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Civil Law Review Book Summary PDF
Civil Law Review Book Summary PDF
GENERAL PROVISIONS
CIVIL LAW - The mass precepts which determine and regulate the relations of assistance,
authority and obedience among the members of a family and those which exist among
members of society for the protection of private interest
Codal, statutory and written law Basically derived from case law
REPEAL OF LAWS
- Implied repeal is not favored. There must be an irreconcilable inconsistency and repugnancy
exists in the terms of the new and old law.
ORBITER DICTUM - Opinion expressed by a court upon some question of law which is not
necessary to the decision of the case before it. It is merely incidental.
LEX PROSPICIT NON RESPICIT / PROSPECTIVE APPLICATION OF NEW DOCTRINES: When doctrine of
SC is overruled, the new doctrine shall be applied prospectively and should not apply to parties
who had relied on the old doctrine.
- Customs are not subject of judicial notice. The law requires that they must be proved as a fact.
LEGAL PERIOD:
1. YEAR - 12 CALENDAR MONTHS
2. Month - 30 days unless it refers to a specific calendar month
3. Day - 24 hours
4. Night - Sunset to sunrise
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
CALENDAR MONTH - Month designated in the calendar WITHOUT REGARD TO THE NUMBER OF
DAYS IT MAY CONTAIN.
EX: Feb 1 - March 1
GR: Penal laws and those of public security and safety are obligatory upon all who live and
sojourn in PH territory.
EXCEPTIONS:
1. Treaty stipulations
2. Principles of public international law
3. Laws of preferential application
- Heads of state, Ambassadors, public ministers - Possess immunity from criminal jurisdiction
- Consul is not entitled to immunity
NATIONALITY PRINCIPLE - Laws relating to family rights, duties or to the status, condition and legal
capacity of persons are binding upon citizens of the PH although living abroad.
PS: CHECK DEAN ALBANO’S LECTURE. A FILIPINO IN FIXED MARRIAGE MAY VALIDLY INITIATE
DIVORCE ABROAD NOW
LEX REI SITAE - With respect to property, be it personal or real, it is subject to the LAW OF THE
COUNTRY WHERE IT IS SITUATED.
EXCEPTION:
- The national law of the person whose succession is under consideration with respect to the
following aspects of succession whether testate or intestate: (INTRINSIC)
1. Order of succession
2. Amount of successional rights
3. Intrinsic validity
4. Capacity to succeed
LEX LOCI CELEBRATIONIS - Forms and solemnities of a contracts, wills and other public instruments
shall be governed by the laws of the country in which they are executed. (EXTRINSIC)
LEX CONTACTUS OR LEX LOCI CONTRACTUS - it is applied if relating to nature, construction and
validity of contracts
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
EFFECT OF FOREIN LAWS UPON PROHIBITORY LAWS: Ph prohibitory laws concerning persons, their
acts or property and those which have for their object public order, policy and good customs
SHALL NOT BE RENDERED INEFFECTIVE by laws or judgments promulgated by foreign countries.
- A dutch national after divorcing his Filipino spouse FAILED TO SUPPORT their child for several
years. He was charged with VAWC.
- He pleaded that the law of Netherlands states that he is not obliged to support.
- SC: Such law cannot be applied in the PH because it is contrary to the sound and
established policy of the PH. Prohibitive laws concerning persons, their acts or property
and those which have for their object public order, public policy and good customs shall
not be rendered ineffective by laws of foreign country.
- Dutch national is still mandated to support his child.
PRINCIPLE OF DAMNUM ABSQUE INJURIA - The proper exercise of lawful right cannot constitute a
legal wrong for which an action will lie, although the act may result in damage to another, for
NO LEGAL RIGHT HAS BEEN INVADED.
- Law gives no remedy
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
ACTION IN REM VERSO - Action for the recovery of what has been paid or delivered without just
cause or legal ground.
- It is considered merely an auxiliary action available only when there is no other remedy on
contract, quasi contract, crime or quasi delict.
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
EXCEPTIONS:
- If second marriage has no marriage license - Bigamy is not committed
- In This case, The prior institution of civil action will constitute as a prejudicial question to
the criminal action of bigamy.
- The accused may still be charged with bigamy even if there is a subsequent declaration of the
nullity of the second marriage so long as the first marriage was still subsisting when the second
marriage was celebrated.
Fitness to be the subject of legal relations Power to do acts with legal effects
DEEP POCKET RULE - For quasi delict committed by persons below 21 but at least 18, the father or
the mother is liable for damages caused by said person living in their company
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
A person is considered born for all purposes if after COMPLETE DELIVERY from mother’s womb or
after cutting of the umbilical cord:
1. INTRA UTERINE LIFE OF AT LEAST 7 MONTHS - Alive even if only for few hours
2. INTRA UTERINE LIFE OF LESS THAN 7 MONTHS - Must live for at least 24 hours.
PROVISIONAL PERSONALITY OF CONCEIVED CHILD: It is limited for the purposes favorable to the
child.
- There is no need to establish the civil personality of the unborn child if his/her juridical capacity
and capacity to act are not the issue in the case and the case is not whether the unborn child
has acquired any rights incurred any obligations prior his death that were passed on to the
parents.
- Parent applied for bereavement benefits because his unborn child died. The employer
refused to pay because the child never died because it never acquired juridical
personality.
- SC: Parent was entitled to the said benefits. Life is not synonymous with civil
personality. One need not acquire civil personality first before she could die.
Constitution recognizes the life of the unborn from CONCEPTION
PRESUMPTIONS OF SURVIVORSHIP
Requisites: Requisites:
2. They are called to succeed each other 2. They perish in the same calamity
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
MARRIAGE
- Marriage, as an inviolable social institution, is the foundation of the family and shall be
protected by the state.
- Marriage is not a mere contract but also a social institution
- If a man and a woman deport themselves as husband and wife, they are presumed, in the
absence of counter presumption or evidence special to the case to be in fact married.
Irregularity in any of the formal requisites Does not affect the validity of the marriage but the
party may be responsible civilly, criminally and
administratively
- If any party is below 18, It is VOID even if with parents’ consent or solemnized abroad
- Age should be reckoned from the date of marriage and not from the filing of application for
issuance of marriage license
- If parties are suffering from legal impediments mentioned in articles 37 and 38, MARRIAGE IS
VOID even if solemnized outside the PH and valid there.
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
CONSENT
- If ABSENCE of consent - VOID
- EX: Mistake in the physical identity
- If DEFECTIVE only - Voidable
- If At least 18 but below 21 and no parental consent - Voidable
- Unsound mind - Voidable
- Vitiation of consent - Voidable
- Marriage license is valid only for a period of 120 days from the date of issuance and is deemed
automatically cancelled at the expiration of the period.
- Marriage celebrated after the expiry date - VOID.
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
- If Muslim and Non muslim - FAMILY CODE SHALL APPLY. - Not except from Marriage license.
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
- Person who notarizes the contracting parties’ affidavit CANNOT BE THE JUDGE who will
solemnize the marriage.
- Five year period shall be counted back from the date of celebration of marriage.
- There must be EXCLUSIVITY and CONTINUITY
- Falsification of affidavit of cohabitation renders marriage VOID AB INITIO for lack of marriage
license. Considered as if no marriage license.
SOLEMNIZING OFFICER
1. Members of Judiciary (MTC , CTA, RTC, SB, CA, SC)
REQUISITES:
1. Incumbent members
2. Solemnize within their territorial jurisdiction
- If solemnized outside its jurisdiction, it is a MERE IRREGULARITY and does not affect the validity of
the marriage.
- May be exercised not only while the ship is at sea or in flight but also during stop overs at ports
of call
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
6. Mayors
MARRIAGE CEREMONY
- No prescribed form required.
MINIMUM REQUIREMENTS:
1. Personal appearance before the solemnizing officer
2. Declaration in the presence of not less than two witnesses that they take each other as
husband and wife.
MARRIAGE CONTRACT
- Best documentary evidence of the marriage
- But marriage can be proven by other evidence.
- Testimony of a witness
- Couple’s public and open cohabitation
- Birth and baptismal cert
- Mention of such nuptial in other documents
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
REASON: To avoid the absurd situation where in the Filipino spouse remains married to the alien
spouse who is no longer married to the filipino spouse.
- Divorce decree may also be obtained if foreigner obtains a foreign judgment nullifying the
marriage on the ground of bigamy.
VOID MARRIAGES
CHARACTERISTICS
1. Inexistent from the very beginning hence void ab initio
2. Can be attacked collaterally
- For other purposes such as determination of heirship, legitimacy or illegitimacy,
settlement of estate, Dissolution of property etc, the court may pass upon the validity of the
marriage even in a suit NOT DIRECTLY INSTITUTED as long as it is essential to the determination of
the case.
- Any interested party may attack a void marriage directly or collaterally without
prescription which may be filed even beyond the lifetime of the parties in the marriage
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
- BUT: SC held that it has no jurisdiction to nullify marriages in a SPECIAL PROCEEDING FOR
CANCELLATION OR CORRECTION OF ENTRY UNDER RULE 108
- EXCEPTIONAL RULE: If Identity theft, Court allowed correction using Rule 108.
4. Imprescriptible
6. Has no legal effect except those expressly declared by law such as to property relations or
effect to children born to such void marriages.
Ninal vs Bayadog case: The children have personality to file the petition to declare the nullity of
marriage of their deceased father to their step mother as it affects their successional rights.
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
WELL FOUNDED BELIEF - Must be the result of proper and honest to goodness inquiries and efforts
to ascertain the whereabouts of the absent spouse.
- Strict standard is applied because of the state’s policy to protect and strengthen marriage.
- FC: Subsequent marriage remains valid notwithstanding the bad faith of the present spouse in
obtaining the judicial declaration so long as the second spouse is in good faith. Subsequent
marriage is only void if BOTH OF THE PARTIES acted in Bad faith.
- BUT IN SANTOS VS SANTOS: Subsequent marriage contracted in bad faith lacks
requirement of well founded belief that the spouse is already dead. Hence subsequent
marriage is void.
SANTOS VS SANTOS: The proper remedy available to the presumptively dead spouse is not the
filing of an affidavit of reappearance but an action to annul the judgment declaring him or her
presumptively dead.
- The choice of proper remedy is important for the purposes of determining the status of
the second marriage and the liabilities of the spouse who in bad faith claimed that the other
spouse was absent.
EFFECT OF REAPPEARANCE:
- If no steps were taken, it will not terminate the marriage.
- Reappearance does not always immediately cause the subsequent marriage’s termination.
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
7. Disqualification to inherit
- Spouse who contracted the marriage in Bad faith is disqualified to inherit from the
innocent spouse in testate or intestate
- If both acted in bad faith, Revoked by operation of law but may inherit as voluntary
heirs to wills executed after judicial declaration of nullity
5. MISTAKE IN IDENTITY
- Even if celebrated abroad, still void.
- Must be with reference to the ACTUAL PHYSICAL IDENTITY
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
7. PSYCHOLOGICAL INCAPACITY
- No less than a mental incapacity that causes a party to be truly in-cognitive of the
basic marital obligations. There must be inability to understand the obligations of marriage as
opposed to mere inability to comply with them
- No moral damages in Psychological incapacity
CHARACTERISTICS:
1. Gravity
2. Incurability
3. Juridical Antecedence
- Mere refusal to comply or mere irreconcilable differences and conflicting personalities - NOT PI
- Must be existing at the time of the marriage although overt manifestation may emerge only
after the marriage.
- It must not be mere physical incapacity
- Need for expert opinion not anymore required. Statement of the root cause does not need to
be in medical terms or be technical in nature.
- Psychological incapacity may exist in one party or in both of them
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
8. Incestuous marriages
1. Between ascendants and descendants of any degree whether legit/illegit
2. Brothers and sisters whether full or half blood or whether legit/illegit
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
NOT PROHIBITED:
1. Adopted child and ILLEGITIMATE CHILD
2. Marriages between former spouse - Because only SURVIVING SPOUSE is prohibited. Thus if
marriage was terminated by annulment - may validly marry
- Prior marriage itself is void but party did not Prior marriage is perfectly valid or at least
secure judicial declaration of nullity before voidable and the party thereto contracts another
contracting to a subsequent marriage. marriage prior to its termination.
Property relations:
GR: Art 147 / 148 applies.
ART 147 - Applies to unions of parties who are legally capacitated and not barred by any
legal impediment to contract marriage but whose marriage is nonetheless void (like
psychological incapacity or when celebrated without marriage license)
ART 148 - Incapacitated to marry each other such as bigamous marriage or less than 18
EXCEPTION: If void by reason of Article 40, The property relations of subsequent marriage is
Absolute community or conjugal property or what was stipulted.
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
EXCEPTION:
1. If void by reason of Article 40: Remains valid except when the donee spouse contracted in
bad faith in which case it is revoked by operation of law
2. Void under Article 44 (Both in bad faith) - Revoked by operation of law.
Designation as beneficiary
GR: Cannot change if irrevocable
EXC: By reason of article 40 and if bad faith, May be revoked even if irrevocable
Right to inherit:
A. Intestate succession - Cannot anymore
B. Testate: Remain valid
except:
1. By reason of Art 40 and there is bad faith (disqualified to inherit)
2. By reason of Art 44: Revoked by operation of law but may inherit as voluntary heirs to
wills executed after judicial declaration of nullity
VOIDABLE MARRIAGES
CHARACTERISTICS
1. Considered valid and produces all its civil effects until it is set aside by final judgment by action
of annulment
2. Can be ratified or confirmed generally by free cohabitation or prescription
EXCEPTIONS:
1. Impotency
2. Affliction of STD
- Children conceived in a voidable marriage are legitimate if conceived or born before the
finality of the judgment of annulment
- Property relations shall remain to be ABC/CPG as the case may be
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
2. Insanity
- Voidable whether or not the sane spouse was aware of the existence of such insanity at
the time of the celebration of the marriage.
- If the sane person had no knowledge of the insanity, the sane spouse has the
personality to file the action for annulment
- If with knowledge, Only the insane spouse may file during lucid interval or his
relative, guardian or person having legal charge of him
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
4. Reasonable grounded fear from the fact tat the person who employed it has the
necessary means to inflict the threatened injury.
5. Impotency
- Physical inability to perform the act of sexual intercourse.
- Not mere sterility or inability to procreate
- It must be permanent and incurable
- It must continue up to the time of the filing of the petition.
- It must be unknown to the injured party at the time of the marriage.
DOCTRINE OF TRIENNIAL COHABITATION - If the wife remains virgin after 3 YEARS of cohabitation,
the husband will be presumed impotent.
In insurance:
- The spouse may revoke the designation of the spouse in Bad faith even if it is irrevocable
In inheritance:
- Spouse who contracted the marriage in bad faith shall be disqualified to inherit to the
innocent spouse by testate or intestate.
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
PARENTAL CONSENT Free cohabitation with the other A. PERSON WHOSE CONSENT
after attaining the age of 21 IS REQUIRED - Prior to the
party attaining the age of 21
Insanity Free cohabitation by insane after Action must be filed during the
coming to reason lifetime of the parties.
Fraud Free cohabitation with the other Within 5 years from the
by the injured party after gaining discovery and only the victims
full knowledge of fraud may file
Impotency
NO RATIFICATION
Incurable STD
LEGAL SEPARATION
- Marriage is not severed
- Cause must exist only after the celebration of the marriage
GROUNDS:
1. Repeated physical violence against the petitioner, a common child or child of the petitioner
2. Grossly abusive conduct against the petitioner, a common child or child of the petitioner
3. Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
4. Attempt of the respondent to corrupt or induce the petitioner, a common child or child of the
petitioner to engage in prostitution, or in connivance in such corruption
5. Final judgment sentencing the respondent to imprisonment of MORE THAN 6 YEARS even if
pardoned.
6. Drug addiction, habitual alcoholism, lesbianism, homosexuality
7. Contracting of subsequent bigamous marriage whether in PH or abroad
8. Sexual infidelity or perversion
9. Attempt against the life of the petitioner
10. Abandonment of the petitioner without justifiable cause for MORE THAN ONE YEAR
DEFENSES IN LEGSEP
1. Condonation
2. Consent
3. Connivance
4. Collusion
5. Mutual guilt ore recrimination or when both parties gave ground for legal separation
6. Prescription (5 years from the occurrence of cause)
CONDONATION CONSENT
Given after the offense is committed Given in advance or prior to the commission of
the act
CONNIVANCE COLLUSION
Agreement, express or implied, by both Agreement between the parties for one of them to
spouses to the ground commit or to appear to commit or to be
represented in court as having committed a
matrimonial offense or to suppress evidence for
the purpose of enabling the other to obtain legal
separation
- Collusion may not be inferred from the mere fact that the guilty party confess to the offense.
What is prohibited is judgment based exclusively on confession
COOLING OFF PERIOD - The case shall not be tried within 6 months from the filing of the petition
EXCEPTION: If ground constituted violence as defined in VAWC
- Cooling off period odes not prevent the court from hearing preliminary injunction
EFFECTS OF LEGSEP:
1. Right to live separately from each other but there is no severance of marriage
2. Dissolution of the ACP/CPG (complete separation after). The share of the offending spouse in
the NET PROFITS shall be forfeited in favor of Common Children/Children of offending/
Innocent spouse.
3. Right to inherit:
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
- INTESTATE: Disqualified to inherit from the innocent spouse. But innocent may inherit
- TESTATE: In favor of Offending spouse: Revoked by operation of law but Offending
spouse may inherit from testamentary dispositions made after the decree of legal separation
6. Innocent spouse may revoke the designation of the guilty spouse as beneficiary even if
irrevocable
7. Custody of children: Designated by the court unless Tender age doctrine applies
DECREE OF RECONCILIATION - upon joint manifestation of the spouses under oath that they have
reconciled.
- Set asides Legsep
EFFECTS:
1. The separation of property and any forfeiture of the share of the guilty spouse already
effected shall subsist UNLESS they agreed to revive the FORMER REGIME ( not automatic. They
must execute an agreement to revive under oath and submit it to the court for its approval)
- If the other spouse objects to the exercise of any profession or activity and the court finds it
proper, The liability shall be borne by:
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
- 1. If benefit accrued to the family prior to the objection - The resulting obligation is chargeable
to ACP or CPG
- 2. If accrued to the family after objection - Enforced against the separate property of the
spouse.
- 3. If no benefit - separate property
PROPERTY RELATIONS
MARRIAGE SETTLEMENT
- To be enforceable against third persons, it must be registered in local civil reg.
- If party is at least 18-21, The person whose consent is necessary must be a party to the
marriage settlement or else void
- If suffering from civil interdiction, Guardian appointed must be a party or else void
NON CELEBRATION OF MARRIAGE: Void. Donation propter nuptias in the marriage settlement
shall also be void.
EXCEPT: Stipulations that do not depend upon the celebration of marriage: Paternity
- If no liquidation is made either judicially or extrajudicially within 1 year from the death of the
deceased spouse - MANDATORY REGIME OF COMPLETE SEPARATION OF PROPERTY shall govern
if subsequent marriage was contracted.
- PH laws shall govern property relations of Filipinos regardless of their residence
- For property located outside PH - Law of the country where it is situated.
- If PERSONAL PROPERTY and value exceeds 5k - Donation and acceptance shall be in writing
- REAL PROP: donation and acceptance shall be in public instrument or else void.
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
- Can only commence at the precise moment that the marriage is celebrated.
- Any stipulation to the contrary is void.
- No waiver of Rights, Interest, Share or effects of absolute community during marriage except
upon judicial separation of property
PROPERTIES INCLUDED: All properties owned by the spouses at the time of the celebration of the
marriage or acquired during the marriage UNLESS EXCLUDED in marriage settlement or Art 92 FC
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
- If the debtor spouse does not have property or his or her exclusive property is not
sufficient, The absolute community is required to ADVANCE THE PAYMENT to be deducted from
his or her share upon liquidation
2. ANTENUPTIAL DEBTS - Contracted before the marriage shall be chargeable to the absolute
community only if they have REDOUNDED TO THE BENEFITS of the family.
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CIVIL LAW REVIEWER
2. Abandons without just cause or fails to comply with the obligations to the family - Petition to
the court
3. Designated by the court during the pendency of legal separation
- Power to administer does not include the powers of disposition and encumbrance without the
authority of the court or the written consent of the spouse.
PRESUMPTION OF ABANDONMENT:
1. A spouse is deemed to have abandoned the other when he or she left the conjugal dwelling
without any intention of returning
2. A spouse who has left the conjugal dwelling for a period of 3 months or has failed within the
same period to give any information as to his whereabouts shall be prima facie presumed to
have NO INTENTION OF RETURNING
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
PROPERTIES EXCLUDED:
1. Properties acquired prior to the marriage
EXCEPT:
1. Fruits and income of said properties
2. Those included in marriage settlement
PROPERTIES INCLUDED:
1. Acquired by onerous title during the marriage at the expense of the common fund
PRESUMPTION OF CONJUGALITY: All property acquired during the marriage whether the
acquisition appears to have been made, contracted or registered in the name of one spouse is
presumed conjugal UNLESS CONTRARY IS PROVED.
- Registration alone does not destroy
- Presumption refers only to the property acquired during the marriage and does not
operate when there is no showing that it was acquired during the marriage.
- Presumption will not apply to private lands involving an alien
EXCEPTION: When acquired through the exercise of right of redemption
2. Property obtained during the marriage from the labor, industry, work or profession of either or
both spouses.
3. Fruits from conjugal properties and net fruits from the separate properties.
- Principal and interest payable in installments: If credit is payable within a period of time
and belongs to one of the spouses:
A. Sums representing installments on the principal - EXCLUSIVE
B. INTEREST - Conjugal
4. Share in the hidden treasure
5. Those acquired through chance and gambling except losses.
6. Livestock existing in excess of the number of each kind brought to the marriage by either
spouse
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
OBLIGATIONS CHARGEABLE TO CP
1. Support of Spouses, common children, legitimate children of either spouse.
- ILLEG - Exclusive
2. Antenuptial debts - Chargeable to CP if redounded to the benefit of family
3. Debts contracted during the marriage: Chargeable if:
1. Contracted by both spouses
2. Contracted by one spouse with consent of the other
3. Without consent but redounded to the benefit of the family
4. Contracted by the administrator spouse for the benefit of the community
4. Personal debts contracted without the consent:
1. If benefited family - Chargeable
2. If not - Exclusive
SEPARATION OF PROPERTY:
- Separation may refer to present or future property or both
- May be total or partial
If partial: Those not separate are ACP
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
Transfer of administration:
- Must be by means of public instrument and recorded in registrar
EXAMPLES:
1. Declared void by Psychological incapacity
2. Celebrated without Marriage license
DISTRIBUTION OF PROPERTIES:
WAGES AND SALARIES: If earned during the cohabitation shall be owned in equal shares
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
PROPERTY ACQUIRED DURING COHABITATION THROUGH WORK AND INDUSTRY: Equal co-
ownership and are prima facie presumed to have obtained through their joint efforts.
- Fruits of the couple’s separate property are not included in the co-ownership
- During the cohabitation, Parties are prohibited from disposing inter vivos or encumbering their
respective shares in the co-owned property without the consent of the other.
- The validity of an encumbrance of the entire property made by one of the parties without the
other’s consent was UPHELD by SC with respect only to the share of the consenting co-owner.
- In this case, the encumbrance was made after the termination of the cohabitation
If one of the parties acted in bad faith, The share of the latter in the co-ownership shall be
forfeited in favor of:
1. Common children
2. Surviving descendants of the party in bad faith
3. Innocent party
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
THE FAMILY
HOW CONSTITUTED:
1. If constructed before FC: Filing of verified petition
2. If constructed after FC: DEEMED CONSTITUTED from the time it is occupied as a family
residence.
- Exempted from execution from the time it was constituted and lasts as long as any of its
beneficiaries actually resides therein.
- It must belong to ACP/CPG or exclusively by one spouse provided that it must have the
consent of the other spouse.
- To be exempted, the value must not exceed certain amount as stated under the law
- If already existing upon effectivity of FC and was not constituted as Family home, IT WILL BE
CONSIDERED AS FAMILY HOMES BY OPERATION OF LAW and are prospectively entitled to the
benefits accorded to a family home.
- Occupancy of the family home must be ACTUAL by either the owner or by any of its
beneficiaries
- May include in laws. But excludes maids and overseers.
BENEFICIARIES:
1. Husband and wife or an unmarried person who is the head of the family
2. Parents, Ascendants, descendants, brothers and sisters whether legitimate or illegitimate who
are living in the family home and WHO DEPEND UPON THE HEAD OF THE FAMILY FOR LEGAL
SUPPORT.
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© Edward Vange Arriba RABUYA REVIEWER
CIVIL LAW REVIEWER
PATRICIO VS DARIO: Grandson cannot demand support from his paternal grandmother because
the liability for his legal support falls primarily on his PARENTS. Thus, A GRANDSON is not a minor
beneficiary of his Grandmother if his father is alive.
BENEFITS OF FH:
1. Exempt from execution, forced sale or attachment
1. At the time of its constitution, the actual value shall not exceed the amount of 300k in
urban and 200k in rural
EXCEPTIONS:
1. Non payment of taxes
2. Debts incurred prior to the constitution of FH
3. Debts secured by mortgages on the premises before or after such constitution
4. Debts due to the laborer’s, mechanics, architects, builders, materialmen and others who have
rendered service for the construction of the building
- Exemption should be set up and proved to the sheriff by the debtor BEFORE THE SALE OF THE
PROPERTY AT THE PUBLIC AUCTION.
- Failure - waiver
PATERNITY FILIATION
Civil status of a father in relation to the child Civil status of a child in relation to his or her
parents
KINDS OF FILIATION:
1. Natural which includes artificial insemination
2. Adoption
Status of children:
1. Legitimate: Conceived or born during a valid marriage
2. Illegitimate: Conceived AND born outside of a valid marriage
EXCEPTIONS:
1. Children of void marriage under Psychological Incapacity and failure to comply with
registration are LEGITIMATE.
- Legitimated - As if legitimate
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Conceived of artificial insemination: Whether the sperm is that of the husband or that a donor,
the child is legitimate if:
1. Both husband and wife authorized or ratified such insemination in a written instrument
2. Such instrument is executed and signed before the child is born.
Surrogate mother: Law does not recognize validity - As of now contrary to law, morals and public
policy
PRESUMPTION OF LEGITIMACY: Applies if child’s parents were legally married and that his or her
conception or birth occurred during the subsistence of that marriage.
Husband and wife were separated in fact. During the separation de facto, Wife had an illicit
relationship with another man. Wife gave birth. Paramour died. Wife on behalf of the child filed
an action for compulsory recognition of the child by the paramour.
SC: The child is presumed to be legitimate for being conceived and born during the
couple’s valid marriage.
- A child cannot successfully maintain an action to claim illegitimate filiation against the
mother’s alleged paramour - TANTAMOUNT TO COLLATERAL ATTACK
- Legitimacy of the child can only be impugned upon the direct action brought for that
purpose.
- If the presumption of legitimacy is overthrown, the child cannot elect paternity of the husband
who successfully defeated the presumption.
- The child may now maintain an action to claim illegitimate filiation against his putative
father.
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PRESCRIPTIVE PERIOD:
1 YEAR - From the knowledge of birth or recording of such birth in the civil register if husband or
any of the heirs RESIDES IN THE CITY OR MUNICIPALITY WHERE THE BIRTH TOOK PLACE OR
RECORDED
2 YEARS - From the knowledge of birth or recording of such birth in the civil register if husband or
any of the heirs DO NOT RESIDE IN THE CITY OR MUNICIPALITY WHERE THE BIRTH TOOK PLACE OR
RECORDED But all are not residing outside the PH
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3. Child is born within 300 days after the termination of previous marriage
- Law does not fix the child’s status. Child’s status shall be proved by whoever alleges the same.
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- Baptismal certificate is evidence only to prove the happening of the sacrament. It cannot
alone prove filiation
Continuous - uninterrupted or consistent but does not require particular length of time
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PRESCRIPTIVE PERIOD
GR: Action may be filed during the lifetime of A. If claim is based on Admission of paternity or
the child. filiation in the birth certificate or written
instrument
EXC: When action is transmissible to the heirs, GR: Action may be filed during the lifetime of the
it must be filed WITHIN 5 YEARS from death of child and even after the death of the putative
child father.
2. Illegitimate:
1. Right to use the surname of mother
UNLESS: Filiation has been expressly recognized through record of birth appearing
in birth certificate or when admission of paternity is made by the father in public document or
private handwritten instrument (MAY use the surname of his father. Illegitimate child’s option)
2. Parental authority of the mother but father may be entitled to visitation rights
3. Support
4. Successional rights - legitime is 1/2 of the legitime of the legitimate child
LEGITIMATION - Process provided under our law where the status of the child conceived and
born out of wedlock is improved by operation of law from the illegitimacy to that of legitimately
BY MERE SUBSEQUENT MARRIAGE OF PARENTS.
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EFFECTS:
1. Child becomes legitimate without need of any additional act on the part of the parents.
2. Retroacts to the time of the child’s birth. If child dies prior to the marriage of parents,
subsequent marriage shall benefit his descendants
- Only those prejudiced in their successional rights may impugn the results of the legitimation.
- Prescriptive period: 5 years from the time of death of either parent
- GROUND: Compliance of requisites of legitimation
ADOPTION
2. ANY ALIEN
1. Same qualification as filipino
2. Diplomatic relations of his country
3. Certified that his government allowed the adoptee to enter his country as his adopted
child
4. Living in PH for at least 2 continuous years prior to the application and maintains such
residence until adoption decree is entered
- Temporary absences for professional business or emergency reasons NOT EXCEEDING 60
DAYS IN 1 YEAR shall not break the continuity
5. Legal capacity to adopt certified by their consular office
3. ANY GUARDIAN:
1. After termination of the guardianship with respect to his ward
2. Clearance of his or her financial accountabilities
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3. One who is married to a filipino cit and seeks to adopt jointly a relative within 4th civil degree
of C/A of the filipino spouse.
INTERCOUNTRY ADOPTION:
- Adoption of legally free FILIPINO CHILD in a foreign country
WHERE TO FILE:
1. INTERCOUNTRY ADOPTION BOARD (ICAB)
2. In case of foreign nationals who file petition for adoption in PH - In RTC and shall be
transmitted to the ICAB
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QUALIFICATIONS:
1. Jointly file if married.
2. At least 27 years old and at least 16 years older than the child at the time of the application
UNLES:
1. Natural parent
2. Spouse of such parent by nature
3. Capacity to act and assume all rights under his national law
4. Not convicted of a crime involving moral turpitude
5. Eligible to adopt under his national laws
6. Agrees to uphold rights under UN Convention and PH laws
7. Country with diplomatic relations with PH
8. Position to provide for care and support
9. None of the Disqualification
GROUNDS:
1. Repeated physical violence and verbal maltreatment by the adopter despite counseling
2. Attempt of the life of the adoptee
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Prescriptive period:
- If incapacitated - Within 5 years after the adopted reaches age of majority
- If incompetent - Within 5 years after recovery from incompetency
SUPPORT
- Provided by law comprising everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation
2. Separate:
1. Illegitimate
2. Legitimate ascendants
3. Descendants, whether legitimate or illegitimate
4. Brothers and sisters whether leg/illeg
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ORDER OF LIABILITY FOR SUPPORT (WHEN TWO OR MORE PERSONS ARE OBLIGED TO GIVE SUPPORT)
1. Spouses
2. Descendants in the nearest degree
3. Ascendants in the nearest degree
4. Brothers and sisters
MANNER OF PAYMENT:
1. By paying the allowance fixed
2. By receiving or maintaining in the family dwelling the person who has a right to receive
support.
- Not available when the spouse is entitled to separate maintenance or is justified to live
separately.
- If dangerous to the life of other spouse, Illicit relationships, strained relationship
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PARENTAL AUTHORITY - Mass of rights and obligations which parents have in relation to the
person and property of their children until the latter reaches the age of majority
PARENTAL PREFERENCE RULE - Parents are placed first in rank in matters of parental authority.
- In case of death, absence or unsuitability of either parent, the parent present or suitable
shall continue to exercise parental authority
- Remarriage of the surviving spouse shall not affect the parental authority unless court appoints
another person
RULE ON JOINT EXERCISE OF PARENTAL AUTHORITY - Father and mother shall jointly exercise. In
case of disagreement, father’s decision shall prevail
TENDER AGE DOCTRINE - No child under seven years of age shall be separated from the mother
unless the court finds compelling reasons to order otherwise.
- Mandatory. Any agreement to contrary is void
- If over seven, Agreement providing joint custody is valid. Parents may agree
COMPELLING REASONS:
Neglect, abandonment, Unemployment and immorality, habitual drunkenness, drug addiction,
maltreatment, insanity
- But mere fact that the mother is lesbian is not a compelling reason
- Not even the fact that the mother is prostate or unfaithful to husband - NOT COMPELLING
REASON
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- It must clearly establish that moral lapses have had an adverse effect on the welfare of the
child
- THESE RULES APPLY IF THE CHILD IS NOT ILLEGITIMATE. If illegitimate - MOTHER ONLY
SUBSTITUTE PARENTAL AUTHORITY - Person designated by law may exercise over the persons and
property of unemancipated children in case of:
1. DEATH
2. ABSENCE
3. UNSUITABILITY
of both parents or in default of a judicially appointed guardian.
- Corporal punishment upon the child in foster case is a ground for revocation of the foster
family care license
SPECIAL PARENTAL AUTHORITY - Limited only if under their supervision, instruction or custody.
- May co exist with parental authority
SCOPE: All authorized activities, whether inside or outside the premises of the school
PRIMARILY LIABLE if unemancipated minor causes damage to another while under special
parental authority
DEFENSE: If it is proved that they exercised the proper diligence required under the particular
circumstance
- Obligation of parents to provide support is not coterminous with the exercise of parental
authority
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- Parents and guardians are liable for the civil liability for the crime committed by a child below
18 with or without discernment.
- Parents as legal guardians do not have the power to dispose or encumber the property of
their children. Such power is granted by law only to a judicial guardian with court’s prior
approval
EFFECTS OF EMANCIPATION:
1. Termination of parental authority
2. Child becomes qualified and responsible for all acts of civil life
EXCEPTIONS:
1. Marriage below 21 - Parental consent
2. Entering marriage settlement if below 21
3. Below 25 - Parental advice
4. Deep pocket rule
FUNERALS
WHO HAS THE DUTY TO MAKE FUNERAL ARRANGEMENTS:
1. Spouse
2. Descendants of nearest degree
3. Ascendants in the nearest degree
4. Brothers and sisters
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In case of concurrence:
- In descendants - oldest shall be preferred
- In Bro-sis - Oldest shall be preferred
- In ascendant - Paternal side shall be preferred.
- Law confines the right to make funeral arrangements to the members of the family
- Common law wife does not have the right
- Wishes are subject to the right and duty to make proper arrangements. Wish cannot prevail
over the right and duty of loved one to arrange
- There can be no retention, interment, disposition or exhumation of human remains without the
consent of those who have the right to such arrangement
USE OF SURNAME
- The given name may be freely selected by the parents but Surname is fixed by the law.
- There is no law regulating the use of middle name. FC recognizes the filipino custom of adding
the surname of the child’s mother as hid middle name.
- No dropping of middle name if no reasonable justification
- Illegitimate chid was allowed to change the surname of his father who failed to recognize him.
IN CASE OF LEGAL SEPARATION: The wife SHALL continue using her name and surname
employed before the legal separation.
IN CASE OF ANNULMENT
1. If the wife is guilty party, She SHALL resume her maiden name
2. If innocent, She MAY resume her maiden name and surname
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- Upon termination of the marriage either by death or divorce or annulment, the woman is not
required to seek judicial confirmation of civil status
ABSENCE
- Special legal status of one who is not in his domicile, his whereabouts being unknown and it is
uncertain whether he is alive or dead.
2. Declared absence
1. Absence should have disappeared from his domicile
2. Whereabouts are not known
3. Absent without any news for:
1. 2 years if nobody was left to administer
2. 5 years if somebody is left to administer
3. Presumptive death
- No need for judicial declaration of absence if there are no properties
- Only for the purpose of remarriage
PRESUMPTION OF DEATH:
1. Presumed dead under ordinary circumstances:
1. For purposes of remarriage - 4 consecutive years or 2 years if presence of
circumstances
2. For purposes of opening his succession:
1. 10 years
2. 5 years - If disappeared after 75 years
3. For all other purposes - Absence of 7 years
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PROPERTY
Requisites of Property
1. Utility – capacity to satisfy some human wants.
2. Substantivity or individuality – quality of having existence apart from any other thing
3. Appropriability – susceptibility of being possessed by men
REAL PROPERTY:
1. Lands, buildings, roads and constructions of all kinds adhered to the soil.
2. Trees, plants and growing fruits while attached to the land or forming an integral part of an
immovable.
3. Everything attached to an immovable in a fixed manner, in such a way that it cannot be
separated therefrom without breaking the material or deterioration of the object.
4. Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or
lands BY THE OWNER of the immovable in such manner that it reveals the intention to attach
them permanently to the tenements.
5. Machinery, receptacles, instruments or implements intended by the owner of the tenement
for an industry or works which may be carried on in a building or on a piece of land and which
tend directly to meet the needs of the said industry or works.
6. Animal houses, pigeon houses, beehives, fishponds or breeding places in case their owner has
placed them or preserves them with the intention to have them permanently attached to the
land and forming permanent part of it and the animals in these places are included
7. Fertilizer actually used
8. Mines, quarries and slug dumps while the matter thereof forms part of the bed and waters
9. Docks and structures
10.Contracts of public works and servitors and other real rights over immovable property.
Kinds of immovable:
1. Immovable by nature
2. Immovable by incorporation - by reason of attachment
3. Immovable by destination - Essentially movable but by the purpose for which they have been
placed in an immovable partake of the nature of the latter because of added utility
4. Immovable by analogy
BUILDINGS
- If merely superimposed- MOVABLE
- It is distinct from the land. It may be separately mortgaged
- It is immovable by incorporation
- Once demolished, it ceases to be an immovable.
- Immovable irrespective of the owner of land and building itself.
- Principle of estoppel - Building may be treated as movable by parties. Parties are barred from
questioning the validity of the agreement.
- Such is not applied to strangers to the said contract.
- Register of deeds may not refuse to the registration of chattel mortgage. It is purely
ministerial in nature
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TREES, PLANTS
- By reason of incorporation
- If trees are cut or uprooted they become movable
- EXCEPT When the timber constitutes the natural product of the tenement
STATUES, ORNAMENTS
REQUISITES
1. It is an object of ornamentation or object of use
2. The property is placed on a building or land
3. Placed by the owner of the immovable
4. There is an intention of permanent annexation or attachment, even if adherence will not
involve breakage or injury
Validity of authority to detach at any time after the grantor’s death any organ, part or parts of his
body and to utilize the same for medical, surgical or scientific purposes
1. It must be in writing
2. It must specify the person or institution granted the authorization, the organ, part or parts
to be detached, the use or uses of the organ, part or parts to be employed
3. It must be signed by the grantor and two disinterested witnesses
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Animal houses, pigeon houses, beehives, fish ponds or breeding places of similar nature
1. Placed by the owner, or by a tenant as agent of the owner, with the intention of
permanent attachment
2. Forms a permanent part of the immovable
IMMOVABLE BY ANALOGY
- Real rights - Depend on its subject matter. If the subject matter of the real right is a real
property then such real right is a real property.
MOVABLE PROPERTY
- All things susceptible of appropriation which can be transported from place to place without
impairment of the real property to which they are fixed and are not included in the
enumeration in Article 415.
- Business is classified as personal property
- Forces of nature which are brought under control by science such as gas and electricity are
movable properties.
Cannot be used in a manner appropriate to its Can be used without being consumed.
nature without itself being consumed
May be replaced by another of the same kind Cannot be replaced by another of the same kind
Money
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PUBLIC DOMINION
- A special collective ownership for the general use and enjoyment
- Public ownership
- The latter cannot be object of commerce unless they are properly converted into patrimonial
properties
- Any sale, disposition, encumbrance is void being contrary to public policy.
- They cannot be leased or be the subject matter of contracts.
- Held by the state by regalian right
REGALIAN DOCTRINE (JURE REGALIA) - All lands of the public domain, waters, minerals, coal
petroleum and other mineral oils, all forces of potential energy, fisheries, forest or timber, wildlife,
flora and fauna and other natural resources are owned by the state
- Totally outside the commerce of man but the constitution allows the state to enter into
coproduction, joint venture or production sharing agreements with private individuals
- Military reservation for public use shall remain as public domain lands until they are actually
disposed of in favor of private person. Sale of such land is VOID.
- It may not be subject of a contract or of a compromise agreement
- To be subject to sale, lands of the public domain shall be first withdrawn by act of
congress or president from the public use for which it has been reserved or otherwise
declared as patrimonial property.
- It is not converted into patrimonial or private property by mere possession and
occupation by an individual
- Bureau of public works turned over to NHA a completed water works system. NHS in turn
turned over the same to GEMASCO.
- Still public domain. FOR PUBLIC USE.
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- Reclaimed lands are properties of public dominion. The fact that alienable lands of the public
domain were transferred to the public estates authority and issued land patents or certificates
in PEA’s name did not automatically make such lands private.
- THERE MUST BE AN ACT OF CONGRESS OR PRESIDENT withdrawing such for public use.
PUBLIC DOMAIN FOR PUBLIC SERVICE AND FOR DEVELOPMENT OF NATIONAL WEALTH
Roppongi property which under the reparations agreement was specifically designated to
house the philippine embassy is for public service
- Whether or not land of public dominion is alienable and disposable land primarily rests on the
classification of public lands made under constitution.
- Only agricultural lands of the public domain may be alienated.
HEIRS OF MALABANAN
- Lands of public domain whether declared alienable and disposable are property of public
dominion and thus insusceptible to acquisition by prescription.
- Although classified as alienable and disposable, it remains property of the public dominion if
when it is intended for some public service of development of national wealth.
- THERE MUST BE AN EXPRESS DECLARATION BY THE STATE that the public dominion is no longer
intended for public service or development of the national wealth.
- It is only until this time that the period of acquisitive prescription can begin to run.
- BCDA law expressly makes the reservation that the lands or to be sold in order to raise funds
for the conversion of former American bases at clark and subic. Such purpose CAN BE TIED TO
EITHER PUBLIC SERVICE OR DEVELOPMENT OF NATIONAL WEALTH.
- Thus such land remains PUBLIC DOMINION
- Lands that are not clearly under private ownership are also presumed to belong to the state
- Agricultural lands of the public domain are rendered alienable and disposable through any of
the exclusive modes enumerated under section 11 of the Public Land act.
PATRIMONIAL PROPERTY OF THE STATE - All other property of the state which is not of the
character stated in Article 420
- PRIVATE PROPERTY OF THE GOVERNMENT
- Friar lands are patrimonial
- Those declared no longer intended for public use are also patrimonial
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OWNERSHIP
- Independent right of exclusive enjoyment and control of the thing for the purpose of deriving
therefrom all advantages required by the reasonable needs of the owner and promotion of
general welfare but subject to restriction of law
Attributes of ownership
1. Jus possidendi – right to possess
2. Jus utendi – right to use
3. Jus fruendi – right to enjoy the fruits
4. Jus accessiones – right to accessories
5. Jus abutendi – right to abuse
6. Jus disponendi – right to destroy, alienate, transform, encumber, and right not to dispose
7. Jus vindicandi
Ordinary civil proceeding to Filed after the expiration of one Action for the recovery of
determine the better right go year from the unlawful possession of the real property
possession of realty withholding of possession. as an element of ownership
independently of title
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- No proprietor shall make excavations upon his land as to deprive any adjacent land or
building of sufficient lateral or subjacent support
- Rights over lands are indivisible and requires a definitive and categorical classification.
- A land cannot be classified as half agricultural and half mineral
- There is no legal basis to separate the value of the excavated soil from the excavated
properties. The soil has no value separate from the expropriated land and just compensation
ordinarily refers to the value of the land to compensate for what owner actually loses.
- When a landowner cannot dig upon his property motorized deep wells and was prevented
from doing so by the authorities because of the construction and existence of tunnels
underneath the surface of his property constructed by NAPOCOR without his knowledge, the
latter is entitled to recover full compensation
- For airspace - he has exclusive control of the immediate reaches of the enveloping
atmosphere.
- Repeated flights at low levels directly over private land may amount to a taking for
which just compensation must be paid.
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- In case of natural resources such as Gold mines, diamond mines, oil deposits, the regalian
doctrine applies.
- The regalian doctrine reserves to the state all natural wealth that may be found in the
bowels of the earth even if the land where the discovery is made be private
ACCESSION - Right of the owner of a thing to become the owner of everything that is produced
thereby or which may be inseparably attached or incorporated thereto, either naturally or
artificially
KINDS:
1. Accession Discreta - Right of the owner of a property to whatever is produced thereby or to
the fruits of the same
2. Accession Continua - Takes place when the property of another is incorporated to ours or the
right to acquire whatever is attached or incorporated naturally or artificially to things
ACCESSION DISCRETA
- To the owner of the thing belongs natural, civil and industrial fruits
EXCEPTIONS:
1. Usufruct - Usufructuary is entitled and not the owner
2. Lease of rural land
3. Antichresis - creditor acquires the right to receive the fruits of an immovable
4. Possessor in good faith is entitled to the fruits received by him before the possession is legally
interrupted.
5. Fruits naturally falling upon adjacent land belong to the owner of the said land
NATURAL FRUITS:
1. Spontaneous products of the soil without intervention of human labor.
2. Young and other products of animals
- If the young or offspring is a product of different owners, the young belongs to the owner of
the female parent in the absence of any agreement.
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ACCESSION CONTINUA
- May refer to immovable or movable
- The union or attachment or the incorporation of two or more things belonging to different
owners to each other or to one another must be such that they cannot be separated from
each other without causing SUBSTANTIAL damage to anyone.
- If it may be separated without damage, there is no accession
- Accessory follows the principal
- GF exonerates a person from liability
- BF of both neutralizes it - as if GF
LO shall have the right to acquire building after 1. OM has the right to remove materials if without
paying indemnity for the value of the materials injury to work
The right to acquire the materials after paying 1. Right to remove IN ANY EVENT (Even with
the value of materials and indemnity for injury)
Acquire the materials without paying indemnity Lose the materials without right to be indemnified
NEUTRALIZED. AS IF BOTH IN GF
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MEANING OF GOOD FAITH - If he made use of the materials belong to OM thinking that the
materials were his. He discovered that the materials were not his after he made use of them.
1. Sell the land BPS has right to retain until indemnity is paid and
2. Collect rent from BPS unless the value of the cannot be required to pay rent
LO must identify BPS for the improvements 1. Preferred right to remove the improvement IN
and pay damages ANY EVENT
NEUTRALIZED. AS IF BOTH IN GF
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Concept of Builder in good faith - He believes that he is the owner of the land or that by some
title he has the right to build thereon.
- It does not apply to a merely holder such as Tenant, Agent or usufructuary.
- It is essential that a person asserts title to the land on which he builds.
BUT IN ROSALES CASE: Lot 16 was purchased but geodetic engineer pointed Lot 17. Builder in GF
because they were not aware of the error committed by Geodetic engineer.
DEPED Vs Casibang - The court considered the DEPED builder in GF despite being a mere
possessor by tolerance because the landowner permitted the construction of the building and
improvements to conduct classes in his property.
- Art 448 does not apply in Sale with right of redemption or when BSP loses ownership by
donation.
- The introduction of valuable improvements on the leased premises does not give the lessee
the right of retention and reimbursement.
- Lessor has the option upon the termination of the lease contract to either:
1. Appropriate the useful improvements by paying 1/2 of their value at the time
2. Allow the lessee to remove the improvements.
- Should the lessor refuse to reimburse the said amount, the lessee may remove the
improvements even though the principal thing may suffer damage.
- IT IS THE ONLY INSTANCE WHERE THE LAW ALLOWS THE EXERCISE OF RIGHT OF REMOTION
EVEN IF REMOVAL WILL CAUSE INJURY TO THE PRINCIPAL THING
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IN CASE OF USUFRUCT:
- Usufructuary is not entitled to be indemnified for the value of the improvements or ornaments
but he may remove the same provided that no damage.
- But he may choose to set off the amount for the damages he incurred to the property
- GF ceases or is legally interrupted from the moment defects in the title are made known to the
possessor. From this time, The payment of reasonable rent should commence.# 3 BPS on the
land of another with materials belonging to third person
Acquire the improvements 1. Right of retention until 1. Collect the value of materials
after the payment of indemnity payment of indemnity for primarily to BPS and
to BPS and be subsidiarily necessary and useful subsidiarily to LO if BPS is
liable to OM for materials expenses
insolvent
Option to: 1. Recover necessary expenses 1. Recover the value from BPS
ALL AS IF GF
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- Option to sell the land is available only against builder and planter. If sower, the land owner
can only compel him to pay proper rent.
ACCRETION ALLUVION
Process whereby the soil is deposited Soil deposited on the estate fronting the river
bank
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- The alluvium is automatically owned by the riparian owner from the moment the soil deposit
can be seen. But the owner of the adjoining property MUST REGISTER the same under torrens
title otherwise it may be subject to acquisition through prescription by third persons.
- Drying up of river is not accretion. It belongs to the state as public dominion
- Manila Bay - foreshore. Part of public domain
- Accretions deposited gradually upon land contiguous to CREEKS, STREAMS, RIVERS AND LAKES
belong to owners of the land -SPANISH LAW ON WATERS (Same rules as applied in accretion)
- Presumption that the change was gradual and caused by accretion and erosion.
- In avulsion, the owner of the land RETAINS OWNERSHIP but he is required to remove the same
within 2 years.
- the must PHYSICALLY REMOVE. Mere claim is not enough
- Trees uprooted - Mere claim within 6 months is enough to retain ownership
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CIVIL LAW REVIEWER
2. Right to retain is subject to the superior right 2. Demand removal even if there is injury
- AS IF BOTH GF
- In case of painting or writing, the owner of the accessory is limited only to the first option of
demanding payment for the value of the accessory.
TESTS:
1. Rule on intention - Principal is the one to which a thing is attached.
2. Greater value
3. Greater volume
4. Greater merits
Commixtion - Solids
Confusion - Liquid
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1. Co-ownership if:
1. By change or Fortuitous event
2. Will of both owners
3. Will of only one acting in GF
If one is in BF:
1. Loses the thing
2. Pay for damages
IF WORKER IS GF: Appropriate the thing and indemnifying the owner of material
EXCEPT: When material is more precious to the thing
IF WORKER IS BF:
1. Appropriate the work for himself without paying anything to the maker
2. Demand of the latter that he indemnify him for the value of the material
QUIETING OF TITLE
Cloud on title
1. There is an instrument, record, claim, encumbrance or proceeding
2. The instrument, record, claim, encumbrance, or proceeding is apparently valid
or effective
3. Such instrument, etc. is in truth and in fact invalid, ineffective, voidable, or
unenforceable, despite its prima facie appearance of validity, or has been
extinguished or terminated, or has been barred by extinctive prescription
4. Such instrument, etc, may be prejudicial to said title
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2. Defendant is bent on creating a cloud on the title or interest therein. The danger
must not be merely speculative or imaginary but imminent
3. Unless the defendant is restrained or stopped, the title or interest of the plaintiff
will be prejudiced or adversely affected
Prescriptive period:
1. Plaintiff is in possession - Imprescriptible
2. Plaintiff is not in possession
1. 10 years if ordinary
2. 30 years if extraordinary
CO-OWNERSHIP
Co-ownership (Art. 484)
1. Plurality of owners
2. The object of ownership must be a thing or right which is undivided
3. Each co-owner’s right must be limited only to his ideal share of the physical
whole
- Co owners can exercise an equal right to live in the house or agree to lease it. If they
fail to exercise any, they must bear the consequences.
- A co-owner cannot give valid consent to another to build a house on the co-owned
property which is an act tantamount to devoting the property to exclusive use.
- Anyone of the co-owners may file ejectment case
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1. Payment of real estate taxes 2. Construction of fense 2. Lease for more than 1 year
- If one co-owner redeems it, it shall be understood that it is for the benefit of co-
ownership subject to reimbursement from other co-owners.
- Failure of other co-owners to reimburse the amounts does not entitle the latter
to claim full ownership.
- Each co-owner shall have full ownership of his part. It may be disposed of as they
please, independent of the decision of their co-owners. A co-owner may not be
compelled by other co-owners to sell or dispose his land.
- A co-owner has the right to alienate, assign, mortgage is own share.
EFFECT OF ALIENATION OF THE ENTIRE PROPERTY: NOT NULL AND VOID. But sale will only
affect his own share or part of the co-owner.
- Appropriate recourse is an action for partition.
DEL CAMPO CASE: The buyer of a concrete portion was entitled to the specific portion
because the buyer WAS ALLOWED by the other co-owner to occupy the definite
portion without disturbance for a period too long to be ignored.
UNAUTHORIZED ALTERATION
- Act is illegal. The co-owners can compel the erring co-owner to undo what has been
done at the latter’s expense.
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REQUISITES:
1. Co-ownership
2. One of the co-owners sold his right to stranger
3. Sale was made before partition
4. Must be exercised by one of the co-owners within 30 days counted from the time that
he or they were NOTIFIED IN WRITING by the VENDEE or by the Co-owner vendor.
- Written Notice is indispensable and mere knowledge of the sale acquired in some
other manner does not satisfy the requirement.
FORM OF NOTICE:
1. In writing
- Furnishing the copy of deed of sale - sufficient
- Receipt of summons for collection of rentals - actual knowledge
- Co-owner is deemed to have been given notice of the sale by the execution and
signing of the deed of extrajudicial partition.
2. Notice must come from the vendor(co-owner)
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2. Execution of deed of partition and obtained the cancellation of the title in the name
of their predecessor and issuance of new one - Repudiation
- Lapse of more then 20 years will vest title by prescription.
- Act of some of the co-owners in effecting registration of the land only in their
names did not effectively repudiate when they allowed the other co-owner to build her
house on the subject property without any opposition.
- Sole fact of paying real estate tax did not constitute an unequivocal act.
PARTITION
- Imprescriptible
POSSESSION
- Holding of a thing or enjoyment of a right.
- Only things and rights which are susceptible of being appropriated may be the object of
possession.
- It is not necessary that the owner or holder of the thing exercise personally the rights of
possession.
CANNOT BE POSSESSED
1. Public dominion
2. Res communes - sunlight or air
3. Things prohibited by law
KINDS OF POSSESSION:
1. Possession in another’s name - Only the possession by a person without any right of how own
and one which is strictly of an agent or merely an instrument in the exercise of such possession
2. Possession in one’s one name - Possession anchored on a juridical title or right
3. Possession in the concept of owner -The belief or opinion of neighbors and the rest of the world
and not that of the possessor. May be the owner himself or one who claims to be so.
4. Possession in concept of holder - Considered possessors with respect to the things itself but
considered as possessor in the concept of the owner with respect to their right.
5. Possession in GF - if he is not aware that there exists in his title mode or acquisition any flaw
which invalidates it.
Possession
1. Occupancy, apprehension, or taking of a thing or right (possession in fact)
2. Deliberate intention to possess (animus possidendi)
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Entitled to the fruits received by him before his Obligation to reimburse not only the fruits actually
possession is legally interrupted received by him but also those which the
legitimate possessor could have received
In case of pending natural or industrial fruits, In case of pending fruits, He will lose the fruits in
the possessor and owner shall have a right to a favor of the legitimate possessor and he will not
part of the net harvest and each shall divide be entitled to the reimbursement of the expenses
the expenses of cultivation both in proportion he incurred in relation to the fruits including the
to the time of their respective possessions. expenses he incurred for its production and
preservation because these expenses are
reimbursable to the possessor in bad faith only if
already been received by the latter.
Not liable at all for the deterioration or loss of Liable for any determination or loss of the thing in
the thing possessed every case even when the same is caused by FE
Necessary expenses - Made for the preservation of the thing or those incurred not for the
improvement but for the preservation of the thing
- Whether in GF or BF, A possessor is entitled to the refund of the necessary expenses incurred by
him
- PGF has the right to retain until reimbursed
- PBF has no right
RIGHT OF RETENTION - Permits the actual possessor to remain in possession while he has not been
reimbursed by the person who defeated him in the possession for those NECESSARY AND USEFUL
EXPENSES
- While exercising such right, he cannot be compelled to pay rentals nor be disturbed in his
possession.
- The owner of the land is prohibited from offsetting the necessary and useful expenses with the
fruits received
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Ornamental Expenses - Do not increase the productiveness of the thing but merely embellish the
same. Resulting convenience is merely accidental
- Whether in GF or BF, A possessor is not entitled to refund
- PGF or PBF has the right of removal of the ornaments with which they embellished the
principal provided that there be no damage to principal.
- If the owner chose to appropriate, the latter’s right of removal cannot be exercised.
IF OWNER CHOSE TO APPROPRIATE:
1. GF - Amount shall be the actual amount expended
2. BF - Limited to the value of the ornament at the time the owner enters into the possession
ACQUISITION OF POSSESSION:
1. Material possession - Only to corporeal objects and not to rights.
2. Exercise of right
3. Subjecting the thing or right of action of our will
4. Proper acts and legal formalities
- Bad faith is not transmissible from one person to another. Not even to an heir.
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PRESUMPTION OF CONTINUITY OF POSSESSION -If the present possessor succeeds the previous
possessor by hereditary title, his possession is deemed continuous and without interruption fro m
the moment of the death of the decedent even if he was not in actual possession of the
property at the time of the death and prior his acceptance
2. Assignment
REQUISITES:
1. In concept of owner
2. Capacity to alienate
4. Possession of another
A. POSSESSION DE FACTO
- If lasts for more than one year, only possession de facto is lost but not the
possession de jure
B. POSSESSION DE JURE
- Not lost until after the lapse of 10 years
- Ownership and possession are distinct concepts, For ownership to be lost through possession
by another, it must be in the concept of an owner.
1. IMMOVABLES - Possession of immovables is not deemed lost or transferred for the purposes of
prescription except in accordance with the provisions of mortgage law and land registration
laws.
2. MOVABLES
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- EXCEPTIONS:
1. Lost the thing
2. Unlawfully deprived thereof
- In these cases, the owner of the movable has the right to recover it not only to the finder, thief
or robber but also from third persons even if acquired in GF
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Requisites
1. Essential- the real temporary right to enjoy another’s property
2. Natural – the obligation to preserve its form or substance
If non consumable which gradually deteriorates through wear and tear - Usufructuary may
return it at the expiration of usufruct in the condition that it may be found without any obligation
to reimburse the owner.
- The UF has the right to bring action and to oblige the owner to give him the authority
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- The owner of the property still has the right to construct any works and make any
improvements
- The owner has right to impose voluntary easement without the consent of the UF. However, no
PERPETUAL VOLUNTARY EASEMENT may be established without the consent of both the naked
owner and usufructuary
OWNER CANNOT:
1. Alter form and substance
2. Make actions that are prejudicial or injurious to the UF
3. No diminution of value of usufruct
FRUITS IN USUFRUCT
- UF is entitled to all natural, industrial and civil
- If there is a tendency to diminish its substance such as minerals from mines, etc, they are not
fruits but are CAPITAL. Hence they do not pertain to UF EXCEPT if devoted for exploitation even
before constitution of usufructuary, It may pertain as fruits
Pending Natural and Industrial fruits at the time of commencement: Belong to UF and he has no
obligation to refund the owner any expenses incurred.
Pending at the time of termination: Belong to the owner of the property but he shall reimburse
the UF the ordinary expenses of cultivation
Civil fruits - Deemed to accrue daily. Belong to UF in proportion to the time the usufruct may last.
- Periodic pensions or interest shall be distributed as civil fruits.
ALIENATION OF UF RIGHT
- UF may alienate his right of usufruct without the consent of the owner of the property whether
by onerous or by gratuitous title.
- He may lease or sell his right - but all contracts must terminate at the expiration of
usufruct
- Transfer does not terminate the relation between UF and naked owner. (same as lease)
- The UF shall be personally liable for he damage of the property caused by the
negligence of the transferee or lessee
CANNOT BE ALIENATED:
- UF granted in consideration of his person to last during his lifetime CANNOT BE ALIENATED.
- Enjoyment of the property is acquired through caution juratoria
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OBLIGATIONS OF THE UF
1. Make inventory of all the property covered
2. Give security or bond
- Failure to comply with these two obligations will only prevent UF from exercising but will not
result to termination
- Owner may retain possession as administrator
Caucion juratoria - Promise under oath made in court by the UF who has not given security for
the purpose of acquiring the use of the following:
1. Furniture necessary for his use
2. Dwelling house
3. Implements, tools and other movable property necessary for industry
Ordinary repairs:
1. Required by wear and tear due to the natural use
2. Indispensable for the preservation
Extraordinary - Caused by exceptional circumstances whether or not they are necessary for the
preservation of the thing
- It shall be made at the expense of the owner.
- UF may demand payment of legal interest if he paid for it
- UF may not compel the owner to make EO repairs.
- If EO, UF has an OPTION to do it but he has the obligation to notify the owner of the need of
such repairs.
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EXTINGUISHMENT OF USUFRUCT
1. Death of the Usufructuary unless contrary appears
2. Expiration of period
3. Merger of ownership
4. Renunciation of the UF
5. Total loss
6. Prescription
EXC:
1. Usufruct over building and the building is destroyed - UF has the right to make use of the land
and materials.
- If the owner wishes to construct another building, he has the right to occupy the land
and to make use of the materials in which case he shall be obliged to pay the UF during the
continuance of the Usufruct the interest upon the sum equivalent to the value of the land and
materials.
EFFECT OF BAD USE: Not extinguished. The owner may demand that the thing be delivered to
him and pay annually to the UF the net proceeds of the same after deducting the expenses and
compensation for administration
EASEMENT OR SERVITUDE
Characteristics
1. Real right but will affect third persons only when duly registered
2. Enjoyed over another immovable, never on one’s own property
3. Involves two neighboring estates- the dominant and servient estate
4. Inseparable from the estate to which it is attached, and therefore cannot be alienated
independently of the estate
5. Indivisible for it is not affected by the division of the estate between two or more persons.
The mere fact that the property was subdivided does not extinguish the easement
6. It is a right limited by the needs of the dominant owner or estate, without possession
7. It cannot consist in the doing of an act unless the act is accessory in relation to a real
easement
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8. A limitation on the servient owner’s rights of ownership for the benefit of the dominant
owner; and therefore, it is not presumed
EASEMENT SERVITUDE
KINDS OF EASEMENT:
1. REAL - An encumbrance imposed upon an immovable for the benefit of another immovable
belonging to different owner
2. PERSONAL - There is no owner of dominant tenement and the easement pertains to persons
without a dominant estate.
3. LEGAL - Which is constituted by law for public use or for public interest.
4. VOLUNTARY - Constituted simply by the will of the parties.
As to manner of exercise:
5. CONTINUOUS - Its use is or may be incessant without the intervention of any act of man like
easement of drainage, light and view
6. DISCONTINUOUS - Used at intervals and it depends on the act of man like right of way
7. APPARENT - Made known and are continually kept in view by external signs
8. NON APPARENT - Shows no external indication of existence
9. POSITIVE - Imposes upon the owner of the servient estate the obligation of allowing something
to be done
10.NEGATIVE - Prohibits something which he could lawfully do without such easement.
- The right of servitude resides in the estate itself and not in the physical person who successively
occupies or enjoys it.
- Only the owner can constitute a servitude over his property since it operates as a limitation
upon his title or ownership.
- Servitudes which are imposed by non owners do not bind the servient estate but only
the person establishing the same
- Easement cannot be alienated or mortgaged separately from the estate it forms part.
- Easement and servitude are indivisible
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PROOF OF EASEMENT
- Presumption is always against easement
- If acquired by prescription - Only be established in judicial proceeding
- Or it may be cured by deed of recognition of the owner of the servient estate
- If acquired by title: May be proven through oral testimonies of witnesses as the same is not
covered by Statute of frauds.
- The owner of the dominant estate shall have the right to make any works on the servient
estate if the same is necessary for the use and preservation of the servitude provided:
1. Necessary for use and preservation
2. Done at the expense of dominant estate
3. Can be done without altering the servitude
4. Owner of servient is notified
5. Time and manner should be the most convenient to the owner of servient
MODES OF EXTINGUISHMENT OF EASEMENT
1. Merger
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-The merger must involve FULL OWNERSHIP of both of the dominant and servient estate.
3. Impossibility of use
- Merely suspends.
4. Expiration of term
5. Fulfillment of condition
6. Renunciation
7. Redemption
8. Annulment or rescission of title
9. Termination of the right of the grantor
10.Abandonment of the servient estate
11.Eminent domain
LEGAL EASEMENTS:
Easement of Aqueduct
1. Dominant owner must prove that he has the capacity to dispose of the water
2. He must prove that the water is sufficient for the intended use
3. The course is most convenient, and least onerous to the third person
4. Indemnity must be paid
- Only for PRIVATE INTEREST
- It does not curtain the right of the owner to close or fence his estate
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- It is continuous and apparent even though the flow of water may not be continuous or its use
depends upon the needs of the dominant estate.
- Can be acquired by title or prescription
RIGHT OF WAY
1. Voluntary - Constituted by the will of parties. It can only be extinguished by the usual
agreement
- There must be a real and not fictitious or artificial necessity. Mere convenience for the
dominant estate will not suffice. The true standard of grant is ADEQUACY
- If Least prejudice and shortest distance do not concur in a single tenement, the court have
held that the LEASE PREJUDICE CRITERION MUST PREVAIL over the shortest distance
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Drainage of buildings
1. There must be no adequate outlet to the rain water because the yard or court of a
house is surrounded by other houses
2. The outlet to the water must be at the point where egress is easiest and establishing a
conduit for drainage
3. There must be payment of proper indemnity
4. Least possible damage caused
NUISANCE
- Any act, omission, establishment, business, condition of property, or anything else which
(ISAHO)
1. Injures or endangers the health and safety of others
2. Annoys or offends the senses
3. Shocks, defies or disregards decency or morality
4. Obstructs or interferes with the free passage of any public highway or street or body of water
CLASSIFICATION:
1. PUBLIC - affects a community of neighborhood or any considerable number of persons
although the extent of damage may be unequal
2. PRIVATE - Violates only private rights and produces damages to but one or few persons.
3. PER SE (Nuisance at law)- Affects the immediate safety of the persons and property which
may be summarily abated under the undefined law of necessity
- It is a nuisance under ANY AND ALL CIRCUMSTANCES
4. PER ACCIDENS (Nuisance in fact) - Depends upon certain conditions and circumstances and
its existence being a question of fact. It cannot be abated without due hearing in court.
TEST: WON the nuisance become dangerous at all times and under all circumstances to life,
health or property.
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5. Drugs
REMEDIES
1. PUBLIC NUISANCE
1. Civil action
2. Abatement without judicial proceedings
3. Criminal prosecution
2. PRIVATE NUISANCE
1. Civil action
2. Abatement without judicial proceedings
ABATEMENT
- May be without due hearing or upon due hearing.
- Summary abatement is only available if NUISANCE PER SE.
- Sanggunian cannot declare a thing as nuisance per se. Those things must be resolved by the
court.
Extrajudicial abatement of Private person: (both applied in public and private nuisance)
1. Nuisance must be specially injurious to the person affected
2. No breach of peace or unnecessary injury must be committed
3. Prior demand
4. Prior demand has been rejected
5. Approval by the district health officer and assistance of local police
6. Value of destruction does not exceed P3000.
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MODE TITLE
Legal means by which dominion or ownership Only the legal basis by which to affect dominion
is created, transferred or destroyed or ownership
Cause Means
Tradition/ Delivery
1. Right transmitted should have previously existed in the patrimony of the grantor
2. Transmission should be by just title
3. Grantor and grantee should have intention and capacity to transmit and acquire
4. Transmission should be manifested by some act which should be physical, symbolical, or
legal
- It should always be coupled with intent to deliver
KINDS OF TRADITION:
1. REAL TRADITION - Actual delivery. Placed in the possession and control of the grantee.
2. CONSTRUCTIVE - Represented by other signs or acts indicative of tradition.
1. Traditio Simbolica - By delivery of symbols. - Keys
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2. Traditio Longa Manu - Effected by simply pointing out to the grantee the things which
are being transferred and which at the time must be within their sight.
3. Traditio Brevi Manu - Grantee has already acquired actual control or possession of the
thing as when the thing is leased to him.
4. Traditio constitutum possessorium - Effected by mere declaration on the part of the
transferor that he will hold the thing for the transferee. He continues possessing it under
another capacity.
PRESCRIPTION:
- Possession must be in concept of an owner, public, peaceful, uninterrupted and adverse.
MOVABLE IMMOVABLE
PERIOD OF PRESCRIPTION
- The present possessor may complete the period necessary for prescription by TACKING HIS
POSSESSION to that of his grantor or predecessor in interest.
- It is presumed that present possessor has continued to be in possession during the
intervening time
LACHES - Failure or neglect for an unreasonable and unexplained length of time to do that
which by exercising due diligence could or should have been done earlier.
- Based on equity
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ELEMENTS:
1. Conduct on the part of the defendant or of one under whom he claims, giving rise to the
situation of which complaint is made for which the complainant seeks a remedy
2. Delay in asserting the complainant’s rights and complainant having had knowledge and
opportunity to institute a suit
3. Lack of knowledge or notice on the part of the defendant
4. Injury or prejudice to the defendant in the event relief is accorded to the complainant
CAPACITY TO ACQUIRE
- Persons who are capable of acquiring property may acquire by means of prescription
ORDINARY ACQUISITIVE PRESCRIPTION: The capacity to acquire property shall be the same
capacity required for the particular title in question
- Minors and other incapacitated persons are qualified to become donees but acceptance
shall be done through their parents or legal representatives
OCCUPATION
Requisites
1. The thing seized must be corporeal, personal property
2. Thing must be susceptible of appropriation by nature
3. Requisites laid down by law must be complied with
4. There must be an intention to appropriate
5. There must be seizure of a thing
6. The thing must be without an owner
Donation
1. Donor must have capacity to make the donation at the time of the perfection of the
contract
2. He must have donative intent
3. There must be delivery
4. Donee must accept or consent to the donation
- Donative intent - Presumed present when one gives a part of one’s patrimony to another
without consideration
- It is not negated when the person donating has other intentions, motives or purposes
which do not contradict donative intent.
- Donation is a bilateral act
- There is no need for tradition or delivery
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- Donation results in an effective transfer of title over the property from the donor to the donee
and the donation is perfected from the moment the donor knows of the acceptance by the
donee.
CLASSIFICATIONS OF DONATION
Takes effect at the time of the death of the Takes effect during the donor’s lifetime or
donor. independently of the donor’s death
EXCEPT:
1. Resolutory conditions
- Fixing of an event or the imposition of a suspensive condition which may take place beyond
the natural expectation of life of the donor does not destroy the nature as inter vivos.
- The mere designation as mortis causa or a provision “to take effect upon the death of the
donor” are not controlling criteria. Such statements must be construed as a whole in order to
determine the intent of the party.
- In case of doubt, IT IS INTER VIVOS.
- A warranty that nobody would disturb or question the donee’s right implied that the title had
already been conveyed to the donee upon the execution of the deed and that the donor
merely reserved to herself the possession and usufruct of the donated property.
- SH: The verb to inherit clearly implies the acquisition of property only from and after the death
of the alleged donors.
- The prohibition to alienate does not necessarily defeat the inter vivos character of the
donation
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PERFECTION OF DONATION: From the moment the donor knows the acceptance of the donee
(THEORY OF COGNITION)
- Before notice of acceptance, the donor/donee may withdraw.
- Acceptance must be made during the lifetime of the donor and donee
- An offer becomes ineffective upon the death, civil interdiction, insanity or insolvency of either
party before acceptance.
WHO MAY DONATE: In possession of capacity to contract and capacity to dispose of his
property.
- Donor’s capacity shall be determined at the time of the making of such donation
- No double donations
CAPACITY OF DONEE
- The law does not require that the donee must possess capacity to act. It is sufficient that he
must possess juridical capacity.
- Minors or unborn children may become donees - Acceptance by parents/LegalRep
- Donation may only be accepted personally or by authorized person with special power for
such purpose.
- If donation has already been made when the cause of unworthiness occurs, the donation is
not revoked.
FORMALITIES IN DONATION:
Donations of movable property
1. Value exceeds P5000 – donation and acceptance must be in writing either in private or
public instrument
2. Does not exceed P5000 – need not be in writing but there must be simultaneous delivery
of the thing or the document representing the right donated or else VOID.
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2. Acceptance, which may either be in the same instrument or another public instrument,
notified to the donor in authentic form, and noted in both deeds
- The donation must be registered in registry of property in order to bind third persons.
- BUT IT IS NOT REQUIRED FOR VALIDITY
EXTENT OF DONATION
- A donor may donate all his property or part thereof subject to these limitations:
1. He cannot donate future properties
2. He must reserve, in full ownership or in usufruct, sufficient means for the support of
himself and of all relatives who at the time of the acceptance of the donation are by
law entitled to be supported by him.
3. Legitime
- Donor must be the owner of the property AT THE TIME OF THE PERFECTION (Notification
of acceptance)
- If donor fails to make such reservation, the donation is not void but subject only to
reduction
- Inofficious - which prejudice the legitime
- Not void. It will only be reduced.
- It can only be determined at the death of the donor.
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- In absence of stipulation, the donee is only liable for the donation made in fraud of
creditors. Presumption to be such when at the time of the donation the donor did not
reserve sufficient property to pay his debts prior to donation
REVOCATION:
- GR: Irrevocable
EXCEPTIONS:
1. Subsequent appearance of children
2. Non fulfillment of charges imposed in donation
3. Ingratitude of donee
4. Inofficious
REVOCATION BY REASON OF INGRATITUDE: Prescribes 1 year from the time the donor
had knowledge
- Action is not transmissible to the heirs
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INHERITANCE - Property and transmissible rights and obligations existing at the time of his
death.
- Successional rights are vested only upon the death. The rights are transmitted from
the moment of the death of the decedent
- Inheritance vests immediately upon the decedent’s death without a moment of
interruption.
- The ownership over the inheritance is passed to the heirs at the precise moment of
death and not at the time the heirs are declared nor at the time the partition nor the
distribution of properties
- The law in force at the time of the decedent’s death shall determine who the heirs
should be
- Interest prior to the death of the decedent is merely inchoate.
- No contract may be entered into upon future inheritance except in cases expressly
authorized by law.
FUTURE INHERITANCE - The succession must not have been opened at the time of the
contract.
- Exceptions: As when a person partitions his estate by an act inter vivos
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PRESUMPTIVE DEATH
- For the purpose of opening one’s succession, a person is presumed to be dead by
operation of law if:
1. ORDINARY ABSENCE -
1. After absence of 10 years.
2. 5 years if disappeared after age of 75
- Presumed to have taken place on the last day of the period of absence or
disappearance
2. QUALIFIED ABSENCE:
- 4 years:
A. On board a vessel lost during a sea voyage or airplane
B. In armed forces who has taken part in war
C. Danger of death under other circumstances
Succession
1. Death of the decedent (actual or presumed)
2. Transmissible or descendible rights or properties
3. Transferee is alive (no predecease), willing (no repudiation), and capacitated to
inherit
WILL - An act whereby a person is permitted with the formalities prescribed by the law
to control to a certain degree the disposition of his estate to take effect after his death.
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EXCEPTION:
1. The manner of distribution of specific property or sums of money that the testator may
leave in general to specified classes or causes provided that the testator has already
determined the property or amount of money to be given
2. Designation of persons, institutions or establishments to which such property or sums
are to be given or applied provided that the testator has already determined the
class or cause to be benefited.
- In these cases, details in the execution are let to other person. Not the designation of
the heirs itself.
RULES IN INTERPRETATION
- Testate succession is preferred over intestacy
- A testator’s will is treated and interpreted in a way that would render all of its
provisions operative
HOW RESOLVED:
1. Determining the intention of the testator by examining the words of the will
2. Resorting to parol or extrinsic evidence EXCEPT ORAL DECLARATIONS.
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VALIDITY:
1. Extrinsic or Formal Validity
- Governed by the laws of the country in which they are executed (Lex Loci
Celebrationis) and the law at the time it is made
- If executed in the PH, It is the law that should govern
TESTAMENTARY CAPACITY:
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KINDS OF WILLS:
1. NOTARIAL
2. HOLOGRAPHIC
FORMALITY OF WILLS
Notarial Will; Formalities (Art. 805) (SAMPAtAck)
1. Subscribed at the end by the testator himself or by the testator’s name written by
some other person in his presence and by his express direction
2. Attestation and subscription by three or more credible witnesses in the presence
of the testator and of one another.
3. Marginal Signatures by the testator or the person requested by him to write his
name and the instrumental witnesses in each and every page EXCEPT THE LAST
4. Page numberings
5. Attestation clause stating:
a. Number of pages used upon which the will is written
b. The fact that the testator signed the will and every page in the presence
of the instrumental witnesses
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c. The witnesses signed the will and all the pages in the presence of the
testator and of one another.
6. Notarial Acknowledgement
- A notarial will may either be entirely handwritten, partly handwritten by himself and
partly handwritten by another person, entirely printed, engraved or lithographed,
partly handwritten
- If the will is executed in a language or dialect not known to the testator, VOID
- This is applied even if the provisions of the will are interpreted and explained to the
testator
- There is no statutory requirement to state that testator knew the language
- The requirement does not apply to witnesses.
- Attestation clause need not be written in a language or dialect known to the testator
since it does not form part of the testamentary disposition
- Subscribed at the end by the testator himself or by the testator’s name written by
some other person in his presence and by his express direction
- Thumb mark or thumb print sufficient
- If cross mark was used as signature, there must be showing that the cross mark was
the testator’s habitual signature
TRUE TEST OF IN THE PRESENCE: Whether they might have been seen each other sign
had they chosen to do so at the moment of the inscription of each signature without
any physical obstruction which will prevent him in doing so
End of the will - Logical end or where the last testamentary disposition ends
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- Where the signature is followed by dispositive provisions, even when the portion
of the instrument preceding the signature cannot be probated because the instrument
must be considered as a whole.
Attestation and subscription by three or more credible witnesses in the presence of the
testator and of one another.
Attestation - Act of senses. Witnessing the testator’s execution of the will in order to see
and take note mentally that those things are done as required.
Subscription - Mechanical act. It is the signing to the witnesses’ names upon the same
paper for the purpose of identification of such paper.
- If the attestation clause does not indicate the number of witnesses but the will clearly
shows four signatures, it is reasonable to conclude that there are three witnesses to
the will. Rule of substantial compliance may be applied.
- IF a witness or his or her spouse, parent or child has been made a devisee or a
legatee in the will to which he/she acts as a witness, he does not thereby become
disqualified as a witness
- But the LEGACY OR DEVISE IS VOID unless there are other three witnesses to such
will.
- If third witness is a notary public before whom thee will was supposed to have been
acknowledged- REQUIREMENT IS NOT SATISFIED.
- Effect: Not included as a witness. Will is void.
- A notary public cannot split his personality into two so that one will appear
before the other to acknowledge his participation in the making of the will.
Marginal Signatures by the testator or the person requested by him to write his name
and the instrumental witnesses in each and every page EXCEPT THE LAST
- Refers to PAGE and not to sheet or leaf or folio.
- If both pages of the sheet are used, both sides should bear signatures.
- The last page need not be signed because being the end of the will, it already
contains the testator’s signature.
- Location of marginal signature is not mandatory
- The inadvertent failure of one of the witnesses to affix his signature to one page of a
testament due to simultaneous lifting of two pages in the course of signing is not per
se sufficient to justify denial of probate.
- Page numberings
- Purpose is to guard against fraud and to afford means of preventing substitution or of
defecting the loss of any of its pages
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- If all dispositive parts are written in one page, no need for page numbering
- Attestation clause
- An attestation clause refers to that part of an ordinary will whereby the attesting
witnesses certify that the instrument has been executed before them and to the
manner of the execution of the same.
- Separate memorandum
- An unsigned attestation clause results in an unattested will
- Even if the instrumental witnesses signed the martin of the page containing the
unsigned attestation clause such is still VOID.
ACKNOWLEDGEMENT
- Before some competent officer and declaring it to be his act or deed.
- To safeguard the testators wishes and to assure that his estate is administered in the
manner he intends it to be done
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JURAT - The notary certified that before him/her the document was subscribed and
sworn to by the executor.
2. If blind:
1. Read to him twice. Once by the subscribing witnesses and by notary public
- Applies also to illiterate or poor eyesight
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2. Made after the execution of the will but with the consent of the testator - WILL
REMAINS VALID BUT THE INSERTION IS VOID
3. If made after the execution of the will but validated by the testator by his signature -
BECOMES PART OF THE WILL THUS - ENTIRE WILL BECOMES VOID.
4. Insertion is contemporaneous to the execution of the will - WILL IS VOID.
- HW shall include the day, month and year. If only month and year - substantial
compliance if no appearance of bad faith
- Date may be placed anywhere
- Does not require that it be completely executed in a single day.
- The signature must be his usual and habitual signature
- Signing by means of thumb mark - NOT VALID
- Probate:
- If contested - 3 witnesses shall be required
- Not contested - At least one
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JOINT WILL - One where the same instrument is made the will of two or more persons
and is jointly signed by them either for their reciprocal benefit or for the benefit of third
persons.
MUTUAL WILLS - Separate wills of two persons which are reciprocal in their provisions -
VALID
DISPOSICION CAPTATORIA - Disposition made upon the condition that the heir shall
make some provision in his will in favor of the testator or of any other person - VOID
- The requirement that the witnesses must be domiciled in the PH applies only if a
FILIPINO CITIZEN EXECUTES HIS WILL IN THE PH.
- If he executes it in a foreign country, The allows him to follow the formalities of
the place of execution
-If the latter instrument makes dispositions independent of those in the original without explaining
or modifying such will, then it is a new will.
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EXPRESS: There is a revocatory clause expressly revoking the will or part thereof
- Subsequent will must possess all the requisites of a will and it should be probated
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EXCEPTION: The revocation made in a subsequent will shall take effect even if the new will
should have become inoperative if the reason is either:
1. Incapacity of heirs or devises
2. Renunciation or repudiation
FALSE OR ILLEGAL CAUSE: When the testator declares in a latter will that he revokes a former will
because of a certain cause, which turns out to be false or illegal, the revocation is NULL AND
VOID.
- For it to apply, it is necessary that the fact or cause must appear UPON THE FACE of the
instrument. Parol evidence is not competent to prove that it was induced by false cause.
IMPLIED REVOCATION:
- Partially or absolutely inconsistent with those of the previous will.
- Annuls only dispositions that are inconsistent
PRESUMPTION OF REVOCATION: Where a will cannot be found and it was shown to have
been in the possession of the testator, when last seen, the presumption is, in the case of
absence of other competent evidence, that the same is cancelled or destroyed.
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REPUBLICATION OF WILLS
- Re execution or reestablishment by a TESTATOR of a will. It requires a positive act of the
testator.
- If there previous will is void as to its form, it can only be republished by REPRODUCING
the provisions. There is no other way.
- If void because of other reasons, it may be republished by either 2 ways
REVIVAL OF WILLS - Process of renewing or restoring the operative face of a will which
had once been revoked by the testator. - BY OPERATION OF LAW
1. EXPRESSLY REVOKING FIRST - The revocation of the second will does not revive the first
will.
2. IMPLIEDLY REVOKING FIRST - Revocation of second will AUTOMATICALLY REVIVES the
first
PROBATE - Prove before some officer or tribunal vested by law that the instrument
offered to be proved is the last will and testament of the deceased person.
- MANDATORY. No will shall pass either real or personal property unless it is proved and
allowed in accordance with ROC
- Imprescriptible
- But once probated, action for annulment of a will may be barred by res judicata and
prescription. - BUT TESTATOR MAY STILL REVOKE SUCH WILL EVEN PROBATED.
- Probate generally deals with extrinsic validity
- Probate of will is conclusive to the due and execution and extrinsic validity of the will
- No distribution of estate can be done until and unless the will pass both its extrinsic
and intrinsic validity
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INSTITUTION OF HEIRS
Requisites for a valid institution (Art. 840)
1. The will must be extrinsically valid
a. Testator must be capacitated
b. Formalities must be observed
c. No vitiated consent
d. Will must have been duly probated
e. The will must have been the personal act of the testator
2. The institution must be intrinsically valid
a. The legitime must not be impaired
b. The heir must be certain or ascertainable
c. No preterition
3. The institution must be effective
a. No predeceased heir
b. No repudiation by the heir
c. No incapacity of the heir
- Where the heir instituted is not living at the time of the death of the testator, the
institution is not effective.
- If the heirs are instituted without designation of shares - EQUAL PARTS
- When the testator institutes some heirs individually and others collectively -
CONSIDERED AS INDIVIDUALLY DESIGNATED.
- If the testator institutes bro-sis and he has some of full blood and half blood, the
inheritance shall be considered as equal. FOR TESTATE ONLY
- FOR INTESTATE- Full blood is entitled to double that of the half blood
- When the testator institutes a person and his children, they are all deemed to have
been instituted simultaneously
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3. It must appear from the face of the will that the testator would not have made
the institution had he known the falsity of the cause
EFFECTS:
1. Shall annul entirely the institution of heirs
2. Legacies and devises shall be valid insofar as they are not inofficious
Annulment of institution of heirs Shall also annul the institution of heirs but only
insofar as it may prejudice the person disinherited
SUBSTITUTION OF HEIRS
Kinds of substitution:
1. Simple/Common/Vulgar - Testator designates one or more persons to substitute the heir or
heirs instituted in case of Incapacity, predecease or renunciation (PIR).
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- There must be CLEAR and absolute obligation to deliver the inheritance to the
second heir
- Substitution must not burden legitime.
- If invalid Fideicommissary - The first heir is no longer obliged to preserve.
- IF VALID:
- Fiduciary acquires nothing more than a usufruct
- The fidaecommissary does not succeed the fiduciary from the testator upon the
latter’s death. Thus even if he should die before the fiduciary, his right passes to
his heirs.
PROHIBITION OF INALIENABILITY:
1. WHERE THERE IS NO FIDAECOMMISSARY SUBSTITUTION:
- The testator may not validly declare the legitime as inalienable.
- If free portion, May validly prohibit but for a period of not exceeding 20 years
- If heir dies before 20 years, The property BECOMES FREE
- If heir lives for more than 20 years, the property becomes free AFTER 20 YEARS.
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- Testator cannot likewise prohibit alienation of the property even if the fiduciary should
die before that period.
Caucion muciana - If the potestative condition consist in not doing or not giving
something, the instituted heir or devises or legatee is entitled to the immediate delivery
of the property after the testator’s death but upon giving of a security or bond.
IMPOSSIBLE CONDITIONS:
- Shall be considered not imposed and shall not affect the validity of the institution.
PROHIBITION TO MARRY:
GR: Absolute condition not to contract marriage is not valid and shall be considered
not written.
EXC: If imposed on the widow or widower by the deceased spouse or by the latter’s
ascendants or descendants - VALID. (RESOLUTORY IN CHARACTER)
- but cannot be validly imposed on legitime
MODE - Imposes an obligation upon the heir but it does not affect the efficacy of his
rights to the succession.
- It is not considered a condition unless it clearly appears.
- In case of doubt - MODE than CONDITION
EFFECT OF MODE: The latter can claim the immediate deliver of inheritance subject to
the giving of the bond. Bond is condition precedent to delivery.
LEGITIME
- Testator cannot deprive his compulsory heirs of their legitime except in case of disinheritance
- Testator cannot impose any burden, charge, encumbrance, condition or substitution of any
kind to the legitime
EXCEPTIONS:
1. Testator may prohibit partition for a period of not exceeding 20 years
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2. Illegitimate Parents
Thus:
TABLE OF LEGITIMES
SURVIVING HEIRS LEGITIME SHARING
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SS 2. SS - 1/4
3. IC - 1/4
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2. Propositus – the descendant who died and from whose death the reservista in
turn had acquired the property by operation of law
3. Reservista – the other ascendant who is obliged to reserve the property for the
benefit of the relatives of the propositus who are within the third(3rd) degree and
who belong to the line from which said property came
4. Reservatarios - relatives of the propositus who are within the third(3rd) degree
and who belong to the line from which said property came
- All persons in order that the reserve may exist must be LEGITIMATE RELATIONS
- Reserva troncal merely determines the group of relatives to whom the property
should be reserved. Ordinary intestate succession is thus applied.
- The alleged reservists must be an ascendant of the proposiatus. If reservists is a
collateral relative, NO RESERVA TRONCAL
- First cousins of the propositus (4th civil) cannot be considered reservatarios
- The only exception is in the case of Nephew/niece of the propositus who have
the right to represent their ascendants (Fathers/mothers) who are brothers or
sisters of the propositus and relatives within 3 degrees
- If there is no reservatario oath the time of reservista’s death, the property passes to
the heirs of the reservista
- If the property was inherited from decedent by maternal aunt - no reserva because
maternal aunt is not an ascendant but a COLLATERAL RELATIVE
- The reservista may alienate the the same but subject to reservation that it is
revolvable upon the survival of reservatarios at the time of the death of the reservista
- Reservable property cannot be transmitted mortis causa
- During the lifetime of the reservista, the right of the reservatario is merely inchoate
- The reservable character of a property may be lost to innocent purchasers for value.
REQUISITES OF RESERVATARIOS:
1. He must be within 3rd degree from the propositus - Reservatarios do not inherit from
the reservista but from the propositus.
2. He belongs to the same line from which the property came
3. Must be related by blood not only from the propositus but also to other ascendant/
bro-sis from which the property came
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DISINHERITANCE
Requisites
1. For a cause expressly stated by law
2. Effected only through a valid will
3. Cause must be certain and true
4. Unconditional
5. Total or complete
6. Cause must be stated in the will itself
7. The will must not have been revoked
8. For an existing cause
9. The heir disinherited must be designated in such a manner that there can be no doubt as
to his identity
Disinheritance due to an attempt against the life of the testator, his/her descendants or
ascendants, and spouse in case of children and parents
1. The disinherited heir must have committed either attempted or frustrated parricide
2. He must have been convicted for said criminal offense
B. Accusing the testator of a crime for which the law prescribes an imprisonment for six
years or more if found groundless or false
On the ground that the heir accused the testator of a crime
1. Heir accused the testator of a crime, either in the capacity of a complainant or witness
2. Penalty for the crime is imprisonment for 6 years or more
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3. There must be a judicial declaration that the accusation has been found groundless,
depicted by a pronouncement that the crime was not committed, and not merely
because guilt was not proven beyond reasonable doubt
C. Heir causes the testator to make a will or to change one already made by fraud,
violence, intimidation
OWNER EFFECT
Partly belongs to the testator 1. Understood that it is on the part owned only
execution of the will but later alienated in - It is not revived despite the nullity of the
whole or in party to third person alienation and even if reacquired.
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OWNER EFFECT
Belongs to testator but was mortgaged before Estate must pay the debt
or after execution of will
Burdened by temporary or perpetual charge Passes with burden and shall respect it until
like usufruct extunguished.
Legacy of credit - Legacy against a third person, or of the remission or release of debt effective
only as regards that part of the credit or debt EXISTING AT THE TIME OF THE DEATH of testator
Legacy/Devise of things belonging partly to another and the testator declares that he bequeaths
or devises the thing in its entirety (Art. 929)
1. An express declaration to that effect appearing in the will itself
2. Knowledge on the part of the testator that the thing belongs partly to a third person (can
be proven from the context of the will or from extrinsic evidence)
3. Total loss
RULE OF PROXIMITY - Relative nearest in degree excludes the more distant one.
EXCEPT: Right of representation
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IRON CURTAIN RULE - There is a separation between the legitimate family and the
illegitimate family. The illegitimate family cannot inherit intestate from the legitimate
family
2. Collateral line - In favor of children of brothers or sisters whether of full or half blood
and only when they concur with one or more uncle or aunts.
- NO REPRESENTATION IN REPUDIATION
- ONLY DIP - Disinheritance, Incapacity or predecease
ORDER OF INTESTATE
1. Legitimate children or descendants
2. Legitimate parents or ascendants
3. Illegitimate children or descendants
4. Surviving spouse
5. Brothers and sisters, nephews and nieces
6. Collateral relatives within 5th civil degree
7. State
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Escheat
1. Decedent died intestate
2. He dies seized of real and/or personal property located in the Philippines
3. He leaves no heir or person entitled to such real and personal property
ACCRETION IN INTESTATE:
- If several relatives of the same degree and one or some of them are unwilling or
incapacitated, his portion shall accrue to others of the same degree.
EXCEPT: In case of Predecease, Incapacity or unworthiness, Right of
representation prevails.
Incapacity of the priest who heard the confession of testator during his last illness, or the
minister of the gospel who extended spiritual aid to him during the same period (Art.
1027)
1. The will must have been executed during the last illness and after the confession
because if it were before, the reason for the incapacity does not exist
2. That the testator die of the illness wherein the confession was made even though
there should exist an interval between the confession and the death or that the
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death proceed from an accident which may or may not proceed from said
illness
3. That the disposition in the will should be in favor of said priest or minister, his
relative, or church.
COLLATION
1. Mere mathematical operation by the addition of the value of donations made by
the testator to the value of the hereditary estate
2. Return to the hereditary of the property disposed of not by lucrative title by the
testator during his lifetime.
- When the grandchildren who survive with their uncles, aunts or cousins, inherit from
their grandparents in representation of their father or mother, they shall bering to
collation all that their parents if alive would have been obliged to bring even if they
did not inherited the property.
- They shall also bring to collation all that they received from the decedent
during his lifetime, unless the testator has provided otherwise.
- Parents are not obliged to bring collation in the inheritance of their ascendants any
property which may have been donated by the later to their children.
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Legal redemption
1. Several co-heirs
2. One of them sells his right to a stranger
3. Sale is made before the partition
4. Right of redemption must be exercised by only one or more of the co-heirs
5. It must be exercised within 1 month from the time they were notified in writing by
the co-heir vendor
6. The vendee is reimbursed for the price of the sale
_____________________________________________________________________________________________
Sorry for all the typographical errors. Good luck and God bless you! Kindly pass
this or pay it foward! In God's perfect timing I know you will be the person you
aspire to be.
- Edward Arriba
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