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Civil Law Preweek PDF
Civil Law Preweek PDF
Capacity to act refers to the power to do acts with legal effect. It is acquired and may be lost.
The fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the
fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after
its complete delivery (Art 41 CC).
Q: What happens when there is doubt as to the order of death between persons?
A: Article 43 of the Civil Code provides a statutory presumption when there is doubt on the order of death between
persons who are called to succeed each other (only). If there is a doubt, as between two or more persons who are
called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall
prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no
transmission of rights from one to the other.
The formal requisites are: 1) authority of solemnizing officer; 2) valid marriage license; and 3) marriage ceremony (Art
3 FC).
The absence of any of the essential or formal requisites shall render the marriage void ab initio, except where the
marriage was solemnized by a person not legally authorized and one party believed in good faith that the officer had
authority to do so (Arts 3 and 35(2) FC). A defect in any of the essential requisites shall not affect the validity of the
marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.
Article 37 (Incestuous)
1) Between ascendants and descendants of any degree, legitimate or illegitimate
2) Between brothers and sisters, whether of the full or half blood, legitimate or illegitimate
In extraordinary absence, the following must be established: 1) the prior spouse had been missing for 2 consecutive
years; 2) there is danger of death attendant to the disappearance; 3) the spouse present had a well-founded belief
that the missing person is dead; and 4) judicial declaration of presumptive death was secured (no prejudice to the
effect of the reappearance of the absent spouse).
For a foreign divorce to be valid, there must be a valid marriage between a Filipino citizen and a foreigner, and
divorce is validly obtained by the alien spouse, capacitating him or her to remarry. In such case, the Filipino spouse
shall likewise have the capacity to remarry under Philippine law.
In the absence of a marriage settlement or if the regime agreed upon is void, the property regime of absolute
community of property will be followed as provided in the Family Code. Local customs shall be considered as
suppletory.
Q: What is the property regime for persons cohabiting without a valid marriage?
A: When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband
and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in
equal shares and the property acquired by both of them through their work or industry shall be governed by the rules
on co-ownership.
In cases of cohabitation of individuals not capacitated to marry each other, only the properties acquired by both of the
parties through their actual joint contribution of money, property, or industry shall be owned by them in common in
proportion to their respective contributions. In the absence of proof to the contrary, their contributions and
corresponding shares are presumed to be equal.
If the birth of the child has been concealed or was unknown to the husband, the above periods shall be counted from
the discovery or knowledge of the birth of the child, or from the discovery or knowledge of its registration, whichever is
earlier.
Aliens may also adopt Filipino children provided that he/she possesses the same qualifications for Filipinos but is at
least twenty seven (27) years old, and that, his/her country has diplomatic relations with the Philippines; he/she has
been living continuously for 3 years in the Philippines prior to the filing of application and maintains such residence
until the decree is entered; he/she has been certified by his/her diplomatic or consular office or any appropriate
government agency that he/she has the legal capacity to adopt in his/her country; his/her government allows the
adoptee to enter his/her country as his/her adoptee; and he/she has submitted all the necessary clearances and such
certifications as may be required.
Succession
Q: What is succession?
A: It is a mode of acquiring ownership by virtue of which the inheritance of a person is transmitted through his death
to another or others either by his will or by operation of law. (Art 774)
Castan: An heir is one who succeeds to the whole or an aliquot part of the inheritance. A devisee and/or legatee are
those who succeed to definite, specific and individual properties.
Q: What is a will?
A: A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree
the disposition of his estate, to take effect after his death. (Art 783)
Q: What are the common requirements for both notarial and holographic wills?
A: As provided under Art 804, both kinds of wills must be in writing and must be executed in a language known to
the testator.
The attestation clause is the affair of the witnesses; therefore, it need not be signed by the testator. (Fernandez v.
Vergel de Dios)
Q: What is the exception to the general rule that devises or legacies in favor of a spouse, parent or child
who also attests to the will as a witness shall be void?
A: Devises or legacies in favor of a spouse, parent or child shall not be void if there are three witnesses other than
the spouse, parent or child, in which case, the interested witness shall be considered as a mere surplusage.
Q: What is a codicil?
A: A codicil is supplement or addition to a will, made after the execution of a will and annexed to be taken as a part
thereof, by which disposition made in the original will is explained, added to, or altered (Art 825).
Q: What is the effect of the insertion of a codicil written by another person in a holographic will?
When made Effect
After the execution, without consent of testator Insertion considered not written. Validity cannot be
defeated by the malice or caprice of a third person
After execution, with consent Will is valid, insertion is void.
After execution, validated by testators signature Insertion becomes part of the will. Entire will becomes
void because it is not wholly written by the testator.
Contemporaneous to the execution of the will Will is void because it is not written entirely by the
testator
Q: What is probate?
A: It is a special proceeding required to establish the validity of a will and in order to pass real or personal property.
Q: Can the probate court inquire into the intrinsic validity of testamentary provisions?
A: The general rule is that in probate proceedings, the probate court cannot inquire into the intrinsic validity of
testamentary provisions. Only the extrinsic validity of such wills may be examined. This rule however admits of certain
exceptions:
1. Nuguid v. Nuguid (1966): The Supreme Court, passing on the intrinsic validity of the will in the probate
proceedings, ruled that there being no devise or legacy, the institution of heir is totally annulled.
2. Acain vs Diongson (1987): When the will is intrinsically void, on its face such that to rule on its formal validity
would be a futile exercise
3. Valera vs. Inserto, (1987): Claimants are all heirs, and they consent, either, expressly or impliedly, to the
submission of the question of intrinsic validity to the court.
4. Pastor vs. CA, (1983): Probate court may pass upon the title thereto, but such determination is provisional and
not conclusive, and is subject to the final decision in a separate action to resolve title.
3. Reciprocal
If the heirs instituted in unequal shares should be reciprocally substituted, the substitute shall acquire the share
of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the testator was
otherwise. If there is more than one substitute, they shall have the same share in the substitution as the
institution.
4. Fideicommissary
If the testator institutes an heir with an obligation to preserve and to deliver to another the property so inherited.
The heir instituted to such condition is called the First Heir or the Fiduciary Heir; the one to receive the property is
the fideicommissary of the second heir. (Art. 863, CC)
Q: Is it necessary that there be an obligation imposed on the first heir to take care of the property for a
fideicommisary substitution to exist?
A: Yes. As held in the case of PCIB vs. Escolin (1974), in the absence of an obligation on the part of the first heir to
preserve the property for the second heir, there is no fideicommissary substitution.
Q: What is the rule of division between lines in the direct ascending line?
A: The father and the mother shall inherit equally if both living. One succeeds to the entire estate of the child if the
other is dead. (Art. 986, CC)
In default of the mother and the father, the ascendants nearest in degree will inherit. (Art. 987)
If there are more than one relative of the same degree but of different lines, one half will go to the paternal
ascendants and the other half to the maternal ascendants. (Art. 987)
Q: What remedy may be availed of if there is an impairment or diminution of legitime due to testamentary
dispositions?
A: Reduction of the disposition insofar as they may be inofficious or excessive (Art. 907, CC)
Q: What remedy may be availed of if there is impairment or diminution of legitime due to inofficious
donations?
A: Collation reduction of donations (Arts. 771 and 911, CC)
Q: What is preterition?
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A: There is preterition when the following elements obtain:
1. There must be a total omission of one, some or all of the heir/s in the will.
2. The omission must be that of a compulsory heir.
3. The compulsory heir omitted must be of the direct line.
4. The omitted compulsory heir must be living at the time of the testators death or must at least have been
conceived before the testators death.
Q: May an adopted child represent his parent in case the latter predeceases his parents?
A: If the adopting parent should die before the adopted child, the later cannot represent the former in the inheritance
of the parents or ascendants of the adopter. The adopted child is not related to the deceased in that case, because
filiation created by fiction of law is exclusively between the adopter and the adopted. (De la Puerta v CA (1990);
Sayson v CA (1992))
Children as used in Art. 996 is interpreted to include a situation where there is only one child. (Santillon v
Miranda (1965))
14. Surviving spouse and legitimate brothers and sisters, nephews and nieces
- Surviving spouse gets of the estate, while the rest gets the other with the nephews and nieces inheriting by
representation if proper. (Art. 1001, CC)
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15. Surviving spouse and illegitimate brothers and sisters, nephews and nieces
- Surviving spouse gets of the estate while the rest gets the other with the nephews and nieces inheriting by
representation, if proper; Note that all the other relatives should be illegitimate because of the iron-curtain rule.
(Art. 994,CC)
17. Illegitimate parents and children of any kind (whether legitimate or illegitimate child)
- Illegitimate parents are excluded and do not inherit; For the rule on the respective shares of the children, see
numbers 1, 2 or 10, whichever is applicable.
22. State
- If there are no other intestate heirs, the State inherits the entire estate through escheat proceedings. (Art. 1011,
CC)
Q: What is accretion?
A: It is a right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the
part assigned to one who renounces or cannot receive his share or who died before the testator is added or
incorporated to that of his co-heirs, co-devisees, or co-legatees (Art 1015).
If he repudiates it as a legal heir, without his being a testamentary heir, he may still accept it in the latter capacity (Art
1055)
Q: What is collation?
A: It is the act by virtue of which, the compulsory heir who concurs with other compulsory heirs in the inheritance
bring back to the common hereditary mass the property which they may have received from the testator so that a
division may be effected according to law and the will of the testator.
Except, if the donor have so expressly provided or if the donee should repudiate the inheritance UNLESS the
donation should be reduced as inofficious.
5 years from delivery to the State To claim property escheated to the State
1 month To report knowledge of violent death of decedent lest he be considered
unworthy
5 years from the time disqualified Action for declaration of incapacity & for recovery of the inheritance,
person took possession devise or legacy
30 days from issuance of order of Must signify acceptance/repudiation otherwise, deemed accepted
distribution
1 month from written notice of sale Right to repurchase hereditary rights sold to a stranger by a co-heir
5 years from partition To enforce warranty of solvency of debtor of the estate at the time
partition is made
4 years from partition Action for rescission of partition on account of lesion
Q: What are the primary remedies of the creditor in case of breach of obligation by the debtor?
A: PRESS.
Specific performance;
Substituted performance;
Equivalent performance;
Rescission;
Pursue property of debtor
Q: What is a potestative condition and which case does it render an obligation void?
A: It is a condition which depends on the will of one of the contracting parties for its fulfillment. ART. 1182.
A Suspensive Potestative Condition dependent upon the sole will of the debtor renders the obligation void.
Q: When does consignation alone, without tender by the debtor and refusal by the creditor, produces the
effect of payment?
A: ART. 1256, par. 2.
(1) creditor is absent or unknown, or does not appear at the place of payment;
(2) creditor incapacitated to receive thing due at the time of payment;
(3) creditor refuses to give receipt without just cause;
(4) two or more persons claim the same right to collect;
(5) title of the obligation has been lost
Q: What is the doctrine of unforeseen events which produces the effect of loss of the thing due?
A: ART. 1267. The debtor may be released from the obligation (total or partial) if the service has become so difficult
as to be manifestly beyond the contemplation of the parties.
Property
OWNERSHIP
What actions can be filed to recover property?
Movable Property
o WRIT OF REPLEVIN: for manual delivery of property
Prescription of Right: 4 years (GF) or 8 years (BF) from time the possession is lost (Art 1140)
Immovable Property
o ACCION REIVINDICATORIA: Recovery of ownership of real property
Including but not limited to possession
Prescription of Action: 30 years after cause of action accrues (Art 1141)
o ACCION PUBLICIANA: Recovery of a better right to possess (de jure)
Judgment as to who has the better right of possession
Also, actions for ejectment not filed within 1 year must be filed as accion publiciana
Prescription: 10 years after cause of action accrues (Art 1134)
o ACCION INTERDICTAL: Recovery of actual/physical possession (de facto)
FORCIBLE ENTRY: Lawful possessor deprived through FISTS:
- Force
- Intimidation
- Strategy
- Threats
- Stealth
Prescription: 1 year from dispossession (force, intimidation, threats) or from knowledge of
dispossession (strategy, stealth)
In case of leases of residential units, the grounds for judicial ejectment are limited to those enumerated
in, RA 9653: Rent Control Law of 2009 (See Section on Special Laws)
ACCESSION
Case 2: BPS builds, plants, or sows on anothers ;and using his own materials
Landowner BPS and Owner of Material
Good faith Good faith
Landowner has option to: BPS has right to retain (right of retention) the land
a. Acquire the improvement after paying indemnity until the payment of indemnity
which may be the original cost of improvement OR
increase in value of the whole brought about by the NOTE: During this period BPS is not required to pay
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Landowner BPS and Owner of Material
improvement rent.
b. Sell the land to the BP or collect rent from sower
UNLESS value of land is more than the thing built,
planted or sown or BP shall pay rent fixed by parties
or by the court in case of disagreement.
Case 3: BPS builds, plants or sows on anothers land with materials owned by third persons
Landowner BPS Owner of Material
Good faith Good faith Good faith
Right to acquire improvements and Right of retention until necessary Collect value of material primarily
pay indemnity to BPS; subsdiarily and useful expenses are paid from BPS and subsidiarily liable for
liable to OM Pay value of materials to OM landowner if BPS is insolvent
Has option to: Limited right of removal
a. Sell land to BP except if the
value of the land is
considerably more
b. Rent to sower
Good faith Good faith Bad faith
Right to acquire improvements and Right of retention until necessary Lose the material without right to
pay indemnity to BPS and useful expenses are paid. indemnity
Has option to: Keep BPS without indemnity to Must pay for damages to BPS
a. Sell land to BP except if the OM and collect damages from
value of the land is considerably him
more
b. Rent to sower
Without subsidiarily liability for cost
of materials
Good faith Bad faith Bad faith
Landowner has right to collect Recover necessary expenses for Recover value from BPS (as if both
damages in any case and option preservation of land from are in good faith)
to: landowner unless landowner If BPS acquires improvement,
a. Acquire improvements w/o sells land remove materials if feasible w/o
paying for indemnity; or injury
b. Demolition or restoration; or No action against landowner but
c. Sell to BP, or to rent to sower liable to landowner for damages
Pay necessary expenses to BPS
Bad faith Bad faith Bad faith
Same as when all acted in good Same as when all acted in good Same as when all acted in good
faith under Article 453 faith under Article 453 faith under Article 453
Bad faith Good faith Good faith
Acquire improvement after paying May remove improvements Remove materials if possible w/o
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Landowner BPS Owner of Material
indemnity and damages to BPS Be indemnified for damages in injury
unless latter decides to remove any event Collect value of materials from BPS;
Subsidiarily liable to OM for value subsidiarily from landowner
of materials
Bad faith Bad faith Good faith
Acquire improvements after Right of retention until necessary Collect value of materials primarily
indemnity; subsidiarily liable to OM expenses are paid from BPS and subsidiarily from
for value of materials Pay value of materials to OM landowner
Has option to: and pay him damages Collect damages from BPS
a. Sell the land to BP except if the If BPS acquires improvements,
value of the land is considerably remove materials in any event
more
b. Rent to sower
Good faith Bad faith Good faith
Acquire improvement after paying Right of retention until necessary Collect value of materials primarily
indemnity; subsidiarily liable to OM expenses are paid from BPS and subsidiarily from
Landowner has option to: Pay value of materials to OM landowner
a. Sell land to BP except if value of Pay damages to OM Collect damages from BPS
land is considerably more If BPS acquires improvements,
b. Rent to sower absolute right of removal in any
event
Bad faith Good faith Bad faith
Acquire improvements and pay Receive indemnity for No right to indemnity
indemnity and damages to BPS damages Loses right to material
unless latter decides to remove Absolute right of removal of
materials improvements in any event
CO-OWNERSHIP
What is co-ownership?
There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons (Art. 484).
What are the rights of each co-owner over the thing or property owned in common?
1. To use the thing according to the purpose intended (Art. 486)
2. To share in the benefits in proportion to his interest provided the charges are borne by each in the same
proportion (Art. 485)
3. To bring an action in ejectment (Art. 487)
4. To compel the other co-owners to contribute to the expense for preservation of the property owned in common
and to the payment of taxes (Art. 488)
5. To oppose any act of alteration (Art. 491)
6. To protest against acts of majority which are seriously prejudicial to the minority (Art. 493, par. 3)
7. To exercise legal redemption (Art. 1620, 1623)
8. To ask for partition (Art. 494)
POSSESSION
Define possession.
Possession is the holding of a thing or the enjoyment of a right (Art. 523)
LEASE
What are the rights and obligations of a lessor?
Art. 1654 provides for the obligations of a lessor.
(a) Deliver the thing which is the object of the contract in a condition fit for the use intended.
(b) Make on the thing all the necessary repairs in order to keep it suitable for the use to which it has been devoted,
unless there is a stipulation to the contrary.
(c) Maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract.
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The lessor has the right to ask for rescission in case the lessee does not fulfill his obligations as set forth in Art. 1657.
(Art. 1659)
NUISANCE
What is a Nuisance?
A nuisance is any act, omission, establishment, business, condition of property, or anything else which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or street, or any body of water; or
(5) Hinders or impairs the use of property. (Art. 694)