Lia SP MANTT = =—cryviLLA Ww PERSONS AND FAMILY RELATIONS Requisites of a Valid Waiver. Waiver is defined as "a voluntary and intentional relinguishment or abandonment of a known existing legal right, advantage, benefit, claim or privilege, which except for such waiver the party would have enjoyed. The requisites are as foliows: 1 Full capacity to make the waiver 2. Waiver must be unequivocal; 3. Right must exist at the time of the waiver; 4. It must not be contrary to law, public policy, morals or good customs; 5. I must not be prejudicial to a third person with @ right recognized by law: and 8. When formalities are required, the sare must 98 complied with. While compromise agreements are generally favored and encouraged by the courts, it must be proved that they were voluntarily, freely, and intelligently entered into by the parties, who had full knowledge of the judgment (Hapitan Vs. Sps. Lagradilia, 2076). Elements of Abuse of Right, 4. The existence of a legal right or duty, 2. Which is exercised in bad faith, and ie 3. For the sole intent of prejudicinc-or injuring another. Malice or bad faith is at the core of Art. 19 of the New Civil Code. Malice or bad faith implies s conscious 2nd intentional design to do a wrongful act fora dishonest purpose or moral obliquity (Gonzaioe v. PCI, 2091) : A breach of promise to marry por so is not an actionable wrong. To be actionable, a man's promise to marry must be the proximate cause of the acceptance of his love by woman and his representation fo full that promise thereafter becomes tne proximate sauce of aving herself unto him in a sexual congress. Proof that he had in realty no intention of marrying ner ana that he promise was only a subtle scheme or deceptive device to entice or inveigle her to accept hrm and to obtain her consent to the sexual-act, could justily the award of damages pursuant to Article 21 of the New Civil Code (Baksh vs CA, 1993). Accion in Rem Verso. If a void contract has already “been performed, the restoration of what has been given is in order.” This principle springs from Art. 22 of the New Civil Code. Hence, the restitution of what each party has given 's @ consequence of a void and inexistent contract. While the terms and provisions of a void contract cannot be enforced since it is deemed inexistent, it does not preclude the admissibility of the contract as evidence to prove matters that occurred in the course of executing the contract (Tan v. Hosana, 2016). Constitutional provisions on family and marriage. : 1. The State recognizes the sanctity of family life and shall protect and strenathen the family as a basic seciel institution, It shall equally protect te Ilfe of tne moter ane life of the unbom from conception (CONSTITUTION, Art Il, Sec. 12). 2. Marriage as an inviolable social institution, is the foundation of the family and shall be protected by the State (CONSTITUTION, Art. XV? Sec. 2). 3. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen ts solidarity and setively promote its total development (CONSTITUTION, Art. Vi, Ses. 1) Bringing children, manifestation of psychological incapacity. Habitually bringing one’s children to mahjong sessions may be a ground for nullifying a marriage as a manifestation of psychological incapgcity of the mother (Kalaw v. Femandez, 2015) Validity of Marriage. The validity of a marriage and all its incidents must be deterrnined in accordance with the law in effect at the time of its celebration (Castillo v. Castillo, 2016) | SRA Rneuer aac sucn oc.ammnasint See e eT Et ru omc nen on cana en10. "1 12. 13, 14, 46, 16. 2017 CENTRALIZED BAR OPERATIONS LAST MINUTE TIPS Absolute divorce between Filipinos is not recognized in the Philippines. * ‘Hele manfosaton ote oepact fore soncbecfte waa unes eeetily among Fpine cizene Iaitrme tthe sxtnguhirant of aie emaoe tbe geet on aren tases: spouse, or upon a rou exponsy pone ow Eon Se eng oon te sah ofthe Fillpinos exists, no divorce decree dissolving the marriage between them can ever be given legal or judicial recognition and enforcement in this jurisdiction (Lavadia v. Luna, 2014) A Filipino spouse is allowed to contract a subsequent marriage in case a divorec is validly obtained abroad by an alien spouse capacitating him or her to remarry. : This is in accordance with Articie 26 of the Family Code. The law confers jurisdiction of Philispine courts to extend the effect of a foreign divorce decree to a Filipino spouse without undergoing trial to determine the valicity of the dissolution of marriage (Fujiki v. Marinay, 2013). it must be shown that the divorce decree is valid according to the national law of the foreigner (Garcia v. Recio, 2001) Extent of the petition under Article 26 paragraph 2 of the Family Code. ‘An action based on the second paragraph of Article 26 of the Family Code is not limited to the recognition of the foreign divorce decree. If the vourt finds that the decree capacitaied the alien spouse to remarry, the courts can declare that the Flipine spouse is ikewise capacitated to contfact another marriage. An‘alien’s legal capacity to contract is evidenced by a certificate issued by his or her respective diplomatic and consular officials, which he or she must present to secure a marriage license (FAMILY CODE, Art 21), ‘The Filipino spouse who seeks to refnarry, however, must stil resort to a judicial action for a declaration of authority to remarry (Corpus v. Sto. Tomas, 2010). Only the Filipino spouse can invoke the 2™ paragraph of Article 26 of the Family Code. ‘The legislative intent is for the benefit of the Filipino spouse, by clarifying his or her marital status, settling the doubts created by the divorce decree. If the Filipino spouse invokes the second paragraph of Article 26 of the Family Code, the action is not limited to the recognition of the foreign divorce decree. The courts ‘can deciare that the Filipino spouse is capacitated to remarry (Corpuz v. Ste. Tomas, 2070) Expert opinions in psychological incapacity cases are NOT indispensable. Such opinions, while highly advisable are not conditions sine qua non in granting petitions for declaration of nullity of marriage. If the totality of evidence presented is enough to sustain a finding of psychological incapacity, then actual medical or psychological examination of the person consemed need not be resorted {6 (Mendoza v. Republic, 2012) Who may attack void marriage Under the Family Code, only the husband or the wife, the parties of the marriage may attack a void marriage (A.M. No. 02-11-10 SC). Under the New Civil Gode, any interested parly may attack a void. marriage collaterally without prescription. The goveming law depends on the effective laws when the marriage was contracted (Garicia-Quiason v. Belen, 2013). To execute an Affidavit of Cohabitation, the man and the woman must have attained the age of majority, and that being unmarried, they have lived together as husband and wife for at least 5 years. ‘The minimum requisite of S years of cohabitation is an indispensable requisite carved in the language of the law, This material fact cannot be dispensed with, otherwise the marriage is void (Republic v. Jose Dayot, 2008) A misrepresentatation as to the 5-year cohabitation before the solemnizing officer renders the marriage void on the ground of absence of marriage license. i However, the affirmative defense of absence of a marriage license, thus invalidating the marriage, will not lie in a criminal action for bigamy for to do so would make a mockery of the sanetity of marriage (Santiago. v. People, 2078). Defenses in legal separation. Consent Gondonation Collusion Connivanee pons5. Mutual Guitt 6. Prescription (Family Code, Art. 56) 7, Death (Sy v. Eufemio, 1972) ping together after full knowledge of the offense is condonation In legal soparation cases, snes gearation, condonation means forgiveness, express o heratige Thus, sleeping with the spouse. soreneiving tise to @ case for legal separation is condonaton, muon condonation may be evidenced by voluntary Intercourse after knowledge of the catise (Bugayong vies Mesge 18. Requisites for the Declaration of Presumptive Death, 1 New Civil Code. Present spouse wishes to remarry; present spouse has a well-founded belief that the absentee is dead; end Facsent spouse files a summary proceeding for the declaration oy Presumptive death of the absentee. (Family Code, Art. 41). aon mass media; or % [he present spouse's evidence might or would only show that the absent spouse chose not to Communicate, but not necessarily that the latter wae indeed dews Groner Cantor, 2013), 18. The proper remedy in case of Fraudulent Declaration of Presumptive Death is file an annulment of judgment. re crrene, ing of an affidavit of reappearance would not suitice for the Purpose of not only terminating EG sffects of the declaration of presumptive death, An affidavit oy reappearance is not a sufficient remedy Because it will only terminate the subsequent marlisoe tate Pullify the effects of the declaration of hey Presumptive death and the subsequent marriage (Santos v. Santos: 264f¢ 20. The lack of the other spouse's written consent on the sale of conjugal property renders the contract void, part of Oe eee, the Family Code, the transaction should be construed ax a continuing effer on the Seceplance oyeentlg spouse and ths third person, and may be pare ecrcses binding contract upon the or Beth tfereeng SMREE SPOUSE OF Upon authorization by the cous Lorene oe offer is withdrawn by either or both offerors (Aggabao v. Sps. Parulan, 2010) 21. Effect of Death on the Conjugal Properties, sre iproPerties of a cissolved conjugal nartnership fall under the fegime of eo-ownershin_among the Pavitied, Spouse and the heirs of the deosaced opouse vrnen ts liquidation and partition (Taningeo v. Oe Of Deeds of Laguina, 1962). A disposal made by o Surviving spouse is not void ab initio, The sale of the surviving spouse of the conjugal propery is val var tie 49 eee (Domingo v. Ses. Molina, 2076). 22, Property Rolations under Void Marriage. Bro con eain nly Code, ifthe properties are acquired duting the marriage, the presumption is that they ane Tati ge fe we abelcable law, however, insofar as the ieunehee ne the conjugal partnership assets Sra taely is eoncemed, is Art.429 in relation to mrt a7 Generally, in vold marriages, the property roaaens, of the parties during the period of eohabkaton i gonna either by Art. 147 or by Art 148 (Ocampo v. Ocampo, 2018). 23. Ay ‘Article 148,AN 24, 28. 26. 27, 28, 29, 30. CIVIL LAW * Solemnized by a person without] ~ = Minor (aa 35 paray ] authority (Art. 38 par. 2): * Bigamous or Polygamous (Art. 35 + No marriage license (Art. 35 par. 3); par. 4); 7" + Mistake in Identity (Art. 35 par. 5); + Incestuous (Art, 37); erent ts moneomplicnce of | = “Void by Reason oF Public of Policy requirements under Article $2 (Art (Art, 38); and 35 par. 6); and + Bigamous (Art. 41) + _Paych« ingical Incapacity (ét. 36) ! Increase in Vaiue of Family Home. Ifthe increase in value of the family home is by reason of an inv Improvement, the one establishing 3. There was an increase in its actual valu Article 162 not retroactive. SNgcs 182 simply means that ail existing family residences at the time of the effectivity of the Family Code Under ine ecifamly homes and aro prospectively enitied to the benelts eee ene family home retroactive Sa A Gaae, ftcle 162 does not state that the provisions of Greet arm have a retroactive effect (Modequillo v. Breve, 1980). Principle of Estonpel applies in Recognition of Paternity, principle oP aatve father voluntary but falsely acknowledged @ child as his son, he is bound by the conelocive ueatehpel which provides that through estoppel an admission of sence acto is rondered Conclusive upon the person making fe may ceevetthsless, he may raise the issue ofthe child's status and Motion Cone the proper court but Peery 30,50 Snly in a petition for that purpose. The civil status efor cepnot be attacked collaterally (BBB v. AAA, 2015). . Arolication of Art. 168. {ithe marriage is terminated and the mother contracted another marriage within three hundred days after see cha etion.of the former marriage, these rules shall govern in eaten roof to the contrai 1 Agta born before 180 days after the sclemnization of tne culos nacre marriage is considered to the toneamganceived during the former marrage, provided itbe bere oe, hundred days after the termination of the former marriage. 2 Aang born afer 280 days following the celebration ofthe subsequent marriage is considered to ator be conceived during such marriage, even though t be err enr e three hundrae days afer te termination of the former marriege (FAMILY CODE are Tag Duty to Support. thelr rotenone Family Code on support applies only to Filipino citizens. Foreigners are governed by Glee Cational law with respect to famuly rights and dulce (weeny e CODE, Art. 15). The obligation to 2074), PPO © a child is @ matter that falls under family Hghts ord ausoe (Del Socomp v. Van Wilsen, 1 Se Tcability of the provisions of Family Code on marriages celebrated bofore its effectivity. The Pamlly Code govems the eale of a conjugal property antarne effectivity even if the marriage is celebrated inelucie ame. Article 254 of the Family Code has expreseyr ey Several titles under the Civil Code crane ng Provisions on the property relations of husband sraraiee According to Article 256, the provisions Parsien Doves 78° MAY APP retroactively provided no vested feie ee Impaired (Sps. Aggabao v. Sps. novactus or prenatal Authority for Adopting Parents in case where adopt, ronts had Ro actual or physical custody over the adopted child. rove Patents Pe Tee ot stoptan does notimpase the ably, Te held that parental2017 CENTRALIZED BAR OPERATIONS CIVIL LAW 31. Deep Pocket Theory. Nothing in the Family Code shall be-construed to derogate from the duty or responsibilty of parents and guardians for children and wards belaw 18 years of age mentioned in the 2"? and 8 paragraphs of Arias 2180 of the New Civil Code (FAMILY CODE, Art. 236). The'vicarious liability of parents over their mince chidren under Art. 2180 of the New Civil Code covers net only obligations which arise from quast deere but also those which arise from criminal offenses (Salen v. Balce, 1960). 82, Surname, choice of illegitimate child. Art. 176 gives illegitimate children thé right to decide if they want to use the sumame of their father of not. itis not the father or the mother who is granted by law the right to dictate the sumame of their illegitimate children (Grande v. Antonio, 2074). 39, Middle name of an adoptee is the surname of biological mother; Reason. First itis necessary to preserve and maintain “he child's filation with her natural mother because under Family Code, Article 189, she remains to be an intestate heir of the latter. Thus, to prevent any confusion and needless hardship in the future, her relationship or proof of that relationship with her natural mother should be maintained. ‘Second, there is no law prohibiting the adopted to use the surname of her natural mother as her middle ame. What the law does not prohibit, it allows. Last, it is customary for every Filipino to have a middle name, whieh is ordinarily the surname of the mother. This custom has been recognized by the New Civil Code and Family Code {in the Matter of Adoption of Stephanie Nathy Astorga Gareia, Honoraio Catindig, 2008), #4, Grounds for Change of Name (RA 9048) ‘The petition for change of first or nickname may be allowed In any of the following cases: 1. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely Aifficult to write or pronounce; 2, The now first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the communi 8, The change will avoid confusion (RA No. 9048, Seo. 4) 35. Change of Name not granted, A person can effect a change of name under Rule 103 of the Rules of Court based on valid and meritorious grounds. A change of name that Would affect his legal status, from legitimate to illegitimate, would not suffice the grant of supplication. This is considered substantial and controversial alterations which can only be allowed after appropriate adversary proceedings. Rule 108 should be applied in such cases (Republic v. Coseteng, 2071). PROPERTY 36. Building as personal property: exception. A building is an immovable property, irrespective of whether or not said structure and the land on which it is adhered to, belong to the same owner. However, the view that parties to a deed of chattel mortgagee may agree to consider a house as personal property for the purposes of said contract, "is good only insofar 88 the contracting parties are conce-ned” (Evangelista v. Alto Surety, 1958). 37. Machinery installed by the lessee, a movable property. The machinery only becomes immotslized when placed in a plant by the owner of the property or plant, . but not when so placed by a tenant, usufructuary, or any person having only a temporary right (Davao ‘Saw Mill Co., ine., v. Castile, 1935) 38. Electric poles, movable property. The steel towers or supports are not immovable property because they do not constitute buildings or constructions adhered to the soll. They are removable and morely attached tb a Square metal arse op Frans, ct bots, which wen unscrewed could easily be dismantled and moved irom place to Deed, ammermore, they are not attached to an immovable in a fixed manner, and they can be ceparsted vithect breaking the material or causing deterioration upon the object to Which they are attaches oe era Assessment Appeals v, Manila Electric Company. 1964),40. 41 42. 43. 44, 48. 47. Province oF Betas gine high tend directly to meet the needs of sald Indust ok sas oe Energy ine. v. Province of Batangas, 2007). Requisites of Adverse Possession of a Co-owner 1 Tiss co-owner has performed unequivocal acts cf repudiation of the co-ownership amounting to an Guster of the costu/ que trusts of the other co-owners, J 3 2 g 8 a h z : a 3 a asso Seunership when the property is already separately identifiable, thing on eg of the New Civil Code provides that co-oumership exists wae the ‘ownership of an undivided Sigs. or right belongs to different persons. Verily, a house anda ier an Separately identifiable properties, Ounsrehip (ecaattorent owners: Mere constriction of a house on anothore toa soca create a co- ownership (Pidlaoan v. Pidlaoan, 2016} Builder in good faith. i upon pace 4g, the landowner is given tne option, either to appropriate the improvement’as his ows Relatealy, Ares dg POPS! amount of indemnity cr to sell the land to the eee ene good faith, neceeeay Aitcle S48 provides that a bullder in good faith is conte to (re reimbursement for all the Bctc I G50 TaN TN Perse neumed IF Bow doted in bad fait the tow meses een if they Eagar Hi amese WoMss Development Corp, Home Guaranty Corp v Montent aise Domingo Tapay, and Edgar Hi. Arreza, 2016), v. Lim, 2010). Elements of action to quiet title. 1 pe Daantif or complainant nas a legal or an equitable tile to or interest in the real property subject of the action; and 2. The deed, clsim, encumbrance or proceeding claimed to be casting cloud on his title must be shown or Dolmt act invalid or inoperative despite ts prima facie apse of validity or legal efficacy (Heirs of Delin and Maria Tappa v. Heirs of Jove Bacud, et a. Sora (ote tat Dispute is an issuo of ownership. Opposing possessory nghte over certain areas of adjacent Slectmenr irom Claims of ownership thereat. cannot be ressieea we ‘summary action such as an PRetment suit. The controversy should be fully thresned cary S (Spouses Javier v. Spouses De Guzntan, 2018)" ‘ Requisites of Accretion, 2. 728 depesition for soil or sediment be gradual and imperceptible; Dried-up river bed is not an accretion. penereee36 of crying Up ofa river to form dry land involved the recession of the water level from the river foog mein tne oted-up land did not equate to acsranen Se fe level did not recede and was more or2 S CIVIL LAW 48. Unlawful Deprivation. . eee ra tatatlishes two exceptions to'the general rule of irrevindicabilty, to wit, when the owner 1. has lost the thing, or 2. has been unlawfully deprived thereof, imneehossessor cannot retain the thing as against the owner, who may recever it without paying any indemnity, except wnen the possessor acquired iti a public sale. (Aznar. Yapdiangne sanby 49, Easement of Right of Way. Commpuigueeulence Tor the dominant estate is not what is required by law as the basis of setting up a 50. Requisites of Easement of Right of Way. Te uarmovable is surrounded by other immovable belonging to other persons, and is without, ‘adequate utlet to a public highway; 2. Payment of proper indemnity by.the owner of the surrounded i 3: The isolation of the immovabie isnot due to its owner’ acts: ar # eee enesed casement of right of way is established.at the point least prejudicial to the servient + estate (Alicia Reyes v. Spouses Ramos, 2016), 51. Extinguishment of voluntary easement, soremneay, casement of right of way, tke any other contract, could be extinguished only by mutual Ber Conn o Cenunclation of the wner of the dominant estata, (Le Vista case, Unisourco Coenen net & Dev. Corp. v. Chung, 2008) 52. Prescription of a positive and a negative easement. ee ess eaeement prescriptive period commenced from the day the owner of the dominant estate made forbade by cn egative easement, it shall be computed from the day the owner of te commen ones ceercising aarinsinument acknowledged before a notary publie, the owner of the semen eae rae exercising an act which would be lawful without the easement (Now Civ Coda, Are 651) 53. Nuisance per accidens may not be summarily abated, ASRS etal ng, by itselt, poses no immediate narm or danger to anyone but is merely an object of and. thus tree ree te bxits nature, injurious to nights of property, of health or of comfort of te conte earity Frkors Clubs Tay, ote abated as a nuisance without the benefit of a judicial hearing (Cruz ve Doeaae’, Hiker’s Club, inc., 2016). 54. Barangay officials not authorized to abate nuisance. dietrct Nes sopect the New Civil Code, the abatement of a public nuisance Is the responsibilty of the Sinwiet health officar. Under Article 702, the district health officer is also the official whe stair myers Tio anicioe ag abatement, without judicial proceedings, is the best remedy against a public rateaneer wre Ofrcieanes Ao not mention that barangay officials is authorized to determine the propriety et akecemee of nuisance (Natividad C. Cruz and Benjarnin Dela Cruz vs, Pandanan Hikers Club, Ines ROTe 55. Remuneratory donations need not be in a public document. reales on contract should govern because the donation is onerous - the burden imposed upon the done ieuoesupation and iaaaasaie ‘A mode of acquiring ownership Not one of the modes ‘Confers ownership By itself_does not give Hse to ownership a Corporeal things can Be tie subject of occupation | Corporeal. things” and” Rite SSDS TS possession Guselot land cannot be the object of secupation —| Parcel of land ls Subjects possession Gscupation can take place only with respect to | Can refer to Sil Kings op property, whether with or property without an owner without an owner (Tolentino, Civil Code, 1982, ed, p. 480) 7 757. Prescription by Possession. provkaeey eociomis or possession in the concept of an owner is one of the two concepts of possession Prouded! under Article S25 of the New Civil Code. Also referred to ae sdve ee Possession, this kind of Bre susvepubis of herer an siben into ownership by prescrition. However, only things and ities ai Ste susceptitie of being appropriated may be the object of possession (Republi wr Coton ore 2018). 58. Concept of tacking of possession. Bnd Upon the fioreear et nS Meredliany pruperty is decmed trensmitied to the heir without interruption 1 the posscacroment of death of the decedent if inheritance Is accepted. An heirs postencen ewe poscodcor man cris father. in the computation of the time necessary Tor presemminns ena present Predecessor nore ane Povied fer prescription by tacking his possession to that w Hie see Predecessor.in-interest (New Civil Code, Arts. 1138; 533) 59, Prescription against the State, Te org Prescription can even begin o run against the State, the following conditions must ‘toncur to convert the subject into patrimonial property: 1. [he subject ot must have Been classified as agricultural and in compliance with Sections 2 and Sof Article XII of the Constitution: 3. The land must have been classified as alienable and disposable; and S Thsig must Be @ declaration from a competent autnonty that the subject lot ls no longer intended for eoplicanes werereby converting it to patrimonial property. Only when these sondkions are mes oor (Ropubie warn their public and peaceful possession of the subject lot in the concent aia neat 80. Prescription of actions to'annul mortgages. a mortgage arg raede,aetion” used in Ais 1142 of tne New Civil Code refers to an action to foreclose Ano Te a ae mning to do with an action to annul the foreciosure of the morgane lec mao oned of 28 not the applicable law. When the action is based pana writen weneeoe Ne ‘applicable Srntalacidus e Ce ees Ao 2eArS from the right of action accrued ~ Article 1144, Cun ede FEN Oe Of Malasiqui v. Ceralde, 2015). 61. Imprescriptible Actions. The following are the rights not extinguished by prescription: To demand a right of way To bring an action to abate a publi¢ or privaté nuisance: ‘To demand partition of eo-ownersiip: ‘ dregt one easement of light and View through observance by the servient over ofthe distances for direct or oblique view; Fo Ssclare the inexistence of a contract or the nullity of a judgment; To compel 2 trustee to f-convay property registered in his name forthe benefit of the costui que trust, NOM peRa purchaser for value; 8. To seek issuance of a wait of possession; 2 8. To probate a will; and- 2 10. Recovery of the state of non-registrable lands, [-2:Distinctions between donations inter vives and donations mortis causa, Donation inter vivos. Donation montis causa the dosent mediately or during the Wetime of —| Takes ahect user one the donor 1e donor Sonor n> SONVEYeE before Te eath GY The | Ownership Te comeyed upon the death of the donor donor Walid ifthe transferor survives the Wansferes Void if he transferor survives the tansferees Imevocable. as a rule Revocable [Comply with Aris. 748 and 745, NOT Must comply with the requirements of @ wil 83. Grounds for revocation of donation by reason of ingratitude: _ . +. When the donee committed af fense against the person, nonor or propery of the donor, or of his, «wife or children under his parental authority,ANY CSINATRAICEED BAK OPERATIONS: his authority: S(Oitee dhe donge unduly refuses him support wnen the donee is legaly or morally bound to give support to the donor (New Civil Code, Art. 765) 64. Cognition Theory - Acceptance of C-onation. moment io ieouowang the theory of cognition (Anicle 1318, Civil Code), is perfected only upon the Instrument the dongs oh Sone aerpiance by the donee. If the aocplanee is mano Sn separate instruments. aercrgshal! b8 notified thereof in an authent form, and ins step shen fe nGosee both Tones agg Dsence Of acceptance makes’ the donation null ard “sos (Lagazo vs, Court of Appeals, 1998) oe ro ner g, GaPacity shall be determined as of the time of the making of the donation’ J eaeeie, ths apparent contradiction, the phrase "making of the donate" ceca ae construed to mean Samnccg, of the. denation.” Hence, the donation would be vad. altteuar ene was insane, for fe learns of the sere sions the deed of donation or informe the donee forthe decnen but sane when Bed cers cf the acceptance. The donor may ack for annuimentoftmece rake n ree desires. (Comments ‘and Cases on Property, De Leon, 2011: p. 661), 68. Existing inheritance as object of donation. An inheritance, which is no longer future from the moment of death of the Predecessor, may legally be the Spect of @ contract. A donation is contractual in nature, inasmuch oe rer ne efficacy, the concurrence of {v0 wils is required that oF the donor and the donee. (Osorio vs. Oseris: 1825) SUCCESSION 67. Will of a foreigner can be probated in the Philippines. Gr an sien Whang gven legal effects in our Junsdlction. Article 816 of the Civil Code states that the will prescribed by ioc Ggahroad produces effect in the Philippines it made in aos ono nee formalities Proseribed by the law of the place where he resides, or according to the formalnen voce at his couratry. 68. Preterition . anc Reptestion of a compulsory hetr inthe direct line shall dnnul the institution of heirs, but the devises inate ee shall remain valid insofar as the legitimes are impaired Consequently, #2 will does not intestacy Meee ere8 of egatees, the preterton of a compulsory havin ne eee aa result in tot Intestacy (Morales v. Olandiiz, 2016), 69. Extent of the power of the probate ‘court, General Rule: The scope of the cours induily is limited to questions on the extrinsic validity of the will, Exceptions: * 2. When Natanted by the excoptional circumstances (Nepomuceno v. CA, 1988). 2 icen Risctical considerations demand thatthe intinslevalaty erty Ce Passed upon even before sapprebates, the probate court should most the issue. The decode oe PS ‘matter how valky Walchty ots testament gold: The conduct of separate procesdings to Getemee wal inti validly ofits testamentary provisions would be superfluous {Menioen Otendiriz, 2016). 70. Signed in the presence. il Keel eee eresencia de nosotros or in our presence” coupled with the signatures appearing on the il elt and after the attestation clause could only mean that Fr nd alS" Subscribed to and professed before tne 8 witnesses that the document was his last will,71. Notary Public as Witness, nese a es before whom the wll was acknowledged cannot be considered ae the thir instrimental Will (oro a Vinaaee sata: Witnesses) since he cannot acknowedge before himsalf his Naving see, will (Cruz v. Villasor, 1973). . 72. Attestation Clause. 73. Institucion sub modo (Modal substitution), - teatanaatarent of the object of the institution, or the purpose or application of the Property left by the it appears trae cnarWe POsed by the testator upon the hat, shal not be considereg ab seer die OF Me 'C appears that such was his intention. (Mew Civil Code, Article 865) 74, Disposition captatoria. testator oto made upon the condition thatthe heir shall make some provision in hi wil in favor of the Soap OF 4PY other person. The provision is void as it becomes a contractual wi Gono Code, Art 375) 78. Concept of “barrier” between legitimate and illegitimate. befucen pacic Postulate in Article 902 of the Civil Code known as the principle of absolute ‘separation doctrine ee aitimate family and the itegitimate family. This ie alse known ae tes eae tule." The. seats selects Succession ab intestato in the collateral line betwesn treats felatives, on the one hand, line. ‘Ses the atves. on other hand, although i does not totally disevow suchemerer ane rect teotannce tne rule is predicated on the presumed wil of the doncoce gees application, on testamentary dispositions. (New Civil Guu, Sve SUE) 76. Civil interdiction, A Be Noe uate eration may not dispose of property inter vis, he ean do it morte causa (RPC Ait. 34; New Civil Code Arts. 37 & 36), 77. No right of representation by illegitimate ct 78. Repudiation; effects. Repudiation is the act by virtue of which an h with the formalities prescribed by law NOT to, Its effects are: 3; Benders the transmission of successional rights ineffective; 3. Equivalent to an act of disposition and slienation; ona 3. Rrauires greater capacity and more formalities than acceptance (URADO, Comments and Cases on Succession, p. BOE SOT} General Rule: Irrevocable Exceptions: 2 Weds through any of the causes ‘hat vitiates consent: and 2. When an unknown will appears, provided that such wil Substantially change the rights of a person who repudiate. (CAGUIOA, Civil kaw, p. 449), OBLIGATIONS AND CONTRACTS honey te pany Rae paren delay once he cter pay has perfor hie prt ofthe convac Othe does fa herrea ras of Day and whinge pom ae Mees Fat of he cont the Touprosa’cigetons Wace! Saget operon Py oa gapen fe cegaton i in reciprocal obligations. Hc.vever, until the ‘contract ie Fescinded, the Juridical tie and the concomt \comitant. Obligations subsist (Reyes v. Rossi, 2915), 10faith by the defendant that violates the reciprocity connie ws Battles. Rescission under this provision is proper only ene crate Parties of the eontract commits a substantial breach of its provisions: and 2. {uiele 1981: Rescission by reason of lesion oF economic prejudice: the cause of action is subordinated {othe existence of that prejudice. Where the defendant makes Sood the damages caused, the action cannot be maintained or continued (Universal Food Comm. v. Court of Aapeake Noree 51. Extrajudicial Rescission Allowed. power to seach the New Chil Code makes available to an injured party atemative remedies such as the Comply wits ar rentoree fulfilment of the contract, with damages iy ether cece ene ‘obligor does not entering ino erat. incumbent upon him. There is nothing in te law which sechatns Gee Patties from Without court eee nent that a Violation ofthe terms of the contract would veeer woe ease even ‘without court intervention (Lina Callap-Asmeron v. DBP, 2071) £2: Seller of subdivision lot not excused under Article 1267 (Doctrine of Unforescen Events), Suge ection 20 of Presidential Decree No. 957, all developers are moncaaen & ‘complete their construsiey, Elects within one (1) year from the’ jssuance of their Hcewa ie amenities, once fo manage tha o20 Be Maintained by the developer until a homeowners’ association nacre organized to manage the same. r For Article 1267 to apply, the following conditions should concur: 1 Ae 2vent or henge in circumstances could not have been foreseen atthe time of the execution of the contract; : SF ltmase she performance of the contract extremely dificult but not impossible: 3. imust not be due to the act of any of the partioe, ond “The contractis for « tuwure prestation (Tagaytay Really Co,, Inc. v. Gacutan, 2015) 83. Casino chips can be used as payment, me Cage chips can be used and transacted outside of the casino even as paymeft of an obligation. Though Casing which eens gestitutelegal tender, there iso law which prohibit thelr use of tose eras ae eit the casing aha ery (2, 80Y case, tis net unusual — nor ist unlikely = that a persoe cote paid Cavin meine chips: said tansaction, If net common, is nonetheless not uniswta face Bay Resorts & Casinos, inc. v. Fernandez, 2014). 64. Novation, one tay won S extinguished by novation by the substitution or change of the obligation by @ subsequent one that terminates the first, either by: a. changing the object or principal conditions; b. substituting the person of the debtor: or @. |, Subrogating a third person in the rights of the creditor. Colgate thatthe extinguishment be so deciared in unequivocal terms, or thatthe old and the new seigajons, be on every point incompatible with each other, In case of only sight modifications, the old obligation still subsists (Deganos v. People, 2013). 85. Dacion en Pago. ef C Soncrazeation to the creditor of anroperty by the debtor withthe consent ofthe former: and © Satisfaction of the money obligation of the debeer (Wilarta vs. Talavera, 2016) 88. Test of Incompatibility. There are two ways which indicates the presence of novation: 2, express -_when the novation has been explicitly stated and declared in unequivocal 2 TP ewnstner or tte gid and new obligations are incompatibis on evans caine a eee ye ingompatibility a87. 00, 89, 90. 1. 92. CIVIL LAW Legal compensation, : : Pamreart poe ce, Compensation between tio persone ifthe obligations are no! liquidated or fixed as the Compenseton ne as agbendent upon a contingency, that is the payment by a thid occa are So pepsation ig a mods of extinguishing obligations whereby two persone in thelr carey ar principals Sbigations towers amd creditors of each other with respect to equally liquidated and aerenaeas Dartioe intace rich £9 retention or controvorsy has been timely commenced and commbinicney eae Parties. (Mavest (U.S.A.), Inc. v. Sampagulta Garment Corporation, 2008), Form of contracts. Cone oye that @ contract should be contained in a single document. A whole contract may be Aulronly v DMOE sos geuments that are consistent with one other(Bases Conversion Develec meng Authority v. DMCI, 2076). Amendment of Contracts. Contracts Covered by the Statute of Frauds. Ons following cases, an agreement hereafter made shall be unenforceable by action, unless the same, Svidenee trereot er eesnaum thereet, be in writing, and subscribed by the party charged. or by his suont Sontenee, "erect of the agreement cunnot be received without the wring, or @ sesotiery eume resort contents: 2, Aigateement that by its terms is not to be performed within 4 year from the making t 2. 3, An agreement made in consideration of other than a mutual 4 sree and kind of property sold, terms, price, names of the purchasers. and parsons wo Wiiecg, ‘account the sale is made, itis a sufficient memorandum 8. An agreement for the leasing for a longer period than 1 year; 5: {An agreement for the sale of real property or interest (0.9. usuffuct, easement) therein; and 7 Arepresentation as t6 the credit ofa third person (CIVIl. CODE, Art. 1405, par 2) trevor le of Frauds is exclusive, that is, it applies only to the agreements or contracts enumerated therein (PINEDA, Obligations and Contracts, supra at 638) Binding effect of court's decision. fates iene ecutory decision of the court is applicable to the parties and their successors-ininterest, The impor! sro" an the wait of execution does not vary nor exseed the terms of the Jadgmant (oecunee Imperial v. Sps. Pinigat, 2016),he 94, 95, 96, tac” Dy) Saused by the] caused by vies] caused by Inlunyy pester ee lack of | absence of at | of consent damage either to one | authority, or capacity of both essential —_| jeast one of the ofthe parties cr to.a| parties not cured by elements or | eseential third person Prescription legality Do not produce any legal effect aE i BETTER enn seas Cured by Not cured by prescription prescription Need note ratified | Can be ratified Assailed by a contracting party and a third person’ whose interests directly affected Assailed directly or vollaterally 2017 CENTRALIZED BAR OPERATIONS QAP MINGTE TIPS CIVIL LAW ~ lack of form, equicitoo. Valid ‘and enforceable until annulled by a competent court Valid ‘and enforceable until! Cannot be enforced by a roper action in court Corresponding action for Fecovery, if there was total or Partial performance of the unenforceable contract under No. 1 of 3 of Article 1403 may prescribe Action for annulment or defense of, annulability may Prescribe Action for rescission may prescribe Not cured by prescription except in cage of Art. 1403 Nos. 1 or 3 Assailed bya ‘contracting party and { third person who is prejudiced or damaged by the contract Assailed only by a contracting Party ‘Assailed collaterally Assailed directly ‘or collaterally — directly Compromise Agreement. make exe of theNew Civil Code states that a compromise agreement is‘ contract whereby the parties Take feciprocal concessions, avoid litigation, or put an end te ee already commenced, Its validity sepa natNe fulllment of its requisites and principles of convents MaeeG by law: its terms and Reagents of ea not Contrary to law, mosis, good customs, public palicy. Noctweoe one (The Board of Regents of the Nueva Eeia University of Ssionoe and Tocmmiogy © Coie oET, ledge tetect ea tee him, a8 the assignment takes etlecr oom Pace time he has canes, thereof. A creditor may, therefore, validly assign Nic credit and its accessories without the Gebtors consent (Liam v. United Coconut Prantors Bank 2916), TRusT AAnicle 1066 rgvevance based on implied trust prescribes in 40 years, Aiticle 1456 of the New Givil Code provides that the hersan obtaining property through mistake or fraud isreceeation: The 10-year rule is not applicable when the plaintit is in possession of the land to be Guzman or i 2uch.a case, the action becomes one for quisting of ta. where imprescriptibie (Sps. de Guzman, Jr. v. CA, 2046). the corte er yo YRS for the dats of reglatration of ie aaeey of Fear of an of the Issuance oF the certificate of tite (Vata, De Purlugty v, 1A 1088) . 99. Installment Sales, Daya eipat the NCC applies clearly and sold to the sale of personel roperty the price of which is foreclosu ntalments (Pameca Wood Treatment Plant ina. c."Go 41999). In all proceedings for the morgaaee rat) mortgages executed on chattels which have Seon eee) ok the installment pian, the Golanine, 2008)" "24 ' Re Property included in the mortgage (Magna Frese’ Soe Group, Ind, V. Colarina, 2005), 100. Double Sale, Sere the pera immovable property which isthe subject of @ double sale shall be transferred: 3.12 the Person acquiring itwho in good faith frst recorded tik tre Registry of Property; 3 it default thereof, tothe person who in good faith was fst in peosecesee and The requirement of the law then is two-fold: acquisition in good faith, and registration in good faith. Good faith must concur with the registration (Rosaroso v. Sora, 2013) 101. Equitable Mortgage. Payreenttact of merigage, the mortyagor retains possession of the Property given as security for the In posseselon of tre ued from the morgage. By the clear dletats Erect, net the vendor remains as in this coca, ne DOPSFHY Bold as lessee or otherwise, or ihe pres or mea Unusually inadequate, 21g). “ee he law deems the cofiract as an equitable morigege (Spouses Gallent v. Velasquez, 103, "Void title can be root of valld title. ence Ct audulent document may become the root of a valid tile i the property has already been value A provomtne name of the over to that of the forger, ana teat et ‘of an innocent purchaser for espacial opestive buyer of a property registered under ine geen system need not go beyond the title, ot atv Soe eae has. Ro notice of any bauge of fraud or cetocr et eee place him on guard (Tolenting et al. v. Sps. Latagan, 2015), 104. Sale made by Allen Spous: ‘When an alien husband and @Fipino wite buys a land in the latter's name, the land does not become conjugal property and the sale Or disposition of such land does not ‘Need the consent of the alien husband, The allen hushand has ne capacity or personality to question the subsequent sale of the seme teeny 14by his wife, on the theory that in so doing he is merely exercising the prerogative of a husband in respect Sraaplisel property. To sustain such a theory would permit inairect controversion of the conetitutorst | Prohibition of sale to aliens of residential land (Cheesman vs. /AC, 1991), 105. | Tax or Delinquency Sale. : Gli the registered owner of the property, who is deemed the: taxpayer, is entitled to a notice of Gelinauency and other proceedings relative to the tax sale and not the morigages. This is becawer tn morgage annotated on the subject title shall be incorporated! in or catriod ever to the new berms Seeing its, and te duplicates and shal aiso contain a memorandum of the annulment of tro | Dasencing duplicate.” The rights of the mortgagee are amply protected (Lukban v Cpimnin Development Bank, 2016). 106 5 maiBdivision owner or developer must cause the transfer of the corresponding certificate of title to the buyer upon full payment (Contract to Sell). Speen 26 of FD S57 Imposes on the subdivis.on owner or developer the obligation to cause the transfer grins corresponding certificate of tte to the buyer upon full payment (Gotosco Properties, Ine, snd Gu Spouses Fajardo, 2013), 107. Contract to Sell; Rescission not available, i Mee erteact to sell the title remains with the vendor and does not pass on to the vendee Until the purchase coes ona m full Thus, in a contract to sell, the payment of the purchase price le positive suspenane Soneiton. Ailcle 1882 speaks of non-payment of the purchase price as a resolutory condition, i coer ee pay to 2 Contract to sell. As to Article 1191, It is subordinated to the provisions of Article 1895 when applied to sales of immovable property (Diego v. Diego, 2013). 108. Warranty on Secondhand Goods. Mage 8 ne implied warranty as to the condition, adaptation, ftnose, or suitability for the purpose for which Trade. er the quailty, of an article sold as, and for a secondhand article. Exception: IF there te an express ‘Baranty made, which is binding on the seller even in the sale of a secondhand article (Moles v- IAG end Diolosa, 1889) LEASE 409. ci ae from bares Lease (-caschold ay ‘AS to Subject Ma [May be rural or urban propemy [Limited to agreuturarand ‘As fo Attention and cutivation Lessee need not personally cultivate or work the thing | Leasehold tenant must personally atiend to and leased cultivate the agrieuttural and As to Purpose ‘ May be for any lawfal pursuits [Devoted to agriculture Aa to Governing Law +] Gwil Code [Special Laws - zl (Gusayan v. Sombila, 2078) 110._ Right of first refusal cannot bé invoked on appeal. reegnt should have been invoked when there was notice to the lessee that the property was being sold fo apether person. The failure to assert the right within a reasonable time is an indication that he decinet B oF abandoned suéh right (Perla v. Sp. Tolentino, 2011), : 411. Liability of sublessee. Incase of sublease, the sublessee may be liable to the lessor in the following instances: 1. jLgets which refer to the use and preservation of the thing leased in the manner stipulated between the lessor ang the lessee. (New Civil Code, Art. 1651); 7 Tiocee gees, 'S subsicianly labie-to the lessor for any rent due from the lessee. However, the selgssge, shall not ba responsible beyond the amount of rant due from him: in acesrdaeee vagh re inst the lessee evicting the latter from the premises where © I= in possession. The mere failure of the lessee to pay a5the rentals does 2008), not make the sublessee subsidiarlly iable(Wheelers Club Int, nc. v Bonifacio, Jr. 112, Tacita Reconcluccion, An implied new lease or tacite reconciuccion will set in wt 2. the term of the original contract of lease has expires B the lessor has not given the lessee a notice to vecele; and & the lessee continued enj (Semelo v. Manotok Services, inc., 2012) ‘hen the following requisites are present: {ithe lessor does not notify the lessee of the non-renewal an be no inference that itintended to discontinue tre Wey 113,__Lessee not builder in good faith; Effects. Fron peble of Possessor in good faith naturally cannot apply to a lessee knows that he is not the ESTOPPEL 114. Kinds of Fxtoppel, + Figeebe! in Bais: a person is considered in estoppel if by his Conduct, representations, admissions or and sate on 8 QUO to speak out causes ancther to belione ae setn facts exist and rightully relics wears on Such belief, as a consequence of which he weulsbe rejudiced if the former is permitted fo deny the existence‘of such facts, 2 [afoppe’ by deed: a party toa deed and his privies are precludk Eahe deed as against the other party and hie privion oct & accra! By leat: a person who has falled or negioeted to assert a right for an unreasonable and (Co ener’ lenath of ime is presumed to have abandoned or carer igs declined to assert such right (Co Chien v. Lucia Realty & Development, 2007) ied from denying any material fact stated PARTNERSHIP A power granted after the parins Sede, Art. 1800) Code, Art. 1801) 8. In case it should have been Consent of the others, the the absence or disabil 16‘All the partners shall be considered agents and whatever any one éf them do alone shall bind the partnership, without prejudice to the provisions of Article 1801 ©. None of the partners may, without the consent of the others, make any important alteration in the immovable property of the partnership, even if it may be useful to the partnership. But ff the refusal of consent by the other pariners id manifestly prejudicial to the interest of the partnership, the court's intervention may be sought. 446. The principle of delectus personarum, Under the principie of delectus personarum, it (NEW CIVIL CODE, Art. 1804). i 117. Stages of Partnership; Dissolution. 4. Dissolution; i 2. Winding-up; and 3 ; 3. Termination, z Dissolution is the change in the relation of the partners caused by any partner ceasing to be associated in the carrying on of the business (New Civil Code, Art. 1828). Ite that point of lime the partners couse to erry on the business together. Winding up is the process of setting business affairs after dissolution Termination is the point in time after all the partnership affairs have been wound up. (Idos ve, court of ‘Appeais, 1298) The partnership, although dissolved, continues to exist until its termination, at which tine the winding up of its affairs should have been completed and the net partnership assets are poritonead and distributed to the partners (Sy vs. Duur/ ur Appeals, T8vy), AGENCY 118, _ Binding effect of ratification on principal. Even if the ‘agent acted beyond the scope of its authority, the principal may be bound by the latter's {atification of former's acts. Ratification is the adoption or confirmation by one person of an act performed on his behalf by another without authority. The substance of ratification is the confirmation after the et, amounting to a substitute for a prior authority. The execution of a letter of acknowledgment of 2 contreck of loan made by the agents an act of ratification (Prieto v. CA, 2012). ts 119__ Power of Attorney Couched in General Terms includes only Powers of Administration. The authority expressed in the General Power of Attomey was couched in very broad terme covering petitioner's businesses and properties. The power of administration does not include acts of disposition, which are acts of strict ownership. An authority to dispose cannot proceed from an authority to administer and viee versa, (Bautista-Spille v. NICORP Management and Develoament Corporation 2015), CREDIT TRANSACTIONS 120. Credit Line. Ils @ fixed limit of credit granted by a bank, retailer, or credit card issuer to a customer, to the full extent of which the latter may avail himself of his dealings with the former but which he must not oxesed and fe usually intended to cover a series of transactions in which case, when the customer's credit ine is noarly exhausted, he Is expected to reduce his indebtedness by payments before making any further drawings (Sps. Dela Cruz v. Planters Products, 2013), 424 Distinctions between Guaranty and Suretyship. Depends on an indepencent agreement to pay. ‘Surety assumes liability as regular party to the. she obligation it primary debtor fails to do so | undertakin Secondarily Liable: Collateral undertaking ‘Surety undertakes to pay ifthe principal DOES. zi NOT Pay ‘Guarantor binds himself to pay if the principal CANNOT PAYGuarantor can avail of the benefit of excussiee and division in case the ereditor praceode rainst him "Surely cannot avail of tne beete ee ee and division Hole to know every detault of the principal Not discharged by mere indulgehce of the reditor or by want of notice of default 122... Necessity of SPA in extrajudicial foreclosure. morta eetSt be inserted in the real estate mortgage for the valicty of an extrajudicial foreclosure by the pay Ismet curate mortgagor agreed to an extrajudicial foreclosure te Mortgage in the event of failure Peay I Not suficient authonty forthe morigagor to foreclose eres i Plantilia, et. al,, 2012) Not bound to take notice of the non verformance of his principal irged by the mere indulgence of the /ant of notice of default ‘creditor or wi 123. Pactum Commissorium, creditor eis intended to protect the debtor, pledgor or mortgage; asiney Camayath? olds a place of property, the value af which is mere calc (Lumayag v. Nemeno, 2007) 124. Blanket mortgage clause" or “dragnet clause", Qulanket mortgage clause,” also known ae a "dragnet clause" ie one which is specifically phrased to subsume all debts of past or future origins. Mortgages of th is character enable the parties to provide 125, |_An independent civil action may be instituted to recover det foreclosure of chattel mortgage. Manotel Laviceet eet 8 case of failure of payment (Superines Hanweeeiee Company, ine, and Manolet Lavides, v. ICC Leasing & Financing Corporation, 2089), LAND TITLES AND DEEDS 127. Reconstitution of Title. ineriecanstiution of a certificate of tile denotes restoration in the original form of a lost or destroyed Thus, Rmust esting to te of @ person to a piece of land. It partaxee aio registration proceeding, the potter be granted only upon clear proot that the tle sacar eo ee Festored was indeed issued t0 Cam i rer opis Bredecessor-in-interest, and such tle wae mics sre time it wastost or destroyed (Lurie vs. Republic, 2016), 128. Reversion. Fe cons an action where the ultimate relief sought isto revert the land {ne Regalian doctrine, The Court allows the reser by the Govern ero titles that were void for reasons other‘than fraud, Le., violation by the gi ‘rpancd by low, or lack of urindiction of tha Director of vosCIVIL LAV land or portion of a river, even when such grant was made through mere oversight (Republic v. Hachero, 129. Assurance Fund. ‘To recover from the assurance fund, the following conditions must be met: 3, {he individual must sustain toss or damage, is deprived of land or any estate or interest 2. the individual must not be negligent 3. the loss, damage, or deprivation is the consequence of either : Ei Sausulont cesiatrativn unnier ine Torrens system after the land's original registration, or © any error. omission, mistake, or misdeseription in any certificate of tite or im any ery or memorandum in the registration book: and + hon eral must be barred or otherwise precluded under the provision of any law from bringing an action for the recavery of such land or the estate or interest therein (Register of Deeds v; angio sos) TORTS AND DAMAGES 131, Registered Owner Rule; Liability of Registered Owner. ee main aim oF motor vehicle registration is to identify tho ovmer so that If any accident happens, or that $27gage oF nlury Is caused by the vehicle on the public highways, responsibilty therefor eee be fhvcg oat SSR incividual, the registered owner (Metro Manila Transit Corp. v. Guevas, 2010) In nace coon Single mishape, the registered owner or the motor vehicle is considered as the employer oF he wontons SiNge Sad made primarily liable for the tort committed by the latter under Article P17, Ih wore ean Anicle 2180, of the New Givil Code (Filcar Transport Services v. Espinas, 201} 182. Presumption of negligence; Driver violating traffic rules. negigert We iB Proof fo the contraly, it is presumed that a person drivine a motor vehicle has been Viglaton of the artre cates mishap, ne was violating any trafic regulation (New Civil Code,Artcle 2168) Uigiation of the traffic rules, especially on ubservance of lawful speed, doe rot arsce ae Presumption inal the driver was the one negligent at the time of the collision (Ehipinas Sruhons Set Corporation vs. De los Santos, 2011). 133___Liability of employer for acts c* negligent employee. eaptovers are liable forthe damages caused by their employees acting within tne scope of their assigned Sinployer apenealigence on the part of the employee is established, a presumption instantly sncoe pire robutegote iy Sr tke selection gncvor supervision of the negligent employee, This prescmeuet iy Yu, 2010), Y BY Proof of observance of the aiigance of a good rather of a famny (i Transport Seon Yu, 2015), 136. _ Res ipsa loquitur, : CineTaIy Means “the thing speaks for itso.” itis the rule that the fact of the occurrence offan inquiry, taken make our a unding Greumstances, may permit an inference or raise a! prosompion cy negligence, or explanation Cranlits prima facie case, and present a question of fact for detente fo ogee explanation (Ramos v.'CA, 1988) Ths (eaulsites for the applicability of the doctrine of res ipsa loquitur are: 1. the occurrence of an injury: & FRetiing mich cussed the fay vas under the contol ane! maniagirhed orn Cigatar 3. the occurrence was such thatin the ordinary course of things, would not have hareonca those wno had control or management used proper care, and a9CIVILLAW~ rng foregoing requisites, the mostinstrumental isthe control and management of the thing which causes the injury (Professional Services, Inc.«. Agana, 2007), z 136. ‘Moral Damages. y ay one epeule: moral damages are not recoverable in an action predicated on a breach of contract By way of exception, moral damages may be recovered if and. a? fesuns in death of a passenger (New Civil Code, Arts. 1764 in relation to Article 2206); and »._wnere the common cartier has beer: guilty of fraud or bad falth (New Civil Cede, Article 2220), egiigent dreary, under the exceptions, the award of moral damages is sill proper ifthe employer of the Boas CINE 1 impleaded (third-party complain® inthe action (Enitranco Service Emenee Bee 2072) To Be recoverable, moral damages must be capable of proof and must be actually proved with a Gotermining Ie eet certainty. Courts cannot simply rely on speculation, conjecture, of ceceewet it Getermining the fact and the amount of moral damages (Abohon v. Abobon, 2675) 138. Exemplary Damages, caggrarating citcumstances as used in the Civil Code in the imposition of exemplary damages is to be ircumatonee' tread oF Generic sense. The ordinary and qualilying nature Of an sggraveting OF ine offence aeetinction that should only be of consequence tothe eriminal, rather than tno Son ieee, of the offencier (People v, Belgar, 2014) 20