143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B.

VALDERRAMA, CPA, MPM

This document is not meant to replace adequate review
time and reputable reference materials in preparation
for the bar examinations. This is merely a review aid and with their customs, rites, and practices, (d)
should not be your primary review material.
PRELIMINARY PROVISIONS
1. Publication of laws to take effect must be
COMPLETE. If incomplete, it cannot take
effect. NCC2
2. The legal capacity of aliens to enter into contracts
or marriage shall be governed by their NATIONAL
LAW pursuant to the nationality principle.
3. In case of INTESTATE AND TESTATE
SUCCESSIONS, the following shall be governed
by the national law of the person whose
succession is under consideration: (a) order of
succession, (b) amount of successional rights, (c)
intrinsic validity of testamentary provisions, and (d)
capacity to inherit.NCC16
4. BREACH OF PROMISE TO MARRY per se is not
an actionable wrong, unless: (a) there is fraud or
deceit, (b) expenses are already incurred, or (c)
when the woman was forcibly abducted and
raped.NCC21
places, (c) among Muslims or members of ethnic
cultural communities solemnized in accordance
solemnized outside the Philippines where no
marriage license is required by the laws of the
country where the marriage was solemnized, or (e)
between a man and a woman who have lived
together as husband and wife for at least 5 years
and without any legal impediment to marry each
other during the period of said marital
cohabitation.FC26-28,33,34,35
14. While a MARRIAGE CONTRACT is the best
evidence of a marriage, the lack of it does not
negate the existence of a valid marriage.GR84464,
GR135216
15. Doctrine of TRIENNIAL COHABITATION refers to
the presumption that the husband is impotent
should the wife still remain a virgin after living
together with the husband for three years.
16. A DIVORCE VALIDLY SECURED ABROAD that
terminated the marriage between a Filipino citizen
and a foreigner may be given recognition in the
Philippines regardless whether who among the
contracting parties secured the divorce
decree.GR221029

5. The elements of ABUSE OF RIGHT are: (a) 17. What exempts contracting parties from the valid
existence of a legal right or duty, (b) exercise in bad marriage license requirement under Article 34 of
faith, and (c) sole intent of prejudicing or injuring FC is the FACT OF MARITAL COHABITATION of
another.NCC19 at least 5 years, not the affidavit of such fact.

PERSONS AND FAMILY RELATIONS
6. Doctrine of PRESUMPTIVE PERSONALITY: A
conceived child is presumed to have civil
personality for all purposes favorable to it provided
that it is born in accordance with Article 41 of the
NCC.
7. An illegitimate child may use his/her FATHER’S
SURNAME if he/she is expressly recognized.FC176
18. The requisites for declaration of nullity of marriage
on the ground of psychological incapacity are
GRAVITY (serious enough that the incapacitated
party cannot assume the marital and familial
obligations), JURIDICAL ANTECEDENCE (the
mental incapacity existed at the time of the
marriage though it manifested only later), and
INCURABILITY (the incapacity has no cure, or if
curable, the incapacitated has no means to afford
such cure).GR210518

8. If the marriage is annulled and the WIFE IS THE
INNOCENT PARTY, she may continue using her
former husband’s name, unless: (a) the court
decrees otherwise, or (b) she or the former
husband is married again to another person.NCC371
9. PROVISIONAL ABSENCE refers to when a
person disappears from his domicile, his
whereabouts being unknown, without leaving an
agent to administer his property.NCC381
10. DECLARED ABSENCE refers to when a person
disappears from his domicile, and 2 years have
elapsed without any news about him or since the
receipt of the last news, or 5 years have elapsed in
case he left a person to administer his
property.NCC384
11. There can be NO INDEPENDENT PROCEEDING
for the express purpose of securing a judicial
declaration that a person is presumptively dead,
except for purposes of remarriage under Article 41
the FC.
12. A mayor who solemnized a marriage BETWEEN
AUGUST 3, 1988 AND DECEMBER 31, 1991 did
not have authority to solemnize a marriage
rendering the marriage void.NCC56, FC7, LGC
13. A VALID MARRIAGE LICENSE is required in
order for a marriage to be valid, except in case of
marriages: (a) in articulo mortis, (b) in remote
The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).
19. If INSANITY existed later than the date of
celebration of marriage, there could be no action
for annulment of marriage.FC45
20. The property regime of a second marriage that is
void under Article 40 (lack of judicial declaration of
nullity of a previous void marriage for purposes of
remarriage) of the FC shall be either ABSOLUTE
COMMUNITY OF PROPERTY OR CONJUGAL
PARTNERSHIP OF GAINS depending on the date
of celebration of the second marriage.GR122749
21. In case of voidable marriages on the ground of lack
of parental consent, the parent or guardian whose
consent is required CANNOT FILE for the
annulment of the voidable marriage after the
contracting party required to secure such consent
has reached the age of 21.FC47
22. MERE APPEARANCE of the absent spouse does
not terminate the subsequent marriage contracted
after securing a judicial declaration of presumptive
death of the absent spouse. It is the filing of an
affidavit of reappearance that does.FC42
23. The judicial declaration required under Article 40 of
the FC is not necessary if the previous marriage
is between members of the SAME SEX, since it is
not a marriage defined under Article 1 of the FC.
24. In asking for a judicial declaration of
presumptive death of an absent spouse for
 143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B. VALDERRAMA, CPA, MPM
purposes of remarriage, the belief that the absent
spouse is dead must be WELL-FOUNDED.FC41
25. The relative guardian or person having legal
charge of the insane in a voidable marriage and
the sane spouse CANNOT RATIFY said
marriage.FC45,47
26. Physical incapability to consummate marriage,
as a ground to annul a marriage, refers to
IMPOTENCY or the inability to perform a sexual
act, which is not the same as sterility (inability to 41. A hidden treasure found by the husband in the lot
produce an offspring).FC45
27. In order for an STD to be a ground to annul a
marriage, it must be (a) existing at the time of the 42. An adoption may not be rescinded by the adopters,
marriage, (b) serious, and (c) appears to be
incurable.FC45
28. In case of legal separation where violence alleged
also constitutes as violence specified under RA
9262, NO COOLING-OFF period of 6 months shall
be necessary before the action can proceed.FC58
29. ABANDONMENT, as a ground for legal
separation, must be without justifiable cause and
must have exceeded one year.FC55
30. In case of NON-CELEBRATION OF THE
MARRIAGE, a donation propter nuptias is
revocable at instance of the donor, except when
said donation is embodied in a marriage settlement
in which case the donation is revoked by operation
of law.FC81,86
31. Under ACP, any property acquired during the
marriage by gratuitous title by either spouse,
including the fruits and income thereof, shall be
considered EXCLUSIVE property. Under CPG,
such property is exclusive, but the fruits and
income thereof are conjugal properties.FC92,106
32. If no liquidation of ACP/CPG is made within one
year from the death of the deceased spouse and
the surviving spouse contracts a subsequent
marriage, a MANDATORY REGIME OF
COMPLETE SEPARATION OF PROPERTY shall
govern the property relations of the subsequent
marriage.FC103,130
33. The property relations of parties to a void marriage
on the ground of psychological incapacity shall
be governed by ARTICLE 147 of the FC.
34. Mandatory prior recourse to compromise is NOT
NECESSARY if the suit involving members of the
same family includes non-members
thereof.FC150,151
35. A privately handwritten and signed instrument
may be a SOLE EVIDENCE of filiation, but if not
signed, it is merely corroborative.GR177728, FC172,176
36. If the birth certificate is void for being registered by
the father alone and without the consent of the
mother, it CANNOT BE USED as an admission of
paternity by the father.GR222095
37. A family home not constituted as such before the
effectivity of the FC becomes a family home BY
OPERATION OF LAW upon effectivity of the
FC.FC153
38. A rented property CANNOT BE CONSTITUTED
as a family home.FC156
The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).
39. NO COMPROMISE may be made on: (a) civil
status, (b) validity of marriage or legal separation,
(c) jurisdiction of courts, (d) any ground for legal
separation, (e) future support, and (f) future
legitime.NCC2035
40. TENDER YEARS DOCTRINE: No mother shall be
separated from her child under seven years of age,
unless the court finds compelling reasons for such
measure.NCC363
exclusively owned by the wife shall accrue in favor
of the ACP or CPG.FC92,117
but may be rescinded by the ADOPTEE if the
adopter/s committed: (a) repeated physical and
verbal maltreatment despite having undergone
counselling, (b) an attempt on the life of the
adoptee, (c) sexual assault or violence, or (d)
abandonment and failure to comply with parental
obligations.RA8552
43. A Filipino child adopted by an alien RETAINS his
Filipino citizenship, unless he acquires the
nationality of the adopter through any of the means
under the latter’s national law.
44. Under the Domestic Adoption Act as amended by
RA 9523, a person OF LEGAL AGE may be
adopted if such person is: (a) unable to fully take
care of himself or herself, or protect himself or
herself from abuse, neglect, cruelty, exploitation, or
discrimination because of physical, or mental
disability or condition; (b) he or she is a legitimate
or illegitimate son or daughter of the adopter's
spouse; or (c) prior to adoption, he or she has been
consistently considered and treated by the
adopter(s) as his or her own child since minority.
45. A judgement for support is IMMEDIATELY
EXECUTORY.ROC
46. Support shall always be IN PROPORTION to the
resources of the giver and the necessities of the
recipient.FC201
47. SUBSTITUTE PARENTAL AUTHORITY is only
exercised in case of death, absence, or
unsuitability of parents, while SPECIAL
PARENTAL AUTHORITY may be exercised
concurrently with the parents or those having
substitute parental authority.FC214,218,219
48. A CHANGE OF NAME is sufficiently warranted
under the following grounds: (a) when the name is
ridiculous, dishonorable or extremely difficult to
write or pronounce; (b) when the change results as
a legal consequence of legitimation or adoption; (c)
when the change will avoid confusion; (d) when one
has continuously used and been known since
childhood by a Filipino name and was unaware of
alien parentage; (e) when the change is based on
a sincere desire to adopt a Filipino name to erase
signs of former alienage, all in good faith and
without prejudice to anybody; and (f) when the
surname causes embarrassment and there is no
showing that the desired change of name was for a
fraudulent purpose or that the change of name
would prejudice public interest.GR207074
49. The FC shall have RETROACTIVE EFFECT,
except when such retroactive application impairs
vested rights.FC256
 143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B. VALDERRAMA, CPA, MPM
PROPERTY ACCIDENS is a nuisance by reason of
circumstances, location, or surroundings.
50. A building of strong materials built on a land not
owned by the builder is an IMMOVABLE 61. The commission of acts of ingratitude by the
property.GRL-10837-38 donee enumerated under Article 765 of the NCC
DOES NOT GIVE RISE TO AUTOMATIC
51. A house is considered a PERSONAL property revocation of the donation for the donor must
under the following instances: (a) if built using invoke those grounds.
mixed materials, which by its very nature is
considered personal property; (b) if intended to be 62. PRESCRIPTION OF ACTIONS:
demolished, since what were really mortgaged are Prescriptive
Action
the materials used; (c) if built on rented land, since Period
an object placed on a land by one who only had 30 years Actions over immovables
temporary right to the same, does not become Mortgage
immobilized by attachment; and (d) if built using Written contract
10 years
Obligation created by law
strong materials, expressly considered as personal
Judgment
property by the parties, and no innocent third 8 years Recovery of movables
parties will be prejudiced thereby.GRL-4637, GRL-18456, Oral contract
GRL-58469 6 years
Quasi-contract
5 years Law did not fix a period
52. The criterion of LEAST PREJUDICIAL to the Injury to the right of plaintiff
servient estate must prevail over the criterion of Quasi-delict
shortest distance, although this is a matter of Revoke or reduce donation based on
judicial appreciation. In other words, where the the birth, reappearance or adoption of
easement may be established on any of several 4 years a child
tenements surrounding the dominant estate, the Revoke donation based on non-
compliance with a condition
one where the way is shortest and will cause the
Annul a contract
least damage should be chosen. If having these Rescind a rescissible contract
two (2) circumstances do not concur in a single Forcible entry and unlawful detainer
tenement, the way which will cause the least Defamation
damage should be used, even if it will not be the Recover possession de facto
shortest.GR112331 Revoke a donation due to ingratitude
1 year Rescind or recover damages if
53. Under Article 415(10) of NCC, a real right over an immovable is sold with non-apparent
immovable property (such as land) is an burden or servitude
Enforce warranty of solvency in
IMMOVABLE property as well. A mortgage on a
assignment of credits
parcel of land is only considered a real right if
registered. Hence, an unregistered mortgage is a
SUCCESSION
MOVABLE property, while a registered mortgage
is an immovable property.
63. Any heir may sell or even donate his/her
undivided share in the inheritance at THE
54. If a movable found is not treasure, it must be
MOMENT OF DEATH of the decedent.NCC774
RETURNED to the owner; otherwise, if the finder
retains it, he may be charged with theft.NCC719
64. If the testator is a teacher in Maguindanao and the
language of the will is in Filipino, it must be
55. ACCION PUBLICIANA VS. ACCION
PROVEN that the testator knows Filipino.NCC804
REIVINDICATORIA:
Accion Accion
Cause 65. A THUMBMARK as signature does not affect the
Publiciana Reivindicatoria
validity of a will, but a CROSS (“X”) is not a valid
Better right of
possession, Recovery of signature unless it is the usual signature of the
Ground and when dominion of testator.GRL-4067
Issue dispossession property based
has lasted for on ownership 66. The omission of the surviving spouse in a will
more than a year DOES NOT RESULT to preterition for not being a
Period 10 years 30 years compulsory heir in the direct line, but there will be
Court Depends on assessed value partial annulment to the extent of his/her
Proceedings Civil legitime.NCC854,906
67. LEGITIME:NCC888-903
56. A donation of IMMOVABLE property, regardless Survivors LD LA SS IC
of value, must be in a public instrument.NCC749 1/2, unless the testator and the SS were
57. ACCION INTERDICTAL (forcible entry or unlawful married in articulo mortis and the
Any class
detainer; issue of which is physical possession) is testator died within 3 months form the
alone
filed before the MTC the proceedings of which is time of such marriage, in which case,
summary. legitime of SS as sole heir is 1/3
All
1/2 of that
classes
58. THEORY OF IRREVINDICABILITY (OR 1/2 Excluded 1/4 of a LC. If
but only
INDEFEASIBILITY): Possession in good faith of a free portion
one LD
movable is presumed ownership. It is equivalent to is not
Equal
title, and no further proof is necessary. sufficient,
All to
divide
classes that
1/2 Excluded equally
59. If the usufructuary accidentally finds hidden but 2 or of
among the
treasure, he is entitled to HALF of it, for he is more LD each
IC
considered a stranger.NCC438,566 LD
LA
-- 1/2* 1/4 --
60. A nuisance PER SE is a nuisance at all times and SS
LA -- 1/2** -- 1/4
under any circumstance, while a nuisance PER
The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).
 143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B. VALDERRAMA, CPA, MPM
IC
SS
-- -- 1/3 1/3
IC
LA
SS -- 1/2 1/8 1/4
IC
*If the testator is an illegitimate person, his natural
parents are also excluded by presence of illegitimate
children.
**If natural parents concur with the surviving spouse, the
legitime of the former is 1/4, while of the latter is 1/4.
68. If the testator provided for a specified recipient in
his/her will, the testator CANNOT DELEGATE to a
third person the determination of the amount to be
given to the third person.NCC785
69. In case of disinheritance, the disinherited heir can
be REPRESENTED in the legitime only in the
descending line, never in the ascending.NCC923,972
70. A joint will validly executed in a country outside of
the Philippines MAY NOT be probated here in the
Philippines, but a will that is executed in a country
where such will is void, may be probated here in
the Philippines, as long as the will was executed in
accordance with the New Civil Code.NCC816,818,819
71. In probate proceedings, the instrumental
witnesses are NOT CHARACTER witnesses for
they merely attest the execution of a will or
testament and affirm the formalities attendant to
said execution.NCC820
72. The DOCTRINE OF DEPENDENT RELATIVE
REVOCATION allows a revoked will to be revived
when revocation of that will was conditioned upon
the validity of the new will. It is based on two
presumptions: (1) the decedent did not intend to die
without a will, and (2) the decedent revoked his or
her previous will on the condition that the new will
is valid.
IC according to the rules on legitime. The
legitime of LCD and SS shall always be
first satisfied in preference to the ICD.
First, satisfy the legitime. In case of
2 or more
excess in the estate distribute such
LC
excess in the proportion 1:2:2 in
SS
accordance with the concurrence
IC
theory.
77. If a holographic will is contested, AT LEAST
THREE witnesses shall be required during
probate.NCC811
OBLIGATIONS AND CONTRACTS
78. Demand by the creditor is NOT NECESSARY if:
(a) the obligation or the law expressly so declare;
(b) when from the nature and circumstances of the
obligation, the designation of time of performance
was a controlling motive for its establishment; or (c)
demand would be useless.NCC1169
79. The penalty fixed in an obligation with a penal
clause SUBSTITUTES for damages in case of
breach, except when: (a) there is a contrary
stipulation, (b) the debtor is sued for refusal to pay
the agreed penalty, or (c) the debtor is guilty of
fraud.NCC1226
80. DOCTRINE OF CONSTRUCTIVE COMPLIANCE
(OR FULFILLMENT): The suspensive condition in
a conditional obligation shall be deemed fulfilled
when the obligor (or debtor) voluntarily prevents its
fulfillment.NCC1186
81. A valid consignation (the deposit of the object of
the obligation in a competent court in accordance
with the rules prescribed by law, after refusal or
inability of the creditor to accept the tender of
payment) requires TWO NOTICES to the creditor:
(1) before making the consignation, and (2) after
consignation was made.NCC1257,1258

73. The grounds for substitution of heirs under Article 82. Obligations that are NOT COMPENSABLE: (a)
859 of NCC are: (a) the heir predeceased the debts arising from contracts of depositum, (b) debts
testator; (b) repudiation of heir, and (c) incapacity arising from contracts of commodatum, (c) claims
to accept the inheritance. Said list is EXCLUSIVE. for support due to gratuitous title, (d) obligations
arising from criminal offenses, and (e) certain
74. A legacy or devise can be REVOKED BY obligations in favor of the government such as tax,
OPERATION OF LAW if the thing bequeathed or fees, and others of a similar nature.NCC1287,1288
devised is totally lost during the lifetime of the
testator, or after his death without the heir’s 83. An action for rescission under Article 1383 of the
fault.NCC957 NCC is a SUBSIDIARY remedy or a remedy of last
resort.
75. The certification of acknowledgment need NOT BE 84. EXPROMISION VS. DELEGACION:
SIGNED by the notary public in the presence of Kinds of
the testator and witnesses.NCC806 Substitution
Delegacion Expromision
76. INTESTATE SHARES:NCC978-1011 (Personal
Survivor Intestate Share Novation)
Any class Creditor’s
Entire estate Consent
alone Yes Yes
LC Entire estate (indispensable
LP Excluded requirement)
1 LC 1/2 Original
SS 1/2 Debtor’s Yes No
2 or more Consent
Consider SS as 1 LC and then divide New Debtor’s
LC Yes Yes
estate by total number Consent
SS
LPA 1/2 Right to Right to
SS 1/2 reimbursement BENEFICIAL
LPA 1/2 Effect of (how much was reimbursement
SS 1/4 Payment by paid by the (how much was
IC 1/4 New Debtor new debtor) beneficial to
IP/IC 1/2 and the original
SS 1/2 subrogation debtor)
SS 1/2 Revival of No revival,
BS/NN 1/2 Original UNLESS the
No revival
1 LC First, satisfy the legitime. If estate would Obligation in insolvency was
SS be insufficient, reduction must be made Case of New already existing
The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).
 143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B. VALDERRAMA, CPA, MPM
Debtor’s and of public 93. A LACK OF CONSIDERATION renders a sale
Insolvency knowledge or void, but a FAILURE OF PAY THE
known to the CONSIDERATION only entitles the seller to seek
debtor for specific performance of a valid sale.NCC1458,1595
85. A contract entered into by an incapacitated person
is merely VOIDABLE in accordance with Article
1390 of the NCC, while one entered into by one
prohibited to do such is VOID in accordance with
Articles 5 and 1409(7) of the same Code.
86. A contract entered into by contracting parties who
are BOTH INCAPACITATED to enter into
contracts is unenforceable.NCC1403
87. The Statute of Frauds applies only to
EXECUTORY contracts; hence, it won’t apply in
contracts where there is partial performance
already.NCC1405
88. An oral contract of sale of land, though
unenforceable, is VALID as long as all essential
requisites are present.NCC1458
89. The principle of IN PARI DELICTO (the law leaves
where the parties are) only applies in void
contracts, but not in inexistent contracts.NCC1411
90. Under ESTOPPEL IN PAIS, a person is
considered in estoppel if by his conduct,
representations, admissions or silence when he
ought to speak out, whether intentionally or through
culpable negligence, "causes another to believe
certain facts to exist and such other rightfully relies
and acts on such belief, as a consequence of which
he would be prejudiced if the former is permitted to
deny the existence of such facts." Under
ESTOPPEL BY DEED, a party to a deed and his
privies are precluded from denying any material
fact stated in the deed as against the other party
and his privies. Under ESTOPPEL BY LACHES,
an equitable estoppel, a person who has failed or
neglected to assert a right for an unreasonable
and unexplained length of time is presumed to have
abandoned or otherwise declined to assert such
right and cannot later on seek to enforce the same,
to the prejudice of the other party, who has no
notice or knowledge that the former would assert
such rights and whose condition has so changed
that the latter cannot, without injury or prejudice, be
restored to his former state.GR202262
91. An element of natural obligation before it can be
cognizable by the court is VOLUNTARY
FULFILLMENT by the obligor.NCC1423
92. RESULTING TRUSTS are based on the equitable
doctrine that valuable consideration and not legal
title determines the equitable title or interest and
are presumed always to have been contemplated
by the parties. They arise from the nature or
circumstances of the consideration involved in a
transaction whereby one person thereby becomes
invested with legal title but is obligated in equity to
hold his legal title for the benefit of another. On the
other hand, CONSTRUCTIVE TRUSTS are
created by the construction of equity in order to
satisfy the demands of justice and prevent unjust
enrichment. They arise contrary to intention against
one who, by fraud, duress or abuse of confidence,
obtains or holds the legal right to property which he
ought not, in equity and good conscience, to hold.
SALES
The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).
94. In a CONTRACT TO SELL, the seller retains
ownership despite delivery, while in a CONTRACT
OF SALE, ownership is transferred upon
delivery.NCC1478,1497
95. A minor who has bought and received
necessaries, is liable for the REASONABLE
PRICE thereof.NCC1489
96. MERE INADEQUACY of the purchase price does
not affect the validity of the sale, unless: (a) there
is fraud, mistake, or undue influence indicative of a
defect in consent, (b) it is shown that the parties
really intended a donation or some other act or
contract, or (c) there is a judicial sale and the
inadequacy is shocking to the conscience of man
and there is showing that in the event of a resale, a
better price can be obtained.NCC1470
97. The rule of preference in case of double sale
DOES NOT APPLY when: (a) the land sold is
unregistered, (b) there are 2 sellers of one thing, or
(c) one or both contracts of sale are void.NCC1544
98. The RISK OF LOSS is borne by the: (a) seller,
before perfection, (b) seller, at the time of
perfection, (c) buyer, after perfection but before
delivery, except when there is a stipulation, and (d)
buyer, after delivery.NCC1189,1493
99. The IMPLIED WARRANTIES in a contract of sale
are: (a) warranty against eviction, (b) warranty
against hidden defects; and (c) warranty as to
fitness and merchantability.NCC1547
100. The remedies under Recto Law are
ALTERNATIVE, not cumulative; and when
foreclosure of the chattel mortgage is exercised,
deficiency cannot be recovered in case the
proceeds will not be sufficient to extinguish the
principal obligation.
101. If the period agreed upon in a pacto de retro sale
exceeds 10 years, redemption may be validly
exercised only for the FIRST 10 YEARS.NCC1606
102. There can be NO EQUITABLE MORTGAGE if
there is no existing principal obligation at the
time of constitution of the contract of
sale.NCC1602,2085
103. While Maceda Law applies to contracts involving
the sale or financing of real estate (including
residential condominium apartments) on
installment payments, it DOES NOT APPLY to sale
of: (a) industrial or commercial lands, (b) urban
lands covered by Urban Land Reform Law, (c)
agricultural lands covered by Agrarian Reform Law,
and (d) lands payable in straight terms.
104. In case of CONVENTIONAL REDEMPTION, the
vendor may reacquire the property sold provided
that he returns to the vendee: (a) price of the sale,
(b) expenses of the contract, (c) other legitimate
payments made therefor, (d) necessary and useful
expenses made on the thing sold, and (e) fulfills
other agreed upon stipulations. Interest is not
included.NCC1616
LEASE
 143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B. VALDERRAMA, CPA, MPM
105. The lessee CANNOT ASSIGN the lease without 115. In contracts of simple loan or MUTUUM, there is
the consent of the lessor, unless there is a
stipulation to the contrary.NCC1649
106. When in the contract of lease of things there is no
express prohibition, the lessee MAY SUBLET
the thing leased, in whole or in part, without
prejudice to his responsibility for the performance
of the contract toward the lessor.NCC1650
107. If at the end of the contract the lessee should
continue enjoying the thing leased for 15 days with
the acquiescence of the lessor, and unless a notice
to the contrary by either party has previously been
given, it is understood that there is an IMPLIED
NEW LEASE (OR TACITA RECONDUCCION),
not for the period of the original contract, but for the
time established in Articles 1682 (rural lands: time
necessary for the gathering of fruits) and 1687
(urban lands: depending on the frequency of rental
payments). The other terms of the original contract
shall be revived.NCC1670
108. If an alien is given a LEASE OF 50 YEARS WITH
AN OPTION TO BUY, it is a virtual transfer of
ownership, putting the Constitutional ban against
alien landholding in the Philippines in grave
peril.GRL-17587
PARTNERSHIP
109. A certificate of limited partnership NOT
REGISTERED with the SEC shall not void the
partnership but will only make it a general
partnership.NCC1844
110. A LIMITED PARTNER in a limited partnership is
liable only for the debts and obligations of the
limited partnership up to his/her capital
contributions, except when he becomes liable as a
general partner when the limited partner: (a) takes
part in the control of the business; (b) agrees to
contribute industry or his services only; or (c)
whose surname appears in a partnership name,
but he is not a general partner nor the business was
not carried under his surname before his
admission, with respect to partnership creditors
who extended credit to the partnership without
actual knowledge that he is not a general
partner.NCC1846
111. Principle of DELECTUS PERSONAE: No one can
become a member of the partnership without the
consent of all the partners.
AGENCY
112. While Article 1878 of the NCC requires a special
power of attorney in leasing any real property to
another person for more than one year. Said rule
applies to LESSORS (or landlords) and does not
apply to lessees (or tenants).
113. The sale of a land through an agent, whose
authority is not in writing, is VOID.NCC1874
114. Death of the principal DOES NOT TERMINATE
the agency if the agency has been constituted in
the: (a) common interest of the principal and the
agent, or (b) interest of a third person who has
accepted the stipulation in his/her favor.NCC1930
CREDIT TRANSACTIONS
The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).
transfer of ownership over the thing loaned, while
in COMMODATUM, there is none.NCC1933
116. A USURIOUS INTEREST is one which is greater
than the rate allowed by law, while an
unconscionable interest is one which either
enslaves borrowers or leads to a hemorrhaging of
their assets. If a usurious interest is stipulated, such
stipulation is void, as if there is no stipulation at all;
and in such case, no interest, even a reduced one,
may be awarded. In case of an
UNCONSCIONABLE INTEREST, the stipulation
as to payment of interest remains and only the rate
is considered invalidated.
117. While there is no ceiling imposed on agreed
interest rates as required under the Usury Law,
courts may REDUCE said rates if the rates are
iniquitous, unreasonable, unconscionable, or
shocking to the judicial sensibilities of the court.
118. A contract of rent of a safety deposit box is a
contract of SPECIAL DEPOSIT.GR102970
119. Examples of NECESSARY DEPOSIT: (a) made in
compliance with a legal obligation; (b) on the
occasion of a calamity; (c) made by travelers in
hotels and inns; and (d) made by travelers in
common carriers.NCC1996,1998,1754
120. In a contract of guaranty, the liability of the
GUARANTOR is subsidiary, as he is the insurer of
the principal debtor’s solvency, while in a contract
of suretyship, the liability of the SURETY is primary,
as he is the insurer of the debt.
121. A pledge of multiple objects is INDIVISIBLE,
unless each object secures a specific portion of the
principal obligation.NCC2089
122. The liability of an accommodation mortgagor
extends only up to the LOAN VALUE OF THE
MORTGAGED PROPERTY (not to the entire loan
itself) at the time of constitution of the
mortgage.GR134330
123. PACTUM COMMISSORIUM refers to an
agreement in a contract of pledge, mortgage, or
antichresis by virtue of which, if the debtor cannot
fulfill his obligation, the creditor can appropriate or
dispose of the thing given. What is prohibited is
automatic transfer of ownership in case of
debtor’s default.NCC2088
124. If the mortgagor is not the absolute owner of the
property mortgaged, the contract of mortgage is
VOID.NCC2085
125. A real estate mortgage which is coupled with
delivery of possession of the land to the creditor
amounts to a contract of ANTICHRESIS.GRL-6752
126. Unless there is a contrary stipulation, it is the
ANTICHRETIC CREDITOR who is liable to pay the
taxes and charges upon the immovable, but he/she
may deduct the sums paid from the fruits of the
immovable.NCC2135
LAND TITLES AND DEEDS
127. MIRROR DOCTRINE: A purchaser may be
considered a purchaser in good faith when he has
examined the latest certificate of title, except when
there exist important facts that would create
suspicion in an otherwise reasonable man to go
 143 TIPS FOR THE 2019 BAR EXAMINATIONS ON CIVIL LAW BY ATTY. NICO B. VALDERRAMA, CPA, MPM
beyond the present title and to investigate those
that preceded it.GR204369
128. A Torrens title could NOT BE COLLATERALLY
ATTACKED. The issue of whether or not the title
was fraudulently issued, could only be raised in an
action expressly instituted for that purpose; and an
action for reconveyance and recovery of
possession is not the direct action contemplated by 140. The ELEMENTS of the doctrine of last clear
law.GR202414
129. If the government is made to pay interest for the
difference in between the final amount of just
compensation adjudged by the court and the initial
payment made by the government in an
expropriation proceeding, interest starts to accrue
from the DATE OF THE TAKING, and not after the
decision fixing the just compensation becomes final
and executory.GR218628
139. DOCTRINE OF LAST CLEAR CHANCE: The
negligence of the plaintiff does not preclude a
recovery for the negligence of the defendant where
it appears that the defendant, by exercising
reasonable care and prudence, might have
avoided injurious consequences to the plaintiff
notwithstanding the plaintiff’s negligence.
chance are: (a) plaintiff was in a position of danger
and, by his own negligence, became unable to
escape from such position by the use of ordinary
care; (b) defendant knew that the plaintiff was in a
position of danger or in the exercise of ordinary
care should have known such; (c) defendant had
the last clear chance to avoid the accident by the
exercise of ordinary care but failed to exercise such
last clear chance; and (d) the accident occurred as
a proximate result of such failure.

TORTS AND DAMAGES
130. The elements of TORT are: (a) duty, (b) breach, (c)
injury, and (d) proximate causation.
131. PROXIMATE CAUSE is that which, in natural and
continuous sequence, unbroken by an efficient
intervening cause, produces injury, and without
which, the result would not have occurred.
132. The defense of exercise of diligence of a good
father of a family in the selection and supervision of
employees is not a proper and complete defense
under CULPA CONTRACTUAL, but in CULPA
ACQUILIANA, it is a proper and complete defense
in so far as employers are guardians are
concerned.NCC2180
133. While the proof of negligence required under culpa
contractual and culpa acquiliana is
PREPONDERANCE OF EVIDENCE, under culpa
criminal, what is required is PROOF BEYOND
REASONABLE DOUBT.
134. The presumption of negligence in motor vehicle
mishaps shall only apply if the negligence is the
PROXIMATE CAUSE of the injury or damage
suffered.GR130003, NCC2185
141. Since exemplary damages may be granted if the
defendant acted with gross negligence and
exemplary damages may not be renounced in
advanced, advanced waiver of actions that may
arise from GROSS NEGLIGENCE shall be
void.NCC2231,2235
142. LOSS OF EARNING CAPACITY is computed as:
𝟐
(𝟖𝟎 − 𝒂𝒈𝒆 𝒐𝒇 𝒕𝒉𝒆 𝒅𝒆𝒄𝒆𝒂𝒔𝒆𝒅) ∗ (𝑮𝑨𝑬 − 𝑵𝑳𝑬)
𝟑
where GAE means gross annual earnings and NLE
means necessary living expenses which is
presumed to be 50% of GAE in the absence of
actual proof.GR200942
143. The RECOVERABLE DAMAGES in case of death
are: (a) civil indemnity, (b) loss of earning capacity,
(c) actual or temperate damages, (d) moral
damages, (e) exemplary damages, (f) attorney’s
fees, (f) cost of suit, and (g) legal interest.GR119756
“You didn’t reach this far just to make it this far.” - NBV

135. Parents are vicariously liable for the damages

cause by their children under 21 who STILL LIVE
IN THEIR COMPANY.NCC2180

136. There is due diligence of the employer exercised

in the SUPERVISION OF EMPLOYEES if the
employer established rules and regulations,
implemented them, monitored its implementation,
and subjected erring employees to disciplinary
actions.

137. The DOCTRINE OF RES IPSA LOQUITOR (“the

thing speaks for itself”) applies where (a) the
accident was of such character as to warrant an
inference that it would not have happened except
for the defendant’s negligence; (b) the accident
must have been caused by an agency or
instrumentality within the exclusive management or
control of the person charged with the negligence
complained of; and (c) the accident must not have
been due to any voluntary action or contribution on
the part of the person injured.

138. An expert witness is NOT NECESSARY where

the doctrine of res ipsa loquitur is
applicable.GR210445

The author teaches Persons and Family Relations, Obligations and Contracts, Sales, Credit Transactions, Transportation Law, and Torts and Damages in
Arellano University School of Law (AUSL). He is likewise a former CPA reviewer for Business Law in the Review School of Accountancy (ReSA).