2) KokoBar 2019 Assoc Dean Rita Jimeno PDF

CIVIL
LAW REVIEW
By:
Dean Rita Linda V. Jimeno
KokoBar 2019 Civil Law: Dean Rita Jimeno
The Family Code
The Family Code of the Philippines took effect

on Aug. 3, 1988.
It was intended to supplant Book I of the Civil

Code of the Philippines on persons and family
relations which took effect on Aug. 30 1950.
2
Chapter 1. Requisites of Marriage

Art. 2. Essential requisites:
(1)Legal capacity of the contracting parties (18

and above); male and a female; and
(2) Consent freely given in the presence of the

solemnizing officer.
4
Art. 3. Formal requisites:
(1)Authority of the solemnizing officer;
(2) A valid marriage license except marriages in

articulo mortis and exceptional marriages (living
together with no legal impediment.)
(3) A marriage ceremony which takes place with the

appearance of the contracting parties before the
solemnizing officer and their personal declaration
that they take each other as husband and wife in
the presence of not less than two witnesses of
legal age.
6
Art. 4. The absence of any of the essential or
formal requisites shall render the marriage
void ab initio, except re: solemnizing offc’r.
A defect in any of the essential requisites shall

render the marriage voidable.
Irregularity in the formal requisites shall not

affect the validity of the marriage.
Lex Loci celebrationis
Art. 26. Lex Loci celebrationis--Marriages

solemnized outside the Philippines, in accordance
with the laws in force in the country where they were
solemnized, and valid there as such, shall also be
valid in this country, except: 1.Parties Below 18; 2.
Bigamous and polygamous, 3. mistake as to
identity of the other, 4. non delivery of legitimes
and 5. Psychological incapacity, 6. Incestuous, and
7. void by reasons of public policy.
8
Marriage to a foreigner and divorce
Art. 26 par 2:
Where a marriage between a Filipino citizen and a

foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry
under Philippine law.
Evolution of Art. 26 par 2
JURISPRUDENCE:
1.)Orbecido v Orbecido (both Filipinos at time of

marriage)
2) Corpuz v Sto. Tomas (the Canadian husband was

the one who filed petition for recognition of divorce
so he can remarry in the Phils.)
10
Evolution of Art. 26 par 2
3) Fujiki (the 1st Japanese husband of Marinay was
the one who filed a petition for recognition of the
divorce obtained by his wife in Japan against her 2nd
husband on the ground of bigamy.)
4) Manalo v. Republic ( The Filipino wife was the

one who filed for divorce in Japan and filed a
petition for cancellation of the entry of her
marriage in the Civil Registry under Rule 108 based
on the divorce she obtained in Japan.)
11
12
VOID marrriages
Art. 35. The following marriages shall be void from the

beginning:
(1) Those contracted by any party below eighteen years

of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally

authorized to perform marriages unless such marriages
were contracted with either or both parties believing in
good faith that the solemnizing officer had the legal
authority to do so;
13
VOID Marriages
(3) Those solemnized without license, except those

exempt from license requirements;
(4) Those bigamous or polygamous marriages except

under Article 41 (w/ declaration pf presumptive death);
(5) Those contracted through mistake of one contracting

party as to the identity of the other; and
(6) Those subsequent marriages where the presumptive

legitimes of children were not delivered (Article 53)
14
Void Marriages
Art. 36. A marriage contracted by any party

who, at the time of the celebration, was
psychologically incapacitated to comply
with the essential marital obligations of
marriage, shall likewise be void even if such
incapacity becomes manifest only after its
solemnization.
15
Void Marriages
Art. 37. Marriages between the following are

incestuous and void from the beginning,
whether relationship between the parties be
legitimate or illegitimate:
(1) Between ascendants and descendants of any

degree; and
(2) Between brothers and sisters, whether of
the full or half blood.
16
Void Marriages
Art. 38. The following marriages shall be void

from the beginning for reasons of public
policy:
(1) Between collateral blood relatives

whether legitimate or illegitimate, up to the 4th
civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-
law;
17
Chapter 3: Void Marriages
(4) Between the adopting parent and the adopted child;

(5) Between the SS of the adopting parent and the
adopted child;
(6) Between the SS of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of
the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry
the other, killed that other person's spouse, or his or
her own spouse.
18
Art. 41. BIGAMOUS-- contracted by any person during

subsistence of a previous marriage shall be null and
void, unless before the celebration of the subsequent
marriage, the prior spouse had been absent for 4
consecutive years and the spouse present has a
well-founded belief that the absent spouse was
already dead. In case of disappearance where there
is danger of death , an absence of only 2 years shall be
sufficient.
19
Requirement:
There must be a declaration of presumptive

death of the absentee, without prejudice to
the effect of re-appearance of the absent
spouse.
20
Art. 42. The subsequent marriage referred to in

the preceding Article shall be automatically
terminated by the recording of the affidavit of
reappearance of the absent spouse, unless there
is a judgment annulling the previous marriage
or declaring it void ab initio.
21
Art. 43. The termination of the subsequent

marriage because of the reappearance of the
1st spouse shall produce the following effects:
1) The children shall remain legitimate
2) The community of property shall be
dissolved, but if one spouse contracted the
said marriage in bad faith, his share shall be
forfeited in favor of the common children, etc.
22
Voidable Marriages
Art. 45. VOIDABLE MARRIAGES:
(1) Absence of consent by parents if 18 to 21 yrs of

age —annulment may be filed by the party whose
parent or guardian did not give his or her
consent, within 5 years after attaining the age of
21, or by the parent or guardian before such party
reaches the age of 21.;
23
Voidable Marriages
(2) Insanity --- by the spouse, who had no knowledge

of the other's insanity; or by any relative or
guardian or person having legal charge of the insane,
at any time before the death of either party, or by
the insane spouse during a lucid interval or after
regaining sanity;
(3) Fraud -- by the injured party, within five years after

the discovery of the fraud;
24
Chapter 3: Void and Voidable Marriages
(4) Force or intimidation--- by the injured party,

within 5 years from the time the force, intimidation or
undue influence disappeared or ceased;
(5) Impotence and affliction with STD or AIDS that

is serious and appears incurable---- by the injured
party, within 5 years after the marriage.
25
Voidable Marriage: fraud
Art. 46. Fraud refers to:
(1) Non-disclosure of a previous conviction

by final judgment of the other party of a crime
involving moral turpitude;
(2) Concealment by the wife of the fact that at
the time of the marriage, she was pregnant by
a man other than her husband;
26
Chapter 3: Void and Voidable Marriages
(3) Concealment of sexually transmissible disease,

regardless of its nature, existing at the time of the
marriage; or
(4) Concealment of drug addiction, habitual alcoholism

or homosexuality or lesbianism existing at the time of
the marriage.
No other misrepresentation or deceit as to character,

health, rank, fortune or chastity shall constitute such fraud
as will give grounds for action for the annulment of
marriage.
27
28
LEGAL SEPARATION
Art. 55. A petition for legal separation may be filed on
any of the following grounds:
(1) Repeated physical violence or grossly abusive

conduct directed against the petitioner, a common
child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel

the petitioner to change religious or political
affiliation;
29
LEGAL SEPARATION
(3) Attempt of respondent to corrupt or induce the

petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance
in such corruption or inducement;
(4) Final judgment sentencing the respondent to

imprisonment of more than six years, even if
pardoned;
(5) Drug addiction or habitual alcoholism of the

respondent;
30
LEGAL SEPARATION
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent

bigamous marriage, whether in the Philippines or
abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the

petitioner; or
31
LEGAL SEPARATION
(10) Abandonment of petitioner by

respondent without justifiable cause for more
than one year.
32
LEGAL SEPARATION
Art. 63. Effects of legal separation:
(1) Entitled to live separately from each other, but the

marriage bonds shall remain;
(2) The absolute community or the conjugal partnership

shall be dissolved and liquidated but the offending
spouse shall have no right to any share of the net
profits earned by the absolute community or the
conjugal partnership, which shall be forfeited in favor of
common children, etc.
33
LEGAL SEPARATION
(3) The custody of the minor children shall be awarded

to the innocent spouse; and
(4) The offending spouse shall be disqualified from

inheriting from the innocent spouse by intestate
succession. Provisions in favor of the offending spouse
made in the will of the innocent spouse shall be
revoked by operation of law.
34
35
Property Regimes
The property relationship between husband and wife

shall be governed in the following order:
(1)By marriage settlements (pre nuptial) executed

before the marriage;
(2) If married before the Family Code (Aug 3, 1988)—
default regime is conjugal partnership of gains
(3) If married after Aug 3, 1988, default regime is
absolute community of property.
36
37
What Constitutes Community Property
Art. 91. The absolute community

property shall consist of:
All the Property owned by the spouses at

the time of the celebration of the
marriage or acquired thereafter.
.
38
Excluded from the Community Property
Art. 92. Excluded from the absolute community

property:
(1) Property acquired during the marriage by
gratuitous title and the fruits as well as the
income thereof, if any, unless expressly provided
otherwise by the donor, testator;
2) Property for personal and exclusive use of either
spouse. However, jewelry shall form part of the
community property;
.
39
Excluded from the Community Property
(3) Property acquired before the marriage by either

spouse who has legitimate descendants by a
former marriage, and the fruits as well as the
income, if any, of such property.
40
41
The Conjugal partnership of gains
The conjugal partnership of gains is the

default regime for marriages before the effectivity of
the Family Code which was on August 3, 1988 or if
the parties agree in their marriage settlements to be
governed by it.
42
The Conjugal partnership of gains
In the conjugal partnership of gains the

husband and the wife put in a common fund: (Art.
106)
1. the proceeds, fruits, income from their separate
properties
2. their income from work or industry and
everything acquired through their effort or chance.
43
Excluded from the Conjugal partnership
Art. 109. Excluded are:

(1)Capital or paraphernal property
(2)Property acquired during the marriage by
gratuitous title but the fruits shall belong to
the partnership;
3) Acquired by right of redemption or exchange
using separate property
4.) Purchased using exclusive money of either
spouse.
.
44
Art. 135. Sufficient causes for judicial separation
of property (Non voluntary):
(1) That the spouse of the petitioner has been

sentenced to a penalty with its civil interdiction;
(2) That the spouse of the petitioner has been

judicially declared an absentee;
45
(3) Loss of parental authority that has been decreed

by the court;
(4) That the spouse has abandoned the other or

failed to comply with his or her obligations to the
family;
(5) That the spouse granted the power of

administration in the marriage settlements has
abused that power; and
46
(6) That at the time of the petition, the spouses
have been separated in fact for at least one
year and reconciliation is highly
improbable.
47
Art. 136. VOLUNTARY DISSOLUTION- The

spouses may also jointly file a verified petition
with the court for the voluntary dissolution of
the absolute community or the conjugal
partnership of gains, and for the separation of their
common properties.
48
49
Art. 144. Separation of property may refer to

present or future property or both. It may be total
or partial. In the latter case, the property not agreed
upon as separate shall pertain to the absolute
community.
50
Complete Separation of Property
Art. 145. Each spouse shall own, dispose of,

possess, administer and enjoy his or her own
separate estate, without need of the consent
of the other.
To each spouse shall belong all earnings from
his or her profession, business or industry and
all fruits from his separate prop.
51
Art. 146. Both spouses shall bear the family

expenses in proportion to their income, or, in case of
insufficiency or default thereof, to the current
market value of their separate properties.
The liabilities of the spouses to creditors for family

expenses shall, however, be solidary. (215a)
52
53
Art. 147. When a man and a woman who are

capacitated to marry each other, live exclusively
with each other as husband and wife without the
benefit of marriage or under a void marriage, their
wages and salaries shall be owned by them in equal
shares and the property acquired by both of them
through their work or industry shall be governed by
the rules on co-ownership.
54
In the absence of proof to the contrary, properties
acquired while they lived together shall be presumed
to have been obtained by their joint efforts, work or
industry, and shall be owned by them in equal
shares. A party who did not participate in the
acquisition by the other party of any property shall be
deemed to have contributed jointly in the acquisition
thereof if the former's efforts consisted in the care
and maintenance of the family and of the household.
55
Neither party can encumber or dispose by acts inter

vivos of his or her share in the property acquired
during cohabitation and owned in common, without
the consent of the other, until after the termination
of their cohabitation.
56
Art. 148.
In cases of cohabitations with impediment, only the

properties acquired by both of the parties through
their actual joint contribution of money, property,
or industry shall be owned by them in common in
proportion to their respective contributions.
57
If one of the parties is validly married to another, his

or her share in the co-ownership shall accrue to the
absolute community or conjugal partnership
existing in such valid marriage.
If one or both parties acted in bad faith, even if they are

not validly married to another, his shall be forfeited in
favor of common children, etc.
58
59
60
CHAPTER 2. PROOF OF FILIATION
Art. 172. The filiation of legitimate children is

established by any of the following:
(1) The record of birth appearing in the civil register

or a final judgment; or
(2) An admission of legitimate filiation in a public

document or a private handwritten instrument and
signed by the parent concerned.
61
CHAPTER 2. PROOF OF FILIATION
In the absence of the foregoing evidence, the

legitimate filiation shall be proved by:
(1) The open and continuous possession of the

status of a legitimate child; or
(2) Any other means allowed by the Rules of Court

and special laws.
62
Period to claim FILIATION
Art. 173. The action to claim legitimacy or

illegitimacy may be brought by the child during his
lifetime.
BUT, If illegitimate filiation is claimed based on a

public or handwritten private document of the
alleged father– lifetime of the father only.
63
CORRECTION OF ENTRIES: CIVIL REGISTRY
Where a person’s baptismal name is

different from the name appearing in his
birth certificate, the remedy is not for
correction of the name in the birth certificate,
but for a change of name under Rule 103.
64
Where the petition does not merely seek the
correction of an entry made by mistake but calls
for a change in the parents’ name in the birth
certificate, or for a change in the surname of
the petitioner to conform to the surname of
his alleged father, which matters involve a
determination of filiation or citizenship of the
petitioner, the remedy is not for correction of
entries in the civil register, but an action to
claim legitimacy or filiation.
65
Under Republic Act 9048, the city or municipal

registrars have the power to correct clerical,
typographical errors or change of first name or
nickname of a person, in a summary proceeding.
However, for substantial changes in the entries in

the civil register a petition under Rule 108 of the
Rules of Court, which is the appropriate adversarial
proceeding, must be filed.
66
SUCCESSION
67
I. TESTATE
a) Holographic Will
b) Notarial Will requires:
1.) At least 2 witnesses;
2.) Acknowledgement before a

notary public;
3.) Attestation clause

68
I. TESTATE
4.) Pagination (paging) – all

pages must be identified or
numbered on top & in words,
e.g. “Page one, Page two, etc.”
69
TERMS TO REMEMBER
JOINT WILLS
Not allowed in the Philippines

even if executed in a foreign
country where it is valid.
70
TERMS TO REMEMBER
PRETERITION
Omission of one or some of the

compulsory heirs in the direct line-
whether living at the time of execution of
the will or born after the death of the
testator
71
EFFECT
It will annul the institution of

voluntary heirs.
If the omitted compulsory heir

dies ahead of the testator, the
institution of heirs shall be effectual
without prejudice to the right of
representation.
72
Who are the 1. Legitimate Children
Compulsory (with respect to their
heirs legitimate parents);
2. In default of legitimate
children (legitimate
parents);
3. The surviving spouse;
4. Illegitimate children.
73
What are the compulsory heirs

entitled to?
Legitimes which
cannot be impaired or
reduced
74
What portion of the inheritance may be
freely given, devised or bequeathed by
a testator to voluntary heirs?
Only the free portion which is what

remains after giving the legitimes of
the compulsory heirs
75
COMPARATIVE CHART OF
LEGITIMES AND SHARES
76
LEGITIMES IN TESTAMENTARY SHARES IN INTESTATE SUCCESSION
SUCCESSION
LEGITIMES OF CHILDREN/PARENTS AS SHARES OF CHILDREN/PARENTS AS
SOLE HEIRS LONE SURVIVORS
1. Legit. ALONE=1/2 1/2 free Art. 1. Legit All Art. 979
Child/child portion 888 child/children
ren (ALONE)
2. Illegit. ALONE=1/2 1/2 free Art. 2. Illegit. All Art. 988
child/child portion 901 child/children
ren (ALONE)
3. Legit. ALONE=1/2 1/2 free Art. 3. Legit. parents - All if one
parents portion 889 ALONE parent only; Art. 986
1/2 to each
parent if
both are
alive
4. Illegit. ALONE=1/2 1/2 free Art. 4. Illegit. parents- All Art. 993
parents portion 903 ALONE
77
LEGITIMES OF ILLEG. CHILDREN/LEGIT. SHARES OF ILLEGITIMATE

PARENTS OR CHILDREN CHILDREN/LEGITIMATE PARENTS
a) Legit. 1/2 Arts. 903 and 896 1. a) Legitimate 1/2 Art. 991
1.
parents 1/4 parents/Ascenda 1/2 Art. 991
b) Illegit. 1/4 free nts
children portion b) Illegitimate
x x x children
2. a) Legit. 1/2 Arts. 176 (FC) 2. a) Legit. children 1/2 Art. 176
children applies. b) Illegit. children Each: 1/2 FC
b) Illegit. 1/2 of the If free portion is of the
child share of 1 not sufficient, free share of Art. 983
legit. child— portion will be one legit.
to come equally divided by child
x x x from free them.
portion
3. a) Illegit. 1/2 3. a) Illeg. Children All Art. 903
children None (being Art. 903 b) Illeg. parents none (Analogy)
b) Illegit. excluded) (being
parents 1/2 free excluded)
x x x portion
78
TESTACY: LEGITIME OF SURVIVING SPOUSE
1. a) SPOUSE: ALONE 1/2; 1/3; 1/2 Art. 900

x x x 1/2; 2/3; ½ (free portion)
2. a) SPOUSE 1/4
b) One (1) Legitimate 1/2 Art. 892
Child 1/4 (free portion)
x x x
3. a) SPOUSE Same share of 1 legit. Child Art. 896
b) 2 or more legitimate children 1/2
x x x Remainder is free portion
4. a) SPOUSE Same share of 1 legit. Child Art. 897

b) Legitimate Children c) 1/2 Art. 895;
Illegitimate Children Remainder not to exceed free Art. 176, FC applies if free
x x x portion portion is sufficient,
Otherwise, free portion will
be divided equally
5. a) SPOUSE 1/4 Art. 889 & 893
b) Legitimate Parents 1/2
x x x 1/4 is free portion
79
6. a) SPOUSE 1/4 Art. 903

b) Illegitimate Parents 1/4
x x x
1/2 is free portion

b) Illegitimate Children 1/3
x x x
1/3 is free portion

b) Legitimate Parents 1/2 (Cf. Art. 1000)
c) Illegitimate Children x x x 1/4
1/8 is free portion
9. a) SPOUSE 1/2 Arts. 1001 & 994

b) Brothers & Sisters None ***
Nephews & Nieces x x x ½ (free portion)
***– Reason: They are not compulsory heirs. Hence, they are
not entitled to legitime. They can become heirs only in intestate
succession (Arts. 1001 and 994) or if designated as devisees or
legatees, i.e. as voluntary heirs.
80
INTESTACY: INTESTATE SHARE OF SURVIVING SPOUSE
1. a) SPOUSE: ALONE ALL Arts. 995 & 994 (1st par.)

x x x

b) One (1) Legitimate 1/2 Santillon vs. Miranda.
Child 14 SCRA 563:
Arcenas vs. Cinco
x x x 74 SCRA 118
3. a) SPOUSE Divide estate by total Art. 996

number of legitimate
b) Legitimate Children children plus the spouse.
Spouse is considered as one child.
4. a) SPOUSE Same share as one legitimate See: Art 999

child
b) Legitimate Children 2 shares each and
c) Illegitimate Children 1 share each
(proportion is 2:1) Art 176, FC
x x x

b) Legitimate Parents x x x 1/2
81
INTESTACY: INTESTATE SHARE OF SURVIVING SPOUSE
6. a) SPOUSE 1/2 Art. 991 (Analogy)

b) Illegitimate Parents 1/2 Art. 889 (Analogy)
x x x
b) Illegitimate Children 1/2
x x x
8. a) SPOUSE 1/4 Art. 1000

b) Legitimate Parents 1/2
c) Illegitimate Children 1/2
x x x
9. a) SPOUSE 1/2 Arts. 1001 & 994

b) Brothers & Sisters 1/2
Nephews & Nieces (by
representation)
82
FIDEICOMMISSARY
SUBSTITUTION
83
FIDEICOMMISARRY SUBSTITUTION
1.) Testator bequeaths a property to a

first heir from the free
portion(fiduciary)
2.) First heir is directed to preserve it
for a second heir
3.) Both the first heir and the second

heir must be alive at the time of
death of the testator
84
FIDEICOMMISARRY SUBSTITUTION
4) The second heir shall acquire the

right to the succession at the time of
the testator`s death. If he later dies
ahead of the Fiduciary, the right passes
to his heirs.
85
NOTE!
1) If a voluntary heir (heir to the free
portion) dies ahead of the testator,
nothing passes to his own heirs.
2) An heir who repudiates his share in the

inheritance, may not be representated.
86
RESERVA TRONCAL
87
Art. 891 – Reserva Troncal
The ascendant who inherits from his

descendant any property which the latter
may have acquired by gratuitous title from
another ascendant, or a brother or sister,
is obliged to reserve such property as he may
have acquired by operation of law for the
benefit of relatives who are within the 3rd
degree and who belong to the line from
which the said property came.
88
Illustration:
(1) Origin (Ascendant: (3) Reservor (Ascendant)
Brother or Sister)
“F” “M”
Reservees
(4) (3rd degree
relatives of “C”) “C”
‘R” (2) (Propositus) Must acquire gratuitously
Legend:
(1) “F” – Father (Origin)

(2) “C” – Child (Propositus)
(3) “M” – Mother (Reservor/or reservista)
(4) “R” – 3rd degree Relatives (Reservees/ or reservatarios)
89
“F” died with a will. He gave a property (land) to son

“C” who later died intestate without any issue in the
direct descending line. “M” mother of “C” inherited the
property.
“M” must reserve this property for the relatives of “C”

falling within the third degree of consanguinity
(reservees ) because the property is subject to reserva
troncal.
Upon “M’s” death, the property shall be delivered to

the reservees (“R”) provided they survive the
reservor. If no reservee survives the reservor (“M”),
the property becomes part of the estate of the latter.
90
Problem:
(1) If “C” purchased the land from his father “F”
and later, he died without issue or child in the
direct descending line and without a will and
the land was inherited by his mother “M”, is
there reserva troncal? None. Reason: One
element is missing: The property was not
acquired by “C” by gratuitous title but by
purchase.
91
(2). If “C” acquired the property by reason of

compromise agreement involving hereditary
property, the acquisition is by inheritance.
The transfer is by gratuitous title; thus
subject to reserve. (Cabardo vs. Villanueva, 44
Phil. 186)
92
Meaning Of The Term “Dying Without Issue” –
The issue of a person consists of his children,
grandchildren, and all other lineal descendants.
(Osborn’s Concise Law Dictionary, 6th ed.).
93
Rights Of The Propositus. – The propositus is

the first transferee of the property in reserva
troncal . During the lifetime of the propositus,
there is no reserva yet. He is a full owner of the
property. He can therefore alienate the
property and defeat the seeds of reserva
truncal. He can even prevent the supposed
reservor from receiving it (by operation of law)
by causing its partition (See 6 Manresa, 315,
320).
94
Rights Of Reservor, Limitations. – The
reservor must have inherited the property by
operation of law (as share in legal succession
or as legitime in testamentary succession). If
he acquired it through other means, there is
no obligation to reserve.
95
The reservor may alienate or dispose of the

property during his lifetime but subject to
the reservation (Gonzales vs. CFI, 104 SCRA
479).
If the reservor has alienated the
property, his estate will reimburse the
reservees for the value of the reserved
properties which were alienated (See
Lunsod vs. Ortega, 46 Phil. 664).
96
Innocent Purchaser For Value Is Preferred
Over A Reservee When Property Is Registered.
– If the land is registered under the Torrens
System as free (i.e. no annotation of the reserva),
an innocent purchaser for value will be preferred
over a reservee (Tuazon vs. Reyes, 48 Phil. 844).
97
Not All Third Degree Relatives Of the

Propositus Would Qualify As Reservees;
Restrictions. – The propositus may have several
third degree relatives of different classes. Some
may be in the direct line, some may be nearer to
the propositus than the others.
98
In such event, preference is given to the
heirs in the direct line as against the heirs
in the collateral line; furthermore, the
well-settled rule that “the nearer excludes
the farther” applies (Florentino vs.
Florentino, 40 Phil. 480).
99
OBLIGATIONS &
CONTRACTS
100
I. Civil Obligation
- Gives rise to a right of action
a)Obligations imposed by law (support,

unjust refusal to support when urgently
needed, etc.
b)Obligations arising from contracts , quasi

contracts, crimes, quasi delicts or Torts
101
II. Natural Obligations

- does not create a right to take legal
action but after voluntary fulfillment by the
obligor, it authorizes the retention of what
has been given (e.g. support for an
unrecognized illegitimate child)
102
EXTINGUISHMENT OF
OBLIGATIONS
1. Payment;
2. Loss of the thing due or impossibility
of performance;
3. Condonation or remission;
4. Confusion or merger
5. Compensation (set off)
6. Novation
103
NOVATION
- may be express or implied. It
exists when there is a change in the:
1.Object (e.g. dation in payment)
2.Substitution of debtor (original debtor
is released)
3.Subrogation of a 3rd party to the rights
of the creditors (e.g. Insurance)
104
ELEMENTS FOR VALIDITY:
1. Unequivocal declaration of the terms
2. The obligations are incomparable
with each other
3. The first obligations must still exist
at the time a new obligation is
entered into.
105
JOINT OR SOLIDARY
OBLIGATIONS
106
JOINT
- The credit or debt shall be
presumed to be divided into as many
parts as they are creditors or
debtors.
107
SOLIDARY - Solidarity cannot be

presumed. It must be express
- Active solidarity exists among
creditors.
- Passive solidarity exists among

debtors
108
UNJUST ENRICHMENT
- When something is recievd
with no right to demand it;
Or, when something is delivered by
mistake, there is a duty to return it.
(Art 2154)
109
INTERESTS
- can only be claimed when there
is an agreement in writing. (same
goes for antichiresis which must
be in writing)
110
Quasi Delicts and Torts
Elements:
1. Act or omission causes damage to another
2. There is fault or negligence
3. No pre-existing contractual relationship
4. Obligation is created to pay for the
damage done
111
Quasi Torts OR VICARIOUS

LIABILITY (Art. 2180)
1. The father, and in case of his death, the mother,
for children under 21 and living with them.
2. Guardian with respect to minors or
incapacitated under their care
2. Owners of establishment for damage caused
by their employees
112
Quasi Torts OR VICARIOUS
LIABILITY (Art. 2180)
4. Employers of household help – while their
employees act within the scope of their assigned
tasks;
5. The State acting thru special agents or gov’t
agencies -- in the performance of proprietary
functions;
6. Teachers, principals, under Art. 218 Family
Code
113
Relevance to Torts
Art. 218, Family Code. The school, its administrators

and teachers, or the individual, entity or institution
engaged in child care shall have special parental
authority and responsibility over the minor child while
under their supervision, instruction or custody.
Shall apply to all authorized activities whether

inside or outside the premises of the school, entity
or institution.
114
Relevance in Torts cases
Art. 219, FC. Those given special parental

authority shall be principally and solidarily
liable for damages caused by the acts or
omissions of the unemancipated minor.
The parents, judicial guardians or the persons

exercising substitute parental authority over said
minor shall be subsidiarily liable.
115
Direct and subsidiary

liability
In criminal cases against their employees
for torts, the employers are only subsidiarily
liable;
In civil cases filed directly against

companies or employers for damages caused by
their employees, they are directly liable.
116
CONTRACTS
117
ELEMENTS
1. Consent of the parties
2. Object certain
3. Cause or consideration
118
VOID CONTRACTS
(not subject to
ratification)
119
1. Those whose cause, object or purpose

is contrary to law, morals, good
customs, public order or public
policy;
2. Those which are absolutely simulated
or fictitious;
3. Those whose cause or object did not
exist at the time of the transaction;
4. Those whose object is outside the
commerceKokoBar
of2019
men;Civil Law: Dean Rita Jimeno
120
5. Those which contemplate an
impossible service;
6. Those where the intention of the parties

relative to the principal object of the
contract cannot be ascertained;
7. Those expressly prohibited or declared

void by law.
121
These contracts cannot be

ratified. Neither can the right to
set up the defense of illegality be
waived.
122
VOIDABLE
CONTRACTS
123
VITIATED CONSENT
• Sale by a minor or one without legal
capacity
• Sale attended by force intimidation,

undue influence or mistake
May be annulled within four (4) years
124
RESCISSIBLE
CONTRACTS
125
Contract is valid but one party

breached it. The defect is in
the performance,
REMEDY:
1. Specific Performance or
2. Rescission with damages
126
UNENFORCEABLE
CONTRACTS
127
1. Those entered into in the name of

another person by one who has
been given no authority or legal
representation, or who has acted
beyond his powers (unless ratified);
2. Those that do not comply with the

Statute of Frauds, Art 1403 (2).
128
MUST BE IN WRITING and signed:
a) An agreement that by its term is not to
be performed within a year from the
making thereof;
b) A special promise to answer for the

debt, default, or miscarriage of another
(guarantee);
c) An agreement made in consideration of
marriage (donations propter nuptias)
129
d) An agreement for the sale of goods etc., at a

price not less than P500.00, unless the buyer
accepts and receives part of such goods or
partial payment is made.
When a sale is made by auction and entry is

made by the auctioneer in his sales book, at
the time of the sale, it is a sufficient
memorandum or evidence;
130
e) An agreement for the leasing for a longer
period than one year, or for the sale of real
property or of an interest therein;
f) A representation as to the credit of a third

person.
g) Those where both parties are incapable of

giving consent to a contract.
131
NOTE:
1. If there has been partial performance, not covered by the
statute of frauds.
2. If only one party is incapable of giving consent: VOIDABLE.
3. If both parties are incapable of giving consent:

UNENFORCEABLE
132
TRUST
133
TRUST
- fiduciary relationship with
respect to property subjecting a
person to deal with a property
for the benefit of another
134
1. Express
2. Implied (may be proved by oral
evidence
--Comes into being by operation
of law
135
Examples of implied trust:

1. Legally married man buys a property
for his paramour.
2. Lawyer, by fraud, transfers his clients`

property to himself.
3. Simulated sales to defraud creditors.

136
SALES:
- vendor must be the owner of the
goods being sold otherwise, buyer
acquires no better title.
Exceptions:
1.When vendee purchases them in merchant
stores, market, fair, or auction.
2.When the owner clothed the seller with
authority. KokoBar 2019 Civil Law: Dean Rita Jimeno
137
TRADITIO (Delivery) LONGA

MANU
- The thing cannot
immediately be put into the
possession of the buyer.
E.g. Sale of house and Lot or

parcel of land
138
TRADITIO (delivery)
BREVI MANU
- The thing is already in the
possession of the buyer.
E.g. Leased property purchased

by the lessee.
139
DOUBLE SALE (Art 1544)

I. For registered lands or real
property:
• The first to register has a

better right
140
II. For unregistered lands:
(Act 3344)
• Registration is without
prejudice to a 3rd person with a
better right.
• First in possession in good

faith has a better right.
141
PARTNERSHIP
142
PRINCIPLES:
1. Delectus personae: The right to
choose the persons who are admitted
as partners.
2. Partners may withdraw at anytime

although they may be liable for
damages if their withdrawal is
wrongful.
143
3. Partnership may be constituted in any form except

when real property is contributed. Must be in
writing.
4. Every partner is an agent of the partnership

except when acting beyond authority.
5. Limited partners are those who do not participate

in the day to day affairs of the partnership. Their
liability is limited to their capital as against the
general partners.
144
PROPERTY
145
CLASSIFICATION OF PROPERTY
A. MOVABLE
- includes incorporeal rights which have no

physical substance.
E.g. (chattel mortgage, shares of stock, etc.)
146
CLASSIFICATION OF PROPERTY
A. IMMOVABLES
1. By nature (land)
2. By destination (ornaments placed on buildings
attached permanently)
3. By immobilizing movables (attached to the ground)
4. Docks or floating structure
5. Animals in their breeding places;
6. Real rights over immovables, eg. REM, usufruct,
antichresis
147
WHY IS THERE NEED TO KNOW

THE DISTINCTION BETWEEN
MOVABLES AND IMMOVABLES?
Because the form for contracts involving

immovables is different: must be in a public
instrument, and registered with the
Registry of Deeds, etc.
148
Concepts to Remember
in Property
149
1. ACCRETION
- Gradual accretion of soil from the effect

of the current of the water.
To the owner of lands adjoining river

banks belong the accretion.
Accretion on islands formed in navigable

rivers belong to the state.
150
2. AVULSION
- a sudden and perceptible loss or
addition to land by the action of water.
• The segregated land remains as the

property of the owner who originally
owned it. Two (2) years to claim.
• Islands formed on seas or navigable

rivers belong to the state.
151
3. QUIETING OF TITLE
- Removing of cloud to the title because of

an instrument that appears to be valid but
is in truth, invalid.
E.g. (an annotation of a contract to sell

that was not perfected.)
152
4. Co-Ownership
- The resolution of the majority of the co-

owners shall be binding. Co-ownership is
discouraged. Any one may get out of it as
he wishes.
153
v Each co-owner has the right to

demand partition insofar as his
share is concerned .
Exception:
when there is an agreement:
(maximum of 10 years)
154
v For property bequeathed by
testacy with a prohibition
against partition- valid for 20
years.
155
q NO PRESCRIPTION
Prescription may not run

against a co-owner in favor of
his co-owners.
156
q LOST MOVABLES
– A person who loses a

movable or has ben unlawfully
deprived thereof may recover it.
Exception: when the possessor

obtained it in a public sale,
merchant store or in market
157
EASEMENTS
158
1. Continuous – use is incessant
such as easement of water.
2. Discontinuous- used at
intervals depending on the acts of
man. E.g. (Right of way)
159
3. Apparent – those that are seen

and open to view. E.g. (pathwalks)
4. Non-Apparent – no external
sign of their existence.
E.g. (drainage, water pipes)
160
1. Continuous and apparent
easements (pathwalks) are
acquired either by title or
prescription in 10 years.
161
2. Discontinuous
but non-apparent (Right of Way)
maybe acquired only by title, not
by prescription.
162
LEGAL EASEMENTS
163
The owner of real property

without outlet to a public
highway may demand a right of
way through payment.
164
Conditions:
1. Least prejudicial to the servient

estate;
2. Shortest distance to the public

highway.
165
EQUITABLE MORTGAGE (Art. 1602)

A deed of sale may be presumed to be an
equitable mortgage in any of the ff. cases:
1) The price of the sale is unusually

inadequate;
2) When the vendor remains in possession of
the thing allegedly sold.
166
EQUITABLE MORTGAGE (Art. 1602)
• 3.When the vendor binds himself for the

payment of real estate taxes,
• 4.Where it may be fairly inferred that

the real intention of the parties is to
secure the payment of a debt or
performnace of an obligation.
167

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CIVIL

The Family Code

The Family Code of the Philippines took effect

It was intended to supplant Book I of the Civil

KokoBar 2019 Civil Law: Dean Rita Jimeno

Chapter 1. Requisites of Marriage

(1)Legal capacity of the contracting parties (18

(2) Consent freely given in the presence of the

KokoBar 2019 Civil Law: Dean Rita Jimeno

Art. 3. Formal requisites:

(1)Authority of the solemnizing officer;

(2) A valid marriage license except marriages in

KokoBar 2019 Civil Law: Dean Rita Jimeno

Chapter 1. Requisites of Marriage

(3) A marriage ceremony which takes place with the

KokoBar 2019 Civil Law: Dean Rita Jimeno

A defect in any of the essential requisites shall

Irregularity in the formal requisites shall not

KokoBar 2019 Civil Law: Dean Rita Jimeno

Lex Loci celebrationis

Art. 26. Lex Loci celebrationis--Marriages

Where a marriage between a Filipino citizen and a

KokoBar 2019 Civil Law: Dean Rita Jimeno

Evolution of Art. 26 par 2

1.)Orbecido v Orbecido (both Filipinos at time of

2) Corpuz v Sto. Tomas (the Canadian husband was

KokoBar 2019 Civil Law: Dean Rita Jimeno

4) Manalo v. Republic ( The Filipino wife was the

KokoBar 2019 Civil Law: Dean Rita Jimeno

KokoBar 2019 Civil Law: Dean Rita Jimeno

Art. 35. The following marriages shall be void from the

(1) Those contracted by any party below eighteen years

(2) Those solemnized by any person not legally

KokoBar 2019 Civil Law: Dean Rita Jimeno

(3) Those solemnized without license, except those

(4) Those bigamous or polygamous marriages except

(5) Those contracted through mistake of one contracting

(6) Those subsequent marriages where the presumptive

KokoBar 2019 Civil Law: Dean Rita Jimeno

Art. 36. A marriage contracted by any party

KokoBar 2019 Civil Law: Dean Rita Jimeno

Art. 37. Marriages between the following are

(1) Between ascendants and descendants of any

KokoBar 2019 Civil Law: Dean Rita Jimeno

Art. 38. The following marriages shall be void

(1) Between collateral blood relatives

Chapter 3: Void Marriages

(4) Between the adopting parent and the adopted child;

KokoBar 2019 Civil Law: Dean Rita Jimeno

Art. 41. BIGAMOUS-- contracted by any person during

KokoBar 2019 Civil Law: Dean Rita Jimeno

Chapter 3: Void Marriages

There must be a declaration of presumptive

KokoBar 2019 Civil Law: Dean Rita Jimeno

Art. 42. The subsequent marriage referred to in

KokoBar 2019 Civil Law: Dean Rita Jimeno

Art. 43. The termination of the subsequent

KokoBar 2019 Civil Law: Dean Rita Jimeno

Art. 45. VOIDABLE MARRIAGES:

(1) Absence of consent by parents if 18 to 21 yrs of

KokoBar 2019 Civil Law: Dean Rita Jimeno

(2) Insanity --- by the spouse, who had no knowledge

(3) Fraud -- by the injured party, within five years after