ey SAN BEDA UNIVERSITY seb) COLLEGE OF LAW We 3018 CENTRALIZED BAR OPERATIONS MEMORY AID CIVIL LAW2018 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE Over-all Chairperson Chairperson for Academics Chairperson for Hotel Operations Vice Chair for Operations Vice Chair for Secretariat Vice Chair for Finance Vice Chair for Audit Vice Chair for Electronic Data Processing Vice Chair for Logistics Vice Chair for Membership Kates Jastin E. Aguilar Christine P. Monderin Cheska Arla C. Agrupis Mara Clara M. Estrella Mary Cyriell C. Sumanqui Artlyn Gem G. Seftoran Zaire Xandra M. Reyes ‘Asmenah M, Barambangan Martin Alec N. Bautista Marvie L. Pagcaliwangan LAYOUT AND CONTENT EDITORS Jordan N. Chavez Roger P. Cuaresma Joelle Mae J. Garcia Marie Anna Karla M. Regencia Jecko G. Bello Christopher Lawrence C. Ferriols Jean Claudette L. Galvez ‘Agatha Josephine V. Matabuena Jeremy M. Mercader Dentzen S. Villegas SAN BEDA COLLEGE OF LAW ADMINISTRATION Dean Vice Dean Prefect of Student Affairs Administrative Officer Legal Aid Bureau Director Atty. Virgilio B. Jara Atty. Marciano G, Delson Atty. Risel G, Castillo-Taleon Atty. Francesca Lourdes M. Sega Atty. Peter-Joey B. Usita 2018 CENTRALIZED BAR OPERATIONS CORE GROUP OVERALL Carmelo R. Aguilar Je, Ma. Angelica B. de Leon, Joseph Nicholas R. Serrano ACADEMICS Jecko G. Bello, Christopher Lawrence C, Ferriols, Jean Claudette L. Galvez, Agatha Josephine V. Matabuena, Jeremy M Mercader, Dentzen S. Villegas HOTEL OPERATIONS Dohn Albert E. Arquilizan, Ronalyn A. Gactla, Ruth P. Balladares, John Paul P. Bartolome, Hannah A. Caceres, Vincent Paul C. David, Lorenzo Thaddeus Ruel D. Galandines, Tagma Esther V. Garabiles, Carlo C, Saplan OPERATIONS Roi Christopher T. Dizon, Ursuline Grace .Feliciano, Ferdinand Elbert D. Joma Ir, Lydia Marie |. Mirabel, Ma. Lourdes M, Santos SECRETARIAT Ellaine Anne L. Bernardino, essica Sharla G. Bustamante, Jhelsea Louise B. Dimaano, Doane Kevin P. Jacinto, Graham Edison G. Ragsac FINANCE Jenica A. Aquino, Colleen F. Dilla, Lex Angelo A. Rosario, Kathrina Grace C. Sanchez, ‘Meriwila R. Tulayan AUOIT Ma. Consolada V. Ben, Arra Olmaya J. Badangan, Guenavere J. Hao, Lorelie M. Santos, Apollo Julius S. Sta. Maria ELECTRONIC DATA PROCESSING jordan N, Chaver, Roger P. Cuaresma, Joelle Mae J. Garcia, Marie Anna Karla M. Regencia LOGISTICS Daniel Philip V. Barnachea, Jose Emmanuel L Cabel Sophia Vietoria E. Mina, Fatima Miana |. Rodriguez, Hanz Darryl D. Tin MEMBERSHDP Eric Winson F. Cea, ‘Agatha Loren S.Faillor, Mark Benedict S. Francisco, Antonio C. Manaligod IV, Justine Renee C. Sison.CIVILLAW Subject Chair CZARINA MAYBELLYNE V. PACIS Assistant Subject Chair LORETO PLACIDO RUDOV E. BERNARDI Electronic Data Processing RONIFELLE L. BARRIOS ‘SUBJECT HEADS Persons and Family Relations THERESE ANJELICA M. BUERGO Property KRISTINE MAE A. CEDINO Obligations and Contracts JAMES BRYAN §, DEANG ‘CHERISH KIM B. FERRER Sales and Lease ALYSSA CHRISTINE C. DELA CRUZ, Partnership, Agency & Trusts. NINA ANDREA D. ALMODAL Credit Transactions JOSHUA. V. CONSTANTINO Succession SAMANTHA MARIE V. CONTRERAS Land, Titles and Deeds JULIA ANTOINETTE S, UNARCE Torts and Damages JESHA AINA F. NOBLE Conflict of Laws MIKKAELA BENEDICT S, MONES MEMBERS FLORAVICK ANA B. ABAYA CAMILLE S. BENEDICTO JEMIMAH FAYE I. BISDA ‘ANDREA D. BRIONES. MARY CHERWYN L. CASTRO BEA PATRICIA G. DANGAZO SARAH B. DE GUZMAN LIANNE MAE D. ENRIQUEZ RONALD A. FLORES GIUSEPPE CHRISTIAN M. HUEVOS KATRISHA ANALINE B. KOK MARIA ANGELICA R. LOVERIA ‘MARC RUSSEL ANN P. LUBANGCO IVAN CHRIS T. LUZURIAGA CARMEL MA. TARA T. MEDIODIA KEVIN CHRISTIAN A. PASION KIM ALYSSA M. REALINO FRANCES ANGELA V. SALVACION MARIA BEATRIZ R. VARONA ERICA C. VISTA, ADVISERS DEAN ED VINCENT S. ALBANO ATTY, MANUEL L. CASINO. ATTY. NICASIO C. CABANEIRO- ATTY. JOSEPH FERDINAND M. DECHAVEZ. ATTY. EFREN VINCENT M. DIZON ATTY. CHARLITO MARTIN R. MENDOZA ATTY. FRANCESCA LOURDES M. SENGA. ATTY. ROWELL D. ILAGANTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 PERSONS AND FAMILY RELATIONS EFFECT AND APPLICATION OF LAWS 1 EFFECTIVITY OF LAWS (ART. 2) 1 Newspaper of General Crculaton Riles on Period Provided by Statto Pubeaton NOT Required IGNORANCE OF THE LAW EXCUSES NO ONE (ART. 3) seni 2 Ignoranta Legis Non Excusat Conclusive Presumption Foreign Uw Not inetuded ‘iia Notice Destine of Precessual Presumption ‘Mistake in the Application as Basis of Good Fath NON RETROACTIVITY OF LAWS (ART. 4) Retroactive Law ACTS CONTRARY TO LAW (ART. 5) Mandatory Lawe Proniitory Laws WAIVER OF RIGHTS (ART. 6) Elements of Rights ‘ends of Rotts ‘Types of Patimenial Rights ‘Requlstes of a Vals Wawver Fights that cannot be waved REPEAL OF LAWS (ART. 7) re sees & Repeal ofa Law Types of Repeal Roques ofan impled Repeat Rule in Gace of Conflict beeen 9 General Law and a Special Law Etec tthe Repealing Law s Reet Repealed UUnconsttstona Statutes Operative Fact Decne Rules and Reguatons, Exocatve and Asminitatve Acts DOCTRINE OF STARE DECISIS (ART. 8) . ‘Stare decils et non quieta movare Dootine of Stare Decisis DUTY OF JUDGES (ART. 9) Legal Effects of Juietal Decsions How Judea Decisions May Be Abrogated ‘Admbistratve Decisions Duty of Judges Judi! Legistaton CUSTOMS (ARTS. 14 AND 12) «convenes pose 6 Requsies to Make a Custom an Obligatory Fle RULE ON PERIODS (ART. 13)... eon : ao. Rule on Patiods Poley ithe Lact Day is @ Sunday or @ Legal Holiday PROVISIONS ON CONFLICT OF LAW (ARTS. 14-17) Penal Lave and Laws of Puble Security Lave Retaing ta Family Rights and Outer, orto the Status, Condon and Lege! Capacty of Persons Laws on Property (Real and Personal), Laws on Fores and Solernties Rules on Personal Law: Domlliay Rule and Nationalty Rule Distinguished Renvol Dectine Rule'on Pronbiive Laws 2018 SAN BEDA CENTRALIZED BAR OPERATIONS 11TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 HUMAN RELATIONS Co a . 8 ‘Abuse of Right Exercise of Rights Doctrine of Volant Non Fini Dameum Absque injura Bete Contrary to Law ‘Ros Contra Bonus Mores (Against Good Morals) Matcous Prosecution PRINCIPLE OF UNJUST ENRICHMENT (ART. 22)... : 8 ar Gum Aeris ter Otero Protest ‘Asconn Rom Vers. Soltis indebe PREJUDICIAL QUESTION (ART. 36) \Whereto File Petten o Suspend ‘Crminat Prosecution Does Not ConsttutePreuscial Question to Adminisvatve Proceeding for Disbarment or Suspension of a Lawyer CIVIL PERSONALITY (ART. 37) . 10 ‘Cia Personaity 7 Person ‘Two Kinds of Persone utccal Capac v. Capacty to Act Theories on Capacty to Act Restrctons on Capacity fo Act oditcatonsimtatons on Capac to Act NATURAL PERSONS : 1" Begining f Personality ‘Wien is 9 Chia Coneeced Born How Civ Persona is Exingushes Presumption of Sunership Presumption in ease two persons who ae not called to succeed di inthe same accent JURIDICAL PERSONS .. ‘Who ace Jurca Persons Fights of Jundcal Persons R CITIZENSHIP AND DOMICILE soonennninnnnnnnnnes 3 Chizenship odes of Acquiring Ctzenship Domicte Residence v. Domicile Eloments of Domite kinds of Coma Requirements forthe Acquistion of New Domicle Rules In Determining the Dori of Jurdcl Persone FAMILY CODE 14 MARRIAGE senninnnnnnnne 14 Mamage ‘Absence of Real intention lo Establish a Life Togethers Insfficento Null the Mariage ‘Absence of Rea nian fo Estabich a Life Togather is Inuiftent@ Null the Marioge Fight io Privacy Preserved Breach of Promise to Marty [Essential Roquisies of Mariage Formal Requistes of Marriage ° Effects of Noncompllance withthe Requistes Mariage In Jest Common Lave Mariage Formal Requisites of Mariage: ‘A. uot of Solemnzing Offer 8. Vala Mamage Lcense MARRIAGE CEREMONY MARRIAGE CELEBRATED OUTSIDE THE PHILIPPINES o 2 VALIDITY OF MARRIAGE Same Sox Mariage of Fupins Abroad | 2018 SAN BEDA, CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Dorce Proat of Divorce ‘Capacity fo Remany must be Stated in the Decte of Diorce VOID MARRIAGES (ART. 35) . : ce Zz Void Mariage Kinds of Vou Martiages Imprescptbty ot Acton fr Declaration of Nulity Oriy te Spouses Can Fe Peon for Delran of Ny Declraton of tty Ns Pres Gusaton ‘tacking Vote Marie ‘usin Declaration of Nally Exception Tr” Voit Mariage Ove to Absence of ny of he Extenal or Formal Recuses I, Psyehotoga! neapaciy th, These Convary to Pub Poe Contracted IV. You Subsequent Mariages Determination # Pwo Perse Ar Rotates up othe 4 Chil Degree Views on Terminaon of Mariage on he “AntyProhten™ VOIDABLE MARRIAGES (ART. 45) 29 Vordable Mariage Ratiicaton/Ganfrmation Requisite of atfieation or Confrmation Reguisites for Annulment due to Impotence Doetnne of Trenmal Cohabitation Pendeney of Action for Annuiment ‘Decision on the Nulcaton of the Marriage Effects ofthe Decree of Annulment LEGAL SEPARATION arenes 35, Exclusive and Resticve Grounds fo" Legal Separaion FRA. 9262 AntiVielence Against Women and Chidren ‘Grounds for Denial of Petiton Effects of fing petion fer tegal separation Custody of Chie ‘Reconciaton af Legally Separated Spouses fists of Reconcitation ofthe Spouses Revival of Property Regime Etiecte ofthe Peiton for Declaration of Presumptive Death, Nulty of Mariage, Anruiment, and Legal Separation RIGHTS AND OBLIGATIONS BETWEEN THE HUSBAND AND THE WIFE a2 Rights and Obligations between Husband and Wife Elect of Neglect of Duy Exercise of Profession Rule in Case of Disagreement Ettct of compulsion PROPERTY RELATIONS BETWEEN THE HUSBAND AND THE WIFE .... sennnnnennnne 43 Governed by Commencement Mamage Settoront Effeacy of Mariage Setlement Moctfeion in Mariage Setiements ‘Donation by Reason of Mariage (Donations Proper Nuptias) Rules ft Case of Donation by The Would-be Spouses fo Each Other Donation proptarnuptias of Future Property ‘Donation proper mptas of Encumberes Property Rus on Donation between Spouses During Mariage ‘Grounds fr Revosaton ‘SYSTEMS OF PROPERTY REGIME 45 ‘Absoluto Community of Property Conjugal Parmershp of Gane Presumption Favor of Conugal Partnership Property Proot of Aoqustion during the Marrage Properties uncer Conugal Penneranip Dispestion of CPG Exclusive Property of each Spouse Dominion over Exclusive Propertios CCharges Upen and Obligations of ACP and CPG Brovisons Common to ACP and CPG 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 ‘Adminstration of Property ‘Remedies of Present Spouse in Case of Abandonment by The Other Spouse of Faure to Comply wih Obligations Grounds for Termination ‘Steps in Liguldation of ACP and CPG ‘Termination is Caused by Death of Either Spouse ‘Separation of Property and Administration of Common Property by One Spouse During the Mariage Causes of Jucioal Separation of Property Effects of Judicial Separation of Property Revival of Former Property Regime ‘Admoistraton of Exclosve Property ‘Comparison ot ACP and CPC. Regime of Separation of Property Property Regime of Unions winout Mariage THE FAMILY Family Relations Mandatory Pr Recourse to Compromise "Term “Sut Limite Cit Action or Ch Litily amity Home une of Provisions Regarding the Famity Home s7 PATERNITY AND FILIATION Paternity Fration| Legitimate chien Wegitmate Chicren ‘rite insemination Rule on Children Conceived as a Resut of Afi insemination Rules on impusning Legtimecy Grounds fr mpugning egtimacy Parties who can impugn Lagitimacy of a Chit No Presumption of Legtimacy Afer 300 ays Proot of Fhaton Acton te Ciaim Legtimacy Legtmates Chicren Ettects of Legiimaton Persons Ente to Question Legtimation {Groun for Impugnaton ‘ADOPTION : 65 ‘est Interest of te Child Nature of Adoption Proceesings Bomeste Adopton Act o 1958 (R.A, No, 8552) Wo may adopt Rul on Asopton by Spouses Car factor to be coneisered in evaluating prospective parents Wo may be adopted ‘Writen Consent of Biological Parents Etiecte of Acopton Rescission of adoption ‘Grounds fr Dsnhertance of Adoptee by Adopter Effects of Resesion Iter Couray Adoption Act of 1995 (R.A. 8043) Who may be adopted Presumption of aga adoption ‘SUPPORT ...... seen —s n Support Kinds Characterists Persons blige to supprt each oer ‘Orde of anit fceveral parsons ae obiged to give support Insuticeney of Mens to Give Support Applcaton ofthe Principle of UnistEnichment ‘amount of Support Demand for Support PARENTAL AUTHORITY oe on 73 Parental Authoety CCharactrsties of Parental Auton Parental Preference Rule Parental Authority is Purely Personal Rules on the Exercise of Parental Author Iv | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS,TABLE OF CONTENTS SAN SEDA MEMORY AID 2018 Rights of Parents wth Parental Atoiy Dies of Chen towards ther Parents. Rue of ital Prvlege Fal Privioge Apples only to Direct Ascendants and Descendants ‘Marta! Pavtoge Rules In Case Parental Authority Cannct Be Exercised Jonty ‘Subatitite Parental Author Incepabity te Provde Financial Suppor Inuient Reason ‘Special Parental Authority EMANCIPATION Effect of Emancipation 80 SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW Procedure FINAL PROVISIONS. Retroactive Exect 81 FUNERALS. ‘General Gudetines 81 USE OF SURNAMES .. Name Rules on the Sumame of 9 Maries Woman Use of sumame bythe Chi Idanty of Names and Sumames Usurpation a Name Elemente Appleaton for Chenge of Name 81 ABSENCE Diterent Stages of Absence Presumptive Death Extraordinary Crcumstances Under Art. 381 Kinds of Absence Presumption of Death of Absent Spouse CIVIL REGISTER Se nr 84 Duty of the Clerk of Court ‘Books ofthe Ci Register and Related Documents UUniawtt Alteraton Furtheranes of Autor ofthe Chit Registrar to Correct Clerical and Typographical rors Under RA No, 10172 ‘Author to ComtectCtizal or Typographical Evor and Change of Fest Name or Nickname ‘terial ox Typographical Eror : ‘Change of Name is a Pavioge ‘Grounds fo Changes of Name ‘Grounds fr Change of Fist Name or Nickname (RA, No. 9048) (Change of Middle Name Cancellation or Correction of Ente n the Civ Registry ‘Wino may fle Upon the fing ofthe petition, the cour shal ‘Oppasiton to the Petoon (Orders of Expeattng Proceesings Damassal ofPettion PROPERTY Property as a subject PROPERTY Gassiieaton of ings CLASSIFICATION OF PROPERTY ‘Oter Claseicatons af Properbes Importance of Classscation Right se Property (Gassiicaton of Real Rights Based on Dominion IMMOVABLE PROPERTIES ‘Types of immovable Properties MOVABLE PROPERTIES Kinds of Movable Propertios ‘2018 SAN BEDA CENTRALIZED BAR OPERATIONS |vTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Claceteation of Movabies PROPERTY IN RELATION TO WHOM IT BELONGS. Propery of Puss Dominion Property of Private Ovmership Patimonial Property ofthe Sate Property of Poti! Subdivsions OWNERSHIP . 97 Kinds of Ounership ‘Seven Ativtes of Ownership Characters Cimtatons LEGAL REMEDIES TO RECOVER POSSESSION OF PROPERTY cesses 9B FotcbleEntyv. Urlawul Detainer ‘cons to Recover Principle of Set Help Fight to Enclose of Fence ‘Obigation to Respect the Rights of thers Doctrine of Incomplete Prlege or Sate of Necessity Rule on the Deptvation of Property Hidden Treasure Right of Owner tote Fruits ‘When Natura Fats and insta ruts Deemed to Exist Fue for Civ Fruts 25 Distinguished from Natural and Incustial Fruits Right of Accession with Respect to Real Property ‘Accession inca ‘Table of Rghts and Obsigatons ‘Applicaton ofthe Rules, nen Co-Ownership is Terminated by Patton Property Sld by the Government Due 0 Delinquency ‘Options of te Uandowner Remedies ofthe Parties, nots 9 Buderim Good Fath (Good Fath May Co-ewst wih Negigence ACCESSION NATURAL Etec of Aczieton on Registered Lands Fle on Uprooted Tove Indemnieaton of Onner ofthe Land Upen Which Uprocted Trees may have been Cast RIGHT OF ACCESSION WITH RESPECT TO PERSONAL PROPERTY ‘Aguneton'Conjuncton Mate Specticaton QUIETING OF TITLE ‘ 17 ‘ation io Quiet Tile Crows on Tate Requisttes forthe Existence of Cloud on Tle ‘Kings of Action Retertes Preserve Penod Duty of Paint fo Retum Benefits and Expenses RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING CO-OWNERSHIP seeccsnneceensnvaneee . Go-ownerstip Requstes Characters Sources Rigi of each co-owner as tothe thing owne in common Rules on Renunciation Perpendicular Ownership Rules inthe ABSENCE of Conary Provision inthe Tiles of Ownership or Agreement ‘Admiitraton v Aeration Rights as to the ideal Share of Each Co-owner Sale or Morigage of Common Property ah ofa Co-owne’ to Demand Partin Prohiton fo Parton Bocauce ofan Agreemer Righs/Paricipaton of Creditors and Aasignees ofthe Co-owners inthe Partiton Parton n Case Co-Ovmere Cannot Agreel-egal Parton Eftcs of Parton Causes of Terminaton of Co-ownership cessonnsoneceanssnseeeenesnseene sn 120 \i| 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 THE CONDOMINIUM ACT (R.A. 4726) ... reer ‘ 126 CCondominen Unt Project Condominium Corporation Documents Coneider Fights and Obligations of Condominium Qunersilncdens of @ Condominium Grant Common Areas Exceptions Grounds fr Partition SOME SPECIAL PROPERTIES - : 129 WATERS. Laws Governing Waters Clacetaton MINERALS Laws Governing Minerals Néneral Lands ‘TRADEMARK AND TRADE NAMES Nar Service mark Trade Name laws Governing Trademarks and Trade names POSSESSION ........... . - cesessnneeeeenese 129 Concept Possession Distinguished from Ownership Degrees. Classes ‘According tothe Name Used as tots Estence According to the Concept of Possession ‘According othe Condon of tre Mind Extent of Possession Presumptions in Favor of the Possessor Object ot Possession [ACQUISITION OF POSSESSION Econ requirements for sequring possession Manner of Aequirng Poscession Rules nthe Acquistion of Possession ‘Aexulstion by Succession ‘Acquttion by Minors and Ineapsctates Persons Modes Through Which Possession Cannot Be Acquired Confit Between Several Claimants Gita mn Caze of Dispute EFFECTS OF POSSESSION Rights of Every Possessor Possession n the Concap of an Owner or En Concapto de Dueno Kinds of Ties Possession in the Concept of Holder Rules on Co-Possession| Necessary Expenses Useful Expenses ‘Omamenta/Luxury Expenses Loss OF POSSESSION. POSSESSION OF MOVABLES ‘Theor of revindcabaty ‘Summary af Recovery cr Non-Recovery Principle Possession of Aims USUFRUCT ...... . . . 137 Usutuct ‘Tee (3) Fundamental Rights Pertaining to Ownership Characteristics RRequlsttes of Usufuct Claseiicatons of Usuituet Rules Governing Usuuc ‘SPECIAL USUFRUCTS Rules for Quaa-Usttruct RIGHTS OF THE USUFRUCTUARY ‘Asto the Thing and ts Fruts Ries on PENDING NATURAL or INDUSTRIAL FRUITS. Other Rights ‘OBLIGATIONS OF THE USUFRUCTUARY BEFORE EXERCISING THE USUFRUCT Requistes Before Caucon Juratora is lowed 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | iTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 kings of extraordinary repairs [AT THE TERMINATION OF THE USUFRUCT RIGHTS AND OBLIGATIONS OF THE OWNER DURING THE USUFRUCT Extingushment of Usutuet LUsuttuct on a Buling actor the Land Concemed Payment of insurance on te Tenement Hedin Usutuct Ruan Case of Expropriation Effect of Bad Use ofthe Property Held in Usutuct Rue n Cace of Mutpie Usuitvet ‘Summary of Rights and Obigatons of a Usutractuary EASEMENT OR SERVITUDE sean 148 Easement Charactenstes Ciaesiicaton Mages of Acquistion Dominant Owner Rights of a Damnant Owner ‘Obigatione ofa Dominant Owner ‘Serent Owner Rights of 8 Sertent Owner ‘Obligations ofa Servet Owner Exingulsrnent of Easements, (ther Causes for Extnguishment of Easement LEGAL EASEMENTS Kinds of Legal Easements Classes af Private Legal Easements Easement of Drainage of Wsters Eavoment a Right of Way Easement of Right of Way forthe passage of Livestock or Sevcumbres Pecuarias Eatoment a Party Wall or Servdumre e Medianars Easement of Light and View Easement of ranage of Bulings Intermediate Distances and Works fr Certain Constructions and Plentings Easement Against Nuance Lateral and Subjacent Support NUISANCE ee 164 Negigence v. Nuisance Classes of nicance| Remedies against Pubic Nuisance Remedies against Private Nusance Exrajude Abstement Defenses in acons rer damages based on nuisance Roles of Oficrs win Reepuct to Punt Nuisance REGISTRY OF PROPERTY ..... 7 166 REGISTRATION ‘Systems of Registration heats of Registration DIFFERENT MODES OF ACQUIRING OWNERSHIP Mode Tie Traction or Detvery Kinde Modes of Losing Ownership and Other Real Rights 168 OCCUPATION . 168 ‘Occupation Roques Specie stances Ros ao Lost Movables DONATION . vs 168 Donation Requistes scent! Features/lements of True Danation Classiteton Instances of Donations Inter Vivos Instances of Donations Morte Causa Donation between Spouses vil | 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 ‘Donation Prohibited by Law Forms of Donations LUtatens on Donation of Property Effcts of Donation Ground for Revocation of Donation Summary or Rules of Revocaton PRESCRIPTION 178 Concept Kinde Rationale of Prescription Presenption and Laches Distinguished CCapacty to acaure by preserpton Sbjct ot Praseripton Characteristics of Possession to be the Basis of Prescriptan RRenunciaton of Presciption Already Acquis ‘Kinds of teruption of Possession reserpion of Acton ues on Compatalion of Perog Rights nol Extngushea by Preserpbon ‘SUMMARY OF PRESCRIPTIVE PERIODS Imteruption of Prescripton of Actions. OBLIGATIONS AND CONTRACTS OBLIGATIONS bigation ‘hueiea! Necessi Elements of Ob6gaton Prestaton Kinds of Prestation Kinds of Obigatons Sources of Obigations 1388 NATURE AND EFFECTS OF OBLIGATION 192 OBLIGATION TO GIVE (Real Obigation) Obigatans ofa Debtor Obiged to Give 3 Doterminat or Specife Thing Duties ot 2 Debtorin an Obtigation fo Give an indeterminate oe Generic Thing OBLIGATION TO DO (Postive Personal Obigation) ‘OBLIGATION NOT TO DO (Negative Personal Obigation) Breach of abigaton DBiterent Modes of Breach ‘ines of Fraud ‘Standard of Oiigence Recuired Kinds of Deiny FORTUITOUS EVENT PAYMENT OF INTEREST UNDER THE OBLIGATION Remedies of Cradtor incase of Beach of Obligation DIFFERENT KINDS OF OBLIGATIONS ne 208 CLASSIFICATION OF OBLIGATION Pure Ovigations Coneena! Obligations Possible and impossible Conditions In Obligations to Give (Real Obligations) In Obligations to Do o: Net to Do ‘Obligations wah a Period ‘Akemative and Facultative Obligations Facutatwe Obigaton JOINT AND SOLIDARY OBLIGATIONS vibe and indvbie Obsgations Obsigatons witha Penal Clause EXTINGUISHMENT OF OBLIGATIONS Extinguishment of Obigations Payment or Peromance Requistes of Payment kinds of Payment CCharectenatos of a Vala Payment Ettects of Payment Special Foms of Payment 237 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |xTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 ‘ation in Payment (Dacion on pag0) ‘Lega! Tender ‘Appicaton of Payment Paymant by Cestion “Tendor of Payment Consignation toss of the Thing Ove Candonation or Remission of Debt Confusion or erget Compensation Requtsies of Novation Objective Novation ‘Novation by Substiaton of Debtors Novation by Subrogation {ga Subrogation, ‘COMPROMISE Requistes kinds Cheracterstes Enecs of Compromise 261 CONTRACTS a . soon 262 CONTRACT Elemente of Contract Stages of Contacte Ciaesfeation of Contracts CCharecterisics of Contacts ESSENTIAL REQUISITES OF A CONTRACT 206 CONSENT. Requises of Consent ‘Acceptance Vices of Consent Persons Incapactated to Give Consant oevecr Requisites of Object {Tings which eanot be the Object of Contracts cause. Essential Requistes of Cause Emtec of Lack, legally, Falsity or Inadequacy of Cause FORM OF CONTRACTS : 7 soon 278 Fm of Contracts Formate for vaisty CCantacts which Must Appear in Witing Contacts which Must Appear in 2 Public Document Contracts Which Must e Registered REFORMATION OF INSTRUMENTS. Reformation of Instruments Reason Roquste CalsesGrounds for Reformation ‘Who May Ask or Reformation INTERPRETATION OF CONTRACTS utes on Setting Doubts in Contacts 280 COMPARATIVE TABLE OF DEFECTIVE CONTRACTS a : sens 284 RESCISSIBLE CONTRACTS. Rescissbe contacts Concept of Rescssion CCheracteristes of Rescesibie Contracts Roquttes of Rescssion Contac that are Resclesibe Partos Who May Inttute Action Eflect of Resclsion Edent of Reselsson Preszrpive Period for Aton for Reselsson . 286 | 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 VOIDABLE CONTRACTS . 290 Voidable Contracts CCharacerstes of Voidabie Contacts Modes to Exinguish an Acton for Annument Presetipive Peto for Action for Anquan’ Ration Who May Insitute Acton for Annulment Ett of Annuiment Cbigaton of tual Reston Ete of Fare (a Make Resttuton ‘Where the thing lst UNENFORCEABLE CONTRACTS sent 202) LUnentorosable Contract (Characteristics of Unenforeable Contracts Contacts Covered by he State of Frauds ppieabity of the Statute of Frauds to Executry Contracts Ratieation of CorracsIninging the Statute of Frauds VOID OR INEXISTENT CONTRACTS — sone 294 ‘Void o Inerstent Contracts CCharactenstis of Vous Contacte Prnepie of n Par Dolio Etc when Both Partes ae a Fault andthe Act Constitutes a Criminal Otfense Enfcs when Only One is at Faul and the Act Constitutes a Grminal Ofiense Etecs when Bath Parts ae at Fault andthe et does not Constitute a Cominal Onenae NATURAL OBLIGATIONS. : 295 Natura Obigations “Two Concttans Necesear for Natural Obigatons Conversion into Cl Obigation ict Obigations Restuton by Minor Payment by Kenoe ESTOPPEL o 296 Estoppel Distinguished trom Waiver Distinguished trom Ratton Kings of Estoppe! Llacnes or Sale Demands Elements of Laces SALES AND LEASE SALES cose sesesse 300 Contact of Sie ELEMENTS OF A CONTRACT OF SALE Phases or Stages of Contac of Sale CHARACTERISTICS CONTRACT OF SALE DISTINGUISHED FROM OTHER KINDS OF CONTRACTS .......... 302 Sale v. Agency to Sell Sale v. Contras fr A Piece of Work Sale. Barter Sale v Daton in Payment Sale v Lease Contract of Sale v. Contacto Set ‘Xbsolte Contract of Sale v. Condtonal Contract of Sale ‘CONDITIONAL SALE V. CONTRACT TO SELL Contract of Sale v. Option Contract ‘Option Conwct Right of First ets Res Governing Auction Sales OBJECTS OF SALE cosets see - 309 Rights Tange Goode 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |xTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Empio Re Speretae Emptio Spe PRICE REQUISITES FOR VALIO PRICE Manner of Payment Must be Agreed Upon GROSS INADEQUACY OF PRICE Voluntary Sales Involuntary or Forced Sales Rescesble Contracts of Sale Exstence of Sala Even When No Price is Agreed Upon FORMALITIES OF CONTRACT OF SALE When Form is Important in Enforeabity I Notary Pubte Ie Not Authorized Implied n Fact Contract of Sale CAPACITY TO BUY OR SELL Absolute Incapacity Relative Incapacty Incapacity by Reaton of Relation to Property SALE BY NON-OWNER Sale by owner Sate by ronowner Sale by Seller wih Voldable Tie Tite a5 0 Movable Properties Pubie sale EFFECTS ON THE CONTRACT WHEN THE THING SOLD HAS BEEN LOST Etfct of Loss of Thing at he Time of Sale ‘Thing Entirely Lost Thing Para Lact Effet of Lose n Case of Specfe Goods Speetie Gooas Sale Dvsile Sale Indie NEGOTIABLE DOCUMENTS OF TITLE Document of Te Kinds ‘Negatable Document of Tite How Negotiated Who may Negotiate Eftocts of Negotiation UUnavtrorzed Negotiation 'Non-Negotiable Document of Tile How Transfemed or Assignd Effects of Transfer Transfer of Order Document without Indoreement Waranles on Negotiaton or Assignment Rules on Levy / Gamishment of Goods OBLIGATIONS OF THE VENDOR Obiigations ofthe Vendor Transfer of Ownership Excapions (Cases Whore There Is Reservation of Ownership Despte Delivery) Delivery of the Thing Sols ‘Kinds of Delivery Delivery by Execution of Pub instrument Tracto Syratca Trato Longa Manu (Long Hand Delivery) ‘Trade Brew Manu (Short Hond Delivery) Tract Conatutum Possessorium Guest Trade “radon by Operation of Law Datvery tough Carter INSTANCES WHEN THE VENDOR IS NOT BOUND TO DELIVER Place of Deivery ‘Sale on Acceptance, Tal, Approval, r Satisfaction Sale or Return xil| 2018 SAN BEDA CENTRALIZED BAR OPERATIONS 312 315 316 318 320 320 323TABLE OF CONTENTS SAN BEDA MEM@RY AID 2018 Sale by Description Sale by Sample Completeness of Davey Double Sale RULES ON PREFERENCE ‘Appabilty ofthe Rule of Caveat Emptor PURCHASER IN GOOD FAITH Davory of Frut and Accessones Warranty KINDS OF WARRANTY When impled Warranty NOT Applicable Waranty that Seer has Right fo Sel Warranty against Eviction Warranty against Non-Appacent Burden or Sertudes Warranty agaist Hiden Defects ‘Aerative Remedies ofthe Buyer to Enforce Warranty Warranties in Sate of Goods / Warranties f Quality Warranty ot Fines ‘Warranty of Merehantailty OBLIGATIONS OF THE VENDEE PRINCIPAL OBLIGATIONS, Fights of the Buyer Effect of Refusal to Accept Goods Without Just Cause MODES OF MANIFESTING ACCEPTANCE. Payment . ce eaa| REMEDIES FOR BREACH OF CONTRACT Rescision in Case of Breach of Paty orin Case of Lesion ‘Remedies of the Seller Invease of mmavabies Seller's Right of Acton forthe Price ‘Seller's Right of Acton for Damages Unpald Seter REMEDIES OF UNPAID SELLER ‘cle 1484 of Recto Law Purpose of te Recto Law ‘Altemalve and Exclusive Remedies Seller's Assignment of Croat RIA. 6552 or Maceda Law Purpose ‘ Coverage REMEDIES OF THE BUYER 345 RISK OF LOSS AND DETERIORATION AND ITS EFFECTS ...........00.. o5 358 {loss of the thing BEFORE PERFECTION of the contract {Loss ofthe tng AT PERFECTION of he contract Loss ofthe thing AFTER PERFECTION BUT BEFORE DELIVERY ‘ter Delivery EXTINGUISHMENT OF SALE .. Gauses of Exingushmet Conventional Redemption NATURE OF CONVENTIONAL REDEMPTION Period of Redempton Exercise of Redemption Equtable Mongage Legal Redempton Batis and Nature ofthe Right of Legal Redemption REQUIREMENTS FOR THE EXERCISE OF THE RIGHT OF PRE-EMPTION OR REDEMPTION OF URBAN LANOS. Poe of Redemption ASSIGNMENT OF CREDIT... Nature of Assignment of Crect EFFECTS OF ASSIGNMENT ENFORCEABILITY AGAINST THIRD PERSONS EFFECT OF PAYMENT BY THE DEBTOR AFTER THE ASSIGNMENT OF CREDIT WARRANTIES OF THE ASSIGNOR OF CREDIT LIABILITIES OF THE ASSIGNOR OF CREDIT FOR VIOLATION OF HIS WARRANTIES 360 370 BARTER Barter 372 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |TABLE OF CONTENTS SAN BEDA MEMORY AiD cole RULES GOVERNING BARTER LEASE : : ‘Concept and Nature of Contract of Lease KINDS OF LEASE AS TO THE SUBJECT MATTER CHARACTERISTICS OR REQUISITES FOR LEASE OF THINGS ‘Consideration of Lease RULE FOR LEASE OF CONSUMABLE GOODS Lease of Real Property to Ans ‘Where Lease Contract Amounts io Virtual Transfer of Ownership Lanse for are Than One (1) Year {ease as Personal or Real Right ASSIGNMENT OF LEASE BY LESSEE 37 SUBLEASE . 7 coos 87 RIGHTS OF THE LESSEE To SUBLEASE RIGHTS OF THE LESSOR IF SUBLEASE IS PROHIBITED BUT SUBSEQUENTLY ENTERED INTO BY THE LESSEE RESPONSIBILITY OF A SUBLESSEE TO THE LESSOR ‘caion Directo ‘Warranty ofthe Lessor OBLIGATIONS OF LESSOR on ‘OBLIGATIONS OF THE LESSOR ‘Where Lease Correct Contains Right of First Refusal RULES ON ALTERATION OF THE FORM OF THE LEASE RULES IN CASE OF USEFUL IMPROVEMENTS ANO ORNAMENTAL EXPENSES * ‘TRESPASS IN LEASE Presumption of Receipt of Thing Leased in Good Consiion Responseilty ofthe Leseae for Deterorabon or Los of Thing Leased OBLIGATIONS OF LESSEE 38: ‘Obligations ofthe Lessee REMEDIES . : 38: Remedios ofthe Lessor Remedios ofthe Lessee. INSTANCES WHEN THE LESSEE MAY SUSPEND THE PAYMENT OF RENT Rules on Extension ofthe Lease Period Rule the Lessor Objects tothe Lassee's Continued Possession mmplied New Lease (Tecta Yeconuecion) Purchase of he Leased Property Pretminary Mandatory Injunction to Restore Possession Grounds for he Termination ofthe Lease SUBDIVISION AND CONDOMINIUM BUYER'S PROTECTIVE DECREE 387 Purpose National Housing Authority Registration of Projects, LUcanee to Sl Performance Bone Exempt Transactions Suspension of License fo Sel ‘Grounds forthe Revocation of Registration ofthe Ceti FRogisters of Subdivision Lots and Condominiam Unts Regitation of Dealers, Broke, and Salesmen (Grounds forthe Revoeation of Registration as Deslere, Brokers or Salesmen 7 License o Set of Owners of Dosers ‘THE CONDOMINIUM ACT (RA. 4726) ..... od RENT CONTROL ACT (R.A. 9653) : Seen erent) Purpose Coverage Lit on Increase in Rent ‘Assignment of Lease or Subseasing Greunds for Judea! Ejectment Proniilon against Ejecment by Reason of Sale or Mortgage xiv | 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 PARTNERSHIP, AGENCY & TRUSTS PARTNERSHIP 301 Pannersip Requisites fr Existnce of Partnership Parnersip 2s Separate Personality ‘General Professional Partnership CGheracteristos of Partnership, Eeeontal Requsites dit Vertue Requistes Efoct of Fallure to Comply with Statutory Requirements Rules to Determine te Existence ofa Partnership ‘Testof Parnernip Existence Inadents ofa Partnership Persone Not Parnes as to Each Other tte of Uriawful Partnership Etec of Partial egal, Form of Partnership Contact Partnership wih Contribution of immovable Property Claseiteaton of Partnership Salient Features of Ordinary Partnership Universal Partnership Protecsional Partnership Kinds of Partners OBLIGATIONS OF THE PARTNERS ae es 405 Relations Create by A Contact of Partnership Some Obigatons ofa Parner ‘Some Rights ofa Partner Partnership Term Kings of Partnership at Wit ‘Obigtione of Parinere among Themselves ‘Obigation wth Respect to Contribution of Property ‘Obigation to Contrbute Captal ad Adational Capital Sbigation of Managing Parner Who Colects Debt ‘Obigaton of Partner for Damages to Partnership Responsibity ofthe Parnership t Parbers Rules for Dstibuton of Profs end Losses Management of Parnership Contract of Sub-Pernership Rights ota Partner Duty fo Give True and Ful information Property Rights ofa Parner Ubi of Parnersap for Acts of Instances of imped Authorization Conveyance of Property Setongng to Partnership Pare by Estoppel and Partnership by Estoppel abies ot Partners by Estonpel DISSOLUTION : eae 4. Dissoition 2. Winding Up 3. Termination Etec of Dissolution on The Partners Eft of Deeoion on Membership ‘TYPES OF DISSOLUTION Extrajuical Dissolution SuceslDissluton iUmving tre Causes of Dissolution EFFECTS OF DISSOLUTION Rights ofa Partner upon Dissolution Manner of Winding Up Persons Authorized to Wind Up Rules Fy Setting tho Accounts batween Partners afer Distoltion Change n Membership, Cause of Dissolution ‘Gontnuaton of Dissolved Partners Business by Another Company Rights of Retiing or of Estate of Deceased Parner When Buinoss le Continues LIMITED PARTNERSHIP ees - : 432 Lite partnership Ccharacteristios of Lied Partnership 2016 SAN BEDA CENTRALIZED BAR OPERATIONS | xvTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 ‘Advantages ofa Limited Partnership LUabity ofa Limited Panter for Participating in Management of Partnership General Rte on Lab of Lined Parner Management ofa Linted Parneship Fights. Powers, and Lables ofa General Partner Fights of@ Led Partner Lables of Linted Parner (Causes of Diesouton of a Lad Partnership ‘Amendment of Ceriicate or Arles of Partnership Requttemens for Canceltor Amendment ofa Certieate AGENCY a3¢ (Charactestios of an Agency Contact Distinct Characteristic of a Contract of Agancy Parts tothe Contract of Agency Purpose of an Agency Elements of an Agency Kinds of Agency Fonts of Agency Forms of Acceptance by Agent ‘Kinds of plied Acceptance ‘Manner of Teminaton o Resciscion of Agency ‘Agency fr Compensation {Labty of Prinepal to Pay Compensation (Castes and Kings of Agents Kinds ot Authonty tects of Agent's Acts OBLIGATIONS OF THE AGENT 4ag ‘General Obigatons of an Agent to Prep Spectte Obigntions ofan Agent Principal Sub-Agent nec of Substation “oint Agents Lapa o oine Agents Labi of an Agent to Tied Persons Scope of Agents authorty as to Thr Persons Methods of Broadening and Resticing Agents Authority Broker ‘Spectie Obligations ofa Commission Agent Commission of Brokers OBLIGATIONS OF THE PRINCIPAL eer soos 458 General Obigatons of Principal to Agent ‘Spectie Obigations of Pracpal to Agent Labi of Ted Persons to Principal Solitary Uabity Kind of Pledge n Article 1914 Nature of Agents Fight of Lien bit for Agent's Met Acts MODES OF EXTINGUISHMENT OF AGENCY resumption of Continuance of Agency Modes of Exingulshment af Agency [Baves of the Modes of Exingushment Efict of Daath im case of Mule Agents oss of destruction of subject matter Revocation of gency by Prncpal Notice of Revocation inde of Revocation Implied revocation may be affected Effects of Revocation Third Persons Revocation at Wil 463 TRUST eee ee cose 488 Trust Concept of Trust Tustor as tustee or beneary ‘Trust Distinguished fom Other Relations Glassteatons of Tt Formaliies of express Tust ‘ands of Express Trusts Necessity of Asceplanee forthe Creation and Vality ofa Trust Relationship Exingulshment of Express Trust vi] 2016 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 -Acaustive Prescription 23 « Made of Aequiting Ownership Requisdes of Tastes to Clam Tile by Pescrption Implea Trust Ksds of implied Fst Preserpton CREDIT TRANSACTIONS GENERAL PRINCIPLES . . 479 Crit Transaciions Batiment Creation of Baiment Parties in Baimest kinds of Contactval Bximent kinds of Baliment for Hire LOAN (ARTS. 1933 ~ 1961) ee pee . 480 Contact of Loan ands of Loan Charecteretes Cause or Consideration Nature COMMODATUM (ARTS. 1935 - 1952) ...... 482 Characters of Commodatum Kinds of Commodtam Eftecs ofthe Pancole that Commedatum is Purely Personal ‘Obigations ef The Batee Prinaipal Cbagatons ‘Other Obigations ‘Obigations ofthe Bator MUTUUM (ARTS. 1953 - 1955) ..... : : 485 Contact of Mutwum Berter Farms of Payment INTEREST (ARTS. 1956 - 1961) 486 Kinds of iterest Requisite for Demandabilty of Interest Factors That the Monetary Board Consider in Fang the Maximum Rates or Rates of rtrest Uapity for Iterest inthe Absence of Stipulation Ruse on Accrued Interest Discounting abity fr Surcharges and Penalties Usuy ‘Vat of Unconscionable Interest Rate ina Loan Recovery of Unstpulaed intrest DEPOSIT (ARTS. 1962 ~ 2009) - 490 Contract of Deposit Principal Pupose Characterctes Kinds of epost Efiects of the Incapacity ofthe Depositary or Depostor ‘Obligations of A Depostary Depesttary's Right of Retention ‘Rule When an Hal ofthe Depastor Sol the Thing Deposited ‘Shigatione of The Depostor EXTINGUISHMENT OF VOLUNTARY DEPOSIT NECESSARY DEPOSIT ‘ther Kinds of Necessary Deposits ‘SuDICIAL DEPOSIT GUARANTY (ARTS. 2047-2084) 499 Contact of Gusranty tassiicatons of Guaranty Gentracto Surtyehip Etfect when a Party Binds Himsat Solidarity Nate of Suretyship’s Undertaking 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | >iTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 (Characteristics of Guaranty and Sureyship ‘Secunty of a Conditional Obligation ‘Construction of Guaranty Contract Strety Distinguished trom @ Salary Debtor Guarantor Distnguishea rom the Debior ‘Absenes of Consideration to Guatantor Gubranty of Future Debis {Eaent of Guarantors Liablty (Guatfcatn ofa Guarantor abit of Heirs the Guarartor Dies ‘Aczaplance of Gusenly and Notice Thereot by the Creditor Righis or A Guarantor ‘Benefit of Excussion Benet of ion Fight to Contribution of Guarantor Who Pays There ea Sodary Litt Right of Indemnity or Reimbursement Fight of Guaranor to Proceed Against Debtor Before Payment Figntto Subrogation ‘Guaraner of thir person not presenta he request of another Entec of Compromise Extnguistment of Guaranty Guarantors lea Released inthe Folwing Instances Defenses Avaiable to Guarantor Against Crector LEGAL AND JUDICIAL BONDS. PLEDGE AND MORTGAGE a ‘COMMON PROVISIONS OF PLEDGE AND MORTGAGE Fst Commonalty- Essent Requites ‘Secong Commonalty: Proibon Against Pactum Cammissoriom ‘Thed Commonaly: Kinds af Obigatons thel Can Be Secured Fourth Commanaity nviily Consequences of indy Fith Commonly: Concept of Possession of Mortgage or Pedgee ‘Sith Commonalty: Retention of Ownership Seventh Commonaly. Ptomise to Conctute Pleege of Mortgage Rule on Accommodaton Pledger or Mortgager PLEDGE Contract of Pesge Nature Special Requsts Kinds of Plaage Chorasterstice Rights of the Pledgor Obigatons ofthe Pledgor Rate ofthe Pledges Obiigatons ofthe Pledgee Prohiiien Against Double Pledge Right of Tied Peroon to Satisfy Obsgation Extnguishment of Pepe Requirements for Sale of Thing Ptedge at Pubic Aucton Etfoct of Sale of te Thing Pledge LEGAL PLEDGE. Remey of Creditor in Legal Pledge REAL MORTGAGE Characteristics of Real Morgsge Ereence of Contract of Mertgage ‘or Conederation in Mortgage Diigence Required of » Morigagee-Bank origages Gregor v. Jusgment Gredtor Extent of Mortgage Registration of Mortgage Sipuations on Mortgage Contacts Special Rights Right 9 Mrtgegor Rights ofa Morgagee ‘Kinds of Foreclosure [EXTRAJUDICIAL FORECLOSURE ‘Morigage Under Act No. 1508 ‘Remedy of Debler Agatieved by Foreclosure under Act No. 315 vel 2018 SAN BEDA CENTRALIZED BAR OPERATIONS 509 512 515TABLE OF CONTENTS SAN BEOA MEMORY AID 2018 Notes on Posting and Publeatien Under Act No, 3135 Effet of adequacy of Price na Foreclosure Sale Federption Efecto Flue to Redeem Nature ofthe Right of Redemption Reguistes of a Valid Exercne ofthe Right of Redemption ‘Summary of Periods of Redemption Prsons Ente to Exerese Right of Redemption Payment of Redemption ‘Amountof the Redmon Pie Remedies of Norgagor after Ferecosure Sale ANTICHRESIS (ARTS. 2132 - 2139) : 529 Contract of Antichresis haracterstes ‘Special Requites Provisions indicative of Contract of Mortgage Rights ot Arched Creator ‘Obligations of Aichretie Cretor Remedies of Creditor in Case of Default CHATTEL MORTGAGE (ARTS. 2140 - 2141) Contract of Chet! Mortgage CChoracteristes Laws Governing Catt! Norgage ‘Special Requistes Properties Held o Be Mortgageabie Under the Chatel Mortgage Law Creston of A Chate! Mortgage EMfcts of Registration Effect of Faure to Register Chattl Morgage in the Chattel Mongage Reply Foreciosure of Chat! Mortgage Cut Action to Recover Creat Fight of Mortgages to Recover Deficiency Right of Redempton under Act 1508 Fight Acquire by the Second Mortgagee and the Subsequent Purchaser Rights ot Anche Creator Obligations of Anteretie Creator Remedies of Creditor in Case of Defaut 531 CONCURRENCE AND PREFERENCE OF CREDIT ....... 537 Concurrence of Crete Preference of Crests Nature and Efect of Preference Res on Preference Applcasse When ‘The Financial Rehabitaton and inolvency Act FRIA) of 2010 (RA 10142) Insetvert Gams Covered by FRIA Monetary ang Noo Monetary Claims Ugokdation Process Uguidation Plan Fights of Secured Crectors Rehabiltaton Usbity of Debts Propery for His Obigations Rule on Co-Ownerehip Rise invoving Property Held in Tust First Category: Special Preferred Credits |Win Reference to Spectic Movable Property Under Art, 2241 of tho Civ Code ‘Wit Reference to Spectic Immovable Property under At 2242 of the Cv Code ‘Seoond Category Orsinary Prefemed Credits “Td Catagory: Common Credits Nature of Clams or Credss in Atices 2241 and 2242 ofthe Civil Code Nature of Clams or Cris in Arie 2244 ofthe Civ Code ‘Steps in Applying the Ful in Preference and Concurrence of Greats Sale of Assets tv Liquidation Setting-of and Neting under the FRIA QUASI ~ CONTRACTS (ARTS. 2142 ~ 2176) a 545 Quasi Contact Bases for Quasi Contracts INEGOTIORUM GESTIO Requisites of Negotiorum Gest. Responsibities of fhe Ofcous Manager Responses of he Over When is Management Bxtnguished 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | xixTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Solutio inde Requistes of Solutio Indebit Prmary Responsibly ofa Payee Other Quashcontacts| SUCCESSION SUCCESSION ‘Succession ‘Bases of Succession Kinds of Succession Elements ‘Subjective Eloment Cavtal Element Death (Objective Element «555 TESTAMENTARY SUCCESSION - 559 wa Kinds Modes Characteristics INTERPRETATION OF WILLS ee 560 le on Mistakes and Omission How Ambiguts Are Cured Kinds of Vat in respect to Wate Governing Law on Formaltios ‘Aspects of he Wil Governed by National Law of he Decegent INTERPRETATION OF WILLS ee 562 Who Can Make a Wat The folowing Greumstances do NOT affect testamentary capacty fect of Ceram inirmiios FORMALITY OF WILLS Kinds of Wits (Objects of Formaltis of Wits Common Formaities ofa Wil NOTARIAL OR ORDINARY WILL Subscription ‘Atestation and Subscroton Marginal Signatures Page Numberings ‘Atestation Clause (AC) Notaral Acknowledgment ‘Adational Pointers on Foals of Notanial or Oreary Wit Holographic wil Formate Enrely Wetton bythe Hand ofthe Testator EEntrely Dated bythe Hand ofthe Testator EEntrely Signed by the Hand of the Testator Execute in a Language or Dialect known fo the Testator ‘Adatonal Pentre on Flographic Wit ‘ont wis: 563 CODICIL AND INCORPORATION BY REFERENCE es 872 Cot Incorporation by Reference FRoquistes fora Vail Incorporation by Reference REVOCATION OF WILLS AND TESTAMENTARY DISPOSITION . 873 Revoeaton los for Revocation Modes of Revocation REPUBLICATION AND REVIVAL OF WILLS. : 876 FRepubtcation Kings EMecs of Republication by Vitue ofa Cost 212018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 1. Express Revocation of the First Wi 2. Impled Revocation ofthe First Wit Prncile of nstanter ALLOWANCE AND DISALLOWANCE OF WILLS Probste Other Names for Probate ‘when Probate & Commenced Necessity of Probate Imprescrptbity of Probate Efecto Alowance of Wil Grounds for Diealowance of Wil Ratiicaton INSTITUTION OF HEIRS Institution Fundamental Basis ofthe Law of Testamentary Succession ‘Order of Peterence Requistes fora Vaid Inetuton Reatetions on Disposition ‘Specal Kinds of Class intone Institution of Brothers and Sisters Institton Based on a False Cause Institution on Atquet Parts Preterion SUBSTITUTION OF HEIRS Subetition ‘General Limtation Purposes Effect of Substtuton ‘Simple or Common or Vulgar Brief or Conpencious Reciprocal Fidelommiesar or Inctet Substition Dispostion of Usurut to Various Persons Fights of auciary Obligations of Hduciary 877 580 585 CONDITIONAL, MODAL TESTAMENTARY DISPOSITIONS AND TESTAMENTARY DISPOSITIONS WITH A TERM The instttion of an hee may bs UMITATIONS 1 Brindle of Untouchabity ofthe Lege 2° Sabinean Doctine 4 _Prahations on Mariage Kings of Condon ‘Kinds of Term Modal nstsion Doctrine of Constructive Fuiment LEGITIME Legiime Purpose of Legitme Principal Systems of Distibutton of Herectary Property Kinds of Legitime Campusory Hers nds of Compulsory Heirs Summary of General Rus Table of Legiumes 1. Legiime of Legitimate Descendants 2. _Legime of Legtimate Ascendants 5. _Legitme of Surviving Spouse 4. Legtime ofegtimate Descendants 5. _Leptime of Megitmate Parents Reserva oneal taivoran tte Property ropostus Revenveta Reeervataros Property Subject o Reservation ‘Theories onthe Value f Reserva 590 593 2018 SAN BEDA CENTRALIZED BAR OPERATIONS |TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Ettects when Raservatario Acquires Right Causes for Exinguishment of Reserva Trance Prineiple of Untouehtiy of Legit ‘Steps n Distribution of Estate tere are Donations Meaning of Colton Reduction of Testamentary Dispostons ane Donations DISINHERITANCE Disnhertance Roquisies, Ettacs of Disinereance Etc of Imperfect Danhortance ‘Common Causes for Dismhertance of Chilren or Descendants, Parents or Aecendants, and Spouse Pecular Causes for Danhertance ‘Grounds or Revocation of Disnhertance Entec of Subsequent Reconellaon tect of Subsequent Reconciiaton I ground for Disinhertance i Unworhiness to Suceaed Right of Representation in Danhetance LEGACIES AND DEVISES Persons Charged wih Legacies and Deviees Extent of Liabity of Legatees/Devises Lbity when No One ls Charged PPncple of Utouchabity of he Legiime of Computtory Heir LLegacy/Devise of Things Belonging to Another LagacyDevise of Tings Belonging Party to Another Etc of Patton when the Property is NOT Die Etec of Acquistion by Legatee Legacy of Creat and Remission of Debt Kinds of Legacy of Remission of Debt Lgacy to Creators ‘terative Legacies/Devices Generic Legacies and Generic Devises LlegacyiDevise Subjected fo Suspensive Term Logacy/Devise Subjected fo 9 Suspensive Condtion (Grounds for Revocation of Legacies and Devises LEGAL OR INTESTATE SUCCESSION Legal or itestate Succession Characteristics : ‘Causes of intestacy Rules onitestate Succession Rules on Relationship Ineapacty Repudiaton Fight of Ropcosontation Representation n Det Descending Line Representation in Collateral Line Representation in Adoption Repuciaion by Representative Intestate or Legal Heirs Regular Normal Oraerof Succession reguiev/Atnormal Order of Succession Prnepie of Exclusion Prneple of Concurrence Rises of Oviion Rise of Preference ‘Assignment of Property ‘Wen to Fle a Clam Cardinal Princes of Intestate Succession MIXED SUCCESSION AND PARTIAL INTESTACY Mixes Succession PROVISIONS COMMON TO INTESTATE AND TESTATE SUCCESSION Right of Accretion Requisites of Right of Accretion ‘Summary of the Eftects Capacity to Succeed by Wl or ntestacy Requisttes nds of neapacty to Succeed ‘AbaoluteIneapacty soil | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS 606 610 615 622 623TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Relative neapacty Pardon of Aets of Unworthiness Effect of ineapacty upon Compulsory Heirs Remedios Against isqualified Her ‘Acceplance and Repudiaton of Invertance ‘Reveptance Fepudiaton Manner of Acceptance ‘Manner ot Repudiaion Effet of Acceptance and Repudiation Concepts of Cotton Persone Oblged to Collate What to Colate Properties NOT Subject to Callation Equalization of shares Parton and Distbvton ofthe Estate Partition kings of Parition Under the Rules of Court Who May Efect Paton ‘Two Ways of Parton by the Decedent Wino Can Demand Parton ‘When Parton Cannat Se Demanded ‘Canetuetve Parton Requisies of Legal Redemption Effi of Patton Ful on Obigaton of Warranty Resoasion and Annulment of Paton LAND TITLES AND DEEDS LAND TITLES AND DEEDS : 635 Land Tite Deed LAND REGISTRATION pee ee 635 Land registration System of Registration i the Philgpines Laws Implementing Land Registration Purposes of Land Registration Etiecs of Regiswaton Advantages of Registration REGALIAN DOCTRINE : 637 Concept Constitutional Basis Exception to te Rogalian Doctine TITLE Tie Certeate of Tle Modes of Acquting Tie 637 TORRENS SYSTEM .o..ccccsssecesssssees . 639 Torrens Systm ‘avantages of The Torrens System Purposes ofthe Torn Syetem Effects of issuance of Te Registration under Act No. 3944 Intective against Third Persone. ‘Two Types of Torrens Ceieate of Tile ‘Agencies implementing Land Registaion Proceedings under the Torens System ADMINISTRATION OF THE TORRENS SYSTEM oo... nr 641 Land Registration Authority FRogister of Deeds Hodes of Registering Land Ties Caseticaton of Lande ower to Ciassty Landis an Executive Prerogative ‘Specie Kinds of Non Registrable Properties of Lande SYSTEMS OF REGISTRATION 643 1. Otignat Registration 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | xlTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 2. Registration under RA. 8371 (Indigenous Peoples Rights Act of 1997) 3. Subsequent Registration CITIZENSHIP REQUIREMENT a4 Natural Persone Corporations ORIGINAL REGISTRATION . oe 645 Nature “eredtion in Civ Cases involving Te to Property P.D. 1629 (PROPERTY REGISTRATION DECREE) 645, ‘Overview of the Requistes Survey Fring of Apptication Traramtta Publeaton Serie af Notice Answer Hearag Decree of Confimation and Registration Enty of Decree Sending ané Transcrplion ofthe Decree C.A. 141, SECTION 41 (JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE) 653 ho May Apoiy Filing of Aopletion Publeation, Mating and Posting Evicence root of Private Ownership Insutfeent Pract of Oanerehip root inufcent to Establish Prvate Right or Ownership CADASTRAL PROCEEDINGS 658 Involuntary Proceeaing Purpose Period ot Flog “lunsction ond Powers of the Cadastral Court in Cadastral Proceedings [tions Taken by te Cadastral Cour st the Tl R.A. 8371 (INDIGENOUS PeoPLes RIGHTS AcT OF 1997) : 660 Indigenous Peoples Rights Act (PRA) of 1997 (RA. 8733) Consbtitiona Bass ofthe IPRA. Inaigenous Cultura! Communitesindigencus Peoples (ICCa!Ps) Ancestal Domaine ‘Ancestral Lande Native Tite {ime immemorial “Two Moges of Acquiing Ancestral Domains and Ancestral Lands ‘Requlsties for Reglsvaton of Ancestl Lands Certfeate of Ancestal Land Tale (CALT) Gerieate of Ancestral Domain Tile SUBSEQUENT REGISTRATION (P.D. 1529) .. zs 661 ‘Subsequent Registration ues arto the Nooessty and Etfects of Registration in Genera ‘Kinds of Tansactons Affecting Lands Ongnally Registered Voluntary Deaings Requirements nthe Process of Registration in Voluntary Dealings Mitor Doctine Exceptions tothe Applicat ofthe Mire Decne Forged & Fraudulent Deed may be the Root ofa Vaid Tike CConveyances and Transfers Canying Over of Ereumoronces INVOLUNTARY DEALINGS Involuntary Dealings afectng Registered Land which must be Registre ‘tachment ‘averse Clim Notice oft Pendens voi | 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN SEDA MEMORY AID 2018 HEARING, JUDGMENT AND POST JUDGMENT INCIDENTS IN ORDINARY LAND REGISTRATION Hearing dudgment artal Judgment PstJadgment Incidents Wt of Possession 687 REMEDIES 68 Remedies of grieved Pary in Registration Proceedings Before Judgment Becomes Final ‘Mote for Reconsieraton Mote for New Tea ‘Aner Judgment Becomes Fina but Before lssvance of Decree of Regltration Annulment of Judgment isan of Dear of Registration ‘Appeal from Judgment Petton for Review ofa Decree Pelton for Relet fram Jadgrent ‘tion for Recanweyance ‘Acton for Damages Caneatlaton Sute (Crminat Action ‘Acton for Compensation fom Assurance Fund {Quietng of The ane DEALINGS WITH UNREGISTERED LANDS. 672 Resocaing of Instruments Relating to Unvegistered Lands Effects of Traneactone Covering Unregistered Land Procedure for Regitration PPhmary Enty Bock ana Registration Book Involuntary Deaings win Resped to Unregistered Lancs DECREE OF REGISTRATION : 673 Purpose Fatty ofthe Decree Peri of eeuance ofthe Decree Excopion Decree of Registration Cannot Be Issued Pencing Appeal CERTIFICATE OF TITLE sae 878 Contieate of Tie Splting or Consolidation of Ties Altibtes and Limitations on Certificates of Tie anc Registered Lands General ncaents of Registered Lana Registered ind othe owners there are nt releved from the folcwing LAND PATENTS 676 Public lands sultale for agicutural purposes are disposed as flows “Tite incetenibe. Restriction on Alenation’Encumbrance of Langs Tiled Pursuant to Patents ‘Actone Against Improper legal Issuance of Patents, Residential Free Patents The salient prowsions RECONSTITUTION OF CERTIFICATE OF TITLE . 679 Reconstitution of Cricate of Tle Purpose kinds of Reconstitution Sourees for sud! Reconsttuton of Tite Sources for Administaive Reconetsion of Tale Publleaton, Mating and Posting n Petitions for Reconstitution of Tie OTHER PETITIONS/TRANSACTIONS AFTER REGISTRATION 680 fmendent ana Arto f Ceres of Tle Grounds for Penton rounds for Surrender of Wnnels OupesteCatcate of Tite Replacement of ost Duptrate Catete of Tie Gtounde Tor Amendment orCorecton oie 2018 SAN BEDA CENTRALIZED BAR OPERATIONS I «vTABLE OF CONTENTS SAN BEOA MEMORY AID 2018 TORTS AND DAMAGES TORTS Tons {Basic Purposes of Torts Law General lasses of Fons Persone Who Can Sue and be Sued or Tort Remedies for Torts Proserigion on Double Recovery kinds of Tort Libis NEGLIGENCE Negligence Kinds Degrees of Negtgence: (Cups Aquitane er Quast Det. Requstes ‘TEST OF NEGLIGENCE Teste of Foveseeabity Gircumetances That May fect the Determination of Negigence ‘ests to Determine the Existence of Negligence Gireumetances Materal in Determining Negligence ‘Gther Factors to Consier in Determining the Presence of Negigence ‘irmative Dulles ana Miscelaneous Actes Persons Made Responsibe for thers Persons Vesriously Lisle Persons Libis fr Acts Committe by Minors one Exercising Parental Autor other tan Parents LUapity tor Acts of hove NO Longer Kinars olor Vehicle Mishape Registered Owner Rise sbi (Cua Criminal or Criminal Negligence CCupa Contractual or contractual Negigence Defenses In Negigence Cases Principle of Darmum Absque Inula DEFENSES Docinne of Contnbctry Negigence Docitne of Comparatve Nogigence Imputed Contibutory Negligence ‘osdiont Dosing of Assumption of Risk Volent Non Ft inure Dostine of Last Cear Chance Other sefoneos Benth ofthe Defendant CAUSATION Causation Proximate Couse Remote Caure Nearest Cause Concurrent Causes Etfcint intervening Cause Unforeseen and Unexpected Act or Cause INTENTIONAL TORTS: HUMAN RELATIONS, ‘Abuse of Right ‘acs Contrary to Moca Acts Contra Bonus Mores Sole ined TORTS AGAINST HUMAN DIGNITY "A. Violation of the Right of Privacy 8 ntererence wih Famay and Other Relations C__Vexation and Humiaton ‘TORTS WITH INDEPENDENT CIVIL ACTIONS \Vielaton of Cal and Poltial gris Defamation. ‘Group Libel Physealinicies ‘Civ Liabity arising trom Debct ve | BOIS SAN BEDA CENTRALIZED BAR OPERATIONS 682 68s . 703 708 709TABLE OF CONTENTS SAN BEDA MEMORY AID 2018 STRICT LIABILITY Types Animale Fling Laity of mptoyers Nuisance Product Liblty by Manufocturers Burmese Torts DAMAGES amnum Absaueinuris kinds of mages Recoverable kinds of Damages ‘Actual o¢ Compensatory Damages ‘Damages in Case of Death toss of eaming Capacity Lose of Profte ‘Altomeys Fees Interest Moral Damages Nominal Damages “Temperate or Moderate Damages Lguléated Damages Exemplary or Cortective Damages Summary of Damages CONFLICT OF LAWS Confit of Laws or Private Intemational Law [Basie Cause for Conf of Laws Case ‘Thre. Fold Functions of Private Intemational Law Elements of Confit of Laws Remedies of Confit of Laws Sources History and Development JURISDICTION kinds of suisicton in Confit of Laws. ‘Stops dealing wit a problem in Confit of Laws ‘TYPES OF JUDICIAL JURISDICTION “. dunadeion over the pereon 2. Sunsdeton ove the Res 4. Jnasiton aver the Subject Mater ‘Basie Principle underying At Rules of Jursdicton Principle of Farum Non Conveniens root of Foreign tow Etiect of Faure to Plead or Prove Foreign aw CHOICE OF LAW é ‘Theories in Justiying the Applicaton of Faeign Law in Confcts Caves 1 Theery af Comty 2 Vested Rights Theory 3 Local Law Theary 44 ‘Theory of Justice (Cavers Principles of Preterence) 5. Harmony of Laws Theory NATURE, COMPOSITION & CHARACTERIZATION OF CONFLICTS RULES .. Confit Rules “Two Kinde of Confict Rules Parte of Confiet Ruts Characterization of Docrne of Quaiication or Cassication ‘Steps fn Charactorizaion ‘Two Types of Chafacertzation under the Single-Aspect Method Rules on Gharactenzation of Procedural and Substantive Rules Proposed Sobitans tothe Problem of Characterization PERSONAL LAW Ditferent Thacies of Personal Law ‘lsticaton of Personal Law ‘Natonaity or Personal Theory or Lex Nationa! 722 727 742 748 747 749 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | oiTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 “Two Kinds of Capacity ‘Acausion of Natonalty Modes of Naturalization Erect of Naturalization on Wife and Chien Brobloms in Aplyng the Nationally Prac in Dual or Mutiple Citzenship ‘General Prngpes in Dealing wth Confit of Nabonaty Lave Gavsee of Muiple Ctizonship wo Senses of Statalesnene Causes of Staloiessness CITIZENSHIP RETENTION AND RE-ACQUISITION ACT OF 2003 (R.A. NO. 9225) 751 Declaration of Poicy Relenton of Phippne Ciizenship Derivative Citizenship ‘Cw and Pottca Rights and Lsbities Domicliary of Terorial TheoryiLex Dam DOMICILE i Legal Cassifeation of Dome ‘Verve in Estate Proceedings Two Kinds af Parpation 9 he Individual Concerned General Rules on Demise, 752 RENVOI Renvoi Four Ways of Treating the Renvol Problem Double Renvor ‘ranemission How to Resolve Renvol Problem inthe Absence of Deinitve Laws onthe Matter Waiver of Remo) 754 PERSONAL STATUS AND CAPACITY oc... fi 755 ‘Synopsis of the Rules on Statue Kinds of Capacty FAMILY RELATIONS Mariage NMartage as a Contact Mamtage Contracted Outsite the Phiippines Rules on Extrinsic Vals of Ceca Stuns Maced Mamages Mariage ae 4 Status ‘Synopsis ofthe Rules on Mariage a8 a Status Phiippine Rule on Property Ralstons Doce of Immutabiy of Matimonal Property Regime ‘Absolute Divotes (A Vino Matron) ‘The Hague Convention onthe Recognition of Divorce and Legal Separation uses on Divot in the Philppines. Limited Recognition of Divatee Obtained Abroad Etects of Divorce Obiined Abroad bythe Freier Spouse Logal Separation or Relative Diorce (A Mensa Et Thomo) Confit Rules on Legal Separation ‘Grounds for Legal Separation ‘ere Legal Separation Should Be Fi [ANNULMENT AND DECLARATION OF NULLITY STATUS OF CHILDREN Ugltmacy end ieptimecy Legiimaton ‘Adoption {leg effects hat Flow from Adoption GUARDIANSHIP FUNERALS. 755 PROPERTY a Elements of Conic of Laws on Property Ownership Ler stus ox rel sae Rites on Conveyance of Property Pans Convention forthe Protection of Industial Property (Philippines @ Member county) ‘Sauce ot Fights of Foreign Natonals ‘Sources of Fight and Legal Remedies for Trademarks Right of Foreign Nationale Petaning to Tracomarks Fights Peraning fo Patents ‘Requirerents Tor Foreign Patentoo's Right to Fle en infingement Sut 763 vow | 2018 SAN BEDA CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAN BEDA MEMORY AID 2018 Rights Guaranteed by the Beme Convention for Copyright Holders CONTRACTS oe a 767 Contract Instances of Fereign Element in Contracts Primacy of Contractual Stpultons {Mfect of Indeterminate Appeablly of Choice of Law ‘Three Poste Laws that may Goveen Intinse Valid Capacity to Enter nto Contracts (CHOICE OF LAW ISSUES IN CONFLICTS CONTRACT CASES. ‘mitation on Chotoe of Law International lr Transportation ‘Transpertalon by Successive Carters Enforcement of Foreign Contract Claim WILLS AND ADMINISTRATION OF ESTATE «.....c00scccsessssssssessensees 770 “Two Theories in determining the Proper Law for the Transmission of Sucsessional Rights ‘Synopeis of Coie Rules en Was, Succession, and Acmaitstion ‘Other Rules in Phlppine Coates Law Intorpotaton of Wile Revooston ofl, ‘Administration of Estates Principal Demcliary Aamanisaton Holograptic wils| Confit Rules ia Person Dies Intestate (Gull Law Counties (Priipines) GADUCIARY RIGHTS TORTS ee 773 Basis Conceps of Place of WranglLocus Dalits ‘Obigation Theory Modern Theories in Determining Labltyfor Tort, Comparative Impament Test ‘Gholeetntuencing Considerations Approach Kiberg Doctrine {Ler loo! delet commission Marte Torts Entorcement of Ciaim for Foreign Tort, Conditions forthe Enforcement of Tor Clie ‘Allon Tort Act ofthe United States CRIMES . 775 Fle of Genera in Criminal Caw ‘Theories on Jursciton to Try Criminal Cases/Theerles on Extatertoral Competence ‘Symopets af Cones Rules on Cres BUSINESS ASSOCIATIONS ........ ‘Syropsieof Cone Rules on Jutcical Persons Etfct of Recogniton of Foreign Business Associaton ‘Theotes of recognton CCorporation/Parnership Theavis onthe Personal or Governing Law of @ Corporation Demise or Residence of Foreign Corporations Vality ef Corporate Acts and Contracts Jiuiscicon Over Foreign Corporations arent and Subsicary Corporations Right of a foreign corporation to ring sut Efect of Falure to Secure a cense t Transact Business Foreign Corporations and Compulsory Counterlams, Recognition and Enforeament ot Foren Judgment Philippine Rule onthe Effect of Foreign Judgment ‘Three Modes of Enforcement of Jsgment Reasons for Retusal by a Local Count to Recognize or Enforce a Foreign Judgment Procedure of Enforcement of Judgment inte Priippnes Foreign dudgment must conform with the Consthultnal Requcements . 776 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | xxTHIS IS THE INTELLECTUAL PROPERTY OF THE SAN BEDA COLLEGE OF LAW 2018 CENTRALIZED BAR OPERATIONS THE UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, OR DISTRIBUTION OF ANY OF THE | CONTENTS OF THIS BOOK IS STRICTLY PROHIBITED.PERSONS AND FAMILY RELATIONS SAN BEDA MEMORY AID 2o1e EFFECT AND APPLICATION ‘The Civil Code took effect on August 30, 1950. Errecriviry or Laws (Art.2) General Rule: Laws shall take effect after 15 day following the completion of theic, publication in the Offical Gazette, or in a newspaper of general Circulation inthe Philippines (CIV CODE, Art, 2 as amended by E.0. No. 200 (1987). \ No one shall be charged with notice of the statute's provision until publication is completed and the 15- day period has expired. (Nagkakaisang Maralita ng Sitio Masigasig Inc. v. Miltary Shrine Service, GR. No. 187587, June 5, 2013) Hie Exception: Unless otherwise provided by the law. (CIVIL CODE, Art. 2). Note: The clause “unless itis otherwise provided" in Ant 2 solely refers to the 15-day period and not to, the requirement of publication. Publication is an ispensable requisite; the absence of which will violate due process as it would deny the public knowledge of the laws thal are supposed to govern It (Nagkakaisang Maraiita ng Sitio Masigasig Inc v. Military Shrine Services, G.R. No. 187587, June 5, 2013). Newspaper of General Circulation To be 2 newspaper of general circulation, it is, enough that it is published for the dissemination of local news and general information; that it has a bona fide subscription lst of paying subscribers: that itis published at regular intervals (Fortune Motors Phils inc v. Metropolitan Bank and Trust Company, GR No. 115068, November 28, 1996) The term “newspaper of general circulation” does ‘not mean that it is a newspaper with the largest Circulation. The fact that there are other newspapers. having larger circulation is unimportant (Basa v. ‘Mercado, G.R. No. L-42226, July 26, 1935). Rules on Period Provided by Statute A, ‘longer period than the 15-day period the'\period provided in the statute shall prevail DA(STA. MARIA,” Persons and Family Relations Lain (2018), p. 4) [nereinafter STA. MARIA] Takes effect immediately - It shall take effect Mediafely after publication with the 15-day being dispensed with (Tafada v. Tuvera, . No, L-63915 April 24, 1985) provision as to its effectivity ~ It takes effect “15 days following its publication (CIVIL CODE, Ait. 2:/1 PARAS, Givil Code of the Philippines ‘Annotated (2016), p. 14) hereinafter 1 PARAS]. Ss Note: if the taw declares that it shall be effective “15 ‘days after its publication’, it means that its effectivity is on the 15" day after such publication. IF the law declares it shall be effective “after 15 days following its publication,” ts effectivity is on the 16% day thereafter (RABUYA, The Law on Persons and Family Relations (2017), p. 4 & 8) [hereinafter RABUYA\, Coverage (PLAC*E) 1. Presidential Decrees; 2. Laws which refer to all statutes, including local and private laws; EXECUTIVE COMMITTEE KATES JASTIN E. AGUILAR Over ‘Chairperson CHRISTINE P, MONDERIN Chairperson for Academics, CCHESRA ARLA’C. AGRUPIS Chairperson fr Hotel Operations MARA CLARA NU ESTRELLA, Vice Char for Operations MARY CrUELL'C. SUMANQUI. Vee (Chair for Secretariat, ARTLYN GEM @ SERORAN Vie Chair for France, ZAIRE XANDRA ML REYES. Vice Chair for. Ault [ASMENAI x BARAMBANGAN Vice Chairfor Electronic Data Processing MARTIN ALEC N. BAUTISTA Vice Chair for Logistics MARVIE 1. PAGCALIWANGAN Vice Chair for Membership SUBJECT COMMITTEE CZARINA MAYBELLYNE_V. PACIS Subject Chair, LORETO PLACIDO. -RUDOVE. BERNARDEZ Avsitant Subject Char, RONIFELLE L. BARRIOS Hlectonic Data Procesny ‘THERESE ANTELICA M. BUERCO. Persone ond Faraly Rletins, KRISTIN "MAE”"A. CEDING Property. JAMES BRYAN "5. DEANG and’ CHERISH KIM 8. FERRER Otilgations and Contracts, ALYSSA. CHRISTINE”: CRUZ Saks and Lease ANDREA. ALMODAL Partcrahip. Agency Trats josttva v. “Constantino Credit Transactions, SAMANTHA MARIE "'V. "CONTRERAS Succession JULIA ANTOINETTE, UNARCE Land. Ties and Dveds, JESHA AINA F. NOBLE Torts and Damages, MIKKATLA BENEDICT S.MONES Conf of Lane MEMBERS ‘ADVISERS FLORAVICK ANA B.ABAYA, DEAN ED VINCENT. CAMILLE S. BENEDICTO, “ALBANO, ATTY. MANUEL L JENIMAH FAYE 1 BISDA, CASINO, ATTY. NICASIO C. ANDREA D. BRIONES, MARY CCHERWYN L. CASTRO, BEA PATRICIA G.. DANGAZO, SARAHB. “DE GUZMAN, CCABANERRO, ATTY. JOSEPH FERDINAND Mt. DECHAVEZ. ‘ATTY, EFREN VINCENT ML DIZON, ATTY. CHARLITO LANNE MAE D. ENRIQUEZ, MARTIN” R MENDOZA, RONALD A FLORES, ATTY. FRANCESCA. GIUSEPPE CHRISTIAN -M. LOURDES M. SENGA, ATTY, HUEVOS, KATRISHA ROWELL D.ILAGAN ANALINE B KOK, MARIA ANGELICA Re LOVERIA, LUBANGCO, IVAN CHRIS 7. LUZURIAGA. CARMEL MA. ‘TARA.T. MEDIODIA, KEVIN CHRISTIAN A. PASION, KIM ALYSSA. M.REALINO, FRANCES "ANGELA V. SALVACION, ‘MARIA BEATRIZ R. VARONA, ERICA covisTAPERSONS AND FAMILY RELATIONS SAN BEDA MEMORY AID 18 3. Administrative rules and regulations, the Purpose of which is to enforce/implement existing laws pursuant to a valid delegation; Charter of a city: Circulars issued by the Monetary Board, the purpose of which is not merely to interpret but to fill in the details of the Central Bank Act; 6. Circulars and regulations which prescribe a penalty fo their violation (People v. Que Po Lay, GR. No. L-6791, March 29, 1954); and 7. Executive Orders (Tafiada v. Tuvera, supra). Publication NOT Required (SIL!) 4. Supreme Court decisions (De Roy v. CA, GR. No. 80718, January 29, 1988) 2. Interpretative regulations; 3. Letters of Instructions issued by administrative superiors on rules/guidelines to be followed by subordinates in the performance of their duties; and 4, Those Internal in nature, regulating only the personnel of the administrative agency (Fanede v. Tuvera, supra). The date of effectivity of Municipal Ordinances 18 NOT covered by this rule but by the Local Government Code (la) IGNORANCE OF THE LAW EXCUSES NO ONE (ART.3) Ignorantia Legis Non Excusat ‘Ignorance of the law excuses no one.” A mistake of law cannot be utlized as a lawful justification, because everyone is presumed to know the law and its consequences (in Re: Petition to Sign in the Roll of Attorneys, B.M. No. 2540, September 24, 2013} It is founded not only on expediency and policy but also on necessity (Zulueta v. Zulueta, G.R. No. 428, April 30, 1902) Conclusive Presumption Every person is presumed to know the law even if hhe has no actual knowledge of the law (Tafiada v. Tavera, supra). Note: It applies only to mandatory and prohibitory laws, This may be deduced from the language of the provision, which, notwithstanding person's ignorance, doesnot excuse his. or hher compliance with the laws (D.M. Consunj, Inc. v CA, GR. No. 137873, April 20, 2001). This applies to all kinds of domestic laws, whether civil or penal (Luna v, Linatoc, G.R. No. L-22378, June 29, 1968), and whether substantive or remedial (Zulueta v. Zulueta, supra). 2 | 2018 SAN BEDA CENTRALIZED BAR OPERATIONS Foreign Law Not Included ‘The presumption does not apply to foreign law because there is no judicial notice of such foreigi laws; such laws must be proved lke any other matte of fact. (Ching Huat v. Co Heong, G.R. No. L-1211 January 30, 1947) Judicial Notice Refers to the act of the court in taking cognizance c matters as true or as existing without the need of the introduction of evidence, or the authority ofthe cour to accept certain matters as facts even if nc evidence of their existence has been presented. Doctrine of Processual Presumption Where a foreign law is not pleaded or, even i pleaded, is not proved, the presumption is that the foreign law is the same as ours (EDI-Staffoullder: Int, Inc. v. NLRC, G.R. No, 145587, October 26 2007). "Mistake in the Application as Basis of Good Faith Aumistake in the application or interpretation of difficult or doubtful provisions of law may be the basis of good faith and has been given the same effect as a mistake of fact, which may excuse one from the legal consequences of his conduct (CIVIL CODE, Art. 526, par. 3 and Art. 2155). Non RETROACTIVITY OF LAWS (art.4) Retroactive Law It fs one Intended to affect transactions. which ‘occurred, or rights which accrued, before it become operative, and which ascribes to them effects not inherent in their nature, in view of the law in force at the time of their occurrence (RABUYA, supra at 12). General Rule: Laws shall have no retroactive effect (CIVIL CODE, Art. 4) Exceptions (P°UT NICE) Procedural or remedial taws (Araneta. Doronila, G.R. No. L~34882, August 24, 1976); 2. Benal laws favorable to the accused; provided that the accused is not a habitual delinquent (REVISED PENAL CODE, Art. 22; People v. ‘Quiachon, G.R. No. 170236, August 31, 2036); 3. Unless the law otherwise provides; 4, Tax laws when expressly declared or is clearly the legislative intent (Cebu Portland Cement v. GIR, GR. No. L-18649, February 27, 1965); 5. Laws creating New rights (Busiamante v. Gayas, G.R. Nos. L-8562-63, December 17, 1955); 6. Interpretative statutes (BPI Leasing Corp. v. CA, G.R. No. 127628, November 18, 2003):PERSONS AND FAMILY RELATIONS N BEDA MEMORY AID 2018 7. Gurative or remedial statutes (People v. Zeta, GR. No. L-7140, December 22, 1955); and 8 Emergency laws (Santos v. Alvarez, G.R. No. L~ 332, June 18, 1947) Exceptions to the Exceptions (EL) 4. Ex Post Facto Laws; and 2. Laws that impair obligation of contracts (Asiatic Petroleum Co. (P.1), Ltd. v. Llanes, G.R. No. L~ 25386, October 20, 1926). Acts Contrary To Law (art.5) General Rule: Acts contrary to mandatory or prohibitory laws are void (CIVIL CODE, Art. 5). ‘Mandatory Laws Laws the violation of which, tenders the act.oF. proceeding illegal and void (1 TOLENTINO,” Commentaries and Jurisprudence on the Chil Code of the Philppines (1990), p. 26) [hereinafter 1 TOLENTINO}. If the law demands something to be done, it is mandatory (RABUYA, supra at 19) Prohibitory Laws Laws which, if omitted, renders the proceeding of acts relating to it generally illegal or void (Behr vis Republic, G.R. No. L-18566, September 30, 1963): ~ The law commands that something should not be done ({bid). Exceptions: (PAVE) 1. The law makes the act valid but Punisheé the violator (e.g. Marriage solemnized by a person without legal authonty) 2. The law itself Authorizes its validity (e.g. Loto, sweepstakes}: 3. The. law makes the act only Voidable, (e.g. Voidable contracts where consent is vitiatod) and 4. The law dectares the nulity of an act but recognizes its Effects as legally existing (6.9. Child! bom ater annulment. of marriage 1s Considered legitimate) (1 PARAS, supra at 36) WAIVER OF RIGHTS (art.6) Waiver Its the intentional relinquish ment of a known right, for such conduct as warrants an inference of relinquishment of such right (Christenson v. Carleon, 69 Vt. 91; Castro v. Del Rosario, G.R. No. L-171915, January 31, 1967). General Rule: Rights may be waived (ALBANO, Persons and Family Relations (2004), p. 43) [hereinafter ALBANO). Right The power or privilege given to one person and, as 2 tule, is demandable of another. It denotes an interest or title in an object or property (Black's Law Dictionary, p. 1558). Etoments of Rights: (AP) ‘Active subject — one who is entitled to demand enforcement of the right; and 2. Passive subject — one’ who is duty-bound to Suffer its enforcement (RABUYA, supra at 18). Kinds of Rights: 1. Poltical Rights — those rights referring to the Participation of persons inthe government of the State; and 2..“Civil Rights — include all others; they are futher classified into: @., Rights of personality — cannot be waived: . Family rights ~ cannot be waived; and 6 Patiimonial rights ~ may be waived (Id. at Typakot Parimonia Rights ME dos oro trom) Mie (does wooraite Geers spectic ting wire hee ciuecnduely Sateen pl el eeeheaeeaniian ppetiel ra 6, Sat gh Gus porsonen jus acon) Te powor bolosgng & one porn ts dean MAN a pene ee do (Ibid). Requisites of a Valid Waiver (CUE-CPF) Full Capacity to make the waiver; Waiver must be Unequivocal; Right must Exist at the time of the waiver, It must not be Contrary to law, public policy, ‘morals or good customs: tmust not be Prejudicial to a third person with a fight recognized by law, and When Formalities are required, the same must bbe complied with (1 PARAS, supra at 39) aa Rights that cannot be waived (WARN) ‘When the Waiver is prejudicial to third person with a right recognized by law Alleged rights, which really do not exist yet ‘Those the Renunciation of which would infinge ‘upon public policy; and ‘Natural rights, such as the right to life (ld. supra a ep 2018 SAN BEDA CENTRALIZED BAR OPERATIONS | 3PERSONS AND FAMILY RELATIONS SAN BEDA MEMO at 40-41), REPEAL OF LAWS (art.7) Repeal of a Law It is the legislative act of abrogating through a subsequent law the effects of a previous statute or portions thereof (STA. MARIA, supra at 11). Types of Repeal: 1. Express — one which is literally declared by a new law, either in specific terms, as where particular laws and provisions are named, identified, and declared to be repealed, or in general terms (lbid.). {A ropeating clause in an Act which provides that “all laws and parts thereof inconsistent with the provisions of this Act are hereby repéaled or’ modified accordingly” is certainly not an express " repealing clause because it fas to identity of designate the Act or Acs that are intended t0 be repealed. Rather, its a clause which predicates the inlended repeal upon the. gondition that substantial confict must be found i exising ad prior acts. Such being the case the!presumption. against implied repeals and the rule agairist ‘sttict onstruction regarding implied repeals pp proprio vigore."(lloio Palay and Com Association, Inc. v. Feliciano, G.R No. L-24022, March 3, 1965) 2, Implied ~ takes place when a new law contains, provisions contrary to or inconsistent with those of a former law without expressly repealing them, (tbl) Requisites of an Implied Repeal 1. The laws cover the same subject matter; and 2. The latter is repugnant to the other (Agujetas v. CA, GR. No, 106560, August 23, 1996). Note: Implied repeals are not looked upon with favor (US v. Palacio, G.R. No. 11002, January 17, 1916), If both statutes can stand together, there is no repeal (Lichuauco v. Apostol, G.R. No, L-19628, December 4, 1922) Rule in Case of Confl and a Special Law 1. Ifthe general law was enacted PRIOR to the ‘special law, the latter is considered the exception to the general law (1 PARAS, supra at 47), 2. If the general law was enacted AFTER the ‘special law, the special law remains, unless: between a General Law 4.12018 SAN BEDA CENTRALIZED BAR OPERATIONS Ry Alp Zole a. There is an express declaration to the contrary; oF b. There is a clear, necessary, anc ireconcilable conflict; or c.the subsequent general law covers the whole subject and is clearly intended tc replace the special law on the matte: (bid). Effect if the Repealing Law is itself Repealed 4. When a law which expressly repeats a prio lawis itself repealed, the law first repealed shal rot be thereby revived, unless expressly sc provided Example: Law A is expressly repealed by Lav B. If Law Bis itself repealed by Law C, Law # is not revived, unless Law C expressly sc provides. 2. Whena law which impliedly repeals a prioriax SEE tataibself repealed, the prior law shall thereby bs fevived unless the language of the repealin: statute provides otherwise, Example: Law A is impliedly repealed by Lav Law 8 is later repealed by Law C. Law A is i eb finless Law C provides otherwise (Id. 2 on is the supreme, organic, anc fundamental law of the land. It is axiomatic that nc ordinary statute can override a constitutiona Provision (Floresca v. Philex Mining Corp, G.R. No 130642, April 30, 1985). ‘The constitutionality of a law or executive order ma: ‘not be collaterally attacked. They enjoy the presumption of validity unless dectared null and voic by a competent court (NAWASA v. Reyes, G.R. No 1L-28597, February 29, 1968). Operative Fact Doctrine ‘This doctrine means that before an act is dectarec unconstitutional, itis an “operative fact” which car be the source of rights and duties (De Agbayani v PNB, G.R. No, L-23127, April 29,1971). In short, | nullfies the void law or executive act but sustains itt effects. Thus, a legislative or executive act, prior to its being declared as unconstitutional by the courts, is vali ‘and must be complied with (Chavez v. NHA, G.R No, 164527, August 15, 2007). Rules and Regulations, Administrative Acts Rules and regulations when promulgated it pursuance of the procedure or authority conferrec Executive ancPERSONS AND FAMILY RELATIONS SAN BEDA Memory AID 2018 Upon the administrative agency by law, partake of the nature of a sanction provided in the law. These regulations must be in harmony with the provisions of the law (STA. MARIA, supra at 13-14), JUDICIAL DECISIONS FORM PART OF LEGAL SYSTEM OR DOCTRINE OF STARE DECISIS (ART.8) Judicial decisions applying or interpreting iaws shall form part of the legal system of the Philippines (CIVIL CODE, Art. 8) Stare decisis et non quieta movere “To adhere to precedents, and not to unsettle things which are established.” (Tala Really Services Corp. Inc. v. Banco Filipino Savings & Mortgage Bank, G.R. No, 181369, June 22, 2016) Doctrine of Stare Decisis When the Supreme Court has once laid down a principle of law as applicable to a certain state of facts, twill adhere to that principle, and apply itto al future cases, where facts are substantially the same; regardless of whether the parties and property. ate the same (Light Rail Transit Authoniy v. Pil, GR. ‘No, 202047, June 8, 2016). +e | ‘The Doctrine of Stare Decisis is one, of «grounded on the necessity for securing derta Stability of judicial decisions (Tala Realty. ee Corp., Inc. v. Banco Filipino Savings & Mortgage. Bark: supra) Note: The law of the case has been defined s.the opinion delivered on a former appeal. It means that whatever is once irrevocably established as the controlling legal rule or decision between the same parties in the same case continues to be the law of the case, whether correct on general principles or ‘not, 50 long as the facts on which such decision was predicated continue to be the facts of the case before the court. (De La Salle University v. De La Salle University Employees Association - NAFTEU, GR. No. 169254, August 23, 2012). Durty or JupGes (rt.9) Legal Ettects of Judicial Decisions 'No publication required (De Roy v. CA, G.R. No. 80718, supra); 2. Conclusive and binding between parties after the lapse of appeal period (City of Cebu v. 2s irl Apotonio M, Dedamo, G.R. No. 172852, January 30, 2013); and 3. Bind all future cases with identical facts, until reversed by SC (De Mesa v. Pepsi Cola Product. Phils, Inc., G.R. Nos. 150363-70, August 29,2008 citing Kilosbayan, Inc. ot al. v. Morato, G.R. No. 118910, July 17, 1995) Judicial decisions, although in themselves are not laws, constitute evidence of what the laws mean (People v. Licera, G.R. No. L-39990, July 22, 1978). ‘The application or interpretation placed by the Court upon a law is part of the law as of the date of ‘enactment of said law because the Supreme Court's interpretation merely establishes the ‘contemporaneous legislative intent that the ‘construed law purports to carry into effect (People v. Licera, supra). Note: Only the decisions of the Supreme Court i jurisprudence or doctrines inthis (Miranda v. Imperial, G.R. No, L-49090, February 26, 1947). No Retroactive Effect Jee Wwhen a doctrine of the Supreme Court is overruled © anda different view is adopted, the new doctrine | be applied prospectively and should not Parties who relied on the old doctrine Yegabinal, G.R. No, L-30061, February 27, tow /‘udieial Decisions May Be Abrogated A. “By contrary ruling of the Supreme Court ite J and 2. By corrective legislative acts of Congress, although said laws cannot adversely affect those favored prior to Supreme Court decisions (1 PARAS, supra at 69) Administrative Decisions Although it is recognized that judicial decisions applying or interpreting statutes are part of the legal system of the country, such level of recognition is not afforded to administrative decisions (International ‘Management Services v. Logarta, G.R. No. 163657, April 18, 2012). Duty of Judges Judges are tasked with the dispensation of justice in ‘accordance with the constitutional precept that no person shall be deprived of life, liberty, and property without due process of law. Judges must not evade performance of this responsibilty just because of an ‘apparent non-existence of any law governing a particular legal dispute or because the law involved is vague or inadequate (STA MARIA, supra at 16). 2016 SAN BEDA CENTRALIZED BAR OPERATIONS | 5