Professional Documents
Culture Documents
Orca Share Media1510386738157 PDF
Orca Share Media1510386738157 PDF
I. GENERAL PRINCIPLES
Essential requisites of marriage
Newspaper of General Circulation 1. Legal capacity of the contracting parties
Requisites: a. Parties must be a man and a woman
1. Published for the dissemination of local b. No legal impediment to marry
news and general information c. Must be at least 18 years old.
2. Has a bona fide subscription list of paying 2. Consent freely given in the presence of a
subscribers; solemnizing officer.
3. Published at regular intervals; and
4. In the Philippines (Marcelo vs. PCIB, GR Formal requisites of marriage
No. 182735, December 4, 2009). 1. Authority of the solemnizing officer
2. Valid Marriage License
Non-retroactivity of laws 3. Marriage ceremony
General Rule: Laws have no retroactive effect.
Note: Absence of any essential and formal
Exceptions [T-PRINCES] requisites will make the marriage VOID.
1. Tax laws; However, mere irregularity in the formal
2. Penal laws favorable to the accused; requisites will not invalidate the marriage.
3. Remedial or Procedural laws;
4. Interpretative laws; In declaring a marriage void on the ground of
5. It creates New substantive rights; psychological incapacity, is there a need to
6. Curative laws; have an actual medical examination of the
7. Emergency laws; spouse concerned?
8. Statute provides for retroactivity.
No. If the totality of evidence presented is
Exceptions to the exception: enough to sustain a finding of psychological
1. Ex post facto laws; or incapacity, then actual medical examination of
2. Law that impair the obligation of contracts. the person concerned need not be resorted to.
(Kalaw vs. Fernandez, GR No. 166357, January
II. CONFLICT OF LAWS 14, 2015) – BERSAMIN CASE
presumptive legitimes of the common children despite their de facto separation. The husband
shall be delivered upon partition. (Noveras vs. to be eligible to adopt his illegitimate children,
Noveras, GR No. 188289, August 20, 2004). the wife must first signify her consent to the
adoption. The law also requires the consent of
Illegitimate Children the adopter’s children if they are 10 years old or
General Rule: Those conceived and born older. (Castro vs. Jose Maria and Ana Maria
outside a valid marriage are illegitimate Gregorio, GR No. 188801, October 15, 2014).
applicant for land registration has the burden of Republic, GR No. 179987, September 3,
overcoming the presumption of State ownership 2013) – BERSAMIN CASE
by establishing through incontrovertible
evidence that the land sought to be registered is Self-help doctrine
alienable or disposable based on a positive act 1. Actual or threatened physical invasion or
of the government. (Republic vs. De Joson, GR usurpation
No. 163767, March 10, 2014) – BERSAMIN 2. Reasonable force is exercised
3. Force is exercised by the owner or lawful
CASE
possessor
4. No delay in the exercise
VI. PROPERTY
Alluvion vs. Avulsion
Test to determine if property is movable Alluvion Avulsion
1. Test of exclusion – if the property is Gradual and Sudden and abrupt
excluded from the enumeration under Art. imperceptible process
415 of the Civil Code, the property is Source of the soil is Source of the portion
considered movable or personal. not identifiable of land is identifiable
2. Test by description – A property is and verifiable
considered personal if, by its nature, it can New area belongs to Ownership of the
be moved from place to place and can be the owner of the portion attached is
removed from the real property without property to which it is retained by the owner
impairment of the real property. attached from whose property it
is attached
Note: The Test of Exclusion is the SUPERIOR
Sediments are Known portion is
test.
attachment detached and the
same is thereafter
Rules on acquisition of lands of public
attached to another
domain
parcel of land.
General Rule: All lands of public domain belong
to the State. Lands that are not clearly under
Quieting of title
private ownership are also presumed to belong
An action that may be brought to remove or
to the State and, therefore, may not be alienated
prevent a cloud from being cast upon the title to
or disposed.
real property or any interest therein.
Exceptions:
Requisites of quieting of title
1. Agricultural lands of the public domain are
1. Plaintiff must have legal or equitable title
rendered alienable and disposable through
2. A cloud in such title exists
any of the exclusive modes enumerated
3. Such cloud must be due to some instrument,
under Section 11 of the Public Land Act. If
record, claim, encumbrance or proceeding
the mode is judicial confirmation of imperfect
which is apparently valid but is in truth
title under Section 48(b) of the Public Land
invalid, ineffective, voidable or
Act, the agricultural land subject of the
unenforceable, and is prejudicial to the
application needs only to be classified as
plaintiff’s title; and
alienable and disposable as of the time of
4. Plaintiff must return to the defendant all
the application, provided the applicant’s
benefits he may have received from the
possession and occupation of the land dated
latter.
back to June 12, 1945, or earlier.
Limitations on the use of co-owned property
2. Lands of the public domain subsequently
1. Must be according to the purpose for which
classified or declared as no longer intended it was intended
for public use or for the development of 2. Use must not prejudice the interest of the
national wealth are removed from the co-ownership
sphere of public dominion and are 3. Other co-owners must not be prevented
considered converted into patrimonial lands from using it according to their own rights.
or lands of private ownership that may be
alienated or disposed through any of the How acts of co-owners should be decided?
modes of acquiring ownership under the 1. Preservation of the thing – one co-owner
may decide to perform with prior notice
Civil Code. (Heirs of Malabanan vs.
Under this rule, an illegitimate child has no right 3. There is a stipulation that the obligor will not
to inherit ab intestate from the legitimate children be excused even if there is a fortuitous
and relatives of his father or mother; nor shall event
4. Assumption of risk is required by the nature
such children or relatives inherit in the same
of obligation
manner from the illegitimate child. (Art. 992, 5. Thing to be delivered is generic
NCC) 6. Obligor is also at fault
even necessary person are present 2. Instrument does not express the true
Debtor is released Debtor is not released intention of the parties; and
Insolvency of the new Insolvency of new 3. Failure of the instrument to express the true
intention of the parties due to mistake, fraud,
debtor before or after debtor revives the inequitable conduct or accident.
the novation does not obligation of the debtor
revive the obligation if: IX. SALE
1. Insolvency is
existing at the time Contract of Sale vs. Contract to Sell
of novation
2. Of public Contract of Sale Contract to Sell
knowledge or Title passes to the Ownership is reserved
known to the buyer upon delivery of in the seller and is not
debtor the thing sold pass until full payment
of the purchase price
Alternative vs. Facultative Obligations Non-payment of the Full payment is a
Alternative Facultative price is a negative positive suspensive
Effect of Fortuitous Loss resolutory condition condition, the failure of
Only the impossibility Impossibility of the loss and the remedy of the which is not a breach –
of all the prestations principal prestation is seller is to exact casual or serious but
due without the fault of sufficient to extinguish fulfillment or to rescind simply prevents the
the debtor the obligation, even if the contract obligation of the
extinguished the the substitute is vendor to convey the
obligation possible. title from having
Choice binding force
Right to choose may Only the buyer can Vendor loses and Title remains in the
be given to the choose the substitute cannot recover vendor if the vendee
creditor ownership of the thing does not comply with
Nature sold and delivered the condition
Various prestations all Only the principal until the contract of precedent of making
of which constitute prestation constitutes sale is resolved and payment at the time
parts of the obligation the obligation, the set asside. specified in the
accessory being only a contract.
means to facilitate
payment Sale vs. Contract of Piece of Work
Effect of the Nullity of Prestations Sale Contract of Piece of
Nullity of one of the Nullity of the principal Work
prestation does not prestation invalidates Risk of Loss
invalidate the the obligation. Borne by the buyer Borne by the worker or
obligation which, is still contractor
in force with respect to Object of the Contract
those which have no Sale of manufactured Service dominate the
vice. item contract
Applicability of Statute of Fraud
Joint and Solidary Obligations Governed by the Not governed by the
Joint Obligations (Obligacion Mancomunada) Statute of Fraud Statute of Fraud
The whole obligation is to be paid or fulfilled Existence of Things
proportionately by different debtors or The thing transferred The thing transferred is
demanded proportionately by different creditors. is one which would not in existence and
have existed and would never have
Solidarity Obligations (Obligacion Solidaria) would have been the existed but for the
Each one of the debtors is bound to render, subject of sale order of the buyer
and/or each one of the creditors has a right to
Rules in determining if the contract is one of
demand entire compliance with the prestation.
Sale or a Piece of Work
Reformation of Instruments If ordered or If manufactured
Requisites: manufactured in the especially for the
1. Meeting of the minds of the parties to the ordinary course of customer and upon the
contract; business special order, and not
for the general market
Sale vs. Barter 4. Two or more buyers who are at odds over
Sale Barter the rightful ownership of the subject matter
Nature must present conflicting interest.
Thing is given in Thing is given in
exchange of a price exchange of another Rules of Preference in Double Sale
certain in money or its 1. Movable properties – first possessor in
equivalent good faith is preferred
2. Immovable properties – the order of
Applicable Law
preference is as follows:
Law on Sales Law on Barter or a. The buyer who first registered in good
exchange of another faith
thing b. First possessor in good faith
Applicability of Statute of Fraud c. Oldest title.
The rules on Statute of The rules on Statute of
Frauds, which apply to Frauds, which apply to Right of First Refusal
the sale of real the sale of real and An agreement which gives the first priority to the
property and personal personal property prospective buyer to purchase the property
property bought at bought at P500 or should the owner decide to sell the same. The
P500 or more apply more, do not aply. owner should offer the property first to such
If the consideration is partly in money and person.
partly in another thing
Remedies of the Unpaid Seller
1. Transaction is characterized by the manifest
1. Before delivery – no obligation to deliver the
intention of the parties.
thing sold, if the buyer has not paid the
2. If there is no manifest intention – price.
a. Barter if the value of the thing is more 2. After delivery
valuable than money a. Lien on the goods or right to retain them
b. Sale if the value of the thing is equal or for the price
less than the amount of money. b. Right of Stoppage in transit
c. Right of Resale
d. Right to Rescind the sale
Earnest money vs. Option money
Earnest Money Option Money RECTO LAW
Part of the purchase Given as a distinct Remedies of the seller in a contract of sale of
price consideration for an personal property on installment basis
option contract 1. Exact fulfillment of the obligation – in case
When given, the buyer The would-be buyer is the buyer failed to pay
is bound to pay the not required to buy 2. Cancel the sale – if the buyer failed to pay
balance two or more installments; or
Given when there is Sale is not yet 3. Foreclose the chattel mortgage
already a perfected perfected
MACEDA LAW
sale
Applies to contracts of sale of real estate on
Title passes to the Ownership is reserved
installment payments, including residential
buyer upon delivery of to the seller and is not
condominium apartments. It does not apply to:
the thing sold pass until full payment
1. Sale of industrial lots
In case of non- In case of non-
2. Sale of commercial buildings;
payment, an action for payment, there can be
3. Sales to Agricultural Tenants; and
specific performance no action for specific
4. Straight Sale or Sale not on installment
or for rescission can performance.
basis.
be filed
Conventional Redemption
Requisites of Double Sale
By express agreement, the seller is given the
1. Two or more transactions must constitute
right to repurchase the thing sold.
valid sales
2. Must pertain exactly to the same object or
Period to exercise conventional redemption
subject matter
The right of redemption should be exercised
3. Must be bought from the same or immediate
within the following period:
seller
1. Within the period agreed upon which should
not exceed 10 years from the date of the
contract
Pen vs. Spouses Julian, GR No. 160408, Even if the plaintiff was guilty of antecedent
January 11, 2016) – BERSAMIN CASE. negligence, the defendant is still liable because
he had the last clear chance of avoiding the
Judicial Foreclosure vs. Extrajudicial injury.
Foreclosure
Judicial Extrajudicial Registered-owner rule
Foreclosure Foreclosure The registered owner of the motor vehicle
Governing Rule involved in a vehicular accident could be held
Rule 68 of the ROC Act No. 3135, as liable for the consequences.
amended
Court Intervention A provision in the agreement to sell that the
There is a court No court intervention owner will be free from all liability arising from
intervention the use and operation of the vehicle sold to the
Right of Appeal buyer did not bind the third person who were
Appealable Not appealable, expected to simply rely on the data contained in
immediately executory the registration certificate of the erring bus.
Cutting Off of Rights (Metro Manila Transit Corporation vs. Cuevas,
Order of the court cut Foreclosure does not GR No. 167797, June 15, 2015) – BERSAMIN
offs all rights of the cut off the rights of all CASE.
parties impleaded parties involved
Right of Redemption XIII. TRUST
There is equity There is a right of
Resulting trust vs. Constructive Trust
redemption, except on redemption.
Resulting Trust Constructive Trust
banks which provides
for a right of Intention to Create Trust
redemption Presumed or implied It is created
Period of Redemption by law from the nature irrespective of or even
of the transaction contrary to the
Starts from the finality Starts from the date of
of the judgment until registration of the intention of the parties
order of confirmation certificate of sale to promote justice,
frustrate fraud and to
Necessity of a SPA
prevent unjust
Not required Required
enrichment
Prescriptive Period
10 year prescriptive 10 year prescriptive
XII. TORTS
period shall be period shall be
counted from the time counted from the time
Requisites of Res Ipsa Loquitur
repudiation is made that the constructive
1. the accident is of a kind which ordinarily
does not occur in the absence of someone’s known to beneficiary trust arises
negligence Examples
2. it is caused by an instrumentality within the Illustrated in Articles Illustrated in Articles
exclusive control of the defendant 1448, 1449, 1451, 1450, 1454, 1455, and
3. the possibility of contributing conduct which 1452, and 1453. 1456.
would make the plaintiff responsible is
eliminated.
caring for children; 3. Has the capacity to act and assume all rights
4. At least 16 years older than the adoptee, and responsibilities of parental authority under
except if the adopter is the biological parent of his national laws, and has undergone the
the adoptee, or is the spouse of the adoptee’s appropriate counseling from an accredited
parent (Sec. 7[a]) counselor in his/her country;
4. Has not been convicted of a crime involving
Alien moral turpitude;
1. Same as qualifications of Filipino citizens; 5. Is eligible to adopt under his/her national law;
2. His/her country has diplomatic relations with 6. Is in a position to provide the proper care and
the Philippines support and to give the necessary moral values
3. He/she has been living in the Philippines for at and example to all his children, including the
least 3 continuous years prior to filing of child to be adopted;
application and maintains such residence until 7. Agrees to uphold the basic rights of the child as
adoption decree is entered; embodied under Philippine laws, the UN
4. He/she has been certified by his/her Convention on the Rights of the Child, and to
diplomatic/consular office or any appropriate abide by the rules and regulations issued to
government agency that he/she has legal implement the provisions of this Act;
capacity to adopt in his/her country; 8. Comes from a country with whom the
5. His/her government allows the adoptee to enter Philippines has diplomatic relations and whose
the country as his/her adopted child. government maintains a similarly authorized
and accredited agency and that adoption is
allowed under his/her national laws; and
9. Possesses all the qualifications and none of the
disqualifications provided herein and in other
applicable Philippine laws (Sec. 9)
Who may be adopted?
1. Any person below 18 years of age who has Only a legally free child may be the subject of inter-
been administratively or judicially declared country adoption (Sec. 8)
available for adoption;
2. The legitimate son/daughter of one by the other
spouse;
3. An illegitimate son/daughter by a qualified
adopter to improve his/her status to that of
legitimacy;
4. A person of legal age if, prior to adoption, said
person has been consistently considered and
treated by the adopter/s as his/her own child
since minority;
5. A child whose adoption has been previously
rescinded; or
6. A child whose biological or adoptive parent/s
has died: provided that no proceedings shall be
initiated within 6 months from time of death of
said parents (Sec. 9)
Where to file application?
Family Court of the place where adopter resides Either with the RTC having jurisdiction over the
child, or within the ICAB, through an intermediate
agency, whether governmental or an authorized
and accredited agency, in the country of the
prospective adoptive parents (Sec. 10)
Maternal
Legitimate
line: ½,
ascendants
- - - divided - - - -
other than
equally
parents
(Note:
Rule on
Proximity
must be
observed.)
LP & ILC - ½ - ½ - - - -
LP & SS - - ½ ½ - - - -
LP, SS,
- ¼ ¼ ½ - - - -
ILC
ILC alone - 100% - - - - - -
ILC & SS - ½ ½ - - - - -
SS alone - - 100% - - - - -
SS & ILP - - ½ - ½ - - -
SS & B/S,
- - ½ - - ½ - -
N/N
ILP alone - - - - 100% - - -
B/S alone
(whether
all full- - - - - 100% - -
blood or all
half-blood)
Proportion
of 2:1
(half-
B/S (some
blood
full-blood
- - - - - shall - -
and some
receive ½
half-blood)
share of
the share
of full-
blood)*
100%, per
N/N alone - - - - - - -
capita
100%
(Note:
Other Rule on
- - - - - -- -
collaterals proximity
must be
observed)
State - - - - - - - 100%