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1 Civil Law Midterm


publication is very much needed
Farinas vs Exec Sec
La Bugal Blaan vs Ramos if upon approval, it will take effect upon publication (not more
than 15 days) [2004]
two conditions if law provides for effectivity:
1. take effect upon approval
2. completion of publication
deemed published date of actual publication
executive order for general application , there is a rule of conduct prescribed for the public
date of actual publication
NO retroactive effect if:
it becomes an ex post facto law
impairs contracts and obligations and vested rights
IMPLIED retroactive effect:
if favorable to the accused (and not a habitual delinquent)
necessary implication to remedy a law
procedural law no vested rights
> repealed
Express Repeal
LAW A > B > C : Law A is not revived unless otherwise provided
Implied Repeal
LAW A > B > C : Law A is revived unless otherwise provided
ART 15 Nationality Principle
ART 16 Lex Rei Sitae
ART 17 Lex Loci Celebrationis / Lex Loci Voluntatis/Intentionis
ART 38
active misrepresentation in minority
estopped when age of majority is reached
ART 41
Birth 7 months or more
separation : cutting of umbilical cord or removal of placenta whichever comes first
ART 2 - 3
Marriage special contract because it has no terms and conditions
Paler, J.

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1. legal capacity
difference in sex
no legal impediment prior existing marriage, certain relationship
2. consent
persons authorized to solemnize marriage


can never be ratified

may remarry
always void
can be attacked directly or collaterally

there is no conjugal partnership only a

co - ownership

ground must be in existence during

m a r r i a g e E X C E P T: i m p o t e n c y o r
incurable STD
can generally be ratified by free
valid until annulled
cannot be assailed collaterally : there
must be a direct proceeding
there is conjugal partnership
subject to prescription
can be assailed during lifetime



marriage was defective from the very

cause must already be existing at the
time of marriage
seven ground
marriage is dissolved, may re-marry

there was no defect in the marriage at the

causes arise after celebration of marriage
ten grounds
marriage remains
separate in bed and board only

the condition of a person who does not have the mind, will and heart for the performance of
marriage obligation
must already be a condition is the subject at the time of the wedding, although its
manifestations would occur later
MOLINA doctrine:
What characterizes psychological incapacity to constitute grounds for annulment of
a) gravity
c) incurability, permanent
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b) juridical antecedence and
The incapacity must be grave or serious such that the party would be incapable of carrying
out the ordinary duties required in marriage. It must be rooted in the history of the party
antedating the marriage, although the overt manifestations may only emerge after the
marriage. It must be incurable or, even if it were otherwise, the cure would be beyond the
means of the party involved.
Guidelines in resolving petitions for declaration of nullity of marriage.
(1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt
should be resolved in favor of the existence and continuation of the marriage and against its
dissolution and nullity.
(2) The root cause of the psychological incapacity must be (a) medically or clinically
identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly
explained in the decision. Article 36 of the Family Code requires that the incapacity must be
psychological not physical, although its manifestations and/or symptoms may be physical.
(3) The incapacity must be proven to be existing at the time of the celebration of the
(4) Such incapacity must also be shown to be medically or clinically permanent or incurable.
(5) Such illness must be grave enough to bring about the disability of the party to assume the
essential obligations of marriage. Thus, mild characteriological peculiarities, mood changes,
occasional emotional outbursts cannot be accepted as root causes.
(6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the
Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the
same Code in regard to parents and their children. Such non-complied marital obligation(s)
must also be stated in the petition, proven by evidence and included in the text of the
(7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic
Church in the Philippines, while not controlling or decisive, should be given great respect by
our courts.
(8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to
appear as counsel for the state.

1. non-age
2. unsoundness of mind
3. fraud
4. force, intimidation, undue influence
5. impotence
6. STD if incurable
Paler, J.

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presumption of impotency of husband if wife is still a virgin after living together for three
1. inexistent from the very beginning
ipso facto : no need for judicial declaration
purpose of remarriage : ask for judicial declaration
2. can be questioned after death of party
brought by heirs in settlement of estate
3. action for defense is imprescriptible
if a party dies before judgment : case is terminated
4. may be filed solely by husband or wife during lifetime
5. no legal effect except: ART 147 & 148, legitimacy of children
except ART 36 & 53
VOID Marriages
Art 35, 36, 38, 40 [18 marriages]
same sex marriage
did not appear personally
no consent personally
no marriage ceremony, signing
Both marriage prior to Family Code no judicial declaration needed
both marriages are valid but liable for bigamy
1st marriage prior to FC, 2nd marriage after FC judicial declaration needed
both marriage after FC judicial declaration
Art 40 is applicable

spouse absent for 4 consecutive years or 2 years

prior to FC : no need for declaration of presumptive death
annul 2nd marriage to revive 1st marriage
Art 41
declaration of presumptive death : final & executory not appealable
execute affidavit of reappearance, 2nd marriage will be valid
ordinary absence : 7 years
extra-ordinary absence : 4 years
ADOPTION - In Re Petition for Adoption of Michelle Lim and Michael Lim G.R. Nos.
168992-93, May 21, 2009
Husband and wife shall jointly adopt except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, however,
That the other spouse has signified his/her consent thereto; or
(iii) if the spouses are legally separated from each other, which was not present in the case at
bar.(Section 7, Article III of RA 8552)
Paler, J.

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The use of the word shall means that joint adoption by the husband and the wife is
mandatory. This is in consonance with the concept of joint parental authority over the child
which is the ideal situation. As the child to be adopted is elevated to the level of a legitimate
child, it is but natural to require the spouses to adopt jointly. The rule also insures harmony
between the spouses. Since the petitions for adoption were filed only by petitioner herself,
without joining her husband, Olario, the trial court was correct in denying the petitions for
adoption on this ground.
Neither does petitioner fall under any of the three exceptions enumerated in Section 7. First,
the children to be adopted are not the legitimate children of petitioner or of her husband
Olario. Second, the children are not the illegitimate children of petitioner. And third, petitioner
and Olario are not legally separated from each other.
2. No. The fact that Olario gave his consent to the adoption as shown in his Affidavit of
Consent does not suffice. There are certain requirements that Olario must comply being an
American citizen. He must meet the qualifications set forth in Section 7 of RA 8552 such as:
(1) he must prove that his country has diplomatic relations with the Republic of the
Philippines; (2) he must have been living in the Philippines for at least three continuous years
prior to the filing of the application for adoption; (3) he must maintain such residency until the
adoption decree is entered; (4) he has legal capacity to adopt in his own country; and (5) the
adoptee is allowed to enter the adopters country as the latters adopted child. None of these
qualifications were shown and proved during the trial.
These requirements on residency and certification of the aliens qualification to adopt cannot
likewise be waived pursuant to Section 7. The children or adoptees are not relatives within the
fourth degree of consanguinity or affinity of petitioner or of Olario. Neither are the adoptees
the legitimate children of petitioner.
3. Petitioners contention is untenable. Parental authority includes caring for and rearing the
children for civic consciousness and efficiency and the development of their moral, mental
and physical character and well-being. The father and the mother shall jointly exercise
parental authority over the persons of their common children. Even the remarriage of the
surviving parent shall not affect the parental authority over the children, unless the court
appoints another person to be the guardian of the person or property of the children.
It is true that when the child reaches the age of emancipation that is, when he attains the
age of majority or 18 years of age emancipation terminates parental authority over the
person and property of the child, who shall then be qualified and responsible for all acts of
civil life. However, parental authority is merely just one of the effects of legal adoption.
Even if emancipation terminates parental authority, the adoptee is still considered a legitimate
child of the adopter with all the rights of a legitimate child such as: (1) to bear the surname of
the father and the mother; (2) to receive support from their parents; and (3) to be entitled to
the legitime and other successional rights. Conversely, the adoptive parents shall, with
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respect to the adopted child, enjoy all the benefits to which biological parents are entitled
such as support and successional rights.
Lee vs CA
Tiu claimed before the trial court the right not to testify against her stepdaughter, petitioner
Emma Lee, invoking Section 25, Rule 130 of the Rules of Evidence, which reads:
SECTION 25. Parental and filial privilege.- No person may be compelled to testify against his
parents, other direct ascendants, children or other direct descendants.
The above is an adaptation from a similar provision in Article 315 of the Civil Code that
applies only in criminal cases. But those who revised the Rules of Civil Procedure chose to
extend the prohibition to all kinds of actions, whether civil, criminal, or administrative, filed
against parents and other direct ascendants or descendants.
But here Tiu, who invokes the filial privilege, claims that she is the stepmother of petitioner
Emma Lee. The privilege cannot apply to them because the rule applies only to direct
ascendants and descendants, a family tie connected by a common ancestry. A stepdaughter
has no common ancestry by her stepmother. Article 965 thus provides:
Art. 965. The direct line is either descending or ascending. The former unites the head of the
family with those who descend from him. The latter binds a person with those from whom he
Consequently, Tiu can be compelled to testify against petitioner Emma Lee.
The filiation of illegitimate children, like legitimate children, is established by (1) the record of
birth appearing in the civil register or a final judgment; or (2) an admission of legitimate
filiation in a public document or a private handwritten instrument and signed by the parent
concerned. In the absence thereof, filiation shall be proved by (1) the open and continuous
possession of the status of a legitimate child; or (2) any other means allowed by the Rules of
Court and special laws. The due recognition of an illegitimate child in a record of birth, a will,
a statement before a court of record, or in any authentic writing is, in itself, a consummated
act of acknowledgment of the child, and no further court action is required. In fact, any
authentic writing is treated not just a ground for compulsory recognition; it is in itself a
voluntary recognition that does not require a separate action for judicial approval. Where,
instead, a claim for recognition is predicated on other evidence merely tending to prove
paternity, i.e., outside of a record of birth, a will, a statement before a court of record or an
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authentic writing, judicial action within the applicable statute of limitations is essential in order
to establish the childs acknowledgment.
There is perhaps no presumption of the law more firmly established and founded on sounder
morality and more convincing reason than the presumption that children born in wedlock are
legitimate. This presumption indeed becomes conclusive in the absence of proof that there is
physical impossibility of access between the spouses during the first 120 days of the 300
days which immediately precedes the birth of the child due to (a) the physical incapacity of
the husband to have sexual intercourse with his wife; (b) the fact that the husband and wife
are living separately in such a way that sexual intercourse is not possible; or (c) serious
illness of the husband, which absolutely prevents sexual intercourse. Quite remarkably, upon
the expiration of the periods set forth in Article 170, and in proper cases Article 171, of the
Family Code (which took effect on 03 August 1988), the action to impugn the legitimacy of a
child would no longer be legally feasible and the status conferred by the presumption
becomes fixed and unassailable[2]. (Emphasis supplied)
Thus, applying the foregoing pronouncement to the instant case, it must be concluded that
petitioner who was born on March 5, 1945, or during the marriage of Alfredo Aguilar and
Candelaria Siasat-Aguilar[3] and before their respective deaths[4] has sufficiently proved
that he is the legitimate ISSUE of the Aguilar spouses. As petitioner correctly argues, Alfredo
Aguilars SSS Form E-1 (Exhibit G) satisfies the requirement for proof of filiation and
relationship to the Aguilar spouses under Article 172 of the Family Code; by itself, said
document constitutes an admission of legitimate filiation in a public document or a private
handwritten instrument and signed by the parent concerned.
Petitioner has shown that he cannot produce his Certificate of Live Birth since all the records
covering the period 1945-1946 of the Local Civil Registry of Bacolod City were destroyed,
which necessitated the introduction of other documentary evidence particularly Alfredo
Aguilars SSS Form E-1 (Exhibit G) to prove filiation. It was erroneous for the CA to treat
said document as mere proof of open and continuous possession of the status of a legitimate
child under the second paragraph of Article 172 of the Family Code; it is evidence of filiation
under the first paragraph thereof, the same being an express recognition in a public
To repeat what was stated in De Jesus, filiation may be proved by an admission of legitimate
filiation in a public document or a private handwritten instrument and signed by the parent
concerned, and such due recognition in any authentic writing is, in itself, a consummated act
of acknowledgment of the child, and no further court action is required.
The Court sees it fit to adopt the following rules respecting the requirement of affixing the
signature of the acknowledging parent in any private handwritten instrument wherein an
admission of filiation of a legitimate or illegitimate child is made:

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1) Where the private handwritten instrument is the lone piece of evidence submitted to prove
filiation, there should be strict compliance with the requirement that the same must be signed
by the acknowledging parent; and
Where the private handwritten instrument is accompanied by other relevant and
competent evidence, it suffices that the claim of filiation therein be shown to have been made
and handwritten by the acknowledging parent as it is merely corroborative of such other
It is thus (t)he policy of the Family Code to liberalize the rule on the investigation of the
paternity and filiation of children, especially of illegitimate children x x x. Too, (t)he State as
parens patriae affords special protection to children from abuse, exploitation and other
conditions prejudicial to their development.
Finally, if petitioner has shown that he is the legitimate ISSUE of the Aguilar spouses, then he
is as well heir to the latters estate. Respondent is then left with no right to inherit from her
aunt Candelaria Siasat-Aguilars estate, since succession pertains, in the first place, to the
descending direct line.
Respondent presented the Certificate of Live Birth (Exhibit A - 1) of Christian Paulo Salas
in which the name of petitioner appears as his father but which is not signed by him.
Admittedly,it was only respondent who filled up the entries and signed the said document
though sheclaims it was petitioner who supplied the information she wrote therein.We have
HELD that a certificate of live birth purportedly identifying the putative father is notcompetent
evidence of paternity when there is no showing that the putative father had a hand inthe
preparation of the certificate.
Thus, if the father did not sign in the birth certificate, theplacing of his name by the mother,
doctor, registrar, or other person is incompetent evidence of paternity. Neither can such birth
certificate be taken as a recognition in a public instrument and ithas no probative value to
establish filiation to the alleged father. As to the Baptismal Certificate
(Exhibit B) of Christian Paulo Salas also indicating petitioner as the father, we have ruled
that while baptismal certificates may be considered public documents, they can only serve as
evidence of the administration of the sacraments on the dates so specified. They are not
necessarily competent evidence of the veracity of entries therein with respect to the childs
The rest of respondents documentary evidence consists of handwritten notes and letters,
hospital bill and photographs taken of petitioner and respondent inside their rented apartment
unit. Pictures taken of the mother and her child together with the alleged father are
inconclusive evidence to prove paternity.
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(Exhibits E and F) showing petitioner and respondent inside therented apartment unit
thus have scant evidentiary value. The Statement of Account
(Exhibit C) from the Good Samaritan General Hospital where respondent herself was
indicated as the payee is likewise incompetent to prove that petitioner is the father of her child
notwithstanding petitioners admission n in his answer that he shouldered the expenses in the
delivery of respondents child as an act of charity.
As to the handwritten notes
(Exhibits D to D-13) of petitioner and respondent showing their exchange of
affectionate words and romantic trysts, these, too, are not sufficient to establish Christian
Paulos filiation to petitioner as they were not signed by petitioner and contained no statement
of admission by petitioner that he is the father of said child. Thus, even if these notes were
authentic, they do not qualify under Article 172 (2) vis-- vis Article 175 of the Family Code.


ART 415 (MEMORIZE) The following are immovable property :

1. lands, buildings, roads, constructions of all kinds adhered to the soil
2. trees, plants, and growing fruits, while they are attached to the land or form an integral
part of an immovable
3. everything attached to an immovable in a fixed manner, in such a way it cannot be
separated therefrom without breaking the material or deterioration of the subject
4. statues, relief, paintings, or other subjects for use or ornamentation, placed in buildings or
on lands by the owner of the immovable in such a manner that it reveals the intention to
attach them permanently to the tenements
5. (1) machinery, receptacles, instruments or implements (2) intended by the owner of the
tenement (3) for an industry or works which may be carried on in a building or in a piece of
land, and which (4) tend to directly meet the needs of said industry or works
exception: when placed by the tenant
Exception to the exception: (automatic appropriation clause) tenant promised to
leave machinery at the end of the lease OR such tenant acted as an agent
6. animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature,
in case the owner has placed them or preserves them with the intention to have them
permanently attached to the land and forming a permanent part of it; animals in these
places are included
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7. fertilizer actually used on a piece of land
8. mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and
waters either running stagnant
9. docks and structures which, though floating are intended by their nature and object to
remain at a fixed place on a river, lake or coast
10. contracts for public works, and servitudes and other real right


1. ACCION INTERDICTAL - ejectment suit
summary action to recover material or physical possession of real property when a
person originally in possession is deprived thereof by force, intimidation, threats,
stealth or strategy (FITSS)
prescription: action must be brought within 1 year from dispossession
stealth/strategy : one year from discovery
issue : mere physical possession
an action by landlord, vendor, vendee or other person of any land or building being
unlawfully withheld after the expiration or termination of the right to hold possession by
virtue of any contract, express or implied
prescription: within 1 year from the time possession became unlawful (expiration of
lease: no demand needed, non-payment or nonfulfillment of contract: demand needed)
issue : to exact specific performance of contract; material or physical possession
applicable to all kinds of land
from the very beginning

there is actual entry of property

petitioner must allege prior actual physical and
material possession

start, unlawful afterwards

upon expiration of legal possession, there is a

demand to vacate
no allegation of prior physical possession of the
petitioner is needed

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2. ACCION PUBLICIANA - ejectment suit
entry was not obtained through FITSS
where the 1 year period for bringing FE or UD has expired
must be brought within the period of 10 years
issue : possession de sure
action to recover ownership of real property; allege ownership and seek recovery of full
prescription : 10 years in good faith ; 30years in bad faith ;
constructive trust no prescription
right of the owner to use force to repel or prevent an actual or threatened unlawful physical
invasion or usurpation of his property
self defense defines to mans property
the owner has no right to prohibit the interference of another when it is necessary to stop an
imminent danger of threat or damage
damage to public is greater than the damage to the owner
owner may demand beneficial reimbursement from person/s benefitted.
owns a pieace of land, he also owns its surface, up to the boundaries of the land; right to
make allowable constructions, plantings, or excavations subject to (a) servitudes and
easements (b) special laws (c) ordinances (d) reasonable requirements for aerial navigation
(e) principles of human relations
ownership does not extend indefinitely upward or downward
mines discovered underneath the land belongs to the state (regalian doctrine)
found treasure on his houses, he owns it, married conjugal property
on anothers property by chance 1/2 finder, 1/2 owner
given permission by owner equally divide
trespasser no share
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usufructuary, laborer, treasurer hunter nothing ( last 2 maybe paid accdg. to contract)
scientifically or artistically valuable state will bu it in a just price
with permit from the state 75% state, 25% permit holder
right of a property owner to everything which is
(1) produced thereby [accession discreta] natural, industrial, civil fruits
(2) which is incorporated or attached thereto, either naturally or artificially [accession
continua] real - industrial, natural | personal - adjunction, mixture or specification
there is separation with injury
accessory follows the principal
no unjust enrichment
good faith not penalized
bad faith must pay damages
1. to appropriate for himself the building upon payment of indemnity to builder (present
market value of the property)
2. to compel builder to buy the land FORCED LEASE if the value of the land is more than
the building : rent should be paid [note: if sower only not compelled to buy the land]
option is given to LO because his right is older and by principle of accession, he is entitled
to ownership of the accessory
indemnities to be given : necessary expenses, useful expenses, luxurious expenses
LO sells land (lands value is less than the building) but Builder refuses REMEDIES:
contract of lease voluntary
sale of land and improvement by public auction
LO in Good faith, Builder in Bad Faith
1. LO gets the building without paying indemnity for its value or expenses and damages
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2. LO demand demolition and damages expense of demolition by builder
3. LO may compel builder to buy land, WON land is more than the building plus damages
LO can only exercise one option
1. LO is the BPS (BF/GF) but not OM (GF) - Art 447
2. BPS is not the LO (GF) but BPS is OM - Art 448-454
3. BPS is not LO not OM - Art 455
1. LO - GF and OM - GF Art 448
LO - BF and OM - BF Art 448 in relation to Art 453
OM - GF and LO - BF Art 447 - 454
OM - BF and LO - GF Art 455, 499, 522
2. BPS - GF & LO -GF Art 448
BPS - BF & LO - BF Art 451 / 450
BPS - BF & LO - GF Art 449, 443
BPS - GF & LO - BF Art 447, 454
Leasee: builder in bad faith
1/2 of its value or remove improvement without substantial injury
alluvium, avulsion, change of course of rivers (natural), formation of islands
soil deposited on the estate fronting the river
banks; the owner of such estate is the riparian
deposits should be gradual & imprescriptible
cause is the current of the river
property is adjacent to the river banks
subject to separate application of title

process whereby the current of the river, creek
or torrent segregates from an estate on its bank
a known portion of land and transfer it to
another estate

deposit of soil is gradual

soil cannot be identified
belongs to the owner of property where it was
ownership automatic

sudden or abrupt process

identifiable or verifiable
belongs to the owner of property where it was
ownership after 2 years

Paler, J.

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ART 460
if trees are uprooted and carried away by owner, it still belongs to the owner of the land. if
not claimed within 6months owner of property where it lies is the owner
ART 461
river beds which are abandoned through the natural change in the course of waters ipso
facto belong to the owners whose lands are occupied by the new course in proportion to the
area lost
1. ART 447 - plaintiff must have legal or equitable title
2. there is a cloud on real property or interest therein
3. there is a deed/claim casting cloud in the title why the cloud exist
1. can a co-owner sell or alienate his share in in the property? YES
2. can a co-owner validly sell or alienate a definite portion of the property? NO
3. can a co-owner sell or alienate without the consent of co-owner? YES
4. can a co-owner compel a co-owner to sell his share first to a co-owner? NO
- remedy : Legal redemption (Art 1619-1623)
5. does prescription lie against a co-owner? NO as long as there is no repudiation


just title
ripen into ownership by acquisitive prescription
disputable presumption of ownership


1. By material occupation (detention) - actual or physical : corporeal | under the control of
possessor : incorporeal | corpus possedendi and animus possedendi must concur
2. By subjection to our will - by mere agreement
3. By constructive possession or proper acts of legal formalities - ex. brevi manu ; constitut0
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possessor must be in actual possession of a portion
must claim ownership of the whole property
no adverse claim of other portion of the property
possession in the eyes of the law does not mean he has to have his feet in all square
possession of movable in good faith is equivalent to title if it is in concept of an owner
in bad faith : never in concept of an owner
in good faith : equivalent to title BUT not equivalent to title if owner had lost it or unlawfully
deprived right to recover from finder, theft, robber or third persons


it is a real right an encumbrance to anothers property
it is a temporary duration or nature
there is an obligation to preserve
ESSENTIAL REQUISITE : real right to use and enjoy the fruits of another
ACCIDENTAL REQUISITE : obligation to preserve


legal created by law
voluntary or conventional created by will; intervivos or mortis causa
mixed acquisitive prescription


may alienate the right
may pledge or mortgage even without the consent of the owner
may lease the thing to another

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ART 581
Naked Owner may alienate property as long as:
it does not alter its form or substance
not prejudicial to the usufructuary
cannot lease property held in usufruct
CAUCION JURATORIA - a sworn duty to take good care of the property and return same at
the end of usufruct
a promise under oath in court made by the usufructuary who has not given a security
death of usufructuary
expiration of period or fulfilment of resolut0ry condition
merger of usufruct and naked owner in the same person
total loss of the thing
termination of the right

Parts Benefited:
Real - benefit of another belonging to different owner
Personal - benefit of one or more person or of community
Manner Exercised:
Continuous - use is incessant or maybe incessant without the intervention of any act of man
Discontinuous - used at intervals and depend on acts of man
voluntary - constituted by will or agreement of parties or testator
mixed - partly by agreement and by law
legal - constituted by law for public use or private interest
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POSITIVE - owner of servant estate is obliged to allow something to be done to property or
to do it himself
NEGATIVE - servient estate is prohibited to do something lawfully he could do if it were not
for the existence
POSITIVE: the day dominant estate began to exercise it
NEGATIVE: time of notarial prohibition to servient estate
made by dominant estate: owner, usufructuary, possessor, legal representative
continuous and apparent
continuous non-apparent
discontinuous apparent / non-apparent
one perso or particular class is allowed to pass over anothers land through particular path
or line
strip of land where passage can be done
property is surrendered by other estates and no adequate outlet to public highway
payment of indemnity
isolation not due to owners (dominant estate) own act
established at the point least prejudicial to servientt estate
demandable only by owner (dominant estate) or usufructuary
VOLUNTARY - stipulated in the contract
COMPULSORY - no other way for dominant estate that is isolated
JUDICIAL DETERMINATION - least prejudicial to servient estate - more important
- distance to public highway of dominant estate
width of right of way sufficient for needs of dominant estate
sale, exchange, partition : vendor must grant ROW without indemnity
simple donation : donee indemnify donor for ROW
Paler, J.

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EXTINGUISHMENT OF ROW: (not automatic - legal/compulsory)
opening of a new road
joining the dominant estate to another has access to public highway
no longer necessary
ROW given for the carrying of materials for construction of another estate temporary but
with indemnity
passage of livestock: animal path 37M , animal trail 37.5M , cattle 40M
no part owner without consent of others open in a party wall window
PRESCRIPTION: time of opening of window of party wall (positive)
negative : time of formal prohibition upon proprietor of adjoining land
windows for light: 30 sq cm, iron grating, wire screen, opening under ceiling
proper distance: wall with direct view: 2M from wall to boundary line
side/oblique view 60cms - edge of window boundary
applies to terraces with railings not without railings
applicable to buildings separated by alleys not more than 3M wide
direct views & balconies - adjoining property cannot build at less than 3M
no proprietor should make such excavations upon his land as to deprive any adjacent land
or building of sufficient lateral or subjacent support
any act or omission, establishment, business, conditions of property or anything else which
injures or endangers health or safety of others, annoys or offends the senses, shocks,
defies, or disregards decency or morality , obstructs interferes with the free passage of any
public highway or any body of water, hinders or impairs the use of property
a dangerous instrumentality or appliance which is likely to attract children at play
LIABLE - if did not exercise due care to prevent children from playing therewith, even if child
is trespasser
NUISANCE PER SE - always a nuisance

Paler, J.

19 Civil Law Midterm

NUISANCE PER ACCIDENS - a nuisance only because of the location or other
if it is especially injurious to himself
demand is first made - abatement
demand is rejected
abatement approved by district health officer and executed with assistance of local police
value of destruction does not exceed P3000

Paler, J.