FAQ’s on Civil Law

What should be the root causes of psychological incapacity?

The root cause of the psychological incapacity must be: (a) medically or clinically
identified, (b) alleged in the complaint, (c) sufficiently proven by experts, and (d) clearly
explained in the decision. Expert evidence may be given by qualified psychiatrists and
clinical psychologists.

When may the heirs enter into an agreement different from those prescribed by law?

Without creditors to take into consideration, it is competent for the heirs of an estate to
enter into an agreement for distribution thereof in a manner and upon a plan different
from those provided by the rules from which, in the first place, nothing can be inferred
that a writing or other formality is essential for the partition to be valid.

What is meeting of the minds in a contract of sale?

The meeting of the minds in a contract speaks of the intent of the parties in entering into
the contract respecting the subject matter and the consideration thereof, and if the
words of the contract appear to be contrary to the evident intention of the parties, the
latter shall prevail over the former.

What are the requisites of accretion as a mode of acquiring property?

Accretion as a mode of acquiring property under Article 457 of the Civil Code, requires
the concurrence of the following requisites: (1) that the accumulation of soil or sediment
be gradual and imperceptible; (2) that it be the result of the action of the waters of the
river; and (3) that the land where the accretion takes place is adjacent to the bank of the
river.
What is the purpose of adoption?

The main purpose of adoption statutes is the promotion of the welfare of children. The
law must also be applied with compassion, understanding and less severity in view of
the fact that it is intended to provide home, love, care and education for less fortunate
children.

In a contract of sale is there a difference between an agent and a broker?

An agent receives a commission upon the successful conclusion of a sale. A broker

earns his pay merely by bringing the buyer and the seller together, even if no sale is
eventually made. The fact that a person invested his own money to put service centers
and showrooms does not necessarily prove that he is not an agent of a car
manufacturer.

When do Special Powers of Attorney continue to have force and effect as against third
persons who had no knowledge of such lack of authority?

Absent a valid revocation duly furnished to the mortgagee, Special Powers of Attorney
continue to have force and effect as against third persons who had no knowledge of
such lack of authority.

As to third persons, when is an act deemed to be within the scope of an agent's

authority?

As far as third persons are concerned, an act is deemed to have been performed within
the scope of the
agent's authority if such is within the the terms of the power of attorney as written even if
the agent has in fact exceeded the limits of his authority according to the understanding
between the principal and the agent.

In alteration of plans, is written approval from the National Housing Authority sufficient?

In alteration plans, written approval of the National Housing Authority alone is not
sufficient. It must be coupled with the written conformity or consent of the duly
organized homeowners association or the majority of the lot buyers.

In contracts, what is the difference between cause and motive?

Cause is the essential reason for the contract, while motive is the particular reason of a
contracting party which does not affect the other party and which does not preclude the
existence of a different consideration. Article 1351 of the Civil Code provides that "the
particular motives of the parties in entering into a contract are different from the cause
thereof."

What are the powers of the court having supervision and control of the properties of a
deceased?

The court which acquired jurisdiction over the properties of a deceased person through
the filing of the corresponding proceedings, has supervision and control over the said
properties, and under the said power, it is its inherent duty to see that the inventory
submitted by the administrator appointed by it contains all the properties, rights and
credits which the law requires the administrator to set out in his inventory. In compliance
with this duty, the court has also inherent power to determine what properties, rights and
credits of the deceased should be included in or excluded from the inventory. Should an
heir or person interested in the properties of a deceased person duly call the court's
attention to the fact that certain properties, rights or credits have been left out in the
inventory, it is likewise the court's duty to hear the observations, with power to
determine if such observations should be attended to or not and if the properties
referred to therein belong prima facie to the intestate, but no such determination is final
and ultimate in nature as to the ownership of the said properties.
Does the acceptance of payment from a third person constitute novation, thereby
releasing the original debtor from his obligation?

It is a very common thing in the business affairs for a stranger to a contract to assume
its obligations; and while this may have the effect of adding to the number of persons
liable, it does not necessarily imply the extinguishment of the liability of the first debtor.
The mere fact that the creditor receives a guaranty or accepts payments from a third
person who has agreed to assume the obligation, when there is no agreement that the
first debtor shall be released from responsibility, does not constitute a novation, and the
creditor can still enforce the obligation against the original debtor.

Is consignation applicable to a lease with option to buy?

In Vda. de Quirino v. Palarca, it was ruled that consignation referred to in Article 1256
of the Civil Code is inapplicable to a lease with option to buy because said provision
refers to consignation as one of the means for the payment or discharge of a "debt,"
whereas the lessee was not indebted to the lessor for the price of the leased premises.
The lessee merely exercised a right of option and had no obligation to pay said price
until execution of the deed of sale in his favor, which the lessor refused to do.

What is "lis pendens"?

Lis pendens is a Latin term which literally means a pending suit or a pending litigation
while a notice of lis pendens is an announcement to the whole world that a particular
real property is in litigation, serving as a warning that one who acquires an interest over
the said property does so at his own risk, or that he gambles on the result of the
litigation over the said property. It is but a signal to the intending buyer or mortgagee to
take care or beware and to investigate the prospect or non-prospect of the litigation
succeeding before he forks down his money.

What is extraordinary inflation and what is its effect on contractual obligations?

Extraordinary inflation exists when 'there is a decrease or increase in the purchasing
power of the Philippine currency which is unusual or beyond the common fluctuation in
the value of said currency, and such decrease or increase could not have been
reasonably foreseen or was manifestly beyond the contemplation of the parties at the
time of the establishment of the obligation. It is only when an extraordinary inflation
supervenes that the law affords the parties a relief in contractual obligations.Art. 1250 of
the Civil Code provides that "in case an extraordinary inflation or deflation of the
currency stipulated should supervene, the value of the currency at the time of the
establishment of the obligation shall be the basis of the payment, unless there is an
agreement to the contrary".

Is there a legal necessity to declare a deed of donation as null and void even if the deed
itself declares it as such?

By the very express provision in the deed of donation itself that the violation of the
condition thereof would render ipso facto null and void the deed of donation, there
would be no legal necessity anymore to have the donation judicially declared null and
void for the reason that the very deed of donation itself declares it so. For were it
otherwise and that the donors and the donee contemplated a court action during the
execution of the deed of donation to have the donation judicially rescinded or declared
null and void should the condition be violated, then the phrase reading 'would render
ipso facto null and void' would not appear in the deed of donation.

Which is preferred between an unrecorded title of a house of a prior date and a

recorded mortgage of the same house of later date?

Between an unrecorded title of a house of a prior date and a recorded mortgage of the
same house of later date, the former is preferred for the reason that, if the original
owner had parted with his ownership of the thing sold, then he no longer had the
ownership and free disposal of that thing so as to be able to mortgage it.

In a contract, how is the intention of the parties ascertained?

The important task in contract interpretation is always the ascertainment of the intention
of the contracting parties and that task is of course to be discharged by looking to the
words they used to project that intention in their contract, all the words not just a
particular word or two, and words in context not standing
alone.

Is there a presumption in law that the terms of a lease are for the benefit of a lessee
alone?

There is no presumption in law that the term of a lease is designated for the benefit of
the lessee alone. In a reciprocal contract like a lease, the period of the lease must be
deemed to have been agreed upon for the benefit of both parties, absent language
showing that the term was deliberately set for the benefit of thelessee or lessor alone.

What is the degree of evidence required to hold a person liable for damages under
Article 33 of the Civil Code?

To hold a person liable for damages under Article 33 of the Civil Code, only a
preponderance of evidence is required. An acquittal in a criminal case is not a bar to the
filing of an action for civil damages, for one may not be criminally liable and still be civilly
liable. Thus, the outcome or result of the criminal case, whether an acquittal or
conviction, is really inconsequential and will be of no moment in the civil action.

Is the civil action contemplated on Article 33 of the Civil Code dependent on the
existence of a criminal action?

To subordinate the civil action contemplated in Arts. 33 and 2177 of the Civil Code to the
result of the criminal prosecution would render meaningless the independent character
of the civil action when, on the contrary, the law provides that such civil action "may
proceed independently of the criminal proceeding and regardless of the result of the
latter." Art. 33 of the Civil Code contemplates a civil action for recovery of damages that
is entirely unrelated to the purely criminal aspect of the case. This is the reason why
only a preponderance of evidence and not proof beyond reasonable doubt is deemed
sufficient in such civil action.
Should a stipulation in the lease contract which provides for the extension of the period
of lease be interpreted to mean that the lease may be extended at the option alone of
the lessee or the lessor?

A stipulation in the lease contract which provides for the extension of the period of
lease, the terms and conditions of which are subject to the mutual agreement of the
lessor and the lessee, should be interpreted to mean that the lease may be extended
only upon mutual agreement of the parties and not at the option alone of the lessee or
even the lessor for that matter.

Which spouse should be reimbursed for improvements made on their property?

The Civil Code says that improvements, "whether for utility or adornment, made on the
separate property of the spouses through advancements from the partnership or
through the industry of either the husband or the wife, belong to the conjugal
partnership," and buildings "constructed, at the expense of the partnership, during the
marriage on land belonging to one of the spouses, also pertain to the partnership, but
the value of the land shall be reimbursed to the spouse who owns the same." Proof,
therefore, is needful of the time of the making or construction of the improvements and
the source of the funds used therefor, in order to determine the character of the
improvements as belonging to the conjugal partnership or to one spouse separately.

What are the two options given to a person in making a partition of his estate?

Art. 1080 of the Civil Code clearly gives a person two options in making a partition of his
estate; either by an act inter vivos or by will. When a person makes a partition by will, it
is imperative that such partition must be executed in accordance with the provisions of
the law on wills; however, when a person makes the partition of his estate by an act
inter vivos, such partition may even be oral or written, and need not be in the form of a
will, provided that the partition does not prejudice the legitime of compulsory heirs.

When can parol partitions be recognized by a court on the basis of estoppel?

In numerous cases it has been held or stated that parol partitions may be sustained on
the ground of estoppel of the parties to assert the rights of a tenant in common as to
parts of land divided by parol partition as to which possession in severalty was taken
and acts of individual ownership were exercised. And a court of equity will recognize the
agreement and decree it to be valid and effectual for the purpose of concluding the right
of the parties as between each other to hold their respective parts in severalty. A parol
partition may also be sustained on the ground that the parties thereto have acquiesced
in and ratified the partition by taking possession in severalty, exercising acts of
ownership with respect thereto, or otherwise recognizing the existence of the partition.

If in a contract of sale there is a conflict between the area and boundary of the property,
which description should
prevail?

It has been held that in cases of conflict between areas and boundaries, it is the latter
which should prevail. What really defines a piece of ground is not the area, calculated
with more or less certainty, mentioned in its description, but the boundaries therein laid
down, as enclosing the land and indicating its limits. In a contract of sale of land in a
mass, it is well established that the specific boundaries stated in the contract must
control over any statement with respect to the area contained within its boundaries. It is
not of vital consequence that a deed or contract of sale of land should disclose the area
with mathematical accuracy. It is sufficient if its extent is objectively indicated with
sufficient precision to enable one to identify it. An error as to the superficial area is
immaterial

Is consignation applicable to a lease with option to buy?

In Vda. de Quirino v. Palarca, it was ruled that consignation referred to in Article 1256
of the Civil Code is inapplicable to a lease with option to buy because said provision
refers to consignation as one of the means for the payment or discharge of a "debt,"
whereas the lessee was not indebted to the lessor for the price of the leased premises.
The lessee merely exercised a right of option and had no obligation to pay said price
until execution of the deed of sale in his favor, which the lessor refused to do.

Can an award of actual damages be presumed by a court?

Actual or compensatory damages cannot be presumed, but must be duly proved, and
proved with reasonable degree of certainty. A court cannot rely on speculation,
conjecture or guesswork as to the fact and amount of damages, but must depend upon
competent proof that they have suffered and on evidence of the actual amount thereof.

Is it enough to make a valid tender of payment to exercise a right of repurchase?

In the exercise of the right to repurchase, a showing that a valid tender of payment was
made is sufficient. It is enough that a sincere or genuine tender of payment and not a
mock or deceptive one was made.

Is the tender of payment of a judgment the same as tender of payment of a contractual

debt?

If the rights and obligations of the parties arose from a judgment and not from contract,
the Civil Code requirements as to consignation are not applicable. Thus, in case of
refusal of a tender of the amount due on a judgment, the court may direct the money to
be paid in court and when this is done, order satisfaction of the judgment to be entered.
The tender of payment of a judgment is not the same as tender of payment of a
contractual debt and consignation of the money due from a debtor to a creditor. The
requisites of consignation under Art. 1256 et seq. do not apply to the former.

Is the mere filing of a complaint against a person evidence of ill will on which a claim for
damages may be based?

The mere filing of a complaint against a person, while it may cause him some anxiety, is
not per se evidence of ill will on which a claim for damages may be based. A contrary
role would discourage peaceful recourse to the courts of justice and induce resort to
methods less than legal, and perhaps even violent.
How are contracts interpreted when the terms and intent of parties are clear?

It is a basic and fundamental rule in the interpretation of contract that if the terms
thereof are clear and leave no doubt as to the intention of the contracting parties, the
literal meaning shall control. In order to judge the intention of the parties, their
contemporaneous and subsequent acts shall be principally considered.

Does a probate look into the intrinsic validity of a will?

Normally, the probate of a will does not look into its intrinsic validity. The authentication
of a will decides no other questions than such as touch upon the capacity of the testator
and the compliance with those requisites or solemnities which the law prescribes for the
validity of the wills. It does not determine nor even by implication prejudge the validity or
efficiency of the provisions of the will, thus may be impugned as being vicious or null,
notwithstanding its authentication. The question relating to these points remain entirely
unaffected, and may be raised even after the will has been authenticated.

What must the nature of possession be to constitute the foundation of a prescriptive

right?

Possession, under the Civil Code, to constitute the foundation of a prescriptive right,
must be possession under claim of title (en concepto de dueno), or to use the common
law equivalent of the term, it must be adverse. Acts of possessory character performed
by one who holds by mere tolerance of the owner are clearly not en concepto de dueno,
and such possessory acts, no matter how long so continued, do not start the running of
the period of prescription.

As to possession, what is the plaintiff's burden in forcible entry and detainer cases?

In an action for forcible entry and detainer, the main issue is one of priority of
possession. The legal right thereto is not essential to the possessor's cause of action,
for no one may take law into his own hands and forcibly eject another or deprive him of
his possession by stealth, even if his title thereto were questionable or actually disputed
in another case. If the plaintiff can prove prior physical possession in himself, he may
recover such possession even from the owner, but on the other hand, if he cannot prove
such prior physical possession, he has no right of action for forcible entry and detainer
even if he should be the owner of the property.

Is an action for recovery of possession the same as an action for recovery of title or
ownership?

An action for recovery of possession is totally distinct and different from an action for
recovery of title or ownership. In fact, a judgment rendered in a case for recovery of
possession is conclusive only on the question of possession and not that of ownership.
It does not in any way bind the title or affect the ownership of the land or building.
Section 7, of Rule 70 expressly states that:

"The judgment rendered in an action for forcible entry or detainer shall be effective with
respect to the possession only and in no wise bind the title or affect the ownership of the
land or building. Such judgment shall not bar an action between the value parties
respecting title to the land or building, nor shall it be held conclusive of the fact therein
found in a case between the same parties upon a different cause of action not involving
possession."

What names may a married woman use?

Under Article 370 of the Civil Code, a married woman may use:

(1) Her maiden first name and surname and add her husband's surname, or

(2) Her maiden first name and her husband's surname or

(3) Her husband's full name, but prefixing a word indicating that she is his wife, such as
"Mrs."
How can a child born out of wedlock be legitimated and what are the rights of
legitimated children?

Under the Family Code of the Philippines, children conceived and born outside of
wedlock of parents who, at the time of the conception of the former, were not
disqualified by any impediment to marry each other may be legitimated. Legitimation
shall take place by a subsequent valid marriage between parents. The annulment of a
voidable marriage shall not affect the legitimation and legitimated children shall enjoy
the same rights as legitimate children.

Why are decisions of the Supreme Court considered as law in our country?

This is by virtue of Article 8 of the Civil Code of the Philippines which states that judicial
decisions applying or interpreting the laws or the Constitution shall form a part of the
legal system of the Philippines.

What are the requirements under Article 34 of the Family Code?

Article 34 of the Family Code of the Philippines provides an instance where a marriage
is valid even if there is no marriage license. It requires the contracting parties to state in
an affidavit before any person authorized by law to administer oaths that they have lived
together as husband and wife for at least five years and without any legal impediment to
marry each other. In addition, the solemnizing officer shall also state under oath that he
ascertained the qualifications of the contracting parties and found no legal impediment
to the marriage.

What is testamentary succession?

Testamentary succession is that which results from the designation of an heir, made in a
will executed in the from prescribed by law.
Is a child conceived through artificial insemination considered legitimate?

Yes, under Article 164 of the Family Code, children conceived as a result of artificial
insemination of the wife with the sperm of the husband or that of a donor or both are
legitimate children of the husband and his wife, provided, that both of them authorized
or ratified such insemination in a written instrument executed and signed by them before
the birth of the child. The instrument shall be recorded in the civil registry together with
the birth certificate of the child.

Is there a prescribed form for the solemnization of marriage?

Under Article 6 of the Family Code of the Philippines, no prescribed form or religious rite
for the solemnization of the marriage is required. It shall be necessary, however, for the
contracting parties to appear personally before the solemnizing officer and declare in
the presence of not less than two witnesses of legal age that they take each other as
husband and wife. This declaration shall be contained in the marriage certificate which
shall be signed by the contracting parties and their witnesses and attested by the
solemnizing officer.

For civil purposes, when is a foetus considered born?

Under Article 41 of the Civil Code of the Philippines, the foetus is considered born if it is
alive at the time it is completely delivered from the mother's womb. However, if the
foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies
within twenty-four hours after its complete delivery from the maternal womb.

What is a contract of surety?

A contract of surety is an agreement where a party called the surety guarantees the
performance by another party called the principal or obligor of an obligation or
undertaking in favor of a third person called the obligee. Specifically, suretyship is a
contractual relation resulting from an agreement whereby one person, the surety,
engages to be answerable for the debt, default or miscarriage of another, known as the
principal.

What are the differences between consignation and tender of payment?

Consignation is the act of depositing the thing due with the court or judicial authorities
whenever the creditor cannot accept or refuses to accept payment, and it generally
requires a prior tender of payment. On the other hand, tender is the antecedent of
consignation, that is, an act preparatory to the consignation, which is the principal, and
from which are derived the immediate consequences which the debtor desires or seeks
to obtain. Tender of payment may be extrajudicial, while consignation is necessarily
judicial, and the priority of the first is the attempt to make a private settlement before
proceeding to the solemnities of consignation.

When must insurable interest in the property insured exist?

Insurable interest in the property insured must exist at the time the insurance takes
effect and at the time the loss occurs. The basis of such requirement of insurable
interest in property insured is based on sound public policy: to prevent a person from
taking out an insurance policy on property upon which he has no insurable interest and
collecting the proceeds of said policy in case of loss of the property.

What is the principle of laches?

Laches is defined as the failure or neglect for an unreasonable and unexplained length
of time, to do thatwhich, by exercising due diligence, could or should have been done
earlier. It is negligence or omission to assert a right within a reasonable time, warranting
a presumption that the party entitled thereto has either abandoned or declined to assert
it. The principle of laches is based on grounds of public policy which requires, for the
peace of society, the discouragement of stale claims. It is principally directed against the
unfairness of permitting an alleged right or claim to be enforced. It concerns itself with
whether or not by reason of long inaction or inexcusable neglect, a person claiming a
right should be barred from asserting the same, because to allow him to do so would be
unjust to the person against whom such right is sought to be enforced.
What clerical or typographical errors may be corrected under R.A. 9048?

A clerical or typographical error refers to a mistake committed in the performance of

clerical work in writing, copying, transcribing or typing an entry in the civil register that is
harmless and innocuous, such as misspelled name or misspelled place of birth or the
like, which is visible to the eyes or obvious to the understanding, and can be corrected
or changed only by reference to other existing record or records. Provided, however,
that no correction must involve the change of nationality, age, status or sex of the
petitioner.

What is an escrow?

An escrow fills a definite niche in the body of the law; it has a distinct legal character.
The usual definition is that an escrow is a written instrument which by its terms imports
a legal obligation and which is deposited by the grantor, promisor, or obligor, or his
agent with a stranger or third party, to be kept by the depositary until the performance of
a condition or the happening of a certain event, and then to be delivered over to the
grantee, promisee, or obligee.

What is the doctrine of "stare decisis"?

The "doctrine of stare decisis," ordained in Article 8 of the Civil Code, expresses that
judicial decisions applying or interpreting the law shall form part of the legal system of
the Philippines. The rule follows the settled legal maxim – “legis interpretado legis vim
obtinet” – that the interpretation placed upon the written law by a competent court has
the force of law.

What are exemplary damages?

Exemplary or corrective damages are imposed by way of example or correction for the
public good, in addition to the moral, temperate, liquidated or compensatory damages
(Art. 2229, New Civil Code). Exemplary damages cannot be recovered as a matter of
right; the court will decide whether or not they could be adjudicated (Art. 2223, New Civil
Code). Exemplary damages are also awarded for wanton acts, and are penal in
character, granted not by way of compensation but as a punishment to the offender and
as a warning to others as a sort of deterrent