he has notice of the claim or interest of some other person in the property. upon expiration of one year from its issuance. Ascertainment of the status and condition of properties offered to it as security for loans it extends must be standard and indispensable part of its operations. The silence of Presidential Decree No. SJD) 37 . Thus. In Sunshine Finance and Investment Corp. Ans: In a litany of cases. Reyes in Lahora v. Jr. In other words.B.conservation of a family home.) (Estribillo vs. the land is automatically brought within the operation of the Land Registration Act. Ll. 1529. x x x. duly approved by the Minister of Natural Resources. 42. otherwise known as the Property Registration Decree (where the DAR is required to issue the corresponding certificates of title after granting an EP to tenant-farmers who have complied with Presidential Decree No. Department of Agrarian Reform. or interest in.” (Emphasis supplied. we have defined a purchaser in good faith as one who buys property of another without notice that some other person has a right to. uncertainty and suspicion on the distribution of government-acquired lands to the landless would arise if the possession of the grantee of an EP would still be subject to contest.
2006]) PRE-WEEK REVIEW PREDICTIONS AND REMINDERS in Civil Law By: Prof. Ll.. 494 SCRA 314 [June 30. SJD) 38 . de Castro(Ll.These and other similar factors determine the value of the property and so should be of practical concern to the (investment and financing corporation) (Philippine National Bank vs. Heirs of Estanislao Militar. Arturo M..B.M.
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