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v.
provided. This Code shall take effect one year a. T de a d he ld la be e
after such publication. 7. La ide e ac i i --
a. he he la e e l ide f
D-days
-
ART 3: ignorance of the law excuses no one from NOTE: if he a iage i VOID=DECLARATION OF
compliance therewith. NULLITY OF MARRIAGE; a iage i
VOIDABLE=ANNULMENT OF MARRIAGE
***ca i ke a a defe e;
PUBLICATION: c ci e ice all; e ed ART 6: Rights may be waived, unless the waiver is
k he la contrary to law, public order, public policy,
morals, or good customs, or prejudicial to a third
ART 4: laws shall have no retroactive effect; person with a right recognized by law.
unless the contrary is provided
GR: all igh MAY be ai ed
GR: la hall ake ec i e effec XPN:
XPN e ac i i : (la ) 1. Wai e be c a la , blic
1. C a i e-- de , blic lic , al , g d c
a. T c e he defec f he ld la ; 2. Wai e be ej dicial a hi d
e la hall be a lied e ac i el e h ha al ead ac i ed a e ed
a ai i e igh
2. P ced al--
a. SC a e d he le f c h gh ELEMENTS OF A VALID WAIVER OF A RIGHT
Ci c la ; b a ial la ae 1. E i e ce f a igh
ej diced ( b a ial igh ill 2. K ledge f ha igh
be i ai ed) 3. Wai i g he igh ; i ellige l a d
3. E e ge c l a il
a. la bef e a ed i ake a hile 4. I e i eli i h e ce ha igh
bef e a bill bec e a a la ; 5. Legal ca aci ai e he igh
add e he eed i h ld a l 6. Pe al igh
e ac i el
4. Ta -- ART 7: Laws are repealed only by subsequent ones,
a. A eed f addi i al e e e: la and their violation or non-observance shall not be
bef e a ed i ake a hile excused by disuse, or custom or practice to the
bef e a bill bec e a a la ; contrary.
B A D C A 1 1
I
When the courts declared a law to be inconsistent lawmaking body intended right and justice to
with the Constitution, the former shall be void and prevail.
the latter shall govern. *** ba i f he deci i f he j dge; he fac ,
Administrative or executive acts, orders and la f he ca e, a d iece f he e ide ce
regulations shall be valid only when they are not
contrary to the laws or the Constitution. ART 11 Customs which are contrary to law, public
order or public policy shall not be countenanced.
-
-
p admit as acceptable or possible.
TWO KINDS OF REPEAL - he e i la ha ill be a ba i ;
1. E e j dge e i all ed b a ac i ;
a. I dica ed i he e la ha i i a ba e i j dge e ba ed CUSTOMS,
e e l e eali g he ld la
2. I lied C - ac f a a f e le hich ha bee
a. T la hich a e I c i e ih ac iced e a l g e i d f i e; PLURALITY OF
each he ; ACTS;REPETITIVE a d KNOWLEDGE ha i i
b. Ele e f I lied e eal c a la , blic lic , blic de , g d
i. Ne la i i c i e ih c a d al
he ld la
ii. B h la eak f he a e ART 12:A c stom m st be pro ed as a fact,
bjec a e ; hich ca according to the r les of e idence.
be i le e ed a he a e - de he le e ide ce; c be
i e ed alleged;
iii. Ne la ill e ail; e la
c ide ed a he effec i e ART 13: da e a d i e; h
la ***f he e c i i e e i d: e cl de fi da , a d
i cl de he la da
Pa 2 a 7 he a bec e effec e
CONSTI e ail ; f da e al la f he la d; if ART 14; Penal laws and those of public security
he e i a la ha i i la i e f he c i i ; and safety shall be obligatory upon all who live or
he h ld be decla ed c i i al sojourn in the Philippine territory, subject to the
principles of public international law and to
J dicia ill decla e he la c i treaty stipulations.
- e al la a d h e blic afe a d
Pa 3 ad e a d eg h ch e e a ba c ec i ae bliga bjec
a i e a i al la
Ca ha ad i le a d eg a e d, e a d a d
dif he ba ic la ? GR: all e he he ci i e f eig e h
-i ca be alid a d he BASIC LAW e el j i c a e g e ed b he PH
e ail e al la a d la blic afe a d ec i
- i le e i g le a d eg ; a e l f XPN:
i le e a i he ef e, he ca a e d, he 1. EXTERRITORIALITY- a f eig a i al i
ca e a da d dif he ba ic la i hi he PH e i ial j d beca e he i
he head f a e a a ba ad ; he i he
Whe la bec e i effec i e: La la e b i e e e a i e f hi c --if i la ed
e la ; e e d he back hei c
a d c ide he e a gaa
ART. 8 Judicial decisions applying or interpreting
the laws or the Constitution shall form a part of 2. EXTRATERRITORIALITY- e ali hich a e
the legal system of the Philippines. f e i ial j d beca e f ea ie
a d e ec i e ag ee e ;
deci i f he e e c bec e j dicial a. E . Milil a ba e ag ee e
ecede ce; he bec e a f he la f he la d
(j i de ce) NATIONALITY DOCTRINE
ART 15. Laws relating to family rights and duties,
exception to ***deci i f CA a d RTC a e HIGHLY PERSUASIVE or to the status, condition and legal capacity of
f b
of the he d bec e a f he la f he la d persons are binding upon citizens of the
form part Philippines, even though living abroad.
law
-
ART 9; No judge or court shall decline to render
judgment by reason of the silence, obscurity or Wha a e ha g e :
insufficiency of the laws. 1. Fa il igh a d d ie
j dge hall e a e e a ll he deci i 2. C di i
3. Legal a
ART 10:In case of doubt in the interpretation or 4. Legal ca aci
application of laws, it is presumed that the ***all a e g e ed b PH la ega dle he e he
Fili i ci i e i
B A D C A 1 1
3
- I a e ial he he i i d e illf ll
XPN: ART 26 a 2 FC: e f he h ba d a d ife eglige l
bec e a f eig e ; h b ai ed a di ce dec ee - C a la
i acc da ce i h hi e a i al la - Da age ill be gi e he e i j ed
***effec b h a e all ed e a b he e h c i ed he ac ei he
eglige l i e i all
NOTE: FILIPINO CITIZENS (b h) ca b ai a
di ce dec ee i he c ART 21: Any person who wilfully causes loss or
injury to another in a manner that is contrary to
ART 16; morals, good customs or public policy shall
Article 16. Real property as GR: a 1 : eal e a d e al e compensate the latter for the damage.
g e ed b he la f he c he e i i - Ac be d e illf ll i e i all
well as personal property is i la ed (le ei i / i ae) - C a al (CONTRA BONUS MORES)
subject to the law of the - The ac i c i ed c a la b
country where it is stipulated. XPN: a 2 i ca e f e a e a i e ae c a la , al , blic lic , blic
However, intestate and testamentary cce i ; de a d g d c
successions, both with respect to the order of O de f cce i ;
succession and to the amount of successional A f cce i al igh a d ART 22: Every person who through an act of
rights and to the intrinsic validity of I i ic alidi ; performance by another, or any other means,
testamentary provisions, shall be regulated by ****g e ed b he a i al la acquires or comes into possession of something at
the national law of the person whose
f he e a h e cce i i de the expense of the latter without just or legal
succession is under consideration, whatever
may be the nature of the property and c ide a i ; ega dle f he a e f he ground, shall return the same to him.
regardless of the country wherein said property a d he lace he e i i l ca ed (i i ic alidi : - SOLUTIO INDEBITI- j e ich e ;
may be found. (10a) di ib i f he e a e, di ib i f he bliga i e f e e h
e ie f he decede ) ecei ed e hi g hich he ha legal
igh ecei e; fail e e :liable f
Article 17. The forms and solemnities of ART 17 validity of docs (public instruments, da age
contracts, wills, and other public contracts)-
instruments shall be governed by the laws of GR: he f ali ie a d he le i ie i he ART 23:Even when an act or event causing damage
the country in which they are executed. e ec i f blic i e , c ac a ill; to another's property was not due to the fault or
When the acts referred to are executed ill be g e ed b he la f he lace he e i a negligence of the defendant, the latter shall be
before the diplomatic or consular officials of e ec ed (le l ci celeb a i i ) liable for indemnity if through the act or event he
the Republic of the Philippines in a foreign
country, the solemnities established by
was benefited.
Philippine laws shall be observed in their XPN: - N eglige ; b be efi ed he ce h ld
execution. 1. he he c ac ha bee e ec ed i a i de if
Prohibitive laws concerning persons, their c la f a c ; ch c hall
acts or property, and those which have for g e he c ac ; REASON: c la ffice PRINCIPLE OF PARENS PATRIAE
their object public order, public policy and i he e e i f he e i f he ch ART 24: In all contractual, property or other
good customs shall not be rendered
c relations, when one of the parties is at a
ineffective by laws or judgments
promulgated, or by determinations or 2. Pa . 3 a 17: ac hich a e i la i e f disadvantage on account of his moral dependence,
conventions agreed upon in a foreign a da / hibi la f PH (e . ignorance, indigence, mental weakness, tender age
country. (11a) Di ce dec ee b ai ed i a he c ) or other handicap, the courts must be vigilant for
his protection.
ABUSE OF RIGHTS PRINCIPLES - ec i f he a e; h gh he c
- Mi , e all eak, he i dige
ART 19:-every person must in the exercise of their
rights and in the performance of their duties act ART 25: Thoughtless extravagance in expenses for
with justice, give everyone his due, and observe pleasure or display during a period of acute public
honesty and good faith. want or emergency may be stopped by order of
the courts at the instance of any government or
*** a da d al c d c hich h ld be private charitable institution.
c lied i h a e be f he ci ili ed cie ; if - e a aga ce a e e e ge c
i la ed e al ie a e gi e de ARTS 20 &21
ELEMENTS
ELEMENTS OF ABUSE OF RIGHT 1. Decla a i f a a i al e e ge c
1. The e i a legal igh d 2. The e i h gh le e a aga ce
2. E e ci ed i bad fai h 3. A head f g e e i ae
3. O l ej dice a he e cha i able i i i ; hall be he e g
c f he aba e e f he h gh le
Pe al ie e a aga ce
ART 20: Every person who, contrary to law, *** e e cha a d di de
wilfully or negligently causes damage to another,
shall indemnify the latter for the same. RIGHT FOR PRIVACY AND DIGNITY
a e f da age
B A D C A 1 1
4
ART 26:Every person shall respect the dignity, in case the complaint should be found to be
personality, privacy and peace of mind of his malicious.
neighbors and other persons. The following and
similar acts, though they may not constitute a If in a criminal case the judgment of acquittal is
criminal offense, shall produce a cause of action based upon reasonable doubt, the court shall so
for damages, prevention and other relief: declare. In the absence of any declaration to that
effect, it may be inferred from the text of the
(1) Prying into the privacy of another's residence: decision whether or not the acquittal is due to
that ground.
(2) Meddling with or disturbing the private life or
family relations of another; GR: if he e i ac i al ba ed ea able d b :
acc ed i liable f a e f ci il i de i
(3) Intriguing to cause another to be alienated XPN: he e a a decla a i f he j dg e : ha
from his friends; he fac he e he ci il liabili a ai e d
e i
(4) Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of ART 30: When a separate civil action is brought to
birth, physical defect, or other personal condition. demand civil liability arising from a criminal
offense, and no criminal proceedings are
instituted during the pendency of the civil case, a
- Ma file ci ac i preponderance of evidence shall likewise be
sufficient to prove the act complained of.
ART 27: ffe a e ial l i fail e ef
d f a blic ffice (ONLY MINISTERIAL) ART 31: When the civil action is based on an
- P blic ffice eglec hi i i e ial obligation not arising from the act or omission
f c i ; a file ac i agai he PO complained of as a felony, such civil action may
- Ci il proceed independently of the criminal proceedings
- Ad i i a i e and regardless of the result of the latter.
- C i i al - File a e a a e ci il ac i ba ed l
e de a ce f e ide ce; b de c i
2 ki d f f c i f a PUBLIC ffice ; ce c i ac i ha bee filed, he ci il
1. Di c e i a a ec i i liedl i i ed; ci il ac i i
2. Mi i e ial e ded ( ce f bli i delic )
B A D C A 1 1
5
b le f c hich he S e e C e e he i ca aci a ed e f ce ai
hall lga e a d hich hall be i bliga i , a he he la e a i e f hi ac
c flic i h he i i f hi C de. f e ela i , ch a ea e e .
Ele e :
1. P e i l i i ed ci il action ART 39: The f ll i g ci c a ce , a g he ,
2. The iss es are the same or intimatel dif li i ca aci ac : age, i a i ,
related each he ; i becili , he a e f bei g a deaf- e, e al ,
3. The resol tion of the ci il action ill digali , fa il ela i , alie age, ab e ce,
de e i e he he he crim action ill i l e c a d ee hi . The c e e ce f
proceed/ the g ilt/ innocence of the he e ci c a ce a e g e ed i hi C de, he
acc sed c de , he R le f C , a d i ecial la .
Ca aci ac i li i ed acc f eligi
NOTED: M i S e d he C i i al Ca e a be belief li ical i i .
filed b he acc ed (e P ej d Q e i : BIGAMY; A a ied a , e - e ea f age
decla a i f lli if filed ill ake he c i e, i alified f all ac f ci il life, e ce i
ac i bjec a ej dicial e i ) ca e ecified b la .
B A D C A 1 1
Ppp HMMMM fo property yard marriage
license
place where
the marriage
be issued by the 0*1
any
Imre and
effective
in
120 days the date of
of from
part of the Philippines .
I
ART 43: If he e i a d b , a be ee e d e i fl e ce, i le ce: VOLUNTARILY,
e h a e called cceed each he , a INTELLIGENTLY a d FREELY gi e
hich f he died fi , h e e allege he dea h
f e i he he , hall e he a e; i he FORMAL REQUISITES:
g÷÷÷÷÷÷i÷
ab e ce f f, i i e ed ha he died a he ART 3: The f al e i i e f a iage a e:
a e i e a d he e hall be a i i f igh (1) A h i f he le i i g ffice ;
::*::*::::
f e he he . (2) A alid a iage lice e e ce i he ca e
ided f i Cha e 2 f hi Ti le; a d
*** e h alleged h ha died fi ; if i i (3) A a iage ce e hich ake lace i h he
e ed ha b h ha died a he a e i e a ea a ce f he c ac i g a ie bef e he
***a licable if a ie a e i he i i g cceedi g le i i g ffice a d hei e al decla a i responsible for the irregularity shall be civilly ,
Re i i e be A h i ed:
ART 1: Ma iage i a ecial c ac f e a e I1. Bel g a eligi ec ch ch for intersex the determining factor in -
Basic
-
civil right of a man i be
-
ee a a a d a a e e ed i i r2. Regi e ed i h he ci il egi a
acc da ce i h la f he e abli h e f ge e al/ NSO/ PSA(Phil a i ic gender classification would be what
It is something more than a c j gal a d fa il life. I i he f da i f he a h i )
mere
contract
fa il a d a i i lable cial i i i h e I 3. O e b h f he c ac i g a ie ,
÷ ¥÷ ÷ ÷ ÷¥÷ ÷ ÷
Sptram9Y¥ d i g he a iage i hi he li i ided b hi gi e b he ec ch ch
C de 2. Pil , hi ca ai (i ca e f a iage A ic l
I Essential and I Consent Object M i )
Requite
-
-
,
Formal Requisites and consideration DISTINGUISH SPECIAL CONTRACT OF MARRIAGE FROM - Whe : , 1. Ma iage i a ic l ii
ORDINARY CONTRACT I
2. Be . a e ge ace b h the marriage
- .
and a woman
µ man parties A Re i i e : OC: C e , bjec a d d i g e
only .
c ide a i 3. C la Office :C l, Vice C l, C l
taxi
MARRIAGE: E e ial a d Ge e al;
-
-
-
F al Re i i e 1. C ac i g a ie be b h Fil
"" A . f a ie OC: e Ci i e
.
MARRIAGE: e ; a 2. Ma iage be celeb a ed i ide
a a da a he c la e
A i la i OC: a i la e 4. A i c be e be f he J dicia i hi he
T&C .. . . .
e i ial J d
.
.
XPN: e 5. U i C a de : or
order of the court ela i ; a iage e le e Re i i e : military commander
TB p yqq
,
]
.
:[
Art y says :
-
res::÷÷m÷:::D:: (2) C e =
be a ale a d a fe ale; a d
f eel gi e i he e e ce f he
VALID MARRIAGE LICENSE
GR: alid a iage lice e fi bef e a iage
le i i g ffice . ce e
HA 35
£ XPN:
.
-
C e : gi e b he c ac i g a ie ; ice dea h)
Requirements
: defec f c e 2. C ac i g a ie ; a e i e e lace a d Art 28
*a¥÷¥%ngqqrqI•it
- .
- Vice ha be e e a he i e f ea f a ai
he celeb a i : f a d, i i ida i , 3. MA iage i be . M li a d e be f Art 333
Freely
-
given
.
I
e h ic c l al c i ie ; ided ha
.
.mn:b: ::b
T.ie;:3 !
"
msroiemnnn
B A D C A 1 1
,
.
solemnizing officer
.
with orig
The original of the affidavit them together .
Art go
the LCR fo the municipality
-
.
cert be submitted to
marriage
where it Wav performed w/'m 30 days .
Art . 31 -
The ship captain or
pilot may volimnioe
paangero or crew in a
the f- yrs
.
i h hei ggg
ac ice , i e a d c - If fa able a e al ad ice:
Art 8 Venue: Non observance does not
.
-
invalidate 4. C ac i g a ie COHABITED f 5 ea -
*rt
. 34 a iage e ai VALID
a marriage but can subject
the person persons e
/ih
***
a legal i edi e
e ec e: affida i f
- H
lice
e e LCR ill
e f 90 da
e d a iage
3 months
who cause the violation to civil criminal or
c habi a i
,
a i g ha he a e c habi i g f 5
, - Ma iage c elli g
administrative liability . ea e a d he e i legal i edi e a d p
hei i e a each he pet ***120 da effec i i f he a iage lice e
Exception : Articular Mortis .
a he e i he PH; be d he e i d c ide ed
ART 9:A a iage lice e hall be i ed b he l cal la e
citizens abroad
Art 10
-
Marriage
. Filipino
between ci il egi a f he ci ici ali he e ei he
c ac i g a habi all e ide , e ce i LCR: NOTICE AND PUBLICATION:
I
may be
solemnized by consul
a
general Consul
- j
a iage ,
he e lice e i e i ed i acc da ce Pe i d: 10 da
of the Republic by the Philippines i h Cha e 2 f hi Ti le.
consul
or vice ****if he e a legal i edi e
- .
license and the duties of local civil - Ma iage Lice e hall be a lied a l cal If he e a a legal i edi e , ca he LCR ef e
Marriage
and' folem ni
ang officer may
be ci il egi a : he e ei he f he i a ce f a iage lice e af e blica i ?
registrar
c ac i g a ie habi all e ide - N , beca e i i he i i e ial d f he
them
performed by LCR i e a iage lice e af e
.
¥
(4) Ci il a ; a h ba d a d ife
(5) If e i l a ied, h , he a d he e he 3. I he e e ce f i e e f legal age
e i a iage a di l ed a lled; If i e : a iage i VALID : e e i eg la i
(6) P e e e ide ce a d ci i e hi ; ART4: le i i g ffice i liable c i , ci ad i
(7) Deg ee f ela i hi f he c ac i g a ie ; liable
(8) F ll a e, e ide ce a d ci i e hi f he
fa he ;
(9) F ll a e, e ide ce a d ci i e hi f he
O
A . 4. The ab e ce f a f he e e
e i i e hall e de he a iage
ial f al
id ab i i i ,
= he ; a d
(10) F ll a e, e ide ce a d ci i e hi f he
e ce a a ed i A icle 35
.
o
g a dia e ha i g cha ge, i ca e he *** ab e ce f a e e ial f al=VOID
c ac i g a ha ei he fa he he a d Defec i e e ial= VOIDABLE
i de he age f e - e ea . O l i eg la i i he f al e = VALID
The a lica , hei a e g a dia hall ( e h i e ible hall be ci , c i
be e i ed e hibi hei e ide ce ce ifica e i ad i liable)
a f ali i c ec i i h he ec i g f he
a iage lice e. Be e id he e i e ce f a iage: a iage ce ;
if e i f he i e ; ha i h a iage
ART 21: i held i a blic lace
- f eig e h ld a ach: Ce ifica e f legal PLACES he e a iage ce e a ake lace:
>
Art -8
I ca aci : f
c la fficial )
he e ba (di l a ic / Cha be f he j dge
Office f he c l, c, cg
>
- a ele e / ef gee hall ide: ec e Ch ch, e le la a
affida i bei g a ef gee a a ele
✓ e ; b i a affida i ai g GR: a iage ce e be i a blic lace
ci c a ce h i g ch legal ca aci XPN:
ge a ied i he PH 1. A ic l i
2. Re e a ea a d ea f a
If be age 18 a d 21: h ld a ach i h he a iage 3. I lie : AFFIDAVIT b b b h a ie ;
lice e: e e he le i i g ffice ha
- Pa e al CO e ce e be held i a ecific lace
- Fa he , he a d i i g
g a dia ***e e if he e i e i : PRESUMPTION: a a
- If he e i fa able a e al c e : a d a a de i g he el e a h ba d a d
a iage VOIDABLE (bec e defec ) ife bef e he c i a e c ide ed ha e
alidl e e ed i a c ac f a iage; le
-
B A D C A 1 1
Void and Voidable marriages
{
.
, .
↳tea
.ae?nt%7f.:Ysmnmm::gdtg:.:9tnam.mma
were
: ag%gu%%% manage .
'
void
-
thou:: : unmissed7,9783%7 .
.
z .
Those solemnized a
,
4 Those bigamous or
the other;
.
and
one
contracting party to the identity of
mistake of
au
each other
Stepbrothers and steptitters can
validly marry
-
P 207.
lg÷ ÷ ÷ ÷ ÷ :÷ ÷ ÷i
a ied each he ( e i ai e e e he e (1) Be ee c lla e al bl d ela i e
Y
i a iage ce e i ) he he legi i a e illegi i a e, he
f h ci il deg ee;
PERSONAL DECLARATION
h ba d a d ife:
- N a al a e bal;
ake each
a be b
he a
ee
(2) Be ee
(3) Be ee
child e -i -la ;
e - ae a d e -child e ;
a e -i -la a d .
÷:
ge e; a d ig i g f a iage ce i a (4) Be ee he ad i g a e a d he
e al decla a i ad ed child;
(5) Be ee he i i g e f he
:÷:::::::::::: :÷÷
..
a
ART 26 ad i g a e a d he ad ed child;
( DY: initiated
Par. 1: All marriages solemnized outside the (6) Be ee he i i g e f he
Philippines, in accordance with the laws in force in ad ed child a d he ad e ;
as #up'm at' ten cannot the country where they were solemnized, and (7) Be ee a ad ed child a d a
be
valid there as such, shall also be valid in this legi i a e child f he ad e ;
country, except those prohibited under Articles 35 (8) Be ee ad ed child e f he a e
against public (1), (4), (5) and (6), 3637 and 38. ad e ; a d
-
policy .
(9) Be ee a ie he e e, i h he
MARRIAGES CONTRACTED ABROAD: i e i a he he , killed ha he
GR: I acc da ce i h he la f he f eig c e ' e, hi he e.
Referring to both ill be c ide ed alid i he PH (Le l ci
in celeb a i i ):
Filipino marrying 26
XPN: pp Par 2. Where a marriage between a Filipino
.
Mottern
r 1. J dicial decla a i - All fil e e a :
dead ✓ 2. di l i a d di ib i f 1. F eig e b ai ed a ab l e
already .
e egi e
in
dec ee di ce dec ee i a he
Judicial Declaration of prompt
've Death
/ 3. Deli e f he e i e
void
c
legi i e he legi child e 2. FIl ci e ab l e di ce
marriage contracted by any party
A oho at the time
of
5. ART 36 : P ch l gical I ca aci dec ee: c ill ake j dicial
,
the celebration
psychologically incapacitated to comply with the
was
i. g a e/ e i ice
,
✓toga
*** he e e b h ca c l e a iage he ba i lel f a fi al
i h he e e ial a i al bliga i ; j dg e decla i g ch e i a iage
he ae l i e ii e a d id.
i c ee c l *** ec e fi j dicial decla a i f lli f
E e ial a i al Obliga i : a iage bef e c ac i g a he a iage;
must be present at the time of the marriage
ceremony but can
✓ 1. Li e ge he he i e a be ec ed a d e e be c ic ed
be manifested later on during the marriage .
✓ 2. M al biga
r 3. L e
r 4. Hel WHEN CAN THERE BE TWO VALID MARRIAGES EXISTING
/ 5. fideli AT THE SAME TIME?
***if ca c l a be 1. The e be ab e ce f e f he e
c ide ed ch i ca : a iage i VOID AB INITIO - Pe i d e i ed b la i :
Because grossly indecent immoral
,
ha e e deg ee - 2 c i ea -
future generations .
ii. Be b a d i he he f ll EXTRAORDINARY (g a e
half bl d da ge f dea h)
0
7. ART 38 : a iage
f blic lic
hich a e id b ea 2. P e e
he ab e ee
e ha a ell f ded belief ha
e i dead; g d fai h he a
f he e e e
obsolete rustily of
B A D C A 1 1 Art 39 .
.
The action on
defense for the declaration of
a marriage shall not prescribe
( Petition for the declaration of nullity of marriage)
.
*
FC which
* If marriage happened prior to the effectivity of
was on August 3, 1988, prescriptive period is 10years from
August 3, 1988 .
a
previous judicial declaration of nullity of the previous void marriage .
9
- M
e
ec e a j dicial decla a i
i e dea h (Fa il C
f
/
Oa. Child e
he b e e
i he e
a iage i
f
§t$
3 .
o
he i i f A icle 391 f he Ci il C de, a e e if i e cable; hall be e ked
4 .
\
ab e ce f l
F he e f c
ea hall be fficie .
ac i g he b e e
b
✓
eai
E.
f la
he e i bad fai h
a iage de he ecedi g a ag a h he e ca be a hei ; he he
pop e e i i e a a ceedi g a e a e a i e a e cce i
µ¥p&
ided i hi C de f he decla a i f
* e i e dea h f he ab e ee, ih A . 43. The e i a i f he b e e a iage
ej dice he effec f ea ea a ce f he ab e efe ed i he ecedi g A icle hall d ce he
e. f ll i g effec :
(1) The child e f he b e e a iage
A . 42. The b e e a iage efe ed i he c cei ed i i e i ai hall be c ide ed
ecedi g A icle hall be a a icall e i a ed legi i a e;
b he ec di g f he affida i f ea ea a ce f (2) The ab l e c i f e he
It however the
he ab e e, le he e i a j dg e c j gal a e hi , a he ca e a be, hall be
spouse reappeared and he or rhe or
any a lli g he e i a iage decla i g i id di l ed a d li ida ed, b if ei he e
.
,
interested
party does not file affidavit or sworn
ab i i i . c ac ed aid a iage i bad fai h, hi he ha e
an
,
there will
technically exist
2 valid marriage . ea ea a ce hall be ec ded i he ci il egi f c j gal a e hi e hall be f fei ed i
It is at this point where a valid bigamous he e ide ce f he a ie he b e e fa f he c child e , if he e a e e,
marriage
shall exist if the marriage between the 2nd a iage a he i a ce f a i e e ed e , he child e f he g il e b a e i
wife
and
" in ih d e ice he e f he b e e a iage i defa l f child e , he i ce
the reappearing wife it
ref Valid
a iage a d ih ej dice he fac f e;
.
of marriage
once
and all donations by reason
other are revoked
of the
dispositions made
by or in favor
by operation of law .
10
f ll i g ca e , e isting at the time of the c i e f a d efe ed i N be 3 f heNo fraud when there is no concealment or Itiscloture
.
-
(2) Tha ei he a a f d i d, le (4) C ceal e f dr g addiction, habit al
ch a af e c i g ea , f eel c habi ed alcoholism or homose alit or lesbianism e i i g
i h he he a h ba d a d ife; a he i e f he a iage.
(3) That the consent of either part as obtained N he i e e e ai decei a cha ac e ,
b fra d, nless s ch part after ards, ith f ll heal h, a k, f e cha i hall c i e ch
kno ledge of the facts constit ting the fra d, fa d a ill gi e g d f ac i f he
freel cohabited ith the other as h sband and a l e f a iage. (86a)
ife;
(4) Tha he c e f ei he a a b ai ed b A . 47. The ac i f a l e f a iage
f ce, i i ida i
-
-
d e i fl e ce,
- le he be filed b he f ll i g e a d i hi he
a e ha i g di a ea ed cea ed, ch a e i d i dica ed he ei :
he eaf e f eel c habi ed i h he he a h ba d (1) F ca e e i ed i be 1 f A icle 45 b
¥
J
¥i.
eache he age 21 b he i j ed a , i hi fi e ea af e he
b. N c e e- i hi 5 ea di c e f he f a d;
af e a ai i g he age f 21 (4) F ca e e i ed i be 4 f A icle 45,
2. UN d i d:a a i e d i g he life i e b he i j ed a , i hi fi e ea f he i e
f he a ie ( e, he f ce, i i ida i d e i fl e ce
is
[ a e /g a dia / d a ) di a ea ed cea ed;
a. U d i d a : a i ed i g (5) F ca e e i ed i be 5 a d 6 f A icle
life i e; d i g l cid i e al 45, b he i j ed a , i hi fi e ea af e he
3. FRAUD: a iage.
a. he i j ed/agg ie ed a : i hi 5
ea af e di c e f he f a d LEGAL SEPARATION: ***e i af e he a iage
4. INTIMIDATION/UNDUE CONSENT: A . 55. A e i i f legal e a a i a be filed
a. he i j ed/agg ie ed a ; i hi 5 a f he f ll i g g d :
ea af e he ice /defec f (1) Repeated ph sical iolence g l ab i e
c e ha cea ed c d c di ec ed agai he etitioner, a common
5. PHYSICAL INCAP (IMPOTENCE): child, or a child of the petitioner;
B A D C A 1 1
Art . 48 and 49 -
Page 330 .
Art 66 .
11
[
-
e de ; RIGHTS AND OBLIGATIONS OF THE PARTIES
(6) Lesbianism or homose alit f he e de ; A . 68. The h ba d a d ife a e bliged li e
amoom.am?:tg:t
.
(7) C ac i g b he e de f a b e e ge he , b e e al l e, e ec a d fideli ,
bigamo s marriage, he he i he Phili i e a d e de al hel a d .
ab ad;
(8) Se al infidelit or per ersion; ***ADMINISTRATION OF THE ACP AND CPG= JOINT
(9) Attempt b he e de against the life of the DOMICILE OF THE SPOUSES= ART 69;b h he h ba d
petitioner; a d ife
(10) Abandonment of petitioner b e de - I ca e f di ag ee e :c hall de e i e
itho t j stifiable ca se for more than one ea . ( a j dicial ceedi g)
F e f hi A icle, he e "child" hall
i cl de a child b a e b ad i . A . 73. Ei he e a e e ci e a legi i a e
fe i , cc a i , b i e ac i i ih
***IN LEGAL SEPARATION he e CANNOT GET he c e f he he . The la e ma object onl
month
cooling of period Ce
:
MARRIED AGAIN: a i al ie i e e ed on alid, serio s, and moral gro nds.
I ca e f di ag ee e , he c hall decide
(
c i i f he ffe e ac c lai ed f;
(3) Whe e he e i conni ance be ee he a ie i PROPERTY RELATIONS
he c i i f he ffe e ac c i i g he
g d f legal e a a i ; A . 74. The e ela i hi be ee h ba d
(4) Whe e both parties ha e gi e g d f legal a d ife hall be g e ed i he f ll i g de :
e a a i ; "" " " "
(1) B a iage e le e e ec ed bef e he
(5) Whe e he e i coll sion be ee he a ie a iage;
b ai dec ee f legal e a a i ; (2) B he i i f hi C de; a d
(6) Whe e he ac i i ba ed b prescription. (3) B he l cal c . (118)
(100a)
A . 75. The f e e a , i he a iage
A . 57. A ac i f legal e a a i hall be filed e le e , ag ee he egi e f ab l e
i hi fi e ea f he i e f he cc e ce f c i , c j gal a e hi f gai , c le e
he ca e. e aai f e , a he egi e. I he
ab e ce f a a iage e le e , he he
COOLING OFF PERIOD: LEGAL SEPARATION egi e ag eed i id, he e f ab l e
- 6 h f he fili g f he legal c i f e a e abli hed i hi C de
e aai ca e: c ill e d he hall g e .
ceedi g ;
- PURPOSE: a ie ec cile; a i al b d
i e e ed; he a e ill a ied i h Whe i he e a alid a iage e le e ?
each he 1. M be i ii g
EFFECT OF RECONCILIATION: 2. Sig ed b he f e e
3. M be e ec ed bef e he celeb a i f
he a iage
B A D C A 1 1
12
B A D C A 1 1
13
B A D C A 1 1
14
XPN: c elli g ea f
*** all he ad i i a e: H ba d he c de c d :
I a ce he he ad i i a i f he e i. E .: ( he be i e e f
a be a fe ed f e e he he : he child i i ai ed)ci il
- Decla a i f ab e ee i e dic i , d g addic ,
- O e f he ; e e ced i h acce i a e, al ea e f he
e al f ci il i e dic i child ei he h ical
- The ad i e bec e i c ee ; e bal, habi al alc h li ,
ake he he e he g a dia f he c icable di ea e,
he i c e i e gh
- F gi i e f j ice; hidi g f he la ide f he child
- N i able ad i i e he e ;c
a a i ; a e (e e a ge ) PROPERTY REGIME:UNIONS WITHOUT A VALID
be i able ad i i e he e MARRIAGE(ART 147/148)
*** a be a fe ed, a aged ad i i e ed e e - G e ed b c - e hi
he e cl i e e f he he e 147: a a d a c habi i h a iage:
- I c e a d ala ill be ha ed e all
ART 99 a d 126 :TERMINATION OF ACP/CPG: - EQUAL CO-OWNERSHIP
(1) U he dea h f ei he e; - Ele e :
(2) Whe he e i a dec ee f legal e a a i ; 1. C habi i g a h & : ei he
(3) Whe he a iage i a lled decla ed id; a iage/V id a iage
2. N legal i edi e
(4) I ca e f j dicial e a a i f e d i g - Ho properties are distrib ted:
he a iage de A icle 134 138. - Eq all distrib ted b h a ie
e e if e did ac all
I ca e f dea h: c ib e he ac i i i f he
- The i i g e file i hi e ea e ie ; b l k ca e f he
f he dea h f he e li ida e he fa il a d a age he h e
e a e f he decede
- NO LIQUIDATION i hi 6 : 148: g e ed b SPECIAL CO-OWNERSHIP-
- The e egi e f he - Ele e :
b e e a iage i COMPLETE 1. C habi i g a h & : ei he
SEPARATION OF PROPERTY b ( f a iage/V id a iage
c e) he b e e a iage i 2. The e i a e i / b e e
VALID a iage; legal i edi e
- A di i i /e c b a ce i NOT - Ho properties are distrib ted:
VALID; c ide ed VOID - E all di ib ed acc di g hei
ac al c ib i ( e ,
P ced e f li ida i : Te i a i f P e e /i d )
el: - If c ib i = ha ea
1. Make a i e f he e ie f he all
e ; hich a e c a d e cl i e
2. Deb : ART 134-138
a. If acc ed f he be efi f he JUDICIAL SEPARATION OF PROPERTY: d ring a alid
fa il - ACP/CPG ill a e f he marriage
deb (g ) - V l a di l i f e
i. Re ai i g bala ce: ( e )
GR: di ided e all ***NOTE: e aj dicial e a a i f e i
XPN: he e i a di i i all ed
i cl ded i he a iage e le e
b. If g i i fficie a he PROCEDURE: Se a a i f P e (V l a
deb :- e cl i e f ill be di l i egi e)
liable f he a e f he deb 1. File a e ified e i i i h he c
3. Re ai i g e cl i e : ill be e ed 2. All he c edi hall be li ed a d ified
he e e 3. Deci i dec eed b he c = C le e
4. Deli e he e i e legi i e f he Se a a i fP e
c child e 4. M be ec ded i LCR a d RD
5. C j gal D elli g/L :C d f Child e :-
ill g he e ih h aj i f Effec : Re i al fF e P e Regi e:
he child e ch e e ai (RATIONALE: - File a e ified e i i i h he a e c
T ec he child e ) hich e de ed he deci i f c le e
a. GR: c d f he child e bel 7 e aa i f e f he e i al f he
ld- bel g he he f e e egi e
B A D C A 1 1
15
B A D C A 1 1
16
- A l he e ai i g a : he Pa e i ; ela i hi f he fa he i h e ec
c edi (a f he bliga i ) he child
- 300k/200k he head f he fa il -
deb Filia i : ela i hi f he child i h e ec he
ae
VALUE OF THE FAMILY HOME
A . 157. The ac al al e f he fa il h e hall A . 163. The filia i f child e a be b a e
e ceed, a he i e f i c i i , he b ad i . Na al filia i a be legi i a e
a f he three h ndred tho sand pesos in illegi i a e.
rban areas, a d t o h ndred tho sand pesos in
r ral areas, ch a a a he eaf e be Filia i a be b a e fic i f la
fi ed b la .
I a e e , if he al e f he c e c cha ge BY NATURE:
af e he ad i f hi C de, he al e 1. Legi i a e
fa able f he c i i f a fa il h e hall 2. Illegi i a e
be he ba i f e al a i . 3. legi i a ed
F e f hi A icle, ba a ea a e dee ed
i cl de cha e ed ci ie a d ici ali ie h e BY FICTION OF LAW:
a al i c e a lea e al ha legall e i ed - Legal ad i
f cha e ed ci ie . All he a e dee ed be
al a ea . LEGITIMATE CHILDREN
1. Child e concei ed/born d i g he alid
BENEFICIARIES OF THE FAMILY HOME: a iage f he a e (ART164)
A . 154. The be eficia ie f a fa il h e a e:
(1) The h ba d a d ife, a a ied e PROOF OF FILIATION: (ART 172)
h i he head f a fa il ; a d - Bi h ce ec ded i he LCR/fi al j dg e
(2) Thei a e , a ce da , de ce da , b he ( blic i e )
a d i e , he he he ela i hi be legi i a e - Ad i i b he fa he i a blic
illegi i a e, h a e li i g i he fa il h e a d i e / i a ha d i e i e
h de e d he head f he fa il f legal ig ed b he c ce ed a e
. Ab e ce f he f eg i g e ide ce: hall PROVE:
- O e a d c i e i f a f
Ca he fa il h e be ld, d a ed legi child
e c be ed? - E : ec da d c e : ba i al
- YES ided he e i c e f he aj i ce ifica e, ch l ec d , ecei f
f h e h a e li i g i he fa il h e e c.
( i - h gh g a dia /legal - O he ea all ed b he le f c /
e e e a i e) ecial la
B A D C A 1 1
17
B A D C A 1 1
18
B A D C A 1 1
19
B A D C A 1 1
20
a e da ce, ed ca i a d a a i , in keeping
ith the financial capacit of the famil . GR: he fa he a d he he j i l e e ci e
a e al a h i e hei c child e
The ed ca i f he e e i led be ed - I ca e f di ag ee e ; he fa he deci i
efe ed i he ecedi g a ag a h hall i cl de ill e ail
hi ch li g ai i g f e fe i , ade - U le he e i j dicial deci i he
ca i , e e be d he age f aj i . c a
Ta ai hall i cl de e e e i g i g a d
f ch l, a df lace f k. A . 212. I ca e f absence or death of either
parent, he a e e e hall c i e e e ci i g
a e al a h i . The remarriage of the s r i ing
THE FF: ARE OBLIGED TO SUPPORT EACH OTHER: parent shall not affect the parental a thorit o er
A . 105. the children, le he c a i a he
(1) The e ; e be he g a dia f he e e
(2) Legi i a e a ce da a d de ce da ; f he child e . ( )
(3) Pa e a d hei legi i a e child e a d he
legi i a e a d illegi i a e child e f he la e ; *** ec d H W ill e e ci e a e al a h i
(4) Pa e a d hei illegi i a e child e a d he he child f he fi a iage: REASON he he i
legi i a e a d illegi i a e child e f he la e ; a d he a e f he c child;
(5) Legi i a e b he a d i e , he he f f ll - e e ci e a e al a h i ;legall ad
half-bl d he child e ; ill all he e e ci e
**illegi b a d i i cl ded i he li b a a e al a h i
be e i led
A . 213. I ca e f separation of the parents,
A . 199. Whe e e e e a e bliged a e al a h i hall be e e ci ed b he parent
gi e , he liabili hall de l e he designated b the Co rt. The C hall ake i
f ll i g e i he de he ei ided: acc all ele a c ide a i , e eciall he
(1) The e; ch ice f he child e e e ea f age, le
(2) The de ce da i he ea e deg ee; he a e ch e i fi . ( )
(3) The a ce da i he ea e deg ee; a d
(4) The b he a d i e . *** all he i ce e ill be all ed b he
c e e ci e a e al a h i
A . 201. The a f , i he ca e - If he child i le ha 7
efe ed i A icle 195 a d 196, hall be i - GR: he c d a d a e al a h i i
i he e ce ea f he gi e a d e ed he he ; le he c fi d
he ece i ie f he eci ie . c elli g ea de i e he he
- E . ea f de ial f a e al
*** e ha he gi e ha e gh e ce c d / a e al a h i
ea gi e - D g addic i , habi al alc h li ,
i a i , c icable di ea e ( ake
Wha eed h a f: e f he be i e e f he child)
- a li
- ae e f acc fb i e A . 214. I ca e f dea h, absence or ns itabilit
of the parents, s bstit te parental a thorit shall
Nece i ie f he Reci ie : be e ercised b the s r i ing grandparent. I ca e
- eed be ed ( i i , edical e c) e e al i e, he e de ig a ed b he c ,
aki g i acc he a e c ide a i
A . 202. S i he ca e efe ed i he e i ed i he ecedi g a icle, hall e e ci e he
ecedi g a icle hall be ed ced i c ea ed a h i .
i a el , acc di g he ed c i
i c ea e f he ece i ie f he eci ie a d he A . 215. N de ce da hall be compelled, i a
e ce ea f he e bliged f i h c i i al ca e, e if agai hi ae a d
he a e. g a d a e , e ce he ch e i i
i di e able i a c i e agai he de ce da b
PARENTAL AUTHORITY: e a e agai he he .
- S e al f all he bliga i f he
ae a d hei child e *** if he de ce da l ee e if agai hi
a e ; he a e all ed.
GR: Pa e al a h i ; a be e ced - XPN: a be c elled e if agai he
e e a fe ed e a il a ce da if ac a e di ec ed agai he
XPN: i ca e a h i ed b la : child (ab i g/ le i g he child; e al
1. Ad i ; ac ae d e i a el , i e ; he
2. G a dia hi e i f he child i i di e able he
3. O ha age child ea i g i i i e d f j ice)
B A D C A 1 1
21
Parental A thorit o er
DEFENSES;
FOUNDLINGS/ABANDONED/NEGLECTED/ABUSED
- If i ca be ed ha e ha e e ci ed
Children
di a dilige ce f a g d fa he f he
- The head f ORPHANAGES CHILD REARING
fa il
INSTITUTION acc edi ed b he e g
age c
A . 223. The parents or, in their absence or
- N a a ic; hall de g SUMMARY
incapacit , the indi id al, entit or instit tion
JUDICIAL PROCEEDINGS FC
e ercising parental a thorit , ma petition the
proper co rt of the place here the child reside ,
SUBSTITUTE PARENTAL AUTHORITY
f a de idi g f di ci li a ea e e
- B h ae a e ab e / dead
he child. The child hall be e i led he a i a ce
f c el, ei he f hi ch ice a i ed b he
A . 216. I defa l f ae a j diciall
c , a d a a hea i g hall be c d c ed
a i ed g a dia , he f ll i g e hall
he ei he e i i e a d he child hall be hea d.
e e ci e b i e a e al a h i e he child
i he de i dica ed:
H e e , if i he a e ceedi g he c fi d
he e i i e a fa l , i e ec i e f he e i f
(1) The s r i ing grandparent, a ided i A . he e i i , he he ci c a ce a a ,
214; he c a al de he de i a i
e i f a e al a h i ad ch he
ea e a i a dee j a d e.
(2) The oldest brother or sister, o er t ent -one
ea f age, le fi di alified; a d
A . 225. The fa he a d he he hall j i l
e e ci e legal g a dia hi e he e f he
(3) The child's act al c stodian, o er t ent -one e a ci a ed c child i h he ece i
ea f age, le fi di alified. fac a i e . I ca e f di ag ee e , he
fa he ' deci i hall e ail, le he e i a
Whe e e he a i e a j dicial g a dia j dicial de he c a .
e he e f he child bec e ece a ,
he a e de f efe e ce hall be b e ed. Whe e he a ke al e f he e he a al
i c e f he child e ceeds P50,000, the parent
concerned shall be req ired to f rnish a bond i
SPECIAL PARENTAL AUTHORITY ch a a he c a de e i e, b le
A . 218. The school, its administrators and ha e e ce (10%) f he al e f he
teachers, or the indi id al, entit or instit tion e a al i c e, g a a ee he
e gaged i child a e hall ha e ecial a e al ef a ce f he bliga i e c ibed f ge e al
a h i a d e ibili e he i child g a dia .
hile de hei e i i ,i ci c d .
A e ified e i i f a al f he b d hall be
A h i a d e ibili hall a l all filed i he e c f he lace he e he child
a h i ed ac i i ie he he i ide ide he e ide , , if he child e ide i a f eig c ,
e i e f he ch l, e i i i i . i he e c f he lace he e he e
a a he e f i i a ed.
***e e h e h a e f legal age
The e i i hall be d cke ed a a a ecial
A . 129. Th e gi e he a h i a d e ibili ceedi g i hich all i cide a d i e ega di g
de he ecedi g A icle hall be principall and he e f a ce f he bliga i efe ed i he
solidaril liable for damages ca ed b he ac ec d a ag a h f hi A icle hall be hea d a d
i i f he e a ci a ed i . The parents, e l ed.
j dicial g ardians or the persons e ercising
s bstit te parental a thorit o er said minor shall The di ale g a dia hi hall be e el
be s bsidiaril liable. le e ce he he child i de b i e
a e al a h i , he g a dia i a a ge , a
ae ha e a ied, i hich ca e he di a
The e ec i e liabili ie f h e efe ed i he le g a dia hi hall a l .
ecedi g a ag a h hall a l if i i ed
ha he e e ci ed he e dilige ce e i ed SUSPENSION OR TERMINATION OF PARENTAL
de he a ic la ci c a ce . AUTHORITY
B A D C A 1 1
22
A . 228. Pa e al a h i e i ae e a e l :
(1) U he dea h f he a e ; ART 41: Decla a i fPe i e Dea h
(2) U he dea h f he child; ELe e :
(3) U e a ci a i f he child. 1. The e i ab e ce f 2/4 c i ea
2. P e e e ha a ell f ded belief ha
. 229. U le b e e l e i ed b a fi al he ab e ee e i dead
j dg e , a e al a h i al e i ae :
(1) U ad i f he child; ART 51: Deli e f Pe i e Legi i e he
(2) U a i e f a ge e al g a dia ; Legi i a e Child e
(3) U j dicial decla a i f aba d e f he Re i i e:
child i a ca e filed f he e; - The e i dec. f lli f a iage/
(4) U fi al j dg e f a c ee c a l e
di e i g he a c ce ed f a e al a h i ; ***c :f he deli e f he e i e legi i e
The s spension or depri ation ma be re oked and IMPORTANCE OF THE SUMMARY JUDICIAL
the parental a thorit re i ed in a case filed for PROCEEDING:
the p rpose or in the same proceeding if the co rt - N a ial e
finds that the ca se therefor has ceased and ill - S b i d c ,c ac deed ha eed
not be repeated. be all ed, g a ed j diciall a h i ed
b he c
Permanent Depri ation: Parental A thorit - Affida i f he i e e ; a ea i c
A . 232. If he e e e ci i g a e al a h i c fi
ha bjec ed he child all ed hi be - DECISION IS IMMEDIATELY FINAL AND
bjec ed e al ab e, ch e hall be EXECUTORY ART 247
e a e l de i ed b he c f ch a h i . - A eal i all ed
- If agg ie ed b he l e c :
SUMMARY JUDICIAL PROCEEDINGS REMEDY R le 65 CA
B A D C A 1 1
23
B A D C A 1 1
24
(3) E er thing attached to an immo able in a fi ed (6) Animal ho ses, pigeon-ho ses, beehi es, fish
manner, in s ch a a that it cannot be separated ponds or breeding places of similar nat re, in case
therefrom itho t breaking the material or their o ner has placed them or preser es them
deterioration of the object; ith the intention to ha e them permanentl
- M be he e f he la d ha a ache attached to the land, and forming a permanent part
he of it; the animals in these places are incl ded;
- If e a a ed; he e ill b eaki g f he - Ele e be c ide ed eal e
a e ial de e i a i f he bjec / hi g 1. I e i f he e
e a e l a ach i he la d
(4) Stat es, reliefs, paintings or other objects for 2. Pe a e l a ached
se or ornamentation, placed in b ildings or on
lands b the o ner of the immo able in s ch a (7) Fertili er act all sed on a piece of land;
manner that it re eals the intention to attach them - M be ac all ed i he la d: a be
permanentl to the tenements; i ed i h he il
- O e a ache i e a e l
- Ma be e ed ih b eaki g (8) Mines, q arries, and slag d mps, hile the
de e i a i matter thereof forms part of the bed, and aters
- I e i f he e a ach he either r nning or stagnant;
e a e l - Whe c ide ed a eal e :
- If he i e al a e e e ac ed
***1-4 a e i able e b INCORPORATION; - O ce e ac ed a ied;
he i e i f he e a ach he he bec e e al
e a e l ; be e a e l fi ed e
1-4- a e al i able b a e
*** 5-8 Real P e ie b DESTINATION
(5) Machiner , receptacles, instr ments or
implements intended b the o ner of the (9) Docks and str ct res hich, tho gh floating,
tenement for an ind str or orks hich ma be are intended b their nat re and object to remain
carried on in a b ilding or on a piece of land, and at a fi ed place on a ri er, lake, or coast;
hich tend directl to meet the needs of the said - Ve el ; a be e al e : ca be
ind str or orks; ed f e lace a he
- Ele e ; be c ide ed a eal e - HOWEVER: beca e f al e; a d ba ed
CC, c ide ed a eal e
B A D C A 1 1
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B A D C A 1 1
26
A 429 ( a 2)F hi e, he a e ch
f ce a a be ea abl ece a e el - If f d e hi g la d:
e e a ac al h ea e ed la f l h ical - GR: Bec e he e
i a i ai f hi e . - XPN:
Re i i e : 1. Mi e al a d a al e ce : e
1. The e i i a i ai f i he a e ba ed he Regalia
e D c i e
2. The i a i ai i la f l 2. Hidde T ea e:
3. The e / la f l e ; ha he - Ca he e c c a hi g ab e hi
igh la d?
4. Ca l e ea able f ce - GR: Ye
defe d e el - S bjec la ea e e ; igh
5. A he i e f ac al h ea e ed i ai ae ial a iga i
la f l i a i
*** a e el i a i e e ih hel Right to Hidden Treas re
- If i a e ac al: DISPUTABLE A . 438. Hidde ea e bel g he e f he
PRESUMPTION OF OWNERSHIP: la d, b ildi g, he e hich i i f d.
- ac al/ h ical a e ial e i f
e ; clai f e hi Ne e hele , he he di c e i ade he
- O e eek j dicial i e e i e f a he , f he S a e a f i
- Ca e e ci e D c i e f bdi i i , a d b cha ce, e-half he e f hall be
elf hel all ed he fi de . If he fi de i a e a e , he
hall be e i led a ha e f he ea e.
***O i e f D c i e f Self Hel :
Doctrine of State of Necessit If he hi g f d be f i e e cie ce f he
1. I i e da ge he ac al ffe ed a , he S a e a ac i e he a hei j ice,
e hich hall be di ided i c f i i h he le
2. A eed i e fe e a he e a ed.
a e ch da ge ( e f he e
ca e e he e f i e fe i g - If e f he la d a d al he fi de : ill
f hi e ) ge all
3. A d ha da age he e i g ea e - If he e : IF ITS b cha ce (ART 439
ha f he e a h dde a d de f e ,
Obliga i : e e , he ec b ec , he
- I de ifica i f he al e f he hi g lawful ownership of which does not
de ed appear. ) k - FINDER: ill ge f
he ea e a d he e
Right to enclose or Fence o n real propert - If e l ee:
A . 430. E e e a e cl e fe ce hi la d - GR: ill l ge ag eed age
e e e b ea f all , di che , li e dead ala ie
hedge , b a he ea ih de i e - XPN:if he e i a ag ee e ge a
e i de c i ed he e . ha e he hidde ea e
- If a e a e ; ill ge a hi g; a be
Right of Compensation: E propriation (Eminent ec ed f e ei g f he e
Domain) f a he e ih hi /he c e
A . 435. N e hall be de i ed f hi e - If he hidde ea e i f i e e ARTS
e ce b c e e a h i a df blic e a d a d SCIENCE; he a e ill ge a d a f
al a a e fj c e ai . j al e
B A D C A 1 1
27
B A D C A 1 1
28
B A D C A 1 1
29
- Ri e be ee e ie ; i e cha ged - If ai i g; c l e, i i g : he b a d he
i c e; a e i g he la d f a he ca a , he e, he a e : ACCESSORY;
Re i i e : he k: PRINCIPAL
1. The cha ge i he i e i dde /ab
2. The e i h a i e e i Test to Determine the Principal and the Accessor
3. T al aba d e f he g 1. The i ci al i hich he he i
a ached i c a ed a a a e
Wh ca a ail f he aba d ed i e bed? e fec i
- P efe e ial igh gi e he e ih a. E . The G ld i g i he i ci al;
hich he e c e a e ; aki g hi Dia d e i he acce
l a f hi e 2. The i ci al i he e f e al e ha
- The ef e he ca a ail f he aba d ed he he
i e bed i i he a ea ha he l 3. The i ci al ha f g ea e l e
The he la d e ; h did l e a f hi
la d; h i ea he aba d ed i e bed QUIETING OF TITLE
- If he he e h l a f hi la d - Ac i ; he he e i a cl d d b
d e a a ail f he aba d ed e i le a i ee he ei ; he
i e bed; he he la d e a a ail he he e i a d c e , i e , deed,
aba d ed i e bed; a d a he al e f he e c b a ce a ceedi g
la d ha he e ha l - S eb d clai i g a he e
e ; he e i a cl d beca e he e i
ACCESSION WITH RESPECT TO MOVABLE PROPERTY a he d c e , deed e c b a ce
a ceedi g hich a ea be alid
3 Kinds a d effec i e hile i h a d i fac ,
1. Adj c i i alid, i effec i e, idable a d
2. Mi e e f ceable; hich i ej dicial
3. S ecifica i he i le
- I i a ii e ceedi g: l affec he
Adj nction e i li iga i ; d e g be d he
- T able hi g ; bel gi g diffe e e ie ; l he a ie
e ; a e i ed f a i gle bjec (e - C ill ac i e j d h gh
dia d i g) blica i
- PRINCIPLE: acce f ll he i ci al - The egi e ed e i he
PLAINTIFF/ e h ha legal i le/
Mi t re e i able i le; be eficial e hi
- T hi g f he a e diffe e ki d a e - Need be i e i f he
i ed c f ed each he ; he d e
e ai hei a e (e 3 i 1) - P e i i i a i
- CO-OWNERSHIP e l he he e i a i e c i ibili f he ac i ; if he
i e lai iff i i e i ; he igh
file he ac i i i e c i ible
Righ f he C - e i h e ec he i e: - If i e i : he igh
- The i e bel g he c - e i file he ac i a
i f he VALUE f he igi al e c ibe
a e ial - 10 ea di a
- BUT if he c - e i la e ha he e c i i ; 30 ea
e all ha e; i hall be e ec ed e a di a
Specification:
- O l e hi g; f i cha ged CO-OWNERSHIP
a f ed - The e i c - e hi if he e i e e al
- PRINCIPLE: acce f ll he i ci al e
- The i ci al i he ke - The e i a di ided hi g/ igh
- E . Bake ( i ci al) aki g cake
f fl , egg a d a e Re i ie :
- If he ke i i GF: he ke 1. Objec f he hi g/ igh hich i di ided
a ac i e b ha a he al e 2. Each c - e i e i led l hi ideal
f he a e ial he e f he ha e
a e ial ed
- If i BF: l e he e hi g a d ha *** D /e a a hibi he a ii f he
a he e f he a e ial a d e i hi 20 ea
a da age
GR: e al ha i g
B A D C A 1 1
30
1. C lida i / e ge f l e f he
Rights of the co-o ners c - e f he i e e f he he
1. F ll e hi f hi a ; di ided ha e 2. De ci l f he e c - ed
2. O e hi e he f i be efi 3. Ac i i i e P e c i i i fa f a 3d
a. If ag ic l al la d: i h e ec e e e ac - e ( e dia i )
ha e /f i 4. Pa i i e aj dicial
3. Ma alie a e, a ig gage hi ideal a. Ba ed he ag ee e f he
ha e a ie; le e e i e
a. O l ideal; beca e he e a b. If c - e d ag ee; he
a ii e JUDICIAL a i i
4. Ma be S b i ed b a he e he
e j e f he a Period to terminate Co-O nership
a. XPN: if e al igh a e i l ed; - Ba ed he ag ee e f he a ie = 10
he c - e a bjec ea
5. Legal Rede i - Ba ed he hibi i f he d
a. A e f he c - e a legall e a = 20 ea
edee he a ; e e a - Sale f he hi g i c
a ge f e ei g he
e Acq isition b Prescription:
b. PERIOD: 30 da f i e ice GR: c e ca ac i e he h le e b
f he elle e c i i ; a l g a ec g i e he c - e hi
6. Righ e ce i e e XPN: Re dia i fc - e hi
a. Wi h e ec he a e a d
e e e he ca c ib e Ele e f alid Re dia i :
7. Righ de a d Pa i i 1. The e dia i g c - e ake k
a. de a dable ; ca e c ibe he he c - e ; ha he i e dia i g
b. UNLESS: igh f e dia i he c - e hi (clai i g)
Consent Req irement 2. The e id f e dia i a d he k ledge f
- Need b ai c e a a ac i he he c - e f ch e dia i
ha ill be d e he c - ed e be clea a d c i ci g
3. M e he e i he c ce f
If ac i f EJECTMENT: e
- A e f he c - e a i i ia e a a. C i , ad e e, eacef l, e ,
ac i f ejec e blic
- HOWEVER: be i i ed b a c - e
i behalf a d i fa f he c - e hi ***if all ele e ae c lied; e ci i ill
a l all he c - e
If ac f PRESERVATION
- O l e ill be all ed i i ia e Ho to pre ent rep diating co-o ner; to not be
- Ac f e e a i ; ece a e ai the o ner of the entire propert
e e de e i a i l f he e - Di e he e dia i
- Ca c el c ib i ; e e if he - C - e hi ill e i
c - e ee ified f he ac ***if di ed; he e dia i g c - e ill
bec e he f ll e f he e i e e
If ac f Ad i i ai
- C e e i ed: Fi a cial aj i Partition can be demanded b an of the co-o ners
- D e i l e ac f al e a i ; e at an gi en time e en itho t reason:
h ld be cha ged Right to demand partition:
- C ac f lea e i a ac f ad i i ai ; GR: i e c i ible
a i i g a a age f he e i al XPN: e dia i
a ac f ad i i a i ; eed a a al
f he c - e h ha e c lli g Instances hen Partition is NOT ALLOWED
i ee he c - e e 1. P hibi ed b he c - e hi
a. B ag ee e : c ac al
If ac f Al e a i c - e hi
- Need a i c e f all he 2. P hibi ed b he e a d : e i d 20
c - e ea
- Al e a i i e a e 3. P hibi ed b la
- Selli g, c e i g he la d i a ac f a. Wha c - e hi ca be
c ea i a i i ed e a j diciall : ACP;
- C e a be e e ed i liedl j dicial a i i i all ed d i g
alid a iage
Termination of Co-o nership 4. P e h e legal a e i all ed b
la
B A D C A 1 1
31
POSSESSION
- H ldi g f he hi g he e j e
- P e i i a e i a he
- P e i i he c ce f a e
h lde
- Ma be e i GF BF
P e i i a a ib e f e hi ; a be i
e i b e f he e
*** e a be a e a
Wh i a e i GF:
- O e h d e ha e a ice he
defec f hi i le hi a e f ac i i i
f he ale
B A D C A 1 1
32
- An ACCESS given to the dominant estate civil action PROVIDED the nuisance is
to the public highway or to the main road specially injurious to himself
- Such ACCESS is ADUQUATE AND 3. Extrajudicial Abatement:
CONVENIENT to the dominant estate GR: determined by the district health
owner officer
XPN: Private Person: if nuisance is
Easement of Lateral and Subjacent Support specially injurious to himself;
1. demand to the owner of the nuisance
***remember: surface rights of land owner: as an or the lawful possessor of the nuisance to
owner of parcel of land; may excavate on his abate it by himself;
own property: 2. the Demand must be rejected; upon
- Restriction: cannot excavate: if will rejection must go district health officer,
deprive (cause damage or injury) accompanied by the local police (once
adjacent buildings and adjacent lands complied, the Priv person may now abate
with sufficient lateral and subjacent the nuisance)
support (building might collapse) HOWEVER: the value of the destruction
does not exceed 3,000php, if exceeded,
NUISANCE may be liable for damages to the owner
Define: any act, business, establishment which of the alleged nuisance
upon one: b. And if proved that it was NOT A
- Injures the health and safety of others NUISANCE: liable to the owner or
- Offends the senses to the lawful possessor
- Shocks and defies morality
- Prostitute houses, drug dens: are II. PRIVATE NUISANCE
nuisance per se; they can be - Only affects private rights; or one person
summarily abated under the or very few persons
undefined rule on necessity: there REMEDIES:
is no need for notice and hearing 1. Civil Action
(existence itself is enough, no 2. Extrajudicial Abatement
need to prove their actual act or
consequences of the act) Classification: Based on Nature
- Impede the free flow of traffic in a public I. PER SE
street or in a body of water - it is always a nuisance; regardless of its
- Impair the use of property surroundings, location or circumstances
- the mere existence is enough- can be
2 classifications of Nuisance summarily abated under the undefined rule of
***based on their injurious effect Necessity
I. PUBLIC NUISANCE - no need for notice and hearing
-they affect the a large number of group of ex. Rabid dogs, red district, drug dens
people; although the damage to individual II. ACCIDENS
may not be equal -it is not always a nuisance; becomes a nuisance
**REMEDIES: (cumulative not exclusive) because of its location, surroundings or
Public Officer: circumstances
1. Prosecution under RPC or any local - must be proved that it is a nuisance through its
ordinance; public officer shall file the act or consequences of its act
action - there must reasonable notice and hearing (DUE
2. Civil Action PROCESS)
GR: initiated by the Mayor - to allow the owner of the property that
XPN: if the Mayor does not commence a his property is not nuisance
civil action; A PRIVATE PERSON may file - Ex. Factory, business endeavor
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3. Unduly refuses to support the testator or transmitted upon his death to another or others,
the donor when the donee is can and is either by his will or by operation of law.
able to do so.
***period: one year from the knowledge of the Elements of Succession
act committed by the donee against the donor 1. Mode of acquisition of property, rights
and obligations
Original Modes of Acquiring Ownership 2. Transfer from one person to another
1. By occupation a. Transferor: decedent/testator
2. By intellectual creation b. Transferees: heir, legatees or
Derivative Modes of Acquiring Ownership devisees
1. Donation Inter Vivos - Distinguish Heir from Devisee or Legatee
2. Succession - An heir inherits whether there is a
3. Prescription will or no will at all; whether
-by the lapse of time; another person testamentary or intestate
occupies the property in the concept of succession
an owner, therefore he becomes the - Devisees and legatees only inherit
owner of the property through acquisitive under testamentary succession
prescription - An heir may inherit an entire
- ordinary acquisitive: 10 years inheritance; when he is the sole
- extraordinary: 30 years heir; BUT only inherits aliquot or a
4. Tradicion/ delivery portion of the inheritance if there
- Contract of sale only gives title is other heirs
- It is DELIVERY/ TRADICION which - In PRETERITION; the voluntary
transmits ownership from the seller to instituted heirs will not get any
the buyer inheritance; because it annuls the
Different Kinds of Delivery: institution of heirs if there is
1. Actual: actual delivery preterition.
2. Constructive: ex. Delivery of public - HOWEVER, the devise or
instrument legacy shall also be
3. Tradicio Symbolica; (keys) restricted, PROVIDED, the
4. Tradicio Longamanu: by merely pointing legacy or devise is not
on the property that the buyer is buying officious of it does not
from the seller impair the legitime;
5. Tradicio Brevimanu: buyer is already in therefore the legatees and
the possession of the property but in the devisees may still get the
different concept (lessee/usufructary- gifts given to them
owner) **no need to delivery NOTE: LEGATEE: Personal
6. Tradicio Constitutum Posesisorum: the property; DEVISEE: Real
previous owner remains in the possession property
of the property; not as an owner (owner- 3. Transfer through death
lessee/usufructuary) 4. Either by will or by operation of law
7. Quasi Tradicio: Negotiable document of a. WILL: Testamentary Succession
title, listing all the goods, means delivery b. NO WILL: Intestate/Legal
of those goods particularly listed Succession
c. Partly by will, and by law: Mixed
SUCCESSION Succession
Definition: ART. 774 5. Property, Rights and obligations must be
-a mode of acquisition by virtue of which the transmissible
property, rights and obligations, to the extent of PROPERTIES
the value of the inheritance of a person are GR: all properties are
transmissible PROVIDED they can
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41
be appropriated and within the NOTE: who pays for the obligation/debts of the
commerce of man testator?- the estate of the decedent/testator is
XPN: Testamentary Succession oblige under the law to pay for the
ART. 793 there is limitation: obligation/debt of the testor/decedent
i. A. only those properties
owned and possessed by WHEN IS THERE TRANSMISSION OF SUCCESSIONAL
the testator at the time of RIGHTS?
the making of the will shall Art. 777: The rights to the succession are
pass to the heir, legatee or transmitted from the moment of the death of
devisee the decedent.
ii. XPN XPN: if the testator -at the moment of death
expressly included in his
will that even the after Art 777 Elements
acquired properties shall 1. There must be death
transfer to the heir, a. Two kinds of death: actual and
legatee or devisee; shall presumptive
be respected i. – when there is absence as
RIGHTS provided under the law:
***NOT ALL RIGHTS ARE TRANSMISSIBLE: ORDINARY absence period
marital rights (personal right), of 10 years to open the
acknowledgment of an illegitimate child succession
(personal right), right to support of an ii. –ART 390;for all intents
illegitimate child (personal right) and purposes a person who
EXAMPLES OF RIGHTS WHICH ARE disappear for a period of
TRANSMISSBLE: 7years (whereabouts
- Right to enforce the execution of unknown) will be
a document PROVIDED that the considered dead
contract is VALID and iii. XPN: wait for 10 years
ENFORCEABLE under ordinary absence
- Right to continue a lease contract (for opening succession)
PROVIDED that there is NO iv. –EXTRAORDINARY absence:
PROHIBITION in the continuation period:4 years;
of the lease contract v. - when the person
- Right to continue a legitimate disappeared when he is
case initiated by the testator or already 75 years old
the decedent; whether for above, period is 5 years
UNLAWFUL DETAINER OR *** as a mere presumption it can be
FORCEABLE ENTRY rebutted upon stronger evidence:
OBLIGATIONS: REAPPEARANCE
- All obligations are transmissible ***effect: the person presumptively dead
PROVIDED there is NO PROHIBITION based REAPPEARED can recover all the
on law, nature of the obligation and on properties distributed; in the condition
the stipulation of the parties the properties may be found, no right to
- HOWEVER ART 774: limitation on the income, fruits, and rent, because the
obligation that can be transmitted to the distribution to the heirs, legatees and
heirs: devisees was made in good faith
- The obligation must not exceed 2. the property, rights and obligations MUST
the value of the inheritance; if BE TRANSMISSIBLE
the obligation exceeds the value 3. there must be EXISTENCE, CAPACITY and
of the inheritance, it cannot be WILLINGNESS to inherit on the part of the
transmitted to the heirs heir, legatee or devisee
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- EXISTENCE: the heir, legatee or devisee (6) Individuals, associations and corporations not
must be alive at the time of the opening permitted by law to inherit.
of succession; or even if he is only
CONCEIVED may also inherit PROVIDED -
ART 1028: public policy/public
he’ll be born in accordance with ART 41 morality
FC ***if the conceived child/ fetus has an Art. 1028 in re Art 739:
intrauterine life of 7 mos; must be alive The following donations shall be void:
when completely delivered from the (1) Those made between persons who were
maternal womb; HOWEVER if the guilty of adultery or concubinage at the time of
conceived child/fetus has an intrauterine the donation;
life of less than 7 mos.; must be alive
when completely delivered from the (2) Those made between persons found guilty of
maternal womb and must survive within the same criminal offense, in consideration
24 hrs., otherwise cannot inherit thereof;
- CAPACITATED: must not be among those
enumerated under ART 1027, 1028 & (3) Those made to a public officer or his wife,
1032 CC descendants and ascendants, by reason of his
- ART 1027: undue influence or office.
improper influence In the case referred to in No. 1, the action for
Art 1027: declaration of nullity may be brought by the
(1) The priest who heard the confession of the spouse of the donor or donee; and the guilt of
testator during his last illness, or the minister of the donor and donee may be proved by
the gospel who extended spiritual aid to him preponderance of evidence in the same action.
during the same period;
- ART 1032: unworthiness
(2) The relatives of such priest or minister of the
gospel within the fourth degree, the church, Art. 1032: The following are incapable of
order, chapter, community, organization, or succeeding by reason of unworthiness:
institution to which such priest or minister may
belong; (1) Parents who have abandoned their children
or induced their daughters to lead a corrupt or
immoral life, or attempted against their virtue;
(3) A guardian with respect to testamentary
dispositions given by a ward in his favor before (2) Any person who has been convicted of an
the final accounts of the guardianship have been attempt against the life of the testator, his or
approved, even if the testator should die after her spouse, descendants, or ascendants;
the approval thereof; nevertheless, any
provision made by the ward in favor of the (3) Any person who has accused the testator of a
guardian when the latter is his ascendant, crime for which the law prescribes imprisonment
for six years or more, if the accusation has been
descendant, brother, sister, or spouse, shall be
found groundless;
valid;
(4) Any heir of full age who, having knowledge of
(4) Any attesting witness to the execution of a the violent death of the testator, should fail to
will, the spouse, parents, or children, or any one report it to an officer of the law within a month,
claiming under such witness, spouse, parents, or unless the authorities have already taken action;
children; this prohibition shall not apply to cases wherein,
according to law, there is no obligation to make
an accusation;
(5) Any physician, surgeon, nurse, health officer
or druggist who took care of the testator during (5) Any person convicted of adultery or
his last illness; concubinage with the spouse of the testator;
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(6) Any person who by fraud, violence, 9. Free from any vice or defect of consent;
intimidation, or undue influence should cause there must be no fraud, no mistake, no
the testator to make a will or to change one undue/improper influence, no
already made;
intimidation, no violence at the time of
the making of the will
(7) Any person who by the same means prevents
another from making a will, or from revoking a. JOINT WILLS are note recognized
one already made, or who supplants, conceals, in PH
or alters the latter's will; 10. Disposes of the Testators estate only to a
certain extent/degree;legitime cannot be
(8) Any person who falsifies or forges a supposed included in a will, reserved by law to
will of the decedent. compulsory heirs
ART 800: The law presumes that every person is -a married woman may give by will her separate
of sound mind, in the absence of proof to the property and her share in the CPG or her share
contrary. in ACP
Art 806
Art. 803
7. the will must be acknowledged before a
notary public
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- the testator and the 3 credible witnesses - Forger can easily copy signature and
must acknowledge the will before a handwriting of the testator
notary public - Because there is no witness required;
- GR: when doc is notarized; it becomes a cannot ascertain whether of not the
public instrument; binding in rem testator is still of sound mind at the time
- XPN: notarized will is not a public of the execution of the holographic will;
instrument; even if notarized it is a or if there was a vice in the consent at
private instrument the time of the making of the will (fraud,
- REMEMBER: notary public does not need undue influence, intimidation or
to keep a copy of the will and send it to violence)
the clerk of court where he has his
notarial commission As to the validity of the Holographic will the
legal basis Art. 810
Formalities for Especially Handicapped Testator Art. 810 a person may execute a holographic will
Art 807 which must be entirely written, dated and
-testator is deaf-mute signed by the hand of the testator himself. It is
Requirement: subject to no other form and may be made in or
1. Comply with Arts. 804, 805 and 806 out of PH and need not be witnessed
2. Comply Art 807; testator must designate
two persons to read his will and later on As to the Different Dispositions:
communicate the contents of the will to Art. 812: the dispositions written below the T’s
the deaf-mute testator in whatever signature must be dated and signed by him; to
practicable manner make them valid
***Practicable manner: sign language
Art. 813 when a number of dispositions are
Art 808 signed without being dated; and the last
-Blind Testator disposition has a signature and date; such date
Requirement: validates preceding, whatever be the time of
1. There must be two readings of the will: prior dispositions
first reading must be done by one of the
credible witnesses; Art. 814 in case of any insertion, cancellation,
2. Second reading, to be done by the notary erasure or alteration; the testator must
public before whom the will was authenticate the same by his full signature
acknowledged or subscribe with
***Two readings: to protect the interest of the ***all the provisions in the holographic will must
blind testator be signed and dated (812)
- If there are provisions in the will signed
Holographic wills but not dated; VOID dispositions
Arts 810-814 - If the last disposition has a signature and
a date: EFFECT: it validates all earlier
Define: it is a will that is entirely written, dated dispositions signed but not dated
and signed by the hand of the testator regardless when they were executed
(813)
Advantages of Holographic will - Any correction/ alteration must be
- Easy and simple to make authenticated by the full signature of the
- May be executed in Ph or abroad and can testator (814)
be probated in ph
- No need to comply with any formalities Art. 811: In the probate of the holographic will;
(no witnesses required) it shall be necessary that at least one witness
Disadvantages who knows the handwriting and signature of the
testator explicitly declare that the will and the
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***IF RECIPROCAL WILL BUT NOT JOINT WILL: - If there are only 3 competent witnesses
VALID (of different document) and one of the 3 was given a
legacy/devise; then there will only be
Witnesses to Will two witnesses; then the gift given is
Art. 820-821 ineffective
- BUT if there are other 3 competent
Art. 820: any person: witness other than the witness who has
- Of sound mind been a given a gift; the legacy/devise if
- Of the age of 18 years or more VALID; because there are other 3
- Not blind, deaf or dumb witnesses who can attest to the dues
- Able to read and write execution of the will as provided by the
-may be a witness of execution of will in Art. law.
805
Codicil
Art. 821 disqualified from being a witness to a Art.825: a codicil is an supplement or addition to
will a will, made after the execution of a will and
- Not domiciled in PH annexed to be taken as a part thereof, by which
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any disposition made in the original will is the express direction and in
explained, added to or altered. the presence of the testator
***if the original will and the codicil are 4. subjective phase must be
incompatible to each other: codicil will prevail: completed: overt act
it is presumed that the codicil contains the 5. at the time of the overt act;
latest intention of the testator, and has validly the testator must have the
revoked the provisions of the original will capacity to make a new will
***BUT if the orig will and the codicil only ***always remember that the law favors testacy
supplements, explains the provision of the orig rather than intestacy
will: both can be used and enforced
***DOCTRINE OF DEPENDENT RELATIVE
Revocation of Wills REVOCATION
- At any given time during the lifetime of -This is the doctrine of dependent relative
the testator; T may revoke his own will; revocation. The failure of a new testamentary
will is essentially revocable or disposition upon whose validity the revocation
depends, is equivalent to the non-fulfillment of
ambulatory (Art 828)
a suspensive conditions, and hence prevents the
revocation of the original will. But a mere intent
Art. 830 (Modes of Revocation) to make at some time a will in the place of that
1. By implication of LAW destroyed will not render the destruction
a. A change in the nature of the conditional. It must appear that the revocation
property; change in the status is dependent upon the valid execution of a new
b. Ex. Legal separation, preterition, will. (MOLO V MOLO)
- it will be presumed that the T prefers the old
act of unworthiness, loss and sale
will rather than intestacy
of property being given
- where the act of destruction is connected with
2. By some will, codicil, or other writing
the making of another will so as fairly to raise
executed as provided in case of wills;
the inference that the T meant the revocation of
a. Ex. Two or more wills; the will
the 1st will to depend upon the efficacy and
done on the latest date will
validity of the 2nd will, the revocation shall be
prevail; presumed that the will
CONDITIONED and DEPENDENT upon the validity
executed by the T on the latest
of the 2nd will and if, for any reason, the 2nd will
date has validly revoked the
intended to be a substitute is INOPERATIVE and
earlier will; HOWEVER the
it remains in full force and effect.
revoking will must be validly
executed will
Implied Revocation
b. To validly revoke; only an
Art. 831: Subsequent wills which do not revoke
intrinsically valid will can revoke;
the previous ones in an express manner, annul
if the second will was not validly
only such dispositions in the prior wills as are
executed, it cannot validly revoke
inconsistent with or contrary to those contained
the previous will
in the later wills.
c. CASE: MOLO V MOLO
- The express revocation of the impliedly
3. By overt act: burning, tearing, cancelling
revoking will shall revive the impliedly
or obliterating the will with the intention
revoked will
of revoking it, by the testator himself, or
by some other person in his presence,
Express Revocation BUT New Will Inoperative
and by his express direction.
Art. 832: A revocation made in a subsequent will
a. Requisites:
shall take effect, even if the new will should
1. there must be an overt act
become inoperative by reason of the incapacity
enumerated under the law CC
of the heirs, devisees or legatees designated
2. Intention to revoke
therein, or by their renunciation.
3. done by the testator himself;
or done by other person under
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concurrent jxdn which may hear and decide Heirs Instituted Without Designation of Shares
probate cases Inherit in Equal Parts
-Probate proceeding is a proceeding IN REM; Art. 846 Heirs instituted without designation of
binding against the entire world shares shall inherit in equal parts.
-Limited Jxdn of the probate court- only with Ex: T instituted his 3 bros as heirs
the intrinsic validity of the will ***bros are not compulsory heirs; but if T has no
- questions (intrinsic) compulsory heir; T may institute his bros;
1. was this the last will and testament executed Estate: 3M ----1M each brother
by the T
2. was there due compliance with the XPN: protection of the legitime of the
formalities required under the law compulsory heir
3. was there absence of vice or defect of (1)Ex. T instituted his son A, and bros X
consent at the time of the execution of the will and Y; Estate is 6M
4. was there testamentary capacity on the part Legitime: 3M; FP: 3M
of the T A- 3M +1M
***if all the answers are YES the court must allow X- 1M
the will; testamentary succession will be Y- 1M
applicable; provisions of the will of the testator ***A becomes both compulsory heir (entitled
shall be followed to his legitime) as well as a voluntary heir
- If there is an answer that is NO: the court (instated by his own father)
must disallow the will: and intestate
succession will be applicable (2) Ex. T instituted his wife S, legi son A
and F, friend (***even stranger can be an heir)
Institution of Heirs estate 12M
Art. 840: Institution of heir is an act by virtue of Legitime: 6M; FP 6M (3M disposable FP)
which a testator designates in his will the person A- 6m (1/2 net hereditary estate) +1m (dfp)
or persons who are to succeed him in his S- 3m (1/4 NHE; from FP) +1m (dfp)
property and transmissible rights and F- 1M (dfp)
obligations.
Collectively Instituted Deemed Individually
How heir is instituted: Instituted
GR: only applies to the free portion; no need to Art. 847: When the testator institutes some heirs
institute compulsory heirs to their legitimes individually and others collectively as when he
(redundancy) says, "I designate as my heirs A and B, and the
XPN: Voluntary Heirs shall be instituted with children of C," those collectively designated
respect to the free portion shall be considered as individually instituted,
***Heir; using first name, nick name or last unless it clearly appears that the intention of
name: if unknown: may use description the testator was otherwise.
personae; HOWEVER if two or more persons can
answer to the same name or description: no one Ex. (1) T institute friends X and Y
among the heirs shall inherit (individually)and 2 sons(collectively) of Z; estate
a. Unknown person: somebody who 6m
cannot be identified; using the 6m/4 each instituted heirs will get 1.5m each
will or any extrinsic evidence:
cannot inherit (2) T instituted 3 sons, and friends X and Y;
b. Portion allotted to the unknown estate 300m
person will be distributed to the sons:legitime 150M; FP: 150m
legal heirs; not by will but by A- 50m +30m
intestate succession B- 50m +30m
C- 50m +30m
X- 30m
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Obligation imposed on the First Heir: to deliver Propositus- descendant who acquired the
and transmit the property in favor of the second property gratuitously (donation inter vivos,
heir mortis causa)
- no right of alienation/disposal given to - there must be no exchange of money
first heir
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Reservor- ascendant who acquires the property FS: no right of disposal or alienation given to
by operation of law the 1st heir
- By operation of law: intestate succession, RT: during the lifetime of the reservoir; he
or by legitime has a full attributes of ownership
- If FP not applicable (Remember: Reservor acquired the property
- There must be no exchange of money by operation of law; therefore he inherited
the property) ***Sucession def. a mode of
Reservatarios- relatives belonging to the line acquisition; reservoir acquired ownership
where the property came from; they must be over the property
related to the propositus within the 3rd degree - even if there are Reservatarios present,
(max. limit) alive, capacitated and willing to inherit;
- Subject to the rule of proximity; the they cannot compel the Reservor during
nearer relative excludes everybody his lifetime to deliver the property to
- 3rd degree shall be counted from the them; they must wait for the DEATH of
propositus the Reservor; the succession is
- technically the reservatarios are inchoate(an expectancy) upon death of
inheriting from the propositus; however; the reservoir, that is the only time that
the property was given to the other line the property will be reverted back to the
reservatarios
Requisites
1. the propositus must have no issue or no Assume: Reservor has sold the property during
descending line his lifetime(Note: Reservor has full attribute of
2. the propositus must die without a will ownership)
3. property will go up to the other Ex. Ascendant donated a real property to
ascendant(of different line) by operation the propositus;TCT in the name of
of law propositus. Propositus died without an
issue and no will, the property goes to
- upon death of the reservoir; property will another ascendant; making the TCT in
go back to the line of the origin the name of the Reservor, no
(reservatarios) encumbrance, no reservation annotated
in the TCT .
FS: retains property within one family ***the reservor; has an obligation to annotate
RT: retains property within one line within 90 days form the time has been received;
- even if the property has been if failed to do so; the reservatarios may compel
transmitted momentarily to the other for the annotation, to protect their own rights
line; automatically, even without judicial and interest
action, as soon as all the requisites have - then the buyer bought the property
been complied, the property shall be without knowing of the defect. Title is in
reverted back to the line where it the name of the Reservor (Mirror
originally came from Doctrine: Buyer can just look at the title,
no need to inquire further)=considered a
Reservatarios- must be both related to the buyer in GF. Reservor died, prompting
origin (must belong to the line where the the Reservatarios to claim the property
property came from) and the propositus Who has a better Right: the buyer in GF has a
(within 3rd degree) better right; under the law the rights and
interests of the buyer in GF shall also be
Obligation imposed to the Reservor protected; HOWEVER because the Reservatarios
-to preserve and transmit the property in has also right in the property (had it not been
favor of the reservatarios sold)
REMEDY (Reservatarios):
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(1)Reservatarios can go against the estate of the (1) Institutes friend F on a condition not to
Reservor and claim the monetary value of the marry X: VALID; only a relative condition and not
property OR an absolute condition
(2) claim damages from the assurance fund (fund -an absolute condition will
set up by the govt so that if there is any damage provide that one shall not marry; and not
in the registration of the real property, a person only to a particular person
may claim damages from it) (2)institute husband as sole heir on the condition
that he shall not remarry: VALID it is the wife
If: Reservor annotated the reservable character who imposed the condition upon the surviving
of the property on the TCT spouse
- buyer becomes in BF (there has been a -the husband will only inherit the
constructive notice that the property is legitime:**legitime is always given by
reservable in character) law, even if the husband violated the
Better Right: Reservatarios condition, he cannot be deprived of his
REMEDY (Buyer in BF) legitime
(1) the Buyer in BF can go against the estate of - can only be deprived of the free
the Reservor and claim the monetary value of portion
the property; for there has been an unjust -the only way one can be deprived
enrichment of legitime is through a valid
(2) claim damages from the assurance fund (fund disinheritance
set up by the govt so that if there is any damage (3)institute wife and give all properties, and she
in the registration of the real property, a person shall not remarry: VOID
may claim damages from it) - there is no “condition” included
MORETE V DELA SANTA
Condition Not To Marry - There is no “condition” included in the
Art. 874: An absolute condition not to contract a will, it is a mere statement, and can be
first or subsequent marriage shall be considered considered as an order; condition can
as not written unless such condition has been never be presumed, it must be worded on
imposed on the widow or widower by the the will.
deceased spouse, or by the latter's ascendants or
descendants. Disposition Captatoria
Art. 875: Any disposition made upon the
Nevertheless, the right of usufruct, or an condition that the heir shall make some
allowance or some personal prestation may be provision in his will in favor of the testator or of
devised or bequeathed to any person for the any other person shall be void.
time during which he or she should remain
unmarried or in widowhood.
Ex. I institute my friend as sole heir, to my
- Absolute prohibition not to contract a estate of 10M on the condition that he will also
first or subsequent marriage is VOID; it is institute me as sole heir to all his properties in
against public policy his own will
- No one can prevent another from getting - NULL AND VOID; making the will a
married by executing a will; it is bilateral act (making a will is a unilateral
considered as not written act)
When does the Condition not to Marry Valid: - Depriving the heir to be instituted
-when the decedent/testator imposed such
condition to the surviving spouse; it becomes Distribution of the Legitime
VALID Compulsory Heirs/Children/Descendants
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(1) Legitimate children and descendants, allow a person to deprive compulsory heirs of
with respect to their legitimate parents legitime; the law gives legitime
and ascendants; - The only way by which one can deprive
his compulsory heirs is through a VALID
(2) In default of the foregoing, legitimate
DISINHERITANCE
parents and ascendants, with respect to
their legitimate children and - With or without a will; legitime will be
descendants; given
- First money or property given to the
(3) The widow or widower; compulsory heirs
- Compulsory heirs may also get from the
(4) Acknowledged natural children, and free portion
natural children by legal fiction; GR: institution of heirs is from the free portion
-legitime is given by law, no need to include in
(5) Other illegitimate children referred to
the will
in article 287.
Compulsory heirs mentioned in Nos. 3, 4, LC/ LP/IC/IP: Surviving alone= ½ NHE (divided
and 5 are not excluded by those in Nos. 1 among them)
and 2; neither do they exclude one
another. SS:
- Alone= ½ NHE
In all cases of illegitimate children, their
- Marriage in articulo mortis (died within 3
filiation must be duly proved.
mos of the same illness or injury already
The father or mother of illegitimate children of existing at the time of marriage)= 1/3
the three classes mentioned, shall inherit from NHE
them in the manner and to the extent - Articulo mortis HOWEVER, parties are
established by this Code. already cohabiting for 5 years or more= ½
NHE
Art. 888: The legitime of legitimate children and - If SS gave cause for legal separation= O
descendants consists of one-half of the
legitime and FP
hereditary estate of the father and of the
mother.
1 LC and SS
The latter may freely dispose of the remaining - LC= ½ NHE
half, subject to the rights of illegitimate - SS= ¼ NHE
children and of the surviving spouse as
hereinafter provided. 2/more LC and SS
- LC= ½ NHE divided among them
Two Kinds of Compulsory Heirs
- SS= equal share of one LC
1. Primary
2. Secondary
LC and IC
- LC= ½ NHE
Married Testator: Compulsory Heirs:
- IC= ½ of the share of the LC
- Legit children
- Surviving spouse
***pls check other provisions
- Illegit child (if any)
EX.
Single Person Compulsory Heirs:
(1) SS, LC (W), IC and LP
- Parents
- LC= ½ NHE
- SS= ¼ NHE (taken from FP)
Concept of Legitime: not any of anger,
- IC= ½ of the share of the LC (FP)
vindictiveness, animosity, or resentment can
10M:
Legitime: 5M FP:5M
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Art. 931: If the testator orders that a thing acquired by onerous title he can demand
belonging to another be acquired in order that it reimbursement from the heir or the estate.
be given to a legatee or devisee, the heir upon
whom the obligation is imposed or the estate Ex. T is giving a prop already owned by the
must acquire it and give the same to the legatee friend
or devisee; but if the owner of the thing refuses T executed a will executed in Dec 2006: I give
to alienate the same, or demands an excessive to my friend X a honda civic car, 2005 model,
price therefor, the heir or the estate shall only red, with plate no. RAC123
be obliged to give the just value of the thing. If(at the time of the execution of the
will) X is already the owner of the car, will the
Ex. legacy be still effective on Ts death in 2007?
T in his will” I give to my friend X 2002 honda - Legacy is NOT EFFECTIVE; at the time of
civic car owned by A”. On T’s death, will X get the making of the will the legatee was
the car? already the owner of the gift being given
- There is no doubt in the mind of the to him
testator that the car was indeed owned - There is no more generosity or liberality
by A (from 930: erroneous belief that T is existing
the owner of the thing he is giving away) If X sells the car to another person and later on
- It was an order by the testator to his upon the death of the testator; is the legacy still
estate to acquire the car, and give it to effective? (another person is now the owner of
X; by whatever legal means the car)
- 2 circumstances when the car cannot be - VOID: the reckoning point at the time of
given to X: the making of the will; that the person at
1. when the A (owner) does not want to the time being given with the gift is
sell the car already owner of the particular thing
2. he wants to sell the car, but he - The subsequent alienation is immaterial
demands an excessive or - Even there will be a subsequent
unconscionable price (should be only reacquisition by gratuitous title is
the just and reasonable value of the immaterial
car) - X will not get anything from the estate of
the testator
Art. 932: The legacy or devise of a thing which - HOWEVER if he was able to reacquire the
at the time of the execution of the will already thing by ONEROUS title and paid money
belonged to the legatee or devisee shall be coming from his own pocket; the right of
ineffective, even though another person may legate is to be REIMBURSED from the
have some interest therein. estate of the testator, amount paid to be
able to acquire the car
If the testator expressly orders that the thing be
freed from such interest or encumbrance, the Ineffective: Legacy and Devise
legacy or devise shall be valid to that extent.
Art. 957: The legacy or devise shall be without
Art. 933: If the thing bequeathed belonged to effect:
the legatee or devisee at the time of the
execution of the will, the legacy or devise shall (1) If the testator transforms the thing
bequeathed in such a manner that it does not
be without effect, even though it may have
retain either the form or the denomination it
subsequently alienated by him. had;
If the legatee or devisee acquires it gratuitously (2) If the testator by any title or for any cause
after such time, he can claim nothing by virtue alienates the thing bequeathed or any part
of the legacy or devise; but if it has been thereof, it being understood that in the latter
case the legacy or devise shall be without effect
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only with respect to the part thus alienated. If Art. 934: If the testator should bequeath or
after the alienation the thing should again devise something pledged or mortgaged to
belong to the testator, even if it be by reason of secure a recoverable debt before the execution
nullity of the contract, the legacy or devise shall of the will, the estate is obliged to pay the debt,
not thereafter be valid, unless the reacquisition unless the contrary intention appears.
shall have been effected by virtue of the
exercise of the right of repurchase; The same rule applies when the thing is pledged
or mortgaged after the execution of the will.
(3) If the thing bequeathed is totally lost during
the lifetime of the testator, or after his death Any other charge, perpetual or temporary, with
without the heir's fault. Nevertheless, the which the thing bequeathed is burdened, passes
person obliged to pay the legacy or devise shall with it to the legatee or devisee.
be liable for eviction if the thing bequeathed
should not have been determinate as to its kind, Ex. The will reads:
in accordance with the provisions of article 928. “1. To X, I bequeath my diamond ring worth
50K which is pledged with Monte de Piedad;
Circumstances: 2. To Y, I devise my 250 sq.m. lot located in
San Pedro, Laguna which is mortgaged with
1. If the T transforms the thing and the
PNB; 1M
thing does not retain its form or nature 3. To W, I devise my 500 sq.m. lot located in
Ex. Agricultural land transformed into a Quezon City burdened by an easement of right
subdivision: devise becomes ineffective of way in favor of A;
2. T alienates the thing except with the 4. To Z, I devise my 180 sq.m. lot located in
right of repurchase Bulacan over which a usufruct for 5 years has
Ex. T gave a legacy X of his own car, been constituted in favor of B.”
executed in 2013, in 2014 T donated car
-the properties are encumbered
to mistress (VOID); when T died X legatee
-The provisions of the will are VALID; the T
claims his right to the car
remains the owner of the property
- NO more right; the act of
- as long as the T remains the owner of the
alienation made by the testator is
property; T can give them away by will
an act that makes the legacy
- the properties shall be given to the devisee or
ineffective
the legatee the properties free from debt
- XPN: if there is a right of
- estate of the testator must pay for the debt
repurchase
- servient property shall be given with the
***if instead of donating; T sold the car to
easement (right of way is perpetual; it is a real
another person; with a consideration; with right
right in favor of A
of repurchase
- usufruct must be respected only until 5 years it
- X becomes entitled to the legacy:
becomes a real right (Note. Usufruct may be
the alienation is with
terminated by the will of the parties)
consideration; not yet final, T
reserved the right to repurchase;
Legacy of Credit
during the lifetime of T or even
Art. 935: The legacy of a credit against a third
after his death T’s estate was
person or of the remission or release of a debt of
able to reacquire the property:
the legatee shall be effective only as regards
(buyer’s ownership is not yet
that part of the credit or debt existing at the
final)
time of the death of the testator.
3. The thing bequeathed was lost during the
T’s lifetime or after the death of the T
In the first case, the estate shall comply with
BUT without the heir’s fault
the legacy by assigning to the legatee all rights
Ex. a house was given to a devisee; later the of action it may have against the debtor. In the
house was burnt without fault of the heir/ a second case, by giving the legatee an
legal loss, the land was expropriated in favor acquittance, should he request one.
of the govt
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In both cases, the legacy shall comprise all Ex. D is the debtor of T in the amount of P1M;
interests on the credit or debt which may be due P200K and P500K which he incurred from T in
the testator at the time of his death. a span of 10 years. In 2013 T made a will
saying: “I remit all the debts owed to me by D”.
In 2014, D again borrowed several times from
Ex. X is the debtor of T in the amount of
T in the amounts P300K; P150T and P25K. On
P100,000.00. T made a will on Jan. 1, 2007 T’s death in, D claims that all his debts have
which reads: “I give this credit of P100T to my been remitted.
friend A.” On Dec. 25, 2014, X paid P25T to T. T - Debts during the lifetime of the T are the
died on Feb. 14, 2016. How much can A collect ones which are only remitted (1M, 2ooK
from debtor X as his legacy? and 500K) only these debts are the one
- A can only get 75K from X the debtor; existing at the time of the execution of
because 25K has already been paid during the will
the lifetime of the T - Subsequent debts are not included at the
- It will be onerous on the part of the time of the making of the will
debtor to be compelled to pay the whole
amount Legacy to Creditor
***the intention of the T is to give 100K, may get
the remaining 25K from the estate; but from the Art. 938: A legacy or devise made to a creditor
debtor only 75K shall not be applied to his credit, unless the
testator so expressly declares.
Condonation:
In the latter case, the creditor shall have the
right to collect the excess, if any, of the credit
Art. 936: The legacy referred to in the preceding
article shall lapse if the testator, after having or of the legacy or devise.
made it, should bring an action against the
debtor for the payment of his debt, even if such Ex.
payment should not have been effected at the T owes C P1M. In his will executed, T said: “I
time of his death. give C a legacy of P1M in cash”. How much
will C get on T’s death?
The legacy to the debtor of the thing pledged by - 2M; because the legacy given to the
him is understood to discharge only the right of creditor cannot be applied to the debt
pledge. of the T
Ex. X is the debtor of T in the amount of 1M: will GR: legacy cannot be applied to the credit
executed in 2013 reads:
“I condone/remit the debtor’s debt of 1M; Suppose T said: “I give C a legacy of P1M in
however during the lifetime of T; he filed a suit cash to be applied to my credit”. On T’s death,
how much will C get?
in court for the credit of X” On T’s death, is the
- 1M; it was expressly stated in the will
legacy still effective? of the testator that the 1M shall be
- Legacy is not effective: the T was the applied to the credit (not as legacy but
one who went to court and demanded for payment)
the payment of the debt. A judicial
demand XPN: when the T has expressly stated in his
- But if extrajudicial demand; legacy will that it should be applied to the credit
cannot be revoked
Art. 939: If the testator orders the payment of
Art. 937: A generic legacy of release or what he believes he owes but does not in fact
remission of debts comprises those existing at owe, the disposition shall be considered as not
the time of the execution of the will, but not written. If as regards a specified debt more than
subsequent ones. the amount thereof is ordered paid, the excess
is not due, unless a contrary intention appears.
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Effect:
Legal Heirs under IS
GR: legacy for education last; until the legatee
1. legit and illegit relatives
reached 18 years
- no distinction whether descending or
XPN: may continue: in order the legatee may
ascending or collateral
finish, professional, vocational or general
***limitation: Rule of Proximity: the nearer
course: PROVIDED; legatee pursue his course
excludes everybody else(degrees is important)
diligently
2. in default of the legit and illegit: the SS
will also inherit
Legacy for Support
3. in default of natural persons: the state
GR: last until the lifetime of the legatee
will also inherit (escheat proceedings:
XPN: testator provided for the period
initiated by the SOLGEN)
**if amount has not been fixed (legacy
Reqs. For Escheat:
educ/support)
a. no will
- fixed by social standing of the legatee
b. no debts
and other circumstances
c. no natural person belonging to the
- and the value of the estate
family of the decedent
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***Under TS: even a stranger may inherit; the T nieces of the decedent; ***the bro/sis of
may institute such stranger as one of the heirs of the decedent inherit double the share of
the FP the nephews and the nieces (Reason:
BUT in IS: bro/sis inherit per capita or individually;
GR: there must be a blood relationship; must be whereas the nephews and nieces inherit
related by consanguinity applying the Rule on per stirpes or as a group: as they only
Proximity (the nearer excludes the father represent their predeceased or
relative) incapacitated parents; they get half of
XPN: only two persons may inherit from the the share of the bros and siss of the
decedent under who are not related by blood: decedent)
1. SS
2. Legally adopted child (legal fiction of the Under TS: computation: will need to get legitime
legally adopted child becomes a relative) first and then FP to the instituted heirs
Under IS: DIVIDE THE ENTIRE ESTATE EQUALLY
Rules under IS among those who are existing at the time of
1. Rule of Proximity: nearer relative death of the decedent
excludes the father relative (important XPN:
to know the no. of degrees of - When there is legit children
relationship) concurring with the illegit
2. Preference Between Lines (if both of the children: (do not divide the entire
same degrees): the direct descending line estate equally among them):
id preferred over the direct ascending satisfy the legitime first;
line and the collateral line legitimacy is favored under the
3. In default of the direct descending line: law (legit: ½ NHE; illegit ½ of the
the direct ascending line is preferred legitime of the legit)
over the collateral line - When legit children concurring
4. GR:Relatives of equal degree inherit on with SS: consider SS as 1 child
equal parts/shares
XPN: a. half blood bros/sis only inherit; Principles both in TS and IS; However applied
half share of the full blood bro/sis of the under IS:
decedent
b. Right of representation: (1) Accretion
- The one lower in degree is raised Art. 968: If there are several relatives of the
in the degree of the one he same degree, and one or some of them are
represented; therefore he unwilling or incapacitated to succeed, his
becomes nearer to the decedent portion shall accrue to the others of the same
5. Iron Barrier/Curtain: degree, save the right of representation when it
Art. 992: An illegitimate child has no should take place.
right to inherit ab intestato from the
legitimate children and relatives of his father Ex. A, B, C are legitimate brothers of D who died
or mother; nor shall such children or without a will; A predeceased the decedent;
relatives inherit in the same manner from estate is P9M
the illegitimate child. ***bros are legal heirs if they are the nearest
- The prohibition is reciprocal the illegit heir of the decedent; bros should be all alive,
relative cannot inherit from the capacitated and willing to inherit
legitimate relative and the legitimate = 3M each brother
relative cannot also inherit from the
illegitimate relative BUT A predeceased D:
6. Double share among collaterals: if bro B and C will get 1.5M each coming from the 3M
and sis of the decedent concur, or exist of A
together with the nephews and the
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Repudiation of Inheritance
Art. 969: If the inheritance should be Ex. D (2002) 20M:sons A (2001) and B: 10M
repudiated by the nearest relative, should there A had sons X and Y
be one only, or by all the nearest relatives Y had son Z
called by law to succeed, should there be ***succession A will be opened ahead; because
several, those of the following degree shall he died first
inherit in their own right and cannot represent ***when A died Y repudiated
the person or persons repudiating the - therefore Z cannot represent
inheritance. - only X will inherit 10M
- - because of Y’s repudiation; Z cannot
Ex. (1..2M)D had 3 sons A.B and C represent to the inheritance
A had 2 sons W and X ***D succession
B; son Y - A cannot inherit for he is already dead
C: son Z - There is a right of representation
*** If all the heirs of equal degree repudiated the - Y can represent A
inheritance - Both X and Y
- W, X, Y and Z will inherit: in their own
right, because there is no right of Children Inherit in Their Own Right
representation; one who repudiated his
inheritance has no right of representation Art. 979: Legitimate children and their
- Each will get 300K descendants succeed the parents and other
***if C only repudiated inheritance: ascendants, without distinction as to sex or age,
and even if they should come from different
- A and B will inherit; one who repudiate
marriages.
cannot be represented
- 600k each An adopted child succeeds to the property of the
- W, X and Y cannot inherit because of the adopting parents in the same manner as a
rule on proximity legitimate child.
***if A, B and C predeceased
- W, X, Y and Z will inherit; by right of Art. 980: The children of the deceased shall
representation; always inherit from him in their own right,
- First give the share of the represented dividing the inheritance in equal shares.
sons A, B and C (400K each)
- W and X (200k each ***divide the estate equally among the children
- Y (400K) ***children inherit in their own right: whether
- Z (400K) they come from different marriages; regardless
***If A predeceased of their ages and even sexes (different
- B;400K marriages: may only divide among children if the
- C: 400K decedent is the common parent)
- ***they inherit per capita/individually
their own share Legit Children with Illegit Children
- W and X (200K) Art. 983: If illegitimate children survive with
- ***they inherit by right of representation: legitimate children, the shares of the former
per stirpes or per group shall be in the proportions prescribed by article
895.
One who repudiates cannot be represented BUT ***protect the legitime first of the legitimate
HE WHO REPUDIATES MAY REPRESENT HIM child and of the SS
WHOSE INHERITANCE HE HAS RENOUNCED - CC: ½ NHE
Art. 976: A person may represent him whose - SS: ¼ NHE
inheritance he has renounced - IC: (GR: ½ of share of LC) if insufficient:
Art. 977: Heirs who repudiate their share may the remaining must be divided among
not be represented. themselves
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Iron Curtain/Barrier
Art. 992: An illegitimate child has no right to
inherit ab intestato from the legitimate children
and relatives of his father or mother; nor shall
such children or relatives inherit in the same
manner from the illegitimate child.
Ex. On notes
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