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Civil Law vs. Common Law Law On Equity: General Principles
Civil Law vs. Common Law Law On Equity: General Principles
incapacitated person from certain obligations, as when Every person must, in the exercise of his rights and in
the latter arise from his acts or from property relations, the performance of his duties, act with justice, give
such as easements. (Art. 38 NCC) everyone his due, and observe honesty and good faith.
PRINCIPLE OF ABUSE OF RIGHTS
Birth determines personality; but the conceived child It is when the right is exercised for the purpose of
shall be considered born for all purposes that are prejudicing or injuring another.
favorable to it, provided it be born later with the Requisites:
conditions specified in the following article. (Art. 40 NCC) 1. There is a legal right or duty;
2. Which is exercised in bad faith;
For civil purposes, the fetus is considered born if it is 3. For the sole intent of prejudicing or injuring another.
alive at the time it is completely delivered from the
mother's womb. However, if the fetus had an intra- DOCTRINE OF VOLENTI NON FIT INJURIA
uterine life of less than seven months, it is not deemed Pertains to self-inflicted injuries or to the consent to
born if it dies within twenty-four hours after its complete injury which precludes the recovery of damages by one
delivery from the maternal womb. (Art. 41, NCC) who has knowingly and voluntarily exposed himself to
danger, even if he is not negligent in doing so.
DEATH; EFFECTS; SIMULTANEOUS
Art. 20. NCC Every person who, contrary to law, willfully
DEATH or negligently causes damage to another, shall
Art. 43. NCC If there is a doubt, as between two or more indemnify the latter for the same.
persons who are called to succeed each other, as to Art. 21. NCC Any person who willfully causes loss or
which of them died first, whoever alleges the death of injury to another in a manner that is contrary to morals,
one prior to the other, shall prove the same; in the good customs or public policy shall compensate the
absence of proof, it is presumed that they died at the latter for the damage.
same time and there shall be no transmission of rights ACTS CONTRA BONUS MORES
from one to the other. Presupposes loss or injury, material or otherwise, which
one may differ as a result of such violation.
Note: This applies only to cases involving succession. If Requisites:
it is not involving succession, sec. 3 (jj), Rule 131, of the 1. There is an act which is legal;
Rules of Court governs. (Survivorship Rules). 2. But which is contrary to morals, good customs, public
• The proof of death must be established by order or public policy;
positive evidence. Proof of death can never be 3. And it is done with intent to injure.
established from mere inference arising from another
inference or from presumptions or assumptions. Under arts. 19 and 21, the act must be done
intentionally. However, art. 20 does not distinguish, the
act may be done either intentionally or negligently, as
WAIVER OF RIGHTS long as the act is contrary to law.
Rights may be waived, unless the waiver is contrary to
While breach of promise to marry is, generally, not
law, public order, public policy, morals, or good customs,
actionable, it has been held that to formally set a
or prejudicial to a third person with a right recognized by
wedding and go through and spend for all the wedding
law.
preparations and publicity, only to walk out of it when the
REQUISITES FOR A VALID WAIVER OF RIGHTS:
matrimony was about to be solemnized is a different
1. The person making the waiver must have the right he
matter. Such act is palpably and unjustifiably contrary to
is waiving (existence of right);
good customs for which the defendant must be held
2. He must know the existence of such right;
answerable for damages in accordance with art. 21,
3. He must have the capacity to make the waiver;
NCC.
4. The waiver must be made in a clear and unequivocal
manner;
Damages are also available when breach promise to
5. Waiver must intelligently made;
marry is attended with deceit or moral seduction.
6. Waiver must not be contrary to law, public order,
public policy, morals or good customs or prejudicial to a
Art. 23. NCC Even when an act or event causing
3rd person with a right recognized by law (or contract);
damage to another's property was not due to the fault or
7. In certain instances; in the formalities required by law
negligence of the defendant, the latter shall be liable for
(like waiver of the right to counsel which must be in
indemnity if through the act or event he was benefited.
writing and in the presence or assistance of a lawyer).
NOTE: This is the Principle of Unjust Enrichment.
• Take note that theft is likewise committed by any
SOME RIGHTS THAT CANNOT BE WAIVED person who, after having maliciously damaged the
1. Right to support (ART. 301, NCC); property of another, shall remove or make use of the
2. Right of action against future fraud (art. 1171, NCC); fruits or objects of the damaged caused by him (art. 308
3. Right to future inheritance (art. 1043, NCC); [2], RPC).
4. Right to counsel during arraignment of the accused
(sec. 6, Rule 116, Rules of Court);
5. Future prescription cannot be waived (art. 1112, CONFLICT OF LAWS
NCC). LAW ON NATIONALITY
6. Right to set up defense of illegality of contracts (art. Laws relating to family rights and duties, or to the status,
1409, NCC). condition and legal capacity of persons are binding upon
citizens of the Philippines, even though living abroad.
ABUSE OF RIGHTS (Art. 15, NCC)
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stipulations.
WHO MAY BE ADOPTED (sec. 5):
EXTRA-TERRITORIALITY 1. Any person below 18 years of age who has been
By treaty stipulation granting immunity to certain persons judicially declared available for adoption OR voluntarily
or things. committed to he DSWD;
EXTRA-TERRITORIALITY 2. The legitimate child of one spouse by the other
A place (like an embassy, or a public vessel) is spouse;
considered as an extension of territory. 3. An illegitimate child by a qualified adopter to raise the
status of the former to that of legitimacy;
DEPECAGE 4. A person of legal age regardless of civil status, if, prior
The phenomenon where the different aspects of the to the adoption, said person has been consistently
case involving a foreign element may be governed by considered and treated by the adopters as their own
different systems of laws. child since minority;
ADOPTION 5. A child whose adoption has been previously
An act which renders a child legitimate in relation to the rescinded;
adopting parents, to whom the child may or may not be 6. A child whose biological or adoptive parents have died
related. but no proceedings shall be initiated within 6 months
NOTE: Adoption is now governed by RA 8552, The from the time of death of said parents; and
Domestic Adoption Act, and some pertinent portions 7. A child not otherwise disqualified by law or this Rules.
of the Family Code and the New Civil Code.
SALIENT PROVISIONS: CHILD LEGALLY AVAILABLE FOR ADOPTION
WHO MAY ADOPT (sec. 4): This refers to a child who has been voluntarily or
A. Any Filipino Citizen- involuntarily committed to the DSWD or to a duly
1. Of legal age; licensed and accredited child-placing or child caring
2. In possession of full civil capacity and legal agency, freed from the parental authority of his biological
rights; parents, or in case of rescission of adoption, his
3. Of good moral character; guardian or adopter/s.
4. Has not been convicted of any crime involving 2 WAYS TO COMMIT A CHILD:
moral turpitude; 1. Administrative/Voluntary—in this case, the parent or
5. Emotionally and psychologically capable of guardian of the child voluntarily committed him to the
caring for children; DSWD or any duly licenses child placement of child
6. In a position to support and care for his/her caring agency. The child must be surrendered in
children in keeping with the means of the family; and WRITING. Such written instrument must be notarized
7. At least 16 years older the adoptee. and signed in the presence of an authorized
representative of the department after counseling has
B. Any Alien possessing the same qualifications as been made to encourage the parents to keep the child
above; Provided: (sec. 5, AM 02-1-19-SC).
1. That his/her country has diplomatic relations
with the Philippines; 2. Judicial/Involuntary—follow the procedure in AM 02-1-
2. That he/she been living in the Philippines for 19-SC.
at least 3 continuous years prior to the filing of the
application for adoption; GR: Husband and Wife shall JOINTLY adopt.
3. Maintains residence until the adoption decree Exceptions:
is entered; 1. If one spouse seeks to adopt the legitimate child of
4. Certified to have legal capacity to adopt by the other;
his/her country; and 2. If one spouse seeks to adopt his/her own illegitimate
5. That his/her government allows the adoptee child provided the other spouse has signified his consent
to enter his/her country as his/her adopted child. thereto; or
3. If the spouses are legally separated from each other.
C. The Guardian, after termination of guardianship.
The requirement of 16 years difference between INTER-COUNTRY ADOPTION
adopter and adoptee may be waived if adopter is: FORMALITIES
1. The biological parent of the adoptee; INTER-COUNTRY ADOPTION (sec. 26-32)
2. The spouse of the adoptee’s parent. WHERE to file Petition (sec. 28):
1. A verified petition to adopt a Filipino child may be filed
The residency requirement and certification of aliens by a Filipino permanently residing abroad or foreign
qualification to adopt may be waived for the national with the Family Court having jurisdiction of the
following: place where the child resides or may be found; or
1. The adopter is a former Filipino citizen who seeks to 2. It may be filed directly with the ICAB.
adopt a relative within the 4 th degree of consanguinity or
affinity; WHO may Adopt:
2. One who seeks to adopt the legitimate child of his/her 1. Any alien or Filipino citizen permanently residing
Filipino spouse; abroad who is at least 27 years of age;
3. One who is married to a Filipino citizen and seeks to 2. Other requirements are the same as with R.A. 8552
adopt jointly with his/her spouse a relative within the 4 th (Domestic Adoption Act of 1998).
degree of consanguinity or affinity of the Filipino spouse.
WHO may be Adopted: (legally free child)
D. Guardian of Ward. Only a child legally available for domestic adoption
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(5) Those contracted through mistake of one contracting before its decree –
party as to the identity of the other; and termination – LEGITIMATE
(6) Those subsequent marriages that are void under LEGITIMATE
Article 53. (liquidation, partition and distribution of the Property relations
properties of the spouses, the custody and support of ACP/CPG shall be liquidated. Spouse who contracted
the common children, and the delivery of their the marriage in bad faith, his/her share in the net
presumptive legitimes. TAKE NOTE HOWEVER, this profits of the community property shall be forfeited in
requirement is not needed when declaration of nullity of favor of common children or if there are none, children
marriage is under Article 36 of FC. Article 53 is required of the guilty spouse by previous marriage or in default,
only in relation to Article 40 and 45) the innocent spouse.
PSYCHOLOGICAL INCAPACITY Donations Propter Nuptias
Art. 36. FC. A marriage contracted by any party who, at Shall remain VALID except:
the time of the celebration, was psychologically a. If donee contracted the marriage in bad
incapacitated to comply with the essential marital faith, donations propter nuptias made to the donee are
obligations of marriage, shall likewise be void even if revoked by operation of law.
such incapacity becomes manifest only after its b. If both spouses acted in bad faith,
solemnization. (As amended by Executive Order 227) donations propter nuptias made by one in favor of the
NOTES: other are revoked by operation of law.
PSYCHOLOGICAL INCAPACITY
Has no exact definition but is restricted to psychological Insurance
incapacity to comply with the essential marital If one spouse acted in bad faith, innocent spouse may
obligations of marriage. In involves a senseless, revoke his designation as beneficiary in the insurance
protracted, and constant refusal to comply with the policy even if such designation be stipulate
essential marital obligations by one or both of the irrevocable
spouses although he or she, or they are physically Succession
capable of performing such obligations (Chi Ming Tsoi If one spouse contracted the marriage in bad faith, he
vs. CA, 266 SCRA 234, [1997]). shall be disqualified to inherit from the innocent
• Note that in this case, there is refusal to have spouse both testate and intestate.
sex by the husband to the wife.
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(4) Where both parties have given ground for legal Art. 218.FC. The school, its administrators and teachers,
separation; or the individual, entity or institution engaged in child
(5) Where there is collusion between the parties to care shall have special parental authority and
obtain decree of legal separation; or responsibility over the minor child while under their
(6) Where the action is barred by prescription. (100a) supervision, instruction or custody.
NOTE: The following should be added to the grounds for
the denial of the petition of for legal separation— Authority and responsibility shall apply to all authorized
1. Death of either party during the pendency of the case activities whether inside or outside the premises of the
(Lapuz-Sy vs. Eufemio, 43 SCRA 177, [1972]); school, entity or institution.
2. Reconciliation of the spouses during the pendency of
the case. Art. 219. FC. Those given the authority and responsibility
under the preceding Article shall be principally and
Art. 57. FC An action for legal separation shall be filed solidarily liable for damages caused by the acts or
within five years from the time of the occurrence of the omissions of the unemancipated minor. The parents,
cause. (102) judicial guardians or the persons exercising substitute
parental authority over said minor shall be subsidiarily
liable.
USE OF SURNAME The respective liabilities of those referred to in the
CHILD CONCERNED SURNAME TO BE preceding paragraph shall not apply if it is proved that
USED they exercised the proper diligence required under the
Legitimate child Father’s surname particular circumstances.
Legitimated child Father’s surname All other cases not covered by this and the preceding
Illegitimate child Mother’s surname; or articles shall be governed by the provisions of the Civil
Father’s surname if Code on quasi-delicts.
requisites under RA
9255 are complied
Conceived prior to the Father’s surname SUBSTITUTE VS. SPECIAL PARENTAL
annulment of marriage AUTHORITY
Conceived after the Mother’s surname SUBSTITUTE SPECIAL PARENTAL
annulment of marriage PARENTAL AUTHORITY
Adopted child Adopter’s surname AUTHORITY
It is exercised in It is exercised concurrently
Under the Family Code, an illegitimate child is required case of death, with the parental authority of
to use only the surname of the mother. Under RA 9255, absence, or the parents and rest on the
otherwise known as the Revilla law, however, the unsuitability of theory that while the child is in
ILLEGITIMATE CHILD IS GIVEN THE OPTION to use parents. Hence, it is the custody of the person
the surname of the illegitimate father when the latter has not exercised by the exercising special parental
recognized the former in accordance with law. Since the parents authority, the parents
choice belongs to the illegitimate child, the child cannot temporarily relinquish parental
compelled, if already of age, to use the surname against authority over the child to the
his will. If the child is still a minor, to use the surname of latter
the father will require the consent of child’s mother who
has sole parental authority over her. PATERNIT Y & FILIATION; ARTIFICIAL
INSEMINATION; FORMALITIES
PARENTAL AUTHORITY; CHILD UNDER Art. 164.FC. Children conceived or born during the
7 YEAR OF AGE marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of
Art. 213. FC. In case of separation of the parents, the wife with the sperm of the husband or that of a donor
parental authority shall be exercised by the parent or both are likewise legitimate children of the husband
designated by the Court. The Court shall take into and his wife, provided, that both of them authorized or
account all relevant considerations, especially the choice ratified such insemination in a written instrument
of the child over seven years of age, unless the parent executed and signed by them before the birth of the
chosen is unfit. (n) child. The instrument shall be recorded in the civil
No child under seven years of age shall be separated from the registry together with the birth certificate of the child.
mother unless the court finds compelling reasons to order
otherwise. LEGITIMATE CHILDREN
Only children conceived or born during a valid marriage.
"Article 176. Illegitimate children shall use the surname Exceptions:
and shall be under the parental authority of their mother, 1. Conceived as a result of artificial insemination;
and shall be entitled to support in conformity with this 2. Born of a voidable marriage before decree of
Code.” annulment;
3. Conceived or born before judgment of annulment or
absolute nullity under art. 36 (becomes final and
PARENTAL AUTHORITY; SPECIAL executory;
PARENTAL AUTHORITY LIABILITY OF 4. Conceived or born of a subsequent marriage under
TEACHERS art. 53;
5. Of mothers who may have declared against their
legitimacy or was sentenced as an adulteress;
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The action must be brought within the same period REVERSE ACCESSION
specified in Article 173, except when the action is based Art. 120.FC. The ownership of improvements, whether
on the second paragraph of Article 172, in which case for utility or adornment, made on the separate property
the action may be brought during the lifetime of the of the spouses at the expense of the partnership or
alleged parent. (289a) through the acts or efforts of either or both spouses shall
pertain to the conjugal partnership, or to the original
RIGHTS OF LEGITMATE CHILD owner-spouse, subject to the following rules:
Art. 174.FC. Legitimate children shall have the right: When the cost of the improvement made by the conjugal
(1) To bear the surnames of the father and the mother, partnership and any resulting increase in value are more
in conformity with the provisions of the Civil Code on than the value of the property at the time of the
Surnames; improvement, the entire property of one of the spouses
(2) To receive support from their parents, their shall belong to the conjugal partnership, subject to
ascendants, and in proper cases, their brothers and reimbursement of the value of the property of the owner-
sisters, in conformity with the provisions of this Code on spouse at the time of the improvement; otherwise, said
Support; and property shall be retained in ownership by the owner-
(3) To be entitled to the legitime and other successional spouse, likewise subject to reimbursement of the cost of
rights granted to them by the Civil Code. (264a) the improvement.
In either case, the ownership of the entire property shall
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be vested upon the reimbursement, which shall be made equivalent to half of the estate of the decedent
at the time of the liquidation of the conjugal partnership. Illegitimate children: entitled to equivalent of one half of
the share of the legitimate children which share must be
PROPERTY RELATIONS ; UNION taken from the free portion
Spouse: entitled to equal of the share of each legitimate
WITHOUT MARRIAGE; COMMON LAW child which share must be taken from the free portion.
UNION
If the property of decedent is not sufficient to satisfy the
NOT MARRIED BUT WITHOUT LEGAL IMPEDIMENT above computation, reduce the share in the free portion
Art. 147. FC When a man and a woman who are so as not to impair the legitime.
capacitated to marry each other, live exclusively with
each other as husband and wife without the benefit of Art. 1002. NCC. In case of a legal separation, if the
marriage or under a void marriage, their wages and surviving spouse gave cause for the separation, he or
salaries shall be owned by them in equal shares and the she shall not have any of the rights granted in the
property acquired by both of them through their work or preceding articles.
industry shall be governed by the rules on co-ownership.
BARRIER BETWEEN ILLEGITIMATE &
In the absence of proof to the contrary, properties
acquired while they lived together shall be presumed to LEGITIMATE RELATIVES
have been obtained by their joint efforts, work or Art. 992. NCC. An illegitimate child has no right to inherit
industry, and shall be owned by them in equal shares. ab intestato from the legitimate children and relatives of
For purposes of this Article, a party who did not his father or mother; nor shall such children or relatives
participate in the acquisition by the other party of any inherit in the same manner from the illegitimate child.
property shall be deemed to have contributed jointly in (943a)
the acquisition thereof if the former's efforts consisted in
the care and maintenance of the family and of the COLLATION
household. Is the act by virtue of which, the persons who concur in
Neither party can encumber or dispose by acts inter the inheritance bring back to the common hereditary
vivos of his or her share in the property acquired during mass the property which they may have received from
cohabitation and owned in common, without the consent him, so that a division may be effected according to law
of the other, until after the termination of their and the will of the testator
cohabitation. “To Collate” – is to bring back or return to the
hereditary mass, in fact or by fiction, property which
When only one of the parties to a void marriage is in came from the estate of the decedent, during his lifetime,
good faith, the share of the party in bad faith in the co- but which the law considers as an advance from the
ownership shall be forfeited in favor of their common inheritance.
children. In case of default of or waiver by any or all of
the common children or their descendants, each vacant
share shall belong to the respective surviving DISINHERITANCE VS. PRETERITION
descendants. In the absence of descendants, such
share shall belong to the innocent party. In all cases, the PRETERITION DISINHERITANCE
forfeiture shall take place upon termination of the Deprivation of a Deprivation of the
cohabitation. (144a) compulsory heir of his compulsory heir of his
NOT MARRIED AND WITH LEGAL IMPEDIMENT legitime is tacit legitime is express
Art. 148.FC. In cases of cohabitation not falling under May be voluntary but law Always voluntary
the preceding Article, only the properties acquired by presumes that it is
both of the parties through their actual joint contribution involuntary
of money, property, or industry shall be owned by them Law presumes that there Done with legal cause
in common in proportion to their respective contributions. has been a mistake or
In the absence of proof to the contrary, their oversight on the part of
contributions and corresponding shares are presumed to the testator
be equal. The same rule and presumption shall apply to Omitted heir gets not only If disinheritance is
joint deposits of money and evidences of credit. his legitime but also his unlawful, compulsory
If one of the parties is validly married to another, his or share in the free portion heir is merely restored to
her share in the co-ownership shall accrue to the not disposed of by way of his legitime
absolute community or conjugal partnership existing in legacies and devises
such valid marriage. If the party who acted in bad faith is
not validly married to another, his or her shall be
forfeited in the manner provided in the last paragraph of
the preceding Article.
The foregoing rules on forfeiture shall likewise apply
even if both parties are in bad faith. (144a) HEIRS; INTESTATE HEIRS; RESERVA
TRONCAL
Art. 891. NCC. The ascendant who inherits from his
SUCCESSION LAW descendant any property which the latter may have
AMOUNT OF SUCCESSIONAL RIGHT; acquired by gratuitous title from another ascendant, or a
PRESUMPTIVE LEGITIME brother or sister, is obliged to reserve such property as
Legitimate children: entitled to the legitimate which is he may have acquired by operation of law for the benefit
of relatives who are within the third degree and who
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belong to the line from which said property came. (871) grandparent in the maternal line while both grandparents
survived in the paternal line.
RESERVA TRONCAL
Art. 891 is the provision on Reserva Troncal. NOTE: I.S.R. R.A.I Rule (Paras)
PURPOSE: In all cases where there has been institution of heirs,
1. To reserve certain properties to certain persons; follow ISRAI. If the Institution fails, Substitution
2. To prevent person outside a family from acquiring, by occurs. If there is no substitute, right of Representation
some chance or accident, property which otherwise occurs in the direct descending line to the legitime if the
would have remained with the said family; vacancy is caused by predecease, incapacity, or
3. To maintain separation between paternal and disinheritance. The right of Accretion applies to the free
maternal lines. portion when the requisites in art. 1016 are present. If
there is no substitute, and the right of representation or
REQUISITES OF RESERVA TRONCAL: accretion does not apply, the Rule of Intestacy shall
1. The property should have been acquired by operation take over.
of law by an ascendant (RESERVISTA) from his
descendant (PROPOSITUS), upon death of the latter;
INTESTATE SUCCESSION; INTESTATE
Note: by operation of law means that the property is PROCEEDINGS; JURISDICTION
acquired by succession, either by legitime or intestacy. Real action: any action involving title to, or possession of
2. The property should have been acquired by the real property or any interest therein, except unlawful
propositus by gratuitous title from another ascendant or detainer and forcible entry, the jurisdiction is based on
from a brother or sister (ORIGINITOR). the assessed value of the real property.
Note: Gratuitous title encompasses succession and Sction 1 of Rule 73, settlement of Estate of deceased
donation. person, does not relate to jurisdiction but venue. Hence,
3. The propositus should have died without any it can be waived if an action is filed in a court of wrong
legitimate issue in the direct descending line who could venue, and there is no motion to dismiss filed on such
inherit from him. ground of wrong venue. (Uriati vs. CFI, L-21938 May 29,
1970)
NOTE: All the relationships must be legitimate (Nieva vs.
Alcala, 41 Phil. 495). WILLS; CODICIL; INSITUTION OF HEIR;
SUBSTITUTION
INTESTATE SUCCESSION A MODAL INSTITUTION is the institution of an heir made for a
INTESTATE HEIRS: certain purpose or cause (Arts. 871 and 882, NCC).
1. Legitimate children/descendants; SUBSTITUTION is the appointment of another heir so that he
may enter into the inheritance in default of the heir originality
2. Illegitimate children/descendants; instituted. (Art. 857, NCC).
3. Legitimate parents/ascendants;
4. Illegitimate parents; In a SIMPLE SUBSTITUTION of heirs, the testator designates
5. Surviving spouse; one or more persons to substitute the heirs instituted in case
6. Brothers and sisters, nephews and nieces; such heir or heirs should die before him, or should not wish or
7. Other collateral relatives up to the 5th degree; should be incapacitated to accept the inheritance.
8. State.
In a FIDEICOMMISSARY SUBSTITUTION, the testator
BASIC PRINCIPLES IN INTESTATE SUCCESSION: institutes a first heir and charges him to preserve and transmit
the whole or part of the inheritance to a second heir. In a
1. Intestate heirs always related by blood. simple substitution, only one heir inherits. In a fideicommissary
substitution, both the first and second heirs inherit. (Art. 859
Except: and 869, NCC)
a. Spouse;
b. Adoptive relation;
c. State. WILLS; FORMALITIES
LAWS GOVERNING VALIDITY OF A WILL:
2. Proximity rule applies – relative nearest in degree 1. Formal Validity—
excludes the more distant ones. a. If the testator is a Filipino and the will is executed in
3. Direct line is always preferred over collateral relatives. the Philippines, then its formal validity is governed by the
4. Descending line is always preferred than ascending NCC.
line and collateral lines. b. If the testator is a Filipino and will is executed in a
5. Rule of equal division – relatives in same degree foreign country, then its formal validity is governed either
(same class) shall inherit in equal shares. —
I. By the law of the place where the will was
Exception: made; or
a. Descending line – difference in class in the II. By the NCC.
cases of legitimate or illegitimate filiation. c. If the testator is a foreigner and the will is executed in
I. In case of paternal/maternal lines. a foreign country—
II. Collateral – half or full blood. I. Law of the place where will was executed;
II. Law of his own country;
b. Ascending line – the shares are divided III. By the NCC
equally between paternal and maternal lines which could
result to unequal shares when there is only one d. If testator is a foreigner and will is executed in the
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Philippines— contracts.
I. Law of his country;
II. By the NCC. KINDS: AS TO EFFECTIVITY OR EXTINGUISHMENT
1. Pure;
2. Substantive Validity—by the National law of the 2. Conditional;
decedent (art. 16, NCC). 3. With a term or period.
If mortgaged – recovered or
donor may redeem from WHO MAY ACCEPT DONATIONS:
redeem the 3rd persons 1. natural and juridical persons which are not specifically
mortgage with disqualified by law;
the right to 2. minors and other incapacitated—
recover from the a. by themselves
donee i. if pure and simple donation
ii. if it does not require written acceptance
b. by guardian, legal representative, if needs written
Fruits to be Return the Fruits to be acceptance
returned at filing property and the returned at i. natural guardian – if not more than 50, 000.
of action for fruits filing of ii. Court appointed guardian – more than 50, 000.
revocation complaint 3. Conceived and unborn child, represented by person
Prescription of Prescription is 4 Prescription who would have been guardian if already born.
action is 4 years years from non- is 1 years
from birth fulfillment of from
condition knowledge DONATIONS; MOVABLE
of fact and it Art. 748. The donation of a movable may be made orally
was or in writing.
possible for An oral donation requires the simultaneous delivery of
him to bring the thing or of the document representing the right
action donated.
Right of action is Right of action at Heirs can’t If the value of the personal property donated exceeds
transmitted to the instance of donor file action five thousand pesos, the donation and the acceptance
heirs but may be shall be made in writing, otherwise, the donation shall
transmitted to be void.
heirs.
Action extends to Action does not GR: cannot DONATIONS; REQUISITES; IMMOVABLE
donee’s heirs extend to donee’s extend to
heirs donees PROPERTY
heirs Immovable:
Action cannot be Action cannot be Action 1. must be in a public document (instrument) and
renounced renounced in cannot be acceptance must also be in a public instrument
advance renounced (in the same deed of donation or in any other
in advance instrument); otherwise it is void.
2. Must be made during the lifetime of the donor
and the donee.
DONATIONS; ILLEGAL
Art. 739. NCC. The following donations shall be void:
(1) Those made between persons who were guilty of
DONATIONS TO CONCEIVED CHILD
adultery or concubinage at the time of the donation; BUT NOT YET BORN
(2) Those made between persons found guilty of the See discussion supra.
same criminal offense, in consideration thereof;
(3) Those made to a public officer or his wife,
descendants and ascendants, by reason of his office.
DONATIONS WITH RESOLUTORY
In the case referred to in No. 1, the action for declaration CONDITION
of nullity may be brought by the spouse of the donor or
donee; and the guilt of the donor and donee may be RULES IN CASE OF DOUBLE DONATIONS:
proved by preponderance of evidence in the same Priority in time, priority in right.
action. a. Movable – one who first took possession in
good faith.
DONATIONS MORTIS CAUSA b. Immovable – one who recorded in registry of
property in good faith.
See law on succession
If no inscription, one who first took possession
Art. 728. Donations which are to take effect upon the
in good faith
death of the donor partake of the nature of testamentary
In the absence thereof, one who can present
provisions, and shall be governed by the rules
the oldest title.
established in the Title on Succession. (620)
Note: In case of doubt as to the nature of the donation; it
is presumed inter vivos. PROPERTY
BADGES OF MORTIS CAUSA DONATION: ACCRETION; ALLUVIUM
1. Title remains with the donor (full or naked ownership)
Art. 457. To the owners of lands adjoining the banks of
and conveyed only upon death;
rivers belong the accretion which they gradually receive
2. Donor can revoked ad mutuum;
from the effects of the current of the waters. (336)
3. Transfer is void if donor survives the done.
NOTE: The riparian owner owns the accretion as an
exchange of the risk that his land is subjected to by
DONATIONS INTER VIVOS; reason of the action of the river.
ACCEPTANCE • The natural action of the river causing loss of the
land is considered as “Natural Expropriation”.
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given in usufruct
The Lessee generally
Repairs usufructuary has has no duty to make
RECOVERY OF POSSESSION
the duty to make or pay for repairs REMEDIES
ordinary repairs ACTIONS FOR POSSESSION:
The 1. Movable—
usufructuary The lessee Repliven (Rule 60, ROC).
Taxes pays for the generally pays no See Remedial Law Reviewer.
annual charges taxes
and taxes on the 2. Immovable—
fruits a. Accion interdictal (Rule 70)—(First Level
As to Usufructuary The lessee cannot Court)
other may lease the constitute a usufruct i. Forcible entry (detentacion);
things property to on the property ii. Unlawful detainer.
another leased.
b. Accion publiciana—plenary action to
recover the better right of possession; must
USUFRUCT be brought within a period of 10 years,
CHARACTERISTICS/ELEMENTS: otherwise the real right of possession is lost.
1. Essential – those without which, it cannot be Issue is possession de jure not de facto;
termed usufruct ordinary civil proceeding. (Real Action,
a. It is a real right (whether registered or jurisdiction is based on assessed value.)
not);
b. It is of a temporary nature or duration; c. Accion reinvindicatoria—recovery of
c. Its purpose is to enjoy the benefits and dominion of property as owner. Issue, is
derive all advantages from the object as ownership and possession (e.g. Cancellation
a consequence of normal use or of Title with Reconveyance, Quieting of Title)
exploitation. (Real Action, jurisdiction is based on
assessed value.)
2. Natural – that which ordinarily is present, but a
contrary stipulation can eliminate it because it is
not essential; PARTITION
a. The obligation of conserving or Governed by Rule 69. If an heir has not received his
preserving the form and substance share in the inheritance, the remedy is to file a case for
(value) of the thing. reconveyance. The other heirs are deemed constituted
as trustee of the property.
3. Accidental – those which may be present or
absent depending upon the stipulation of the Art. 1451. When land passes by succession to any
parties person and he causes the legal title to be put in the
a. Whether it be a pure or a conditional name of another, a trust is established by implication of
usufruct; law for the benefit of the true owner.
b. Number of years it will exist;
c. Whether it is in favor of one person or HIDDEN TREASURES
several, etc. Art. 438. Hidden treasure belongs to the owner of the
land, building, or other property on which it is found.
EASEMENT; NUISANCE; ABATEMENT Nevertheless, when the discovery is made on the
Article 637 of the New Civil Code provides that the owner of property of another, or of the State or any of its
the higher estate cannot make works which will increase the subdivisions, and by chance, one-half thereof shall be
burden on the servient estate. (Remman Enterprises, Inc. v. allowed to the finder. If the finder is a trespasser, he
CA, 330 SCRA 145 [2000]). shall not be entitled to any share of the treasure.
If the things found be of interest to science of the arts,
the State may acquire them at their just price, which
EASEMENT RIGHT OF WAY shall be divided in conformity with the rule stated. (351a)
REQUISITES:
NOTES:
1. The dominant estate must be surrounded by
Usufructuary is considered a stranger.
other immovables, and which has no adequate
Chance” does not mean sheer luck. It includes
outlet to a public highway;
intentional act of looking for the hidden treasure with the
2. Payment of proper indemnity;
use of gadgets.
No indemnity if land is acquired by and
If there is agreement regarding the sharing, the
is surrounded by the other estates of the
agreement may be followed.
vendor, exchanger, or co-owner through
If the finder is merely employed to dig or find the
—
treasure, he is not entitled to a share BUT is entitled to
a. Sale;
his wages.
b. Exchange;
c. partition
3. Isolation should not be due to proprietor’s own MORTGAGE; PACTUM COMMISSORIUM
acts; The property constituted as a security of a loan cannot
4. Right of way claimed is at a point least be stipulated to be automatically owned by the creditor in
prejudicial to the servient estate case of non-payment of the obligation. Such is against
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public policy.
Art. 2088. The creditor cannot appropriate the things CO-OWNERSHIP PARTNERSHIP
given by way of pledge or mortgage, or dispose of them.
No legal personality Has a distinct legal or
Any stipulation to the contrary is null and void. (1859a)
juridical personality
PROHIBITION AGAINST PACTUM COMMISSORIUM
Created by contract or Created by contract
1. Stipulation is null and void.
other things (like law, only
2. Requisites:
succession, etc.)
a. There should be a pledge or mortgage;
b. There should be a stipulation for an Purpose is collective Purpose is for profit
automatic appropriation by the creditor enjoyment of a thing
of the property in the event of non- Agreement for it to exist
payment. for more than 10 years
(valid as to the 10 years
3. Effect on security contract – nullity of the and void as to the No term limit
stipulation does not affect validity and efficacy of excess)
the principal contract.
If imposed by the
testator of a donor, valid
RIGHT OF REDEMTION VS. EQUITY OF up to 20 years (void as
REDEMPTION to the excess)
As a rule, there is
As a rule, no mutual mutual representation
JUDICIAL EXTRAJUDICIAL representation (when no managing
FORECLOSURE FORECLOSURE partner is appointed in
Requires court No court intervention the articles)
intervention necessary Not dissolved by death Dissolved by death or
There is only an equity Right of redemption exists or incapacity of a co- incapacity of a partner
redemption owner
Rule 68 Act 3135 Cannot dispose his
Can dispose of his share in such a way that
EQUITY of RIGHT OF REDEMPTION share without consent will make the transferee
REDEMPTION of other co-owners a partner without
Right of the defendant Right of the debtor, his consent of the other
mortgagor to extinguish successors in interest or partner
the mortgage and retain any judicial or judgment Profits are dependent Profits may be
ownership of the creditor of said debtor or on the proportionate stipulated upon by the
property by paying the any person having lien on share partners.
debt within 90- 120 the property subsequent to
days after the entry of the mortgage or deed of
judgment or even after trust under which the CO-OWNERSHIP JOINT TENANCY
the foreclosure but prior property is sold to redeem Involves a physical Involves a physical
to confirmation of sale the property within 1 year whole. But there is an whole. But there is no
by the court from the registration of the ideal or abstract ideal or abstract
sheriff’s certificate of division; each co-owner division; each and all of
foreclosure sale being the owner of his them own the whole
Governed by Rule 68 Governed by Rule 39 sec. ideal share thing
29- 31 Each co-owner may Each joint owner may
Period is 90- 120 days Period is 1 year from date dispose of his ideal or not dispose of his own
after entry of judgment of registration of certificate undivided share without share without the
or prior to confirmation of sale the other’s consent consent of all the rest,
of sale because he really has
no ideal share
NUISANCE If a joint tenant dies, his
Art. 694. A nuisance is any act, omission, establishment, If a co-owner dies, his share goes by accretion
business, condition of property, or anything else which: share goes to his own to the other joint tenants
(1) Injures or endangers the health or safety of others; or heirs by virtue of their
(2) Annoys or offends the senses; or survivorship or jus
(3) Shocks, defies or disregards decency or morality; or accrecendi
(4) Obstructs or interferes with the free passage of any If a co-owner is a minor, If one joint tenant is
public highway or street, or any body of water; or this does not benefit the under legal disability
(5) Hinders or impairs the use of property. others for the purpose (like minority), this
of prescription, and benefits the other
prescription therefore against whom
CO-OWNERSHIP runs against them prescription will not run
When a property is owned by several people, there exist
co-ownership.
CO-OWNERSHIP RIGHTS
RIGHTS OF CO-OWNERS:
1. Right to benefits proportional to respective
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PROCUREMENT OF PATENT WHEN done whimsically or arbitrarily; the right of the grantee
(would be buyer/seller) is damages and not specific
THERE IS FRAUD performance (Ang Yu vs. CA, 1994).
A free patent obtained through fraud or • The basis of liability is abuse of right (art. 19,
misrepresentation is void. Furthermore, the one-year NCC).
prescriptive period provided in the Public Land Act does
not bar the state from asking for the reversion of An option clause in order to be valid and enforceable
property acquired through such means. ---------- Well- must indicate the definite price at which the person
settled is the doctrine that the registration of a patent granting the option is willing to sell. Contract can be
under the Torrens system does not itself vest title; it enforced (specific performance) and not only damages
merely confirms the registrant’s already existing one. (Equatorial vs. Mayfair, 264 SCRA 483).
Verily registration under the Torrens system is NOT A
MODE of ACQUIRING OWNERSHIP (Republic vs. Heirs
of Felipe Alejaga, 393 SCRA 361 [2002]). INEXISTENT CONTRACTS VS.
ANNULLABLE CONTRACTS
PRESCRIPTION INEXISTENT CONTRACTS are considered as not having
been entered into and, therefore, void ob initio. They do not
When registration is procured by fraud, the action does create any obligation and cannot be ratified or validated, as
not prescribe, except if barred by estoppel by laches. there is no agreement to ratify or validate. On the other hand,
ANNULLABLE or VOIDABLE CONTRACTS are valid until
invalidated by the court but may be ratified. In inexistent
LACHES ELEMENTS contracts, one or more requisites of a valid contract are absent.
The four basic elements of laches are; (1) conduct on the part In anullable contracts, all the elements of a contract are
of the defendant or of one under whom he claims, giving rise to present except that the consent of one of the contracting
the situation of which complainant seeks a remedy; (2) delay in parties was vitiated or one of them has no capacity to give
asserting the complainant's rights, the complainant having had consent.
knowledge or notice of the defendant's conduct and having
been afforded an opportunity to institute suit; (3) lack of
knowledge on the part of the defendant that the complainant PRIVITY OF CONTRACTS
would assert the right on which he bases his suit; and (4) injury Art. 1159. Obligations arising from contracts have the
or prejudice to the defendant in the event relief is accorded to
the complainant, or the suit is not held to be barred.
force of law between the contracting parties and should
be complied with in good faith. (1091a)
Note: Art. 1159 is the principle of “pacta sunt
INDEFEASIBILITY RULE OF TORRENS servanda”.
TITLE OBLIGATION EX CONTRACTU (in general):
The rule of indefeasibility of a Torrens Title means that after 1. Must be complied with in good faith;
one year from the date of issue of the decree of registration or 2. It is the law between the parties;
if the land has fallen into the hands of an innocent purchaser 3. Neither party may unilaterally evade his obligation in
for value, the title becomes incontestable and incontrovertible. the contract, unless –
a. Contract authorizes it;
The one year period, however, refers only to the action b. Other party assents.
attacking the certificate of title and not the title over the
property. Title, as understood in our jurisprudence, refers to
• Note: However, equity may be a ground to relax
ownership. Thus, when a certificate of title is wrongly issued to
a person having no title over the property, the same can be the strict application of the terms of the contract and
attacked despite the lapse of one year since the registration is when the principle of ribus sic stantibus will apply.
void.
4. Parties may freely enter into any stipulations provided
they are not contrary to law, morals, good customs,
public order or public policy.
CONTRACTS
CONSENSUAL CONTRACT VS. REAL RELATIVITY OF CONTRACTS
CONTRACTS Art. 1311. Contracts take effect only between the
CONSENSUAL CONTRACTS are those which are perfected parties, their assigns and heirs, except in case where
by mere consent (Art. 1315. Civil Code). REAL CONTRACTS the rights and obligations arising from the contract are
are those which are perfected by the delivery of the object of not transmissible by their nature, or by stipulation or by
the obligation. (Art. 1316, Civil Code) Examples of real provision of law. The heir is not liable beyond the value
contracts are deposit, pledge, commodatum and simple loan
of the property he received from the decedent.
(mutuum).
them; PAYMENT
(4) Those which refer to things under litigation if they Requisites: (clue words only)
have been entered into by the defendant without the 1. Right amount;
knowledge and approval of the litigants or of competent 2. Proper parties;
judicial authority; a. Creditor
(5) All other contracts specially declared by law to be b. Debtor
subject to rescission. c. Their heirs, assigns, or agent/s
d. 3rd persons, in certain cases.
Sale undertaken in fraud of creditors maybe rescinded
by the creditors. 3. Proper time;
4. Proper place.
OBLIGATIONS
DACION EN PAGO
ALEATORY CONTRACTS Is a mode of extinguishing an obligation whereby the
Art. 2010. By an aleatory contract, one of the parties or debtor alienates in favor of the creditor property for the
both reciprocally bind themselves to give or to do satisfaction of monetary debt; extinguish up to amount of
something in consideration of what the other shall give property, unless there is a stipulation that the dacion
or do upon the happening of an event which is uncertain, would be a complete payment of the obligation.
or which is to occur at an indeterminate time.
EXTINGUISHMENT; CONDONATION
CONDITIONAL OBLIGATIONS CONDONATION/REMISSION
RESOLUTORY CONDITION Is a gratuitous abandonment of debt, or right to claim.
Art. 1179. Every obligation whose performance does not Requisites:
depend upon a future or uncertain event, or upon a past 1. There must an agreement;
event unknown to the parties, is demandable at once. 2. There must be subject matter;
Every obligation which contains a resolutory condition 3. Cause or consideration must be liberality;
shall also be demandable, without prejudice to the 4. Parties must be capacitated and must consent; it
effects of the happening of the event. requires acceptance by the obligor; implied in mortis
causa and express in inter vivos;
5. Formalities of donation is needed in case of express
EXTINGUISHMENT remission;
Art. 1231. Obligations are extinguished: 6. Obligation remitted must have been demandable at
(1) By payment or performance: the time of remission.
(2) By the loss of the thing due:
(3) By the condonation or remission of the debt;
(4) By the confusion or merger of the rights of creditor COMPENSATION
and debtor; Art. 1279. In order that compensation may be proper, it
(5) By compensation; is necessary:
(6) By novation. (1) That each one of the obligors be bound principally,
and that he be at the same time a principal creditor of
Other causes of extinguishment of obligations, are the other;
annulment, rescission, fulfillment of a resolutory (2) That both debts consist in a sum of money, or if the
condition, and prescription. things due are consumable, they be of the same kind,
and also of the same quality if the latter has been stated;
(3) That the two debts be due;
(4) That they be liquidated and demandable;
DATION IN PAYMENT CESSION IN (5) That over neither of them there be any retention or
PAYMENT controversy, commenced by third persons and
One creditor Plurality of creditors communicated in due time to the debtor.
Not necessarily in state of Debtor must be
financial difficulty partially or relatively
insolvent EXTINGUISHMENT; EXTRAORDINARY
Thing delivered is Universality of property INFLATION
considered as equivalent of of debtor is what is Art. 1250. In case an extraordinary inflation or deflation
performance ceded of the currency stipulated should supervene, the value of
Payment extinguishes Merely releases debtor the currency at the time of the establishment of the
obligation to the extent of for the net proceeds of obligation shall be the basis of payment, unless there is
the value of the thing things ceded of, an agreement to the contrary. (n)
delivered as agreed upon, assigned, unless there NOTE: Applies only to contractual obligations. There
proved or implied from the is a contrary stipulation must be declaration by the government of such fact of
conduct of the creditor inflation or deflation.
Ownership is transferred No transfer of
ownership but only a
right to sell
EXTINGUISHMENT; LOSS
EXTINGUISHMENT; LOSS IMPOSSIBLE
SERVICE
WHEN IS THERE A LOSS:
EXTINGUISHMENT; PAYMENT 1. When the object perishes (physically)
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Nature:
1. Transfers the right to collect the full value of the DOUBLE SALE
credit, even if he paid a price less than such REQUISITES: (double sale)
value. 1. Two or more sales transactions must constitute
2. Transfers all accessory rights. valid sales;
3. Debtor can set up against the assignee all 2. Two or more sales transactions must pertain to
defenses he could have set up against the the same object or subject matter;
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If the contract is cancelled, the seller shall refund to the TRANSFER OF OWNERSHIP; RISK OF
buyer the cash surrender value equivalent to fifty percent
(50%) of the total payments made, and after five years of LOSS
installments, an additional five percent (5%) every year WHO BEARS THE RISK OF LOSS:
but not to exceed ninety percent (90%) of the total 1. Before Perfection –
payments made. a. Res perit domino
b. Seller is the owner, so seller bears the
(2) In case the installments paid were less than 2 years, risk of loss.
the seller shall give the buyer a grace period of not less
than 60 days. If the buyer fails to pay the installments 2. At Perfection –
due at the expiration of the grace period, the seller may a. Res perit domino.
cancel the contract after 30 days from receipt by the b. Contract is inefficacious because loss of
buyer of the notice of cancellation or demand for the subject matter does not affect the
rescission by notarial act. validity of the sale.
c. Seller cannot anymore comply, so buyer
cannot anymore be compelled.
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novation
3. After perfection but before delivery – Subleasing is allowed Assignment is not
a. Loss – conflicting unless there is an allowed unless the
I. Paras – buyer express prohibition to lessor gives his consent
II. Tolentino – seller the contrary
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Principal purpose
PARTNERSHIP JOINT VENTURE Safekeeping Consumption Transfer for use
(particular) Demandability
A sort of informal May demand
A formal partnership partnership, with no firm return at will
name (American (PRECARIUM)
concept of Joint Demand of the Lender must or only after the
Account) thing at will (if wait until expiration of the
Has legal personality No legal personality unilateral) expiration of period or
Various transaction Limited to a single period granted accomplishment
transaction generally to debtor of the use of the
thing subject to
exceptions
PUBLIC INSTRUMENT AND INVENTORY Object
NEEDED IF IMMOVABLE PROPERTY IS Both movable
CONSTRIBUTED TO THE PARTNERSHIP and
CONTRACT immovable. Only money
But in extra- and other Both movable
judicial fungible thing and immovable
COMMODATUM & MUTUUM deposit, only may be object
COMMODATUM MUTUUM movable
(simple loan) property
Ordinarily non- Money or (corporeal)
Object consumable other may be object
consumable Nature
thing May be May be Essentially and
Ownership of Ownership is Ownership is gratuitous gratuitous always
the thing retained by the transferred to gratuitous
lender the borrower
Gratuitous or SURETY
Cause Essentially onerous (if
GUARANTY SURETYSHIP
gratuitous with stipulation
to pay interest) Liability depends upon Assumes liability as a
an independent regular party to the
Borrower need
agreement to pay the undertaking
Thing to be Borrower must only pay the
obligation if the primary
returned return the same same amount
debtor fails to do so
thing loaned of same kind
and quality Engagement is a Charged as an original
collateral undertaking promisor
May involve real Only personal
Subject matter or personal property Primarily liable –
property undertakes directly for
the payment without
Loan for use or Loan for
Secondarily liable – he reference to the
Purpose temporary consumption
contracts to pay if, by solvency of the
possession
the use of due principal, and is so
Bailor may
diligence, the debt responsible at once the
demand the Lender may
cannot be paid latter makes a default,
return of the not demand its
without any demand by
When to thing loaned return before
the creditor upon the
return before the the lapse of
principal whatsoever or
expiration of the the term
any notice of default
term in case of agreed upon
Only binds himself to Undertakes to pay if the
urgent need
pay if the principal principal do not pay,
Borrower
cannot or unable to pay without regard to his
suffers the
ability to do so
Loss of the loss (even if
Insurer of the solvency Insurer of the debt
Who bears the subject is caused
of the debtor
risk of loss suffered by the exclusively by
bailor since he is a fortuitous Less onerous More onerous
the owner event and he
is not therefore ANTICHRESIS
discharged
from his duty
to pay) PLEDGE
Nature Purely personal Not purely PLEDGE VS. MORTGAGE
personal PLEDGE MORTGAGE
DEPOSIT Constituted on Constituted on
DEPOSIT MUTUUM COMMODATUM movables movables and
immovables
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SPECIAL AGENT
A public officer performing acts foreign to his
ordinary duties.
TEACHER’S LIABILITY
The basis of the teacher’s liability is the principle of loco
parentis (stand in place of parents). So long as the
students remain in the protective and supervisory
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