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Civil Law Review 1 Recit Questions (Atty. Delson) Persons and Family Relations Art. 2 (Effectivity of Laws)
Civil Law Review 1 Recit Questions (Atty. Delson) Persons and Family Relations Art. 2 (Effectivity of Laws)
Delson)
What is an independent civil action (No more discussion and recit on this one. Just
study the rules on independent civil actions).
FAMILY CODE
Property
Art. 414
What is property? (Take note of requisites)
Is the human body property?
How about the dead body?
Artificial limb? Not property.
Is license to operate a cockpit property? No, such license cannot be transferred to
another person because it is a mere privilege granted by the state.
Is driver’s license property? The card itself is property but the privilege granted by
the State is NOT property.
Classification of property?
Art. 415
What is an immovable property? Cannot be transported from one place to another.
Take note of classification – by nature, destination, incorporation and by provision of
law.
If the parties agreed that a real property be considered as personal property, what
rules on foreclosure will apply? Foreclosure of real property and not foreclosure of
personal property because the agreement is binding ONLY BETWEEN THE PARTIES.
Engaging in foreclosure involves THIRD PERSONS who are not bound by the
agreement.
What real property if removed (in relation to paragraph 3), remains to be real
property? TIMBER.
Are the POSTS of MERALCO personal or real? PERSONAL.
How about water pumps? PERSONAL (Yap v. Tanada).
In paragraph 4, must the one be the owner of the painting to make it immovable?
Yes, the person must have the legal right to place it therein.
Animals OUTSIDE of the animal house are PERSONAL property if not taken together
with the animal house.
Art.416
Is ½ interest in a partnership whose property is only a parcel of land, real or
personal property?
Is ½ interest of a co-owner in a parcel of land real or personal property?
Art. 417
Demandable sums of money – does it include obligation to pay money one month
from now? “demandable” = liquidated and determined.
Art. 419
Why is it important to classify the properties of the state?
Are reclaimed lands public or private? Public.
Read: Rabuco v. Villegas and Laurel v. Garcia
Art. 427
What is ownership?
What are the rights of an owner?
What are the limitations to the right of ownership?
What are the characteristics of ownership?
Actions to recover property, when must it be filed and where (accion publiciana,
reinvindicatoria, interdictal, replevin, and injunction)
Art. 429
Requisites of the exercise of the doctrine of self-help.
Read: German case
Exception to self-help? Art. 432.
Art. 437
Extent of the rights of an owner over his land?
Exception to such rights? Regalian doctrine, easements, special laws.
Art. 438-439
What is Hidden Treasure?
“lawful ownership” is different from “lawful owner.” Lawful ownership means that no
one appears to be the owner of the property depending on the circumstances of the
“finding.”
Art. 440
What is accession?
Different kinds of accession?
Art. 476
What is quieting of title?
Art. 482
Rules on trees and ruinous buildings on danger of falling.
Art. 484-501
What is co-ownership?
What are the elements of co-ownership?
Rights of a co-owner?
Limitations as to the right of the co-owner to make use of the thing owned in
common.
Acts of alteration, administration, and preservation.
(On SPECIAL PROPERTIES, study WATER CODE. He asked about the waters that belong to
the state, the principles under the Water Code, the different uses – domestic, municipal,
etc. as well as rules on water permits. Also, he asked why these properties are SPECIAL, the
answer is that it is governed by SPECIAL LAWS. With respect to POSSESSION, sir merely
asked the one reciting to discuss anything he knows on the matter.)
The following tips and discussions are based on the answers for the quiz so halo-halo na ito:
Modal donations in which there is an impossible condition imposed upon the same is
partly void and partly valid.
A minor can be a donee. This is only VOIDABLE.
A wife can donate to her husband’s paramour. This is a VALID donation.
Parties may agree that the debt to paid by the donee is MORE than the value of the
property.
An easement of intrusion is a POSITIVE easement.
Easement of right of way cannot be acquired by prescription because it is
DISCONTINUOUS.
Right to claim legal easement DOES NOT PRESCRIBE.
Fruits falling naturally on the land of another belong to him by OPERATION of LAW
and not by accretion.
Right of way may be apparent/non-apparent.
Light and view is ALWAYS apparent.
Light without view can be apparent/non-apparent. Light without view pertains to
those openings made just below the ceiling joists.
Parents exercising powers of administration over the property of their children is NOT
usufruct because the fruits are still being used for the child.
Ordinary repairs are being paid by the usufructuary.
Why is there a need to pay for legal interests on the part of the usufructuary if the
owner makes extraordinary repairs? It is an additional capital not contemplated at
the time of the existence of the usufruct.
Easement of natural drainage pertains to those waters falling naturally on the land of
another from the higher estates.
Aqueducts are apparent easements.
Art. 783-819
What is a will?
Characteristics of a will?
Can it be probated during one’s lifetime?
Can it be revoked after probate? Yes, during lifetime and even prior to partition.
Why is it that Art. 786 is allowed? Because the testamentary act is already
COMPLETED. You had already complied with the intent of the testator (which was
already complete) once you distribute the properties to those designated by the third
person.
Sir also asked the one reciting to give rules on construing wills.
Then, he will ask you to give a formal requirement of a will then he will ask questions
pertaining to it.
IN WRITING:
Can it be written in any material? Paper, wall etc.?
Does it have to be written by the testator himself? It depends. If it is notarial,
need not be in his handwriting. It can even be typewritten and the mechanical
act may be done by another person. But in holographic wills, it must entirely
dated, signed, and written by the testator himself.
Codoy v. Calugay and the case of Azoala v. Singson. The prevailing doctrine is
Calugay, that Art. 811 is MANDATORY but sir considers the Azoala ruling as a better
doctrine.
Art. 825-827 (Codicil)
What is a codicil?
Can there be a holographic codicil to a notarial will and vice-versa? Yes.
What is incorporation by reference?
Is incorporation by reference applicable only to notarial wills? Generally, yes,
but may also apply to holographic wills if the document is in the handwriting
of the testator.