PERSON AND FAMILY RELATION

NEW CIVIL CODE

 took effect on August 30, 1950

Effectivity of laws

GENERAL RULE: Laws take effect 15 days following the completion of its publication

EXCEPTION: Unless otherwise provided by the law. This refers to the 15 day period and NOT to the
requirement of publication. (Tanada vs. Tuvera)

NOTE: Administrative rules and regulations must also be published if their purpose is to enforce or
implement existing laws pursuant to a valid delegation. The publication must be in full since its
purpose is to inform the public of the contents of the law. (Phil. Int’l Trading Corp. vs. Angeles)

Ignorance of the law excuses no one

 considered a CONCLUSIVE presumption and applies only to mandatory and prohibitory

laws. (Consunji vs. CA)

Non-retroactivity of laws

GENERAL RULE: Laws have no retroactive effect.

EXCEPTIONS: (UCIPELT)

1.Unless the law otherwise provides

2. Curative statutes

3. Interpretative statutes

4. Procedural/remedial

5. Emergency laws

6. Laws creating new rights

7. Tax laws

EXCEPTIONS TO THE EXCEPTIONS:

1. Ex post facto laws

 2. Laws that impair obligation of contracts

Acts Contrary To Law

GENERAL RULE: Acts which are contrary to mandatory or prohibitory laws are void.

EXCEPTIONS:

1. When the law itself authorized its validity (ex. lotto, sweepstakes)

2. When the law makes the act only voidable and not void (ex. voidable contracts where
consent is vitiated)

3. When the law makes the act valid but punishes the violator (ex. marriage solemnized by
a person without legal authority)

Waiver of rights

 Requisites: (EKI)

1. Existence of a right

2. Knowledge of the existence of a right

3. Intention to relinquish the right

GENERAL RULE: Rights can be waived.

EXCEPTIONS:

1. If the waiver is contrary to law, public order, public policy, morals or good customs
(LPPMG)

2. If the waiver is prejudicial to a third party with a right recognized by law.

NOTE: A stipulation requiring the recipient of a scholarship grant to waive his right to transfer to
another school, unless he refunds the equivalent of his scholarship in cash is null and void. The school
concerned obviously understands scholarship awards as a business scheme designed to increase the
business potential of an educational institution. Thus, conceived, it is not only inconsistent with
sound policy, but also with good morals. (Cui vs. Arellano University)

Laws applicable

1. Penal laws and laws of public security

 territoriality rule governs

 laws of the Philippines will govern upon ALL those who live or sojourn in it

2. Laws relating to family rights and duties, or to the status, condition and legal capacity of
persons

 nationality rule applies

 laws of the Philippines will govern its citizens, regardless of their residence

EXCEPTION: When a marriage between a Filipino citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry,
the Filipino spouse shall likewise have the capacity to remarry under Philippine law. (Article 26(2)
Family Code)

NOTE: domiciliary rule supplants the nationality rule in cases involving stateless persons

3. Laws on property

 lex rei sitae applies

 real property, as well as personal property is subject to the law of the country where it is
situated

4. Laws on forms and solemnities

 lex loci celebrationis applies

Rules on Personal Law

DOMICILIARY NATIONALITY
RULE RULE
Basis for basis for
determining determining
personal law of an personal law of an
individual is individual is
his domicile his citizenship
 LEX LEX REI LEX LOCI
NATIO- SITAE CELEBRA-
NALII TIONIS
Art. 15, CC Art. 16, CC Art. 17, CC
Citizenship Law of the Law of the
is the basis place place where
for where the the contract
determining property is was executed
the situated is is the basis
personal the basis for
law for determining
applicable determining law applicable
law
applicable
Covers Covers both Covers only
family real & the forms &
rights & personal solemnities
duties, property (extrinsic
status, validity)
condition &
legal
capacity
Exception: Exceptions: Exceptions:

Art. 26, (CIAO) 1. Art. 26,

par. 2 of par. 1 of
Family 1. Capacity Family Code
Code to succeed (marriage
involving
Filipinos
2. Intrinsic solemnized
validity of abroad, when
the will such are void
in the
3. Amount Philippines)
of
successional 2. Intrinsic
rights validity of
contracts
4. Order of
succession

Renvoi Doctrine

 Where the conflict rules of the forum refer to a foreign law, and the latter refers it back
to the internal law, the latter (law of the forum) shall apply.

NOTE: If the foreign law refers it to a third country, the said country’s laws shall govern, and is
referred to as the transmission theory.

Doctrine of Processual Presumption

 The foreign law, whenever applicable, should be proved by the proponent thereof;
otherwise, such law shall be presumed to be exactly the same as the law of the forum.
Rule on Prohibitive Laws

GENERAL RULE: Prohibitive laws concerning persons, their acts or property and laws which have for
their object public order, public policy or good customs are not rendered

ineffective by laws, judgments promulgated or conventions agreed upon in foreign country.

EXCEPTION: Art. 26, par. 2 Family Code

 Example: Divorce law

Human Relations

 Every person must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith. (Art. 19 of NCC)

NOTE: The elements of an abuse of right under Art. 19 are:

1. There is a legal right;

2. Which is exercised in bad faith;

3. For the sole intent of prejudicing or injuring another. (Albenson Ent. Corp. vs. CA)

The SC in Velayo vs. Shell held the defendant liable under Art. 19 for disposing of its property (a
perfectly legal act) in order to escape the reach of a creditor. Likewise, in Globe Mackay Cable and
Radio Corp.
vs. CA, the employer corporation was held liable for damages for an abusive manner in dismissing an
employee, as well as for the inhuman treatment the latter got from them.

 Every person who, contrary to law, willfully or negligently causes damage to another, shall
indemnify the latter for the same. (Art. 20 of NCC)

 Any person who willfully causes loss or injury to another in a manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage. (ART. 21
of NCC)
NOTE: Art. 21 deals with acts contra bonus mores, and has the following elements:

1. There is an act which is legal;

2. But which is contrary to morals, customs, public order;

3. and it is done with intent to injure.

Arts. 19, 20 and 21 are related to each other and, under these articles, an act which

causes injury to another may be made the basis for an award of damages.

There is a common element under Arts. 19 and 21, and that is, the act must be done intentional.
However, Art. 20 does not distinguish, the act may be done either “willfully” or
“negligently.” (Albenson Ent. Corp. vs. CA)

 The SC in Pe vs. Pe, applying Art. 21 ruled that a married man had seduced a girl through an
ingenious and tricky scheme, i.e. on the pretext of teaching her how to pray the rosary, to the extent
of making her fall in love with him. Verily, he has committed an injury to the girl’s family in a manner
contrary to morals, good customs and public policy.

However, in Tanjanco vs. CA, the SC denied the award of moral damages based on the fact
that for one year, from 1958-1959, the plaintiff, a woman of adult age, maintained intimate sexual
relations with defendant, with repeated acts of intercourse. Such conduct is incompatible with the
idea of seduction. Plainly, there is here voluntariness and mutual passion; for had the plaintiff been
deceived, had she surrendered exclusively because of the deceit, artful persuasions and wiles of
defendant, she would not have again yielded to his embraces, much less for one year without exacting
early fulfillment of the alleged promises of marriage and would have cut short all sexual relations
upon finding that defendant did not intend to fulfill his promises. Hence, no case is made under Art.
21 of Civil Code.

 While a breach of promise to marry is not actionable, it has been held that to formally set a
wedding and go through and spend for all the wedding preparation and publicity, only to walk out of
it when the matrimony was about to be solemnized is a different matter. This palpably and
unjustifiably contrary to good customs for which the defendant must be held answerable for damages
in accordance with Art. 21 of the Civil Code. (Wassmer vs. Velez)

 The obligation of cohabitation of husband and wife is not enforceable by contempt proceedings.
In private relations, physical coercion is barred under the the old maxim – “Nemo potest preciso cogi
ad factum.” However, the refusal of the wife to perform her wifely duties, her denial of consortium
and her desertion of her husband would certainly constitute a willful infliction of injury upon her
husband’s feelings in a manner which is contrary to morals, good customs and public policy for which
Arts. 21 and 2210 (10) of the CC authorize an award for moral damages. (Tenchavez vs. Escano)

Prejudicial Question

GENERAL RULE: If both criminal and civil cases are filed in court, the criminal case takes precedence.

EXCEPTION: When there is a prejudicial question or a question that arises in a case, the resolution
of which is a logical antecedent of the issue involved herein, and the cognizance of which pertains
to another tribunal.

 Requisites (Sec. 7, Rule 111, Rules of Court)

a. Previously instituted civil action involves an issue similar or intimately related to the
issue raised in the subsequent criminal action, and

b. The resolution of such issue determines whether or not the criminal action may proceed

NOTE: The Civil Code has suppletory application in matters governed by special laws

PERSONS

CIVIL PERSONALITY

 aptitude of being the subject, active or passive, of rights and obligations

JURIDICAL CAPACITY TO ACT

CAPACITY
Fitness to be Power to do act with
the subject of legal effects
legal relations
Passive Active
Inherent Merely acquired
Lost only through Lost through death
death and other causes
Can exist without Cannot exist without
capacity to act juridical capacity
Cannot be Can be restricted,
limited or modified or limited
restricted

THEORIES ON CAPACITY TO ACT

 THEORY OF THEORY OF
GENERAL
CAPACITIES SPECIAL
CAPACITIES
Applies to Applies to juridical
natural persons persons
One has the This limits the power
ability to do all of juridical persons
things with legal only to those that are
effects except expressly conferred
only in those upon them or those
specific circum- which can be implied
stances where therefrom or
the capacity to incidental thereto
act is restrained

Natural persons

GENERAL RULE: Birth determines personality.

EXCEPTION: The law considers the conceived child as born for all purposes favorable to it if born
alive. Therefore, the child has a presumed personality, which has two characteristics:

1. limited; and

2. provisional/conditional (Quimiguing vs. Icao)

NOTES:

 The presumption as to the child’s personality applies only in cases beneficial to the child.

 The concept of provisional personality CANNOT be invoked to obtain damages for and in behalf
of an aborted child. (Geluz vs. CA)

When is a Child Considered Born

GENERAL RULE: For civil purposes, the fetus is considered born if it is alive at the time it is
completely delivered from the mother’s womb.

EXCEPTION: If the fetus had an intrauterine life of less than 7 months, it is not deemed born if it
dies within 24 hours after its complete delivery from the maternal womb.

Presumption of survivorship

 Two or more persons, called to succeed each other, shall be presumed to have died at the
same time, subject to the following conditions:
 1. parties are heirs to one another

2. no proof as to who died first

3. with doubt as to who died first

NOTE: Article 43 applies when the parties are called to succeed each other. But if the parties are
not called to succeed each other, Rule 131, Sec. 3 (jj) of the Rules of Court applies. Both are to be
applied only in the absence of facts.

Juridical persons

WHO:

1. State and its political subdivisions

2. Corporations, institutions and entities for public purpose or interest
3. Corporations, partnership and associations for private interest

HOW CREATED: For (a) and (b), by the laws creating or recognizing them; private corporations are
governed by BP 68 and partnership and associations are governed by the provisions of this Code
concerning partnerships.

NOTE: The Roman Catholic Church is a corporation by prescription, with acknowledged juridical
personality, inasmuch as it is an institution which antedated, by almost a thousand years, any other
personality in Europe, and which existed when Grecian eloquence still flourished in Antioch and when
idols where still worshipped in the temple of Mecca. (Barlin vs. Ramirez)

The estate of a deceased person should be considered an artificial or juridical person for the
purposes of the settlement and distribution of his estate which, of course, include the exercise during
the judicial administration thereof of those rights and the fulfillment of those obligations of his which
survived after his death. (Limjoco vs. Intestate Estate of Pedro Fragrante)

Cessation of Civil Personality

1. If natural persons: by death

2. If juridical persons: by termination of existence

CITIZENSHIP AND DOMICILE

RESIDENCE DOMICILE
 Used to indicate a denotes a FIXED
PLACE OF ABODE, PERMANENT
whether RESIDENCE, which
permanent or when absent, one
temporary has the intention of
returning
There can be There can only be
several places of ONE place of
residence domicile

Elements of Domicile

a. Physical presence in a fixed place

b. Intention to remain permanently (animus manendi)

Kinds of Domicile

1. Domicile of origin - received by a person at birth.

2. Domicile of choice - the place freely chosen by a person sui juris.

3. Constructive domicile - assigned to a child by law at the time of his birth.

II. FAMILY CODE

 took effect August 3, 1988

MARRIAGE

 A special contract of permanent union between a man and a woman entered into in accordance
with law for the establishment of conjugal and family life. Its nature, consequences and incidents
are fixed by law and cannot be the subject of stipulation.

Essential requisites: (LC)

1. Legal capacity of the contracting parties, who must be a male and a female

2. Consent freely given in the presence of a solemnizing officer

Formal requisites: (ALM)

1. Authority of the solemnizing officer

 2. Valid Marriage License

3. Marriage ceremony where the contracting parties appear before the solemnizing officer, with
their personal declaration that the take each other as husband and wife in the presence of not
less than two witnesses of legal age

Effects:

1. Absence of essential or formal requisites

 the marriage is void ab initio

2. Defect in any of the essential requisites

 The is marriage voidable

3. Irregularity in any of the formal requisites

 Does NOT affect the validity of the marriage BUT will hold the party responsible for such
irregularity liable

Persons Authorized To Solemnize Marriages: (PMJCCC)

1. priests, rabbis, and ministers of any church

2. municipal and city mayors

3. members of the judiciary

4. ship captains or air plane chiefs

5. commanders of military unit, in the absence of chaplain

6. consul generals, consuls or vice-consuls

Authorized Venues Of Marriage

GENERAL RULE: Must be solemnized publicly, and not elsewhere, in the:

1. chambers of the judge or in open court

2. church, chapel or temple

3. office of consul-general, consul or vice-consul

EXCEPTIONS:

1. marriage at the point of death (articulo mortis);

 2. marriage in remote places

3. marriage at a house or place designated by the parties with the written request to the
solemnizing officer

Marriages Exempt From License Requirement: (MOLAR)

1. among Muslims or members of ethnic cultural communities, provided such were solemnized
in accordance with their customs, rites and practices

2. solemnized outside the Phil. where NO marriage license is required by the country where they
were solemnized

3. of a man and a woman who have lived together as husband and wife for at least 5 years and
without legal impediment to marry each other

NOTE: The 5-year period should be computed on the basis of a cohabitation as husband and wife
where the only missing factor is the marriage contract to validate the union. This 5-year period
should be the years immediately before the day of the marriage and it should be a period of
cohabitation characterized by exclusivity - meaning no third party was involved at any time
within the 5 years and continuity - that is unbroken (Ninal vs. Bayadog, GR No. 133778 March 14,
2000).

NOTE: In the case of Manzano vs. Sanchez (G.R. No. MTJ-00-1329, March 08, 2001), the Supreme
Court laid down the requisites to avail the exemption under Article 34 of the Family Code:

a. The man and woman must have been living together as husband and wife for at least
five years before the marriage;
b. The parties must have no legal impediment to marry each other;
c. The fact of absence of legal impediment between the parties must be present at the
time of marriage;
d. The parties must execute an affidavit stating that they have lived together for at least
five years [and are without legal impediment to marry each other; and
e. The solemnizing officer must execute a sworn statement that he had ascertained the
qualifications of the parties and that he had found no legal impediment to their marriage

4. in articulo mortis

5. in remote places

NOTE: A marriage license is valid only for 120 days from date of issue, in any part of the Philippines.

Foreign Marriages

 Validity of marriage:
GENERAL RULE: Where one or both parties to the marriage are citizens of the Philippines, the foreign
marriage is valid in this country if solemnized in accordance with the laws of the country of
celebration.

EXCEPTIONS: Foreign marriages shall not be recognized in the Philippines if prohibited because:
(MABB-PIP)

1. contracted by a national who is below 18 years of age

2. bigamous or polygamous (except as provided for in Art. 41, FC)

3. contracted through mistake of one party as to the identity of the other

4. contracted following the annulment or declaration of nullity of a previous marriage but

before partition

5. void due to psychological incapacity

6. incestuous

7. void for reasons of public policy

 Validity of divorce:

GENERAL RULE: A divorce validly obtained abroad by the alien spouse, capacitating him/her to
remarry can allow the Filipino to remarry.

EXCEPTION: The rule will not apply if the divorce was obtained by the Filipino spouse.

NOTE: A Filipino wife remains the lawful wife of the Filipino husband despite a decree of divorce
obtained abroad by the wife. However, if the wife is already a foreigner at the time of the divorce,
she ceases to be the lawful wife of the Filipino husband. This, notwithstanding, if at the time of the
marriage the wife was still a Filipino, and subsequently acquires citizenship of another country,
thereby rendering her to have the legal capacity to obtain a decree of divorce, the Filipino
husband remains a spouse of the former. This situation is not covered by Art. 26, par.2 which requires
that, at the time of the marriage, one of the parties is already an alien.

VOID MARRIAGES

A. Due to absence of any of the essential requisites: (BB-LAPIS)

1. contracted by any party below 18 years of age even with parental consent

2. solemnized by any person not legally authorized to perform marriages unless one or both of
the parties believed in good faith that the solemnizing officer had the legal authority to do so

3. solemnized without a license except as otherwise provided

4. bigamous or polygamous marriages

 5. marriages contracted through mistake of one of the parties as to the identity of the other

6. subsequent marriages that are void under Article 53 of the Family Code

7. contracted by a party who at the time of the marriage was psychologically incapacitated

B. Incestuous marriages, whether the relationship be legitimate or illegitimate (Article 37):

1. between ascendants & descendants of any degree

2. between brothers & sisters whether full or half-blood

C. Those contrary to public policy (Article 38): (SCAPS-SAKA)

1. between collateral blood relatives whether legitimate or illegitimate up to the 4 th civil degree

2. between step-parents & step children

3. between parents-in-law & children-in-law

4. between the adopting parent & the adopted child

5. between the surviving spouse of the adopting parent & the adopted child

6. between the surviving spouse of the adopted child & the adopter

7. between an adopted child & a legitimate child of the adopter

8. between the adopted children of the same adopter

9. between parties where one, with the intention to marry the other, killed the latter’s spouse,
or his/her spouse.

NOTE: Under the FC, the following can now marry each other:

a. Brother-in-law and sister-in-law;

b. Stepbrother and stepsister;

c. Guardian and ward;

d. Adopted and illegitimate child of the adopter;

e. Parties who have been convicted of adultery or concubinage.

D. Subsequent marriages
 1. without judicial declaration of nullity of previous void marriage (Article 40)

2. without judicial declaration of presumptive death of absent spouse (Article 41)

3. where the spouse was presumed dead, and both the present spouse and would-be spouse were
in bad faith in contracting marriage (Article 44)

NOTE: Where there was failure to record in the civil registry and registry of property the judgment
of annulment or of absolute nullity of the marriage, partition and distribution of the property of the
spouses and the delivery of the children’s presumptive legitimes it shall not affect third persons
(Articles 52-53).

NOTE: Even if a marriage is void, it must be declared void first because the parties cannot decide for
themselves the invalidity of their marriage.

VOID VOIDABLE
Decree of nullity Decree of
annulment
Never be ratified Ratified by free
cohabitation
Attacked directly or Attacked directly
collaterally only
Co-ownership Conjugal
Partnership
Always void Valid until annulled
Action for Action prescribes
declaration of
nullity
does not prescribe

Psychological Incapacity

 no exact definition but is restricted to psychological incapacity “to comply with the essential
marital obligations of marriage”

 involves a senseless, protracted and constant refusal to comply with the essential marital
obligations by one or both of the spouses although he, she or they are physically capable of
performing such obligations (Chi Ming Tsoi vs. CA)

 Essential elements: (MAVFFCCI)

a. Mental condition

b. Applies to a person who is maritally contracted to another

c. Marriage entered into with volition

d. Failure to perform or comply with the essential obligations in marriage

 e. Failure to perform is chronic

f. Cause is psychological in nature

g. Cause is serious, with juridical antecedence and must be incurable

h. Incapacity results in the failure of the marriage.

JURISPRUDENTIAL GUIDELINES: (Republic vs. Molina)

1. burden of proof belongs to the plaintiff

2. root cause of the psychological incapacity must be:

1. medically or clinically identified

2. alleged in the complaint
3. sufficiently proven by experts
4. explained in the decision

3. incapacity must be existing at the time of the celebration of marriage

4. incapacity must be permanent or incurable

5. illness is grave enough to bring about disability to assume marital obligations

6. marital obligations refer to Art. 68-71 of FC as well as Art. 220,221 and 225 of the FC

7. interpretations of the National Appellate Matrimonial Tribunal of the Catholic Church of the
Philippines while not controlling should be given great respect.

8. trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear
for the state.

JUDICIAL OF DECLARATION OF NULLITY

 The absolute nullity of a previous marriage may be invoked for purposes of remarriage on
the basis solely of a final judgment declaring such previous marriage void.

NOTES:

 For purposes of remarriage, the only legally acceptable basis for declaring a previous marriage
an absolute nullity is a final judgment declaring such previous marriage void, whereas, for
purposes other than remarriage, other evidence is acceptable. (Domingo vs. CA)

 In a case for concubinage, the accused need not present a final judgment declaring his marriage
void for he can adduce evidence in the criminal case of the nullity of his marriage other than proof
of a final judgment declaring his marriage void. Hence, the pendency of the civil action for nullity
of marriage does not pose a prejudicial question in a criminal case for concubinage.

 Parties to the marriage should not be permitted to judge for themselves its nullity, for the
same must be submitted to the judgment of the competent courts and only when the nullity of
 the marriage is so declared can it be held as void, and so long as there is no such declaration, the
presumption is that the marriage exists for all intents and purposes. Therefore, he who cohabits
with a woman not his wife, before the judicial declaration of nullity of the marriage, assumes the
risk of being prosecuted for concubinage. (Beltran vs. People, June 20, 2000)

BIGAMOUS MARRIAGES

GENERAL RULE: A marriage contracted by any person during the subsistence of a previous valid
marriage shall be null and void.(Gomez vs. Lipana)

EXCEPTIONS: When the following conditions concur, the subsequent bigamous marriage shall be
valid:

1. absence of the other spouse must have been for four consecutive years, or two years where
there was danger of death

2. well-founded belief of the present spouse that absent spouse was already dead

3. judicial declaration of presumptive death

EFFECTS OF TERMINATION OF SUBSEQUENT MARRIAGE: (ICADI)

1. Children of the subsequent marriage conceived prior to its termination shall be considered
legitimate;

2. The absolute community or conjugal partnership shall be dissolved and liquidated. If either
spouse acted in bad faith, his/her share in the net profits shall be forfeited:

a. in favor of the common children;

b. if none, in favor of the children of the guilty spouse by previous marriage; or

c. in default of children, in favor of the innocent spouse;

3. Donations by reason of the marriage remain valid except if the donee contracted the marriage
in bad faith;

4. The innocent spouse may revoke the designation of the spouse in bad faith as the beneficiary
in any insurance policy; and

5. The spouse who contracted the subsequent marriage in bad faith shall be disqualified
to inherit from the innocent spouse by testate or intestate succession.

NOTE: The above effects apply in voidable bigamous marriages. Except for (1), the above effects
also apply to marriages which are annulled or declared void ab initio under Art. 40 of the Code.

DECLARATION OF PRESUMPTIVE DEATH

  Requisites: (MR-BF)

1. That the absentee spouse has been missing for 4 consecutive years or 2 consecutive years if
the disappearance occurred where there is danger of death under circumstances laid down in
Art.391 of the NCC

2. The present spouse wishes to remarry;

3. The present spouse has well-founded belief that the absentee is Dead;

4. The present spouse files a summary proceeding for the declaration of presumptive death.

NOTE: The present spouse must establish that he had a well-founded belief required by law that
his absent wife was already dead that would sustain the issuance of a court order declaring
presumptive death. In the case of RP vs. Nolasco, The SC believed that respondent Nolasco failed to
conduct a search for his missing wife with such diligence as to give rise to a “well-founded belief”
that she is dead. When he arrived in San Jose, Antique after learning of his wife’s departure, instead
of seeking the help of local authorities or of the British embassy, he secured another seaman’s
contract and went to London, a vast city of many millions of inhabitants, to look for her there. (RP
vs. Nolasco)

Effect of Reappearance of Absent Spouse:

GENERAL RULE: The subsequent bigamous marriage under Article 41 remains valid despite
reappearance of the absentee spouse.

EXCEPTION: If the reappearance was made in a sworn statement recorded in the civil registry,
the subsequent marriage is “automatically terminated.”

EXCEPTION TO THE EXCEPTION: If there was a previous judgment annulling or declaring the first
marriage a nullity, the subsequent bigamous marriage remains valid.

VOIDABLE MARRIAGES

 Grounds: (UP-FAVS)

1. Age of the party in whose behalf it is sought to have the marriage annulled was 18 years of
age or over but below 21, and the marriage was solemnized without the consent of the parents,
guardian or person exercising substitute parental authority over the party, in that order, and
both lived together as husband and wife;

2. Unsound mind of either party

3. Fraudulent means of obtaining consent of either party

4. Vitiated consent of either party through force, intimidation or undue influence

5. Physical incapability of either party to consummate the marriage with the other, and such
incapacity continues and appears to be incurable
 6. Sexually-transmissible disease of either party found to be serious and appears to be incurable

NOTE: Mode of ratification for Nos. 1-4 is COHABITATION. In Nos. 5 & 6, there is no ratification to
speak of since the defect is permanent. The latter can be convalidated only by prescription, i.e. 5
years from the date of marriage. Specifically, in no.5, the healthy spouse may still annul the marriage
within 5yrs. after celebration.

Circumstances amounting to Fraud under Article 46: (SPND)

1. Non-disclosure of a previous conviction by final judgment of the other party of a crime

involving moral turpitude;

2. Concealment by the wife of the fact that at the time of the marriage, she was Pregnant by a
man other than her husband;

3. Concealment of a Sexually transmissible disease, regardless of its nature, existing at the time
of the marriage; and

4. Concealment of Drug addiction, habitual alcoholism, homosexuality or lesbianism existing at

the time of the marriage.

NOTES:

 Misrepresentation as to character, health, rank, fortune or chastity is not a ground for

annulment.

 The enumeration in Article 46 is EXCLUSIVE. (Anaya vs. Palaroan)

Ground Persons Prescriptive

(F2I2NS) Who May Period
Sue
1.Force, Injured party w/in 5 years
intimidation, from the time
or undue the force,
intimidation,
influence or undue
influence
ceased

2. Fraud Injured party w/in 5 years

from the dis-
covery of
fraud
 3. incapabi- Injured party w/in 5 years
lity to after the
consum- celebration of
mate the marriage

4. Insanity (a) sane (a) anytime

spouse who before the
has no death of
knowledge of either party
the insanity
(b) anytime
(b) relatives, before the
guardians or death of
persons ha- either party
ving legal
charge of the (c) during
insane lucid interval
or after
(c) insane regaining
spouse sanity
5. Non- (a) parent/ (a) anytime
consent legal guardian before the
having charge “no consent”
of the “no- party reaches
consent” 21
party
(b) w/in 5
(b) ”no years after
consent reaching 21
“ party
6. STD Injured party w/in 5 years
after the
celebration of
the marriage

NOTE: In Nos. 1, 2, 4, and 5, when cohabitation takes place after the defect ceases to exist, the
prescriptive period is rendered moot and academic. Whichever comes first may convalidate the
marriage: Cohabitation or Prescription.

Requisites for annulment due to Impotence under Art.45(5) (CUPIN)

a. Impotence exists at the time of the celebration of the marriage

b. The impotence is permanent

c. incurable

d. The impotence is unknown to the other spouse

e. The other spouse must not also be impotent

Doctrine of Triennial Cohabitation

 presumption that the husband is impotent should the wife still remain a virgin after 3 years of
living together with her husband.

Requisites for annulment due to Disease under Article 45(6) (ICSIIF)

1. Either party is inflicted with a sexually transmissible disease (STD)

ADDITIONAL REQUIREMENTS FOR ANNULMENT OR DECLARATION OF NULLITY

1. Prosecuting attorney or fiscal should:

a. Take steps to prevent collusion between the parties

b. Take care that evidence is not fabricated or suppressed

2. The following must be accomplished:

a. Partition and distribution of the properties of the spouses

b. Delivery of the children’s presumptive legitimes

c. Recording of the judgment of annulment or absolute nullity.

NOTES:

 There will be collusion only if the parties had arranged to make it appear that a ground existed
or had been committed although it was not, or if the parties had connived to bring about a
matrimonial case even in the absence of grounds therefore. (Ocampo vs. Florenciano)

 A grant of annulment of marriage or legal separation by default is fraught with danger of

collusion. If the defendant spouse fails to answer the complaint, the court cannot declare him or
her in default but instead, should order the prosecuting attorney to determine if collusion exists
between the parties.

However, petitioner’s vehement opposition to the annulment proceedings negates the

conclusion that collusion existed between the parties. Under these circumstances, the non-
intervention of a prosecuting attorney to assure lack of collusion between the contending parties
is not fatal to the validity of the proceedings in the trial court. (Tuason vs. CA, GR 116607, April
10, 1996)

RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF

VOIDABLE MARRIAGES (A.M. 00-11-01-SC)

 took effect on March 15, 2003

  this Rule shall govern petitions for declaration of absolute nullity of void marriages and
annulment of voidable marriages under the Family Code of the Philippines.

 the Rules of Court has suppletory application

 for a more comprehensive discussion on the procedural aspects of the Rule, please refer to
the Remedial Law Memory Aid.

LEGAL SEPARATION

 Grounds: (SAMBA-LIPAD)

1. repeated physical violence or grossly abusive conduct directed against the petitioner, a
common child, or a child of the petitioner

2. attempt of the respondent to corrupt or induce the petitioner, a common child, or a child of
the petitioner, to engage in prostitution, or connivance in such corruption or inducement

3. attempt by the respondent against the life of the petitioner

4. final judgment sentencing the respondent to imprisonment of more than 6 years even if
pardoned

5. drug addiction or habitual alcoholism of the respondent

6. lesbianism or homosexuality of the respondent

7. abandonment of the petitioner by the respondent without justifiable cause for more than 1
year

8. physical violence or moral pressure to compel petitioner to change religious or political

affiliation

9. contracting by respondent of a subsequent bigamous marriage; and

10. sexual infidelity or perversion.

NOTES:

 Cooling-off Period – 6 months period designed to give the parties enough time to further
contemplate their positions with the end in view of attaining reconciliation between them.

 The enumeration in Article 55 regarding legal separation is EXCLUSIVE. (Lacson vs. San Jose-
Lacson)

Grounds for denial of petition:

(CCCC-MP-DR)
 a. Condonation -NOTE: failure of the husband to look for his adulterous wife is NOT condonation
to wife's adultery. (Ocampo vs. Florenciano)

b. Consent

c. Connivance

d. Collusion

e. Mutual Guilt

f. Prescription

g. Death of either party during the pendency of the case (Lapuz-Sy vs. Eufemio)

h. Reconciliation of the spouses during the pendency of the case

Effects of filing petition:

a. The spouses shall be entitled to live separately from each other.

b. The husband shall have no more right to have sexual intercourse with his wife.

c. In the absence of an agreement between the parties, the court shall designate the husband,
the wife, or a 3rd person to manage the absolute community or conjugal partnership property.

Effects of decree of legal separation:

a. The spouses shall be entitled to live separately from each other but the marriage bond is not
severed.

b. The absolute community or conjugal partnership shall be dissolved and liquidated.

c. The custody of the minor children shall be awarded to the innocent spouse subject to the
provisions of Art. 213 of the Code.

d. The offending spouse shall be disqualified from inheriting from the innocent spouse by
intestate succession and the provisions in favor of the offending spouse made in the will of the
innocent spouse shall be revoked by operation of law.

e. The innocent spouse may revoke the donations made by him/her in favor of the offending
spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if the
designation be irrevocable.

Effects of Reconciliation of the Spouses:

 a. The legal separation proceedings, if still pending, shall thereby be terminated at whatever
stage.

b. The final decree of legal separation shall be set aside, but the separation of property and any
forfeiture of share of the guilty spouse already effected shall subsist, unless the spouses agree
to revive their former property regime.

RULE ON LEGAL SEPARATION

(A.M. 02-11-11-SC)

 took effect on March 15, 2003

 this Rule shall govern petitions for legal separation under the Family Code in the Philippines;
the Rules of Court shall apply suppletorily

 please refer to the Remedial Law Memory Aid for the procedural provisions of the Rule

MARITAL RIGHTS AND OBLIGATIONS

(JL-FORM)

1. live together

2. observe mutual love, respect & fidelity

3. render mutual help & support

4. fix the family domicile

5. joint responsibility for the support of the family

6. management of the household

Exercise of Profession

GENERAL RULE: Husband & wife can engage in any lawful enterprise or profession without
the consent of the other.

EXCEPTION: Upon objection of the other spouse only on valid, serious and moral grounds, may
the former’s consent be necessary.

Property Relations Between Husband & Wife

 Governed by:

1. marriage settlements executed before the marriage or antenuptial agreements

 2. provisions of the Family Code

3. local customs (when spouses repudiate absolute community)

MARRIAGE SETTLEMENTS

 It is a contract entered into by the future spouses fixing the matrimonial property regime that
should govern during the existence.

 Requisites:

1. made before celebration of marriage

2. in writing (even modifications)

3. signed by the parties

4. not prejudice third persons unless registered in the civil registry

5. to fix terms and conditions of their property relations

6. additional signatories

1. 18-21: parents
2. civil interdictees & disabled: guardian

 Not applicable when:

1. both spouses are aliens, even if married in the Philippines

2. as to extrinsic validity of contracts

3. contrary stipulation

DONATIONS BY REASON OF MARRIAGE

 Requisites: (COBB)

1. made before celebration of marriage

2. in consideration of marriage

3. in favor of one or both future spouses

 BASES DONATIONS ORDINARY
PROPTER DONATIONS
NUPTIAS
Governed by the Governed
Formalities rules on ordinary by rules on
donations except donations
that if future (Arts. 725-
property is 773, NCC)
donated, it must
conform with
formalities of wills
Present May be donated No limit
Property but up to 1/5 of except that
donor’s present donor shall
property leave
property
enough for
his support
Future property May be included Cannot be
provided donation included
is mortis causa

Grounds for Art. 86, FC Arts. 760,

revocation 764, & 765,
NCC

Rule on Donation Between Spouses During Marriage

GENERAL RULE: VOID, either direct or indirect donation

EXCEPTIONS:

1. moderate gifts on occasions of family celebrations

2. donations mortis causa

NOTE: This rule also applies to common-law spouses. (Article 87, Family Code)

Grounds for Revocation (VIRAL-CN)

1. marriage Not celebrated or declared Void ab initio except those made in marriage
settlements

2. marriage without parental Consent

3. marriage is Annulled and donee is in bad faith

4. upon Legal separation, the donee being the guilty spouse

5. complied Resolutory condition

6. donee commits acts of Ingratitude

SYSTEM OF ABSOLUTE COMMUNITY (AC)

 The property regime of the spouses in the absence of a marriage settlement or when the
marriage is void. This is so because it is more in keeping with Filipino culture.

GENERAL RULE: Community property shall consist of all property owned by the spouses at the time
of the marriage or acquired thereafter.

EXCEPTIONS: (BEG)

1. property acquired before the marriage by either spouse who has legitimate descendants
by a former marriage

2. property for personal and exclusive use except jewelry

3. property acquired during the marriage by gratuitous title, except when the donor,
testator or grantor expressly provides otherwise

NOTE: No waiver of rights allowed during the marriage except in case of judicial separation of
property. The waiver must be in a public instrument.

Administration of the community property

GENERAL RULE: It shall belong to both spouses jointly.

EXCEPTIONS:

1. In case of disagreement, husband’s decision shall prevail.

2. In case one spouse is incapacitated or unable to participate in the administration of the

common properties, other spouse may assume sole powers.

NOTE: These powers do not include:

a. Disposition

b. encumbrance

NOTE: Any alienation or encumbrance is void if without the written consent of the other spouse

Rule on Game of Chance

 LOSS: Shall be borne by the loser-spouse and shall not be charged to the community property

 WINNINGS: Shall form part of the community property

Steps in Liquidation of AC: (IP-DDP)

1. Inventory

a. Inventory of Community Property

b. Inventory of separate property of the wife

c. Inventory of separate property of the husband

2. Payment of Community Debts

 First, pay out of community assets, if not enough, husband and wife are solidarily liable

3. Delivery to each spouse his/her separate property if any

4. Division of the net community assets

5. Delivery of presumptive legitimes, if any, to the children

CONJUGAL PARTNERSHIP OF GAINS (CP)

 It is that formed by a husband and wife whereby they place in a common fund the fruits of
their separate property, and the income from their work or industry, the same to be divided
between them equally (as a general rule) upon the dissolution of the marriage or the partnership.

Conjugal Partnership Property: (LC2 FONT)

1. obtained from labor, industry, work or profession

2. acquired by chance

3. acquired during the marriage with conjugal funds

4. fruits of the conjugal property

5. acquired through occupation

6. net fruits of their exclusive property

7. share of either spouse in hidden treasure

Exclusive Property Of Each Spouse: (OGRE)

1. that which is brought to the marriage as his/her own

2. acquired during the marriage by gratuitous title

 3. acquired by right of redemption, barter or exchange with property belonging to either spouse

4. purchased with exclusive money of either spouse

Rules In Cases Of Improvement Of Exclusive Property

1. Reverse Accession – if the cost of the improvement and the plus value is more than the value
of the principal property at the time of the improvement, the property becomes conjugal

2. Accession – if the cost of the improvement of the plus value is equal to or less than the value
of the principal property at the time of the improvement, the entire property becomes the
exclusive property of the spouse.

Steps In Liquidation Of CP: (DIRDO-DIP)

1. Inventory of the Conjugal Partnership of Gains assets

2. Restitution of advances made to each spouse

3. Payment of debts to each spouse

4. Payment of obligations to third parties

5. Delivery of exclusive properties

6. Payment of losses and deterioration of movables belonging to each spouse

7. Delivery of presumptive legitimes

8. Division of the net conjugal partnership properties

NOTE: Property bought on installments paid partly from exclusive funds of the spouses and partly
form conjugal funds:

1. If full ownership was vested before the marriage – it shall belong to the buyer-spouse
2. If full ownership was vested during the marriage - it shall belong to the conjugal partnership

Charges Upon and Obligations Of AC and CP:

1. Support for family except for illegitimate children of either spouse;

2. Debts and obligations which must have been contracted:

a. by administrator-spouse for the benefit of the family;

b. by both spouses; or
 c. by one spouse with the consent of the other;

3. Debts and obligations without marital consent provided the family was benefited;

4. All taxes, liens, charges and expenses including major or minor repairs upon the community
or conjugal property;

NOTE: However, in conjugal partnership, actual use need not be proved because it is presumed.

5. All taxes and expenses for mere preservation made during the marriage upon the exclusive
property of either spouse used by the family;

6. Expenses for education or self-improvement of either spouse;

7. Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the
family;

8. The value of what is donated or promised by both spouses in favor of their common legitimate
children for education or self-improvement; and

9. Expenses of litigation between spouses unless found to be groundless.

NOTES:

 The separate properties shall be solidarily and subsidiarily liable for the obligations if the
community or conjugal properties are insufficient.

 The absolute community property shall also be liable for ante-nuptial debts mentioned above,
support of illegitimate children, and liabilities incurred by either spouse by reason of a crime or
quasi-delict in case of insolvency of the exclusive property of the debtor-spouse. Payment of
which shall be advanced by the absolute community property, subject to deduction from the
share of the debtor-spouse.

 The conjugal partnership property shall likewise be liable for the payment of the personal
debts of either spouse insofar as they have redounded to the benefit of the family.

 Indirect benefits that might accrue to a husband in his signing a surety or guarantee agreement
not in favor of the family but in favor of his employer corporation are not the benefits that can
be considered as giving a direct advantage accruing to the family. Hence, the creditors cannot
go against the conjugal partnership property of the husband in satisfying the obligation subject
of the surety agreement. A contrary view would put in peril the conjugal partnership property by
allowing it to be given gratuitously as in cases of donation of conjugal partnership property, which
is prohibited. (Ayala Investment Corp. vs. CA)

Grounds For Termination Of Absolute Community And Conjugal Partnership: (LADS)

1. decree of legal separation

2. annulment or declaration of nullity of marriage

3. death of either spouses

 4. judicial separation of property

REGIME OF SEPARATION OF PROPERTY

 Causes: (CLAAPS)

a. petitioner’s spouse has been sentenced with a penalty which carries with it civil interdiction;

b. loss of parental authority of the petitioner’s spouse as decreed by the court;

c. petitioner’s spouse has been judicially declared an absentee;

d. abandonment by the petitioner’s spouse and failure to comply with the obligations to the
family;

e. spouse granted power of administration in marriage settlement abused such power; and

f. at the time of the petition, spouses are separated in fact for at least 1 year and the possibility
for reconciliation is highly improbable.

NOTE: The spouses contribute to the family expenses proportionately with their income and the
value of their properties. However, the liability of the spouses to the creditors for family expenses
is solidary.

PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE

Art. 147 Art. 148

Applica- 1. Without legal 1. With legal
bility impediment to impediment to
marry
marry
2. Adulterous
2. Void marriages
relationships
due to absence of
formal requisite
3. Bigamous or
polygamous
marriages

4. Incestuous
void marriages
under Art. 37

5. Void
marriages by
reason of
public policy
under Art. 38
Salaries & Owned in equal Separately
Wages shares owned by the
parties
Property Belongs to such Belongs to
Acquired party provided such party
Exclusively
there is proof
by Either
Party that he/she
acquired it by
exclusive funds

Property Governed by the Owned by

Acquired rules on co- them in
by Both ownership common in
Parties proportion to
their
respective
contributions
Presump- Presumption of joint No
tion (prima acquisition and equal presumption
facie) sharing as to of joint
property acquired acquisition.
while they live When there is
together. evidence of
joint
acquisition but
none as to
the extent of
actual
contribution,
there is a
presumption
of equal
sharing.
Forfeiture When only one of If one of the
the parties is in good parties is
faith, the share of validly married
the party in bad to another,
faith in the co- his/her share
ownership shall be in the co-
forfeited: ownership
shall accrue to
a. in favor of their the absolute
common children; or community or
conjugal
partnership
b. in default of or in existing in
case such valid
marriage.

If the party
who acted in
of waiver by any or bad faith is
all of the common not validly
children or their married to
descendants, in another or if
favor of the innocent both parties
party. are in bad
faith, such
share shall be
forfeited in
the manner
provided in
the last
paragraph of
Article 147.
NOTE: Under Art. 148, only the properties acquired by both of the parties through their actual joint
contribution of money, property or industry shall be owned by them in proportion to their respective
contributions. It must be stressed that actual contribution is required by this provision, in contrast
to Art. 147 which state that efforts in the care and maintenance of the family and household, are
regarded as contributions to the acquisition of common property by one who has no salary or income
or work or industry. If the actual contribution of the party is not proved, there will be no co-
ownership and no presumption of equal shares. (Agapay vs. Palang). Hence, mere cohabitation
without proof of contribution will not result in a co-ownership. (Tumlos vs. Fernandez).

THE FAMILY

 Basic social institution which public policy cherishes and protect hence, no suit between
members of the family shall prosper unless the compromise between the parties have failed

FAMILY RELATIONS INCLUDE:

1. between husband and wife

2. between parents and children
3. among ascendants and descendants
4. among brothers and sisters whether full or half-blood

FAMILY HOME

GENERAL RULE: The family home is exempt from execution, forced sale or attachment.

EXCEPTIONS: (PLMN)

1. debts incurred prior to constitution

2. debts due to laborers, mechanics, architects, builders, material men and others who have
rendered service or furnished materials for the construction of the building
3. debts secured by mortgages
4. non-payment of taxes

 Guidelines:

1. deemed constituted from time of actual occupation as a family residence

2. must be owned by person constituting it

 3. must be permanent

4. rule applies to valid and voidable and even to common-law spouses under Articles 147 and
148

5. continues despite death of one or more spouses or unmarried head of the family for 10 years,
or as long as a minor beneficiary lives

6. can constitute one (1) family home only

PATERNITY AND FILIATION

Rule on Children Conceived as a Result of Artificial Insemination

 Status is legitimate child, provided both husband and wife authorized or ratified the
insemination in a written instrument which they executed and signed before the birth of the child

Legitimate Children

GENERAL RULE: Only those who are conceived or born during a valid marriage

EXCEPTIONS: (CAVALAC)

Those children who are

1. Conceived as a result of artificial insemination

2. Born of a voidable marriage before decree of annulment

3. Conceived or born before judgment of annulment or absolute nullity under Art. 36 has
become final & executory

4. Conceived or born of subsequent marriage under Art. 53

5. Of mothers who may have declared against its legitimacy or was sentenced as an adultress

6. Legally adopted

7. Legitimated, conceived and born outside of wedlock of parents without impediment at

the time of conception and had subsequently married

Illegitimate Children

GENERAL RULE: Those conceived and born outside a valid marriage are illegitimate.

EXCEPTIONS: Children who are:

 1. born of marriages which are void ab initio such as bigamous and incestuous marriages
and marriage was declared void for being contrary to law and public policy

2. of voidable marriages born after the decree of annulment

Rules on Impugning Legitimacy

A. Grounds (PBA)

1. physical impossibility of the husband to have sexual intercourse with his wife within the
1st 120 days of the 300 days immediately preceding the child’s birth, due to:

a. physical incapacity of the husband;

b. husband and the wife were living separately; or

c. serious illness of the husband which absolutely prevented sexual intercourse

2. biological or scientific proof that the child could not have been that of the husband; and

3. written authorization or ratification of either parent for artificial insemination was obtained
through mistake, fraud, violence, intimidation or undue influence.

B. Prescriptive periods

1. one year, from knowledge of birth or recording in the civil register, if husband or heirs lives
in the SAME city/municipality

2. two years, if resides in the Phils.

3. three years, if abroad

C. Parties

GENERAL RULE: Only the husband may impugn

EXCEPTION: The heirs, if the husband dies before the end of the prescription of the action, or after
filing complaint, or child was born after death

NOTE: The question of legitimacy cannot be collaterally attacked, it can be impugned only in a direct
action.

Rule on the Status of Children born after 300 days following Termination of Marriage

A. Requisites (TS-WBN)
 1. first marriage terminated

2. mother contracted subsequent marriage

3. subsequent marriage was contracted within 300 days after termination of previous marriage

4. child was born

5. no evidence as to status of child

B. Rules as to whom the child belongs

1. to first marriage, if child was born before the lapse of 180 days after celebration of
2nd marriage provided born within 300 days after termination of the 1 st marriage.

2. to second marriage, if child was born after 180 days following celebration of 2 nd marriage
whether born within 300 days after termination of 1 st marriage or afterwards.

Proof of Filiation

GENERAL RULE: Filiation of legitimate (or illegitimate) children is established by any of the following:

1. The record of birth appearing in the civil registrar or a final judgment

2. An admission of legitimate (or illegitimate) filiation in a public document or a private handwritten

instrument and signed by the parent concerned.

EXCEPTION: In the absence of any of the foregoing evidence, such legitimate or illegitimate filiation
shall be proved by:

1. Open and continuous possession of the status of a legitimate or illegitimate child;

2. Any other means allowed by the Rules of Court and special laws.

NOTES:

 Continuous does not mean that the concession of status shall continue forever but only that it
shall not be of an intermittent character while it is continuous. The possession of such status
means that the father has treated the child as his own, directly and not through others,
spontaneously and without concealment though without publicity. There must be a showing of
permanent intention of the supposed father to consider the child as his own by continuous and
clear manifestation of paternal affection and care. (Mendoza vs. CA). The paternal affection and
care must not be attributed to pure charity. “Such acts must be of such a nature that they reveal
not only the conviction of paternity, but also the apparent desire to have and treat the child as
such in all relations in society and in life, not accidentally, but continuously.” (Jison vs. CA)

 The SC in Lim vs. CA, ruled that petitioner was the father of his illegitimate children because
the evidences convincingly show this. Hence, it was the petitioner who paid the bills for the
hospitalization of the mother when she gave birth. He was the one who caused the registration
 of the name of the child using his surname in the birth certificate. He also wrote handwritten
letters to the mother and the child stating his promise “to be a loving and caring husband and
father to both of you.” There were also pictures of the petitioner on various occasions cuddling
the child.

 In view of the fact that filiation may be proved by “any means allowed by the Rules of Court
and special laws” this may consist of baptismal certificate, a judicial admission, a family bible in
which his name has been entered, common reputation respecting his pedigree, admission by
silence, the testimony of witnesses and such other kinds of proof admissible under Rule 130 of
RC. (Mendoza vs. CA) For a baptismal certificate to be proof of filiation under the Rules of Court,
it must be shown that the father therein participated in the preparation of the same. A birth
certificate not signed by the alleged father indicated in said certificate is not competent
evidence of paternity. (Fernandez vs. CA)

 Proof of filiation of petitioners to the late Enrique Baluyut is not sufficient to confer upon
them any hereditary right in the estate of the deceased. What is necessary to be established by
an illegitimate not natural child in order that he may be entitled to successional rights under Art
887 of NCC, is not the fact of his bare filiation but a filiation acknowledged by the putative
parent.(Baluyut vs. Baluyut)

Rights of the Children

LEGITIMATE ILLEGITIMATE
Use of father & Use of mother‘s
mother’s surname surname

NOTE: However, RA
9255 amended
Article 176, FC
Receive support Receive support
from parents according to FC
Entitled to the Legitime is ½ of the
legitime & other legitime of a
successional rights legitimate child

R.A. No. 9255

 An Act Allowing Illegitimate Children to use the surname of their Father, amending for the
purpose Article 176 of EO No. 209, otherwise known as the "FAMILY CODE OF THE PHILIPPINES":
 Approved February 24, 2004

Illegitimate children may use the surname of their father if:

1. their filiation has been expressly recognized by the father through the record of birth
appearing in the civil register, or

2. when an admission in a public document or private handwritten instrument is made by the

father
LEGITIMATION

 Requisites: (NIM)

a. The child is illegitimate

b. The parents at the time of the child’s conception are not disqualified from marrying each
other

c. There is a valid marriage subsequent to the child’s birth

ADOPTION

A. Domestic Adoption Act of 1998

(R.A. NO. 8552)

Who may adopt: (LPG-CANE)

1. Filipino Citizen:

a. of legal age

b. in a position to support and care for his/her children in keeping with the means of the
family

c. good moral character

d. in possession of full civil capacity or legal rights

e. at least 16 years older than the adoptee, except when:

1) adopter is the biological parent of the adoptee

2) adopter is the spouse of the adoptee’s parent

f. has not been convicted of any crime involving moral turpitude

g. emotionally and psychologically capable of caring for children

2. Alien:

a. same qualifications as a Filipino

b. country has diplomatic relations with the Phil.

c. has been living in the Phil. for at least three (3) continuous years prior to the application
for adoption and maintains such residence until the adoption decree is entered, except when
 1) former Filipino citizen who seeks to adopt a relative within the 4 th degree of
consanguinity or affinity

2) one who seeks to adopt the legitimate or illegitimate child of his/her Filipino spouse

3) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse
a relative within the 4th degree of consanguinity or affinity of the Filipino spouse

d. certified to have legal capacity to adopt by his/her diplomatic or consular office

e. certified by said office that his government allows the adoptee to enter his/her country
as his/her adopted child

3. Guardian – with respect to the ward after termination of the guardianship and clearance of
his/her financial accountabilities

Pre-Adoption Services

 the DSWD shall provide for the following services:

1. counselling services for the biological parents, prospective adoptive parents and prospective
adoptee
2. exhaust all efforts to locate the biological parents, if unkown

Rule on Adoption by Spouses

GENERAL RULE: The husband and the wife shall JOINTLY adopt.

EXCEPTIONS:

1. one spouse seeks to adopt the legitimate child of the other

2. one spouse seeks to adopt his/her own illegitimate child

3. the spouses are legally separated

Who may be adopted:

1. any person below 18 years of age who has been voluntarily committed to the DSWD under P.D.
603 or judicially declared available for adoption

2. legitimate stepchild

3. illegitimate stepchild

4. qualified adult, who, prior to the adoption, has been consistently considered by the adopter
as his/her own child since minority;
 5. child whose adoption has been previously rescinded

6. child whose biological or adoptive parents have died, provided that no proceedings shall be
initiated within 6 months from the time of death of said parents

Consent in Adoption (BAILAS)

The WRITTEN CONSENT to the adoption is required in the following cases:

1. the adoptee, if 10 years of age or over

2. biological parents or government instrumentality

3. the legitimate/adopted children, 10 years old or over, of the adopter and adoptee

4. the illegitimate children, 10 years old or over, of the adopter if living with the adopter and
the latter's spouse

5. spouse of the adopter and adoptee

Effectivity of Decree of Adoption

 a decree of adoption shall be effective as of the date the original petition was filed. It applies
also in case the petitioner(s) dies before the issuance of the decree of adoption to protect the interest
of the adoptee.

NOTE: Where the petition for adoption was granted after the child had shot and killed a girl, the SC
did not consider the retroactive effect to the decree of adoption so as to impose a liability upon the
adopting parents accruing at the time when the adopting parents had no actual or physical custody
over the adopted child. Retroactive effect may perhaps be given to the granting of the petition for
adoption where such is essential to permit the accrual of some benefit or advantage in favor of the
adopted child. To hold that parental authority had been retroactively lodged in the adopting parents
so as to burden them with liability for a tortious act that they could not have foreseen and which
they could have prevented would be unfair and unconscionable. (Tamargo vs. CA 209 S 518)

Effects of Adoption: (SAL)

1. Severance of legal ties between the biological parents and the adoptee and the same shall
be vested in the adopters.

EXCEPTION: if the biological parent is the spouse of the adopter

2. Adoptee shall be considered as a legitimate child of the adopter(s) for all intents and purposes.
 3. In legal or intestate succession, the adoptee and the adopter(s) shall have reciprocal rights
of succession without distinction from legitimate filiation. However, if there is a will, the rules
on testamentary succession shall be followed.

Rescission of Adoption

 Grounds: (ASAR)

1. attempt on the life of the adoptee

2. sexual assault or violence

3. abandonment and failure to comply with parental obligations

4. repeated physical or verbal maltreatment by the adopter

NOTES:

 Only the adoptee is given the right to rescind the decree of adoption

 The adopter can NOT rescind the decree of the adoption but he or she may disinherit the adoptee.

 Effects:

a. Parental authority of adoptee’s biological parents or legal custody of DSWD shall be restored if
adoptee is still a minor or incapacitated.

b. Reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall
be extinguished.

c. The amended certificate of birth of the adoptee shall be cancelled and its original shall be
restored.

d. Succession rights shall revert to its status prior to the adoption, but vested rights shall not be
affected.

B. Inter-Country Adoption Act of 1995 (R.A. No. 8043)

Inter-Country Adoption

 The socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently
residing abroad where the petition is filed, the supervised trial custody is undertaken, and the decree
of adoption is issued outside the Philippines.
Who may be adopted:

a. Only a “legally-free child” may be the subject of inter-country adoption

NOTE: “Legally-free Child” - a child who has been voluntarily or involuntarily committed to the
DSWD of the Philippines, in accordance with the Child Youth and Welfare Code.

b. No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the
child cannot be adopted locally.

Who may adopt:

 Any alien or Filipino citizen permanently residing abroad may file an application for inter-
country adoption of a Filipino child if he/she:

1. is at least 27 years of age and at least 16 years older than the child to be adopted, at the
time of the application unless the adopter is the parent by nature of the child to be adopted or
the spouse of such parent

2. if married, his/her spouse must jointly file for the adoption

3. has the capacity to act and assume all rights and responsibilities of parental authority under
his national laws, and has undergone the appropriate counselling from an accredited counsellor
in his/her country

4. has not been convicted of a crime involving moral turpitude

5. is eligible to adopt under his/her national law

6. is in a position to provide the proper care and support and to give the necessary moral
values and example to all his children, including the child to be adopted

7. agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N.
Convention on the Rights of a Child, and to abide by the rules and regulations issued to
implement the Inter-Country Adoption Act

8. comes from a country with whom the Philippines has diplomatic relations and whose
government maintains a similarly authorized and accredited agency and that adoption is allowed
under his/her national laws

9. possesses all the qualifications and none of the disqualifications under the Inter-Country
Adoption Act and other applicable Philippine laws

Inter-Country Adoption Board

 acts as the central authority in matters relating to inter-country adoption.

 The Board shall ensure that all possibilities for the adoption of the child under the Family Code
have been exhausted and that inter-country adoption is in the best interest of the child.
Trial Custody:

 6 months from the time of placement

1. starts upon actual physical transfer of the child to the applicant who, as actual custodian,
shall exercise substitute parental authority over the person of the child.

2. the adopting parent(s) shall submit to the governmental agency or authorized and accredited
agency, which shall in turn transmit a copy to the Board, a progress report of the child’s
adjustment.

NOTES:

 If the pre-adoptive relationship is found unsatisfactory by the child or the applicant or both,
or if the foreign adoption agency finds that the continued placement of the child is not in the
child’s best interest, said relationship shall be suspended by the Board and the foreign adoption
agency shall arrange for the child’s temporary care.

 If a satisfactory pre-adoptive relationship is formed between the applicant and the child, the
Board shall submit the written consent to the adoption to the foreign adoption agency within 30
days after receipt of the latter’s request.

 A copy of the final decree of adoption of the child, including certificate of

citizenship/naturalization whenever applicable, shall be transmitted by the foreign adoption
agency to the Board within 1 month after its issuance.

NOTE: For a comprehensive discussion of the procedural aspects of adoption, please refer to A.M.
No. 02-06-02-SC or the Remedial Law Memory Aid

SUPPORT

everything indispensable for sustenance, dwelling, clothing, medical attendance, education

and transportation in keeping with the financial capacity of the family

Kinds: (LJC)

1. Legal – that which is required or given by law

2. Judicial – required by the court to be given whether pendente lite or in a final judgment

3. Conventional – given by agreement

Characteristics: (PIN-ERV)

1. Personal
 2. Intransmissible

3. Not subject to waiver or compensation

4. Exempt from attachment or execution

5. Reciprocal on the part of those who are by law bound to support each other

6. Variable

Persons obliged to support each other:

1. spouses

2. legitimate ascendants and descendants

3. parents and their legitimate children and the legitimate and illegitimate children of the latter

4. parents and their illegitimate children and the legitimate and illegitimate children of the
latter

5. legitimate brothers and sisters whether full or half-blood

NOTE: Support shall be in proportion to the resources or means of the giver and to the necessities of
the recipient.

Order of liability if several persons are obliged to give support:

1. spouse

2. descendants in the nearest degree

3. ascendants in the nearest degree

4. brothers and sisters

NOTES:

 When the obligation to give support falls upon 2 or more persons payment shall be divided
between them in proportion to the resources of each, but in case of urgent need and special
circumstances, the court may order one of them to furnish the support provisionally subject to
the right to claim from the other obligors the share due them

 When two or more recipients at the same time claim for support and the obligor does not have
sufficient means to satisfy all claims:

1. the order of liability provided by law shall be followed

 2. if the concurrent obligees should be the spouse and child subject to parental authority, the
child shall be preferred

PARENTAL AUTHORITY (PA)

Rules as to the exercise of PA:

1. The father and the mother shall JOINTLY exercise parental authority over the persons of their
common children. In case of disagreement, the father’s decision shall prevail UNLESS there is a
judicial order to the contrary

2. If the child is illegitimate, parental authority is with the mother.

Parental Preference Rule

 the natural parents, who are of good character and who can reasonably provide for the child
are ordinarily entitled to custody as against all persons

Rule in case of legal separation of parents:

 parental authority is exercised by the parent designated by the court.

GENERAL RULE: No child under 7 years of age shall be separated from the mother.

EXCEPTION: When the court finds compelling reason to order otherwise.

NOTE: Paramount consideration in matters of custody of a child is the welfare and well-being of the
child. (Tonog vs. CA)

Persons Exercising Substitute PA:

1. surviving grandparent

2. oldest brother or sister over 21 years of age unless unfit or disqualified

3. actual custodian unless unfit or disqualified

Persons Exercising Special PA:

1. school

2. administrators and teachers

 3. individual, entity or institution engaged in child care

NOTES:

 Parental authority and responsibility are inalienable and may not be transferred and renounced
except in cases authorized by law.

 Parents may exercise parental authority over their child’s property

Kinds of Properties of a Minor

ADVENTITIOUS PROFECTITIOUS
1. earned or acquired 1. property given by
by the child through his the parents to the child
work or industry by for the latter to
onerous or gratuitous administer
title
2. owned by the child 2. owned by the
parents
3. child is also the 3. parents are the
usufructuary, but the usufructuary
child’s use of the
property shall be
secondary to the
collective daily needs
of the family
4. property 4. property
administered by the administered by the
parents child

Termination of PA

PERMANENT TEMPORARY
1. death of the 1. adoption of the
parents child

2. death of the child 2. appointment of a

general guardian
3. emancipation of
the child 3. judicial
declaration of
4. subjected child abandonment
to sexual abuse
4. final judgment
divesting the
parents of parental
authority

5. judicial
declaration of
absence or inca-
pacity of the
parents exercising
parental authority
over the child
Grounds for suspension of PA (CHOBAN)

1. conviction of a crime with the penalty of civil interdiction

2. harsh or cruel treatment against the child

3. orders, counsel and example which are corrupting, given by the person exercising authority

4. begging is compelled of the child

5. acts of lasciviousness, allowed for the child to be subjected to, or himself subjects the child
to

6. negligence, which is culpable, committed by the person exercising authority

FUNERALS

GENERAL GUIDELINES

1. duty and right to make arrangement in funerals in accordance with Article 199, FC

2. the funeral shall be in keeping with the social position of the deceased

3. the funeral shall be in accordance with the expressed wishes of the deceased

a. in the absence of the expressed wishes, his religious beliefs or affiliation shall determine

b. in case of doubt, the persons in Article 199, FC shall decide

4. any person who disrepects the dead or allows the same shall be liable for damages

Grounds for Change of First Name or Nickname under R.A. No. 9048 (An act authorizing City or
Municipal Civil Registrar or the Consul General to Correct a Clerical or Typographical Error in an
Entry and/or Change of First Name or Nickname in the Civil Registrar Without need of a Judicial
Order, Amending for this Purpose Articles 376 and 412 of the Civil Code))

1. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonour or
extremely difficult to write or pronounce

2. The new first name or nickname has been habitually and continuously used by the petitioner
and he has been publicly known by that first name or nickname in the community

3. The change will avoid confusion

NOTE: Please refer to Remedial Law Memory Aid for a comprehensive discussion of the procedural
aspects of change of name.
ABSENCE

DECLARATION OF ABSENCE

WITHOUT WITH
ADMINISTRATOR ADMINISTRATOR
2 years from the lapse 5 years from the lapse
of time without news of time without news
about the absentee or about the absentee or
since the receipt of since the receipt of
the last news the last news

PRESUMPTION OF DEATH

ORDINARY EXTRAORDINARY/
ABSENCE QUALIFIED
ABSENCE

a. 7 YEARS, person For all purposes

presumed dead for all including those of
purposes except for opening succession, a
those of opening period of 4 YEARS, and
succession for purposes of
remarriage of the
b. 10 YEARS, person spouse present, a
presumed dead for period of 2 YEARS, is
purposes of opening sufficient under the
succession except if he following
disappeared after the circumstances:
age of 75, in which
case, a period of 5 a. person on board a
years is sufficient vessel lost during a sea
voyage or an aeroplane
c. 4 YEARS, person which is missing; period
presumed dead for is counted from the loss
purposes of remarriage of the vessel or
of the spouse present aeroplane

b. person in the armed

forces who has taken
part in war

c. person in danger of
death under other
circumstances and his
existence has not been
known

PROPERTY
  All things which are, or may be the object of appropriation

 Requisites: (USA)

1. utility

2. substantivity or individuality

3. appropriability

I.

A. IMMOVABLE PROPERTIES

1. land, buildings, roads and constructions of all kinds adhered to the soil;

2. trees, plants and growing fruits, while they are attached to the land or form an integral part
of an immovable;

3. everything attached to an immovable in a fixed manner in such a way that it cannot be

separated therefrom without breaking the material or deterioration of the object;

4. statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on
lands by the owner of the immovable in such a manner that it reveals the intention to attach
them permanently to the tenements;

5. machinery, receptacles, instruments or implements intended by the owner of the tenement

for an industry or works which may be carried on in a building or on a piece of land, and which
tend directly to meet the needs of the said industry or works;

Requisites:

1. made by owner
2. industry or works carried on building or on land
3. machines, etc must tend directly to meet needs of the industry or works
4. machines, etc. must be essential and principal elements of the industry.

Exception: if the lessee or the tenants made

Exception to the Exception: if there is the agreement between the owner and the lessee

5. animal houses, pigeon-houses,

permanent attached to the land- Real

if it can be transferred to another place- personnal

6. beehives, fishponds or breeding places of similar nature, in case their owner has placed or
preserved them, with the intention to have them permanently attached to the land, and forming
a permanent part of it; the animals in those places are included;
 7. fertilizer actually used on a piece of land;

Actually used in the land- Real

8. mines, quarries and slag dumps, while the matter thereof forms part of the bed, and waters
either running or stagnant;

If the mines are within the mines- Real

But if carried outside of the mines- Personal

9. docks and structures which, though floating, are intended by their nature and object to remain
at a fixed place on a river, lake or coast; and

10. contracts for public works, and servitudes and other real rights over immovable property

 Categories: (NIDA)

1. Real by nature – it cannot be carried from place to place (pars. 1 & 8, Art. 415, Civil Code)
2. Real by incorporation – attached to an immovable in a fixed manner to be an integral part
thereof (pars. 1-3 Art. 415, Civil Code)
3. Real by destination – placed in a n immovable for the utility it gives to the activity carried
thereon (pars. 4-7 and 9 Art. 415, Civil Code)
4. By analogy it is so classified by express provision of law (par. 10, Art. 415, Civil Code)

B.MOVABLE PROPERTIES

1. those movables susceptible of appropriation which are not included in the preceding article;

2. real property which by any special provision of law is considered as personalty;

3. forces of nature which are brought under control of science;

4. in general, all things which can be transported from place to place without impairment of the
real property to which they are fixed;

5. obligations and actions which have for their object movables or demandable sums; and

6. shares of stock of agricultural, commercial and industrial entities, although they have real
estate.

TESTS:

a) By exclusion: movables are everything not included in Art. 415.

 b) By description: an object is movable if it possesses:

1) Ability to change location

2) Without substantial injury to the immovable to which it is attached.

Important Doctrines/principles on immovable and movable properties:

a) A Building is an immovable even if not erected by the owner of the land. The only criterion
is union or incorporation with the soil. (Ladera vs. Hodges, 48 O.G. 4374).

b) Parties to a contract may by agreement treat as personal properties that which by nature
would be real property; and it is a familiar phenomenon to see things classes as real property for
purposes of taxation which on general principle might be considered personal property (Standard
Oil Co. vs. Jaranillo, 44 Phil 631).

c) For purposes of attachment and execution and for purposes of the Chattel Mortgage Law,
ungathered products have the nature of personal property. (Sibal vs. Valdez, 50 Phil, 512).

d) The human body, whether alive or dead, is neither real nor personal property, for it is not
even property at all, in that it generally cannot be appropriated. Under certain conditions, the
body of a person or parts thereof may be subject matter of a transaction. (See RA No. 349, RA
No. 7170, RA No. 7719).

e) What is the effect of temporary separation of movables from the immovables to which they
have been attached?

2 Views:

1) They continue to be regarded as immovables.

2) Fact of separation determines the condition of the objects thus recovering their
condition as movables.

* the latter view is supported by Paras and Tolentino who maintains that the failure of the
codifiers to reproduce the provision of the partidas on the matter is an indication that they did
not intend the rule to continue.

f) A building that is to be sold or mortgaged and which would be immediately demolished may be
considered personal property and the sale or mortgage thereof would be a sale of chattel, or a chattel
mortgage respectively, for the true object of the contract would be the materials.

II.

A. PROPERTY OF PUBLIC DOMINION

 Concept: It is not owned by the state but pertains to the state, which, as territorial sovereign
exercises certain juridical prerogatives over such property. The ownership of such properties is
in the social group, whether national, provincial or municipal.

 Purpose: To serve the citizens and not the state as a juridical person.
  Kinds:

1. Those intended for public use

2. Those which are not for public use but intended for public service
3. Those intended for the development of the national wealth

 CHARACTERISTICS:

1. Outside the commerce of man

2. Inalienable. But when no longer needed for public use or service, may be declared
patrimonial property. In Laurel vs. Garcia (187 SCRA 797), the Supreme Court held that
“whether or not the Roppongi and related properties will eventually be sold is a policy
determination where both the President and Congress must concur”.

3. Cannot be acquired by prescription

4. Not subject to attachment or execution
5. Cannot be burdened with easements

NOTE: They cannot be registered under the land registration law and be the subject of a Torrens
title. The character of public property is not affected by possession or even a Torrens Title in favor
of private persons. (Palanca vs. Commonwealth, 69 Phil. 449).

B. PATRIMONIAL PROPERTY OF THE STATE

 Property of the State owned by it in its private or proprietary capacity.

 the state has the same rights over this kind of property as a private individual in relation to
his own private property

C. PROPERTY OF LOCAL GOVERNMENT UNITS (LGUs)

1. Property for public use – consist of roads, streets, squares, fountains, public waters,
promenades and public works for public service paid for by the LGUs

2. Patrimonial Property – all other property possessed by LGUs without prejudice to provisions
of special laws

NOTE: In the case of Province of Zamboanga Del Norte vs. City of Zamboanga, the Supreme Court
categorically stated that “this court is not inclined to hold that municipal property held and devoted
to public service is in the same category as ordinary private property. The classification of municipal
property devoted for distinctly governmental purposes as public should prevail over the Civil Code in
this particular case”. Here, the Law of Municipal Corporations was considered as a special law in the
context of Article 424 of the NCC.
 D. PROPERTY OF PRIVATE OWNERSHIP
 refers to all property belonging to private persons either individually or collectively and
those belonging to the State and any of its political subdivisions which are patrimonial in
nature
 Muebles or furniture generally has for its principal object the furnishing or ornamenting
of a building. Note that there are exceptions to this definition and are generally not included
as furniture unless the law or the individual’s declaration include them.

OWNERSHIP

 The right to enjoy, dispose, and recover a thing without further limitations than those
established by law or the will of the owner.

 Rights included:

1. Right to enjoy: (PUFA)

a) to possess (jus possidendi)

b) to use (jus utendi)

c) to the fruits (jus fruendi) and accessions

d) to abuse (jus abutendi)

2. Right to dispose: (DATE)

a) to destroy

b) to alienate

c) to transform

d) to encumber

3. Right to vindicate: (RP)

a) pursuit

b) recovery

4. Right to exclude: (ER)

a) to enclose, fence and delimit

b) to repel intrusions even with force

 Characteristics: (EGEIP)
 1. Ownership is Elastic – power/s may be reduced and thereafter automatically recovered upon
the cessation of the limiting rights.

2. General – the right to make use of all the possibilities or utility of the thing owned, except
those attached to other real rights existing thereon.

3. Exclusive – there can only be one ownership over a thing at a time. There may be two or
more owners but ONLY ONE ownership.

4. Independence – It exists without necessity of any other right

5. Perpetuity – ownership lasts as long as the thing exists. It cannot be extinguished by non user
but only by adverse possession.

 Limitations:

1. General limitations imposed by the State for its benefit

2. Specific limitations imposed by law

3. Limitations imposed by the party transmitting the property either by contract or by will

4. Limitations imposed by the owner himself

5. Inherent limitations arising from conflict with other rights

De Facto case of Eminent Domain

 expropriation resulting from the actions of nature as in one case where land becomes part of
one sea. The owner loses his property in favor of the state without any compensation.

Principle of Self-Help

 right of the owner or lawful possessor to exclude any person from the enjoyment and disposal
of the property by the use of such force as may be necessary to repel or prevent actual or
threatened unlawful physical invasion or usurpation of his property.

 Requisites: (RONA)

1. reasonable force

2. owner or lawful possessor is the person who will exercise

3. no delay in one’s exercise

4. actual or threatened physical invasion or usurpation

RGENERAL RULE: A person cannot interfere with the right of ownership of another.
REXCEPTION: Doctrine of Incomplete Privilege or State of Necessity (Article 432)

 Requisites: (ID)

1. Interference necessary

2. Damage to another much greater than damage to property

LEGAL REMEDIES TO RECOVER POSSESSION OF ONE’S PROPERTY

1. Personal property: Replevin

 REPLEVIN - remedy when the complaint prays for the recovery of the possession of personal
property.

2. Real Property:

a. ACCION INTERDICTAL

 Nature: summary action to recover physical or material possession only. It consists of the
summary actions of:

1. Forcible entry

 Action for recovery of material possession of real property when a person originally in
possession was deprived thereof by force, intimidation, strategy, threat or stealth

2. Unlawful Detainer

 Action for recovery of possession of any land or building by landlord, vendor, vendee,
or other person against whom the possession of the same was unlawfully withheld after
the expiration or termination of the right to hold possession, by virtue of any contract.

Forcible Entry Unlawful

Detainer
As to when possession became unlawful
Possession of the Possession is
defendant is inceptively lawful
unlawful from the but becomes illegal
beginning as he from the time
acquires defendant
possession by unlawfully
Force, withholds
intimidation, possession after the
strategy, threat or expiration or
stealth termination of his
right thereto.
As to the necessity of demand
No previous Demand is
demand for the jurisdictional if the
defendant to ground is non-
 vacate is payment of rentals
necessary or failure to comply
with the lease
contract

As to necessity of proof of prior

physical possession
Plaintiff must Plaintiff need not
prove that he was have been in prior
in prior physical physical possession
possession of the
premises until he
was deprived
thereof by the
defendant
As to when the 1 year period is counted
from
1 year period is 1 year period is
generally counted counted from the
from the date of date of last demand
actual entry on or last letter of
the land demand

b. ACCION PUBLICIANA

 Nature: Ordinary civil proceeding to recover the better right of possession, except in cases
of forcible entry and unlawful detainer. The involved is not possession de facto but
possession de jure.

c. ACCION REIVINDICATORIA

 Nature: action to recover real property based on ownership. Here, the object is the
recovery of the dominion over the property as owner.

 Requisites:

1. Identity of the Property

2. Plaintiff’s title to the property

Surface Rights

 The owner of parcel of land is the owner of its surface and everything under it.

 The economic utility which such space or subsoil offers to the owner of the surface sets the
limit of the owner’s right to the same.

HIDDEN TREASURE
  Definition: any hidden or unknown deposit of money, jewelry or other precious objects, the
lawful ownership of which does not appear.

RGENERAL RULE: It belongs to the owner of the land, building or other property on which it is found.

REXCEPTIONS: The finder is entitled to ½ provided:

1. Discovery was made on the property of another, or of the state or any of its political
subdivisions;

2. The finding was made by chance;

3. The finder is not a co-owner of the property where it is found;

4. The finder is not a trespasser;

5. The finder is not an agent of the landowner;

6. The finder is not married under the absolute community or the conjugal partnership
system (otherwise his share belongs to the community).

ACCESSION

 The right by virtue of which the owner of a thing becomes the owner of everything that it may
produce or which may be inseparably united or incorporated thereto, either naturally or
artificially.

 Classifications:

1. Accession Discreta – the right pertaining to the owner of a thing over everything produced thereby

Kinds of Fruits

1. natural fruits – spontaneous products of the soil and the young and other products of animals
2. industrial fruits – those produced by lands of any kind through cultivation or labor
3. civil fruits – rents of buildings, price of leases or lands and the amount of perpetual or life
annuities or other similar income

GENERAL RULE: To the owner belongs the natural, industrial, and civil fruits.

EXCEPTIONS: If the thing is: (PULA)

a) in possession of a possessor in good faith;

b) subject to a usufruct;
 c) leased or pledged; or

d) in possession of an antichretic creditor

2. Accession Continua – the right pertaining to the owner of a thing over everything that is
incorporated or attached thereto either naturally or artificially; by external forces.

a. With respect to real property

i. accession industrial

 building, planting or sowing

ii. accession natural

 alluvium, avulsion, change of river course, and formation of islands

b. With respect to personal property

i. adjunction or conjuction

ii. commixtion or confusion

iii specification

Basic Principles: (GONE BAD)

1. He who is in good faith may be held responsible but will not be penalized.

2. To the owner of a thing belongs the extension or increase of such thing.

3. Bad faith of one party neutralizes the bad faith of the other.

4. There should be no unjust enrichment at the expense of others.

5. Bad faith involves liability for damages.

6. Accessory follows the principal.

7. Accession exists only if the incorporation is such that separation would either
seriously damage the thing or diminish its value.

Right of Accession with respect to Immovable Property

NOTE: See TABLES

  Important Doctrines/Principles:

a) Under Art 448, the landowner may not refuse both to pay for the building and to sell the land
and instead seek to compel the owner of the building to remove the building from the land. He
is entitled to such removal ONLY when, after having chosen to sell the land, the other party fails
to pay for said land. (Ignacio vs. Hilario, 76 Phil. 605)

b) Should no other arrangement be agreed upon, the owner of the land does not automatically
become the owner of the improvement. (Filipinas Colleges, Inc. vs. Timbang, 106 Phil. 247)

c) Article 448 is not applicable where a person constructs a house on his own land and then sells
the land, not the building. (Coleongco vs. Regalado, 27 Phil 387)

d) Article 448 does not apply to cases which are governed by other provisions of law such as co-
ownership, usufruct, agency, lease.

e) The provision on indemnity in Art. 448 may be applied by analogy considering that the primary
intent of the law is to avoid a state of forced co-ownership especially where the parties in the
main agree that Articles 448 and 546 are applicable and indemnity for the improvements may be
paid although they differ as to the basis of the indemnity. (Pecson vs. CA 244 SCRA 407).

ACCESSION NATURAL

1. Alluvion or alluvium – increment which lands abutting rivers gradually receive as a result of
the current of the waters.

 Concept: it is the gradual deposit of sediment by the natural action of a current of fresh
water (not sea water, the original identity of the deposit being lost.

 Requisites:

a) the deposit be gradual and imperceptible

b) that it be made through the effects of the current of the water

c) that the land where accretion takes place is adjacent to the banks of the river.

NOTES:

 The owners of the lands adjoining the banks of the river (riparian lands) shall own the accretion
which they gradually receive.

 Accretion operates ipso jure. However, the additional area is not covered by a Torrens title
and the riparian owner must register the additional area.

 Doctrines:

a) Where the deposit is by sea water, it belongs to the state

 b) A gradual change of bed is also governed by the rules of alluvium (Canas vs. Tuason 5
Phil. 689)

2. Avulsion – the transfer of a known portion of land from one tenement to another by the force
of the current. The portion of land must be such that it can be identified as coming from a
definite tenement.

 Requisites:

a) The segregation and transfer must be caused by the current of a river, creek or torrent.

b) The segregation and transfer must be sudden or abrupt

c) The portion of land transported must be known or identified

NOTES:

 The owner must remove the transported portion within two years to retain ownership

 In case of uprooted trees, the owner retains ownership if he makes a claim within 6
months. This refers only to uprooted trees and does not include trees which remain planted on
a known portion of land carried by the force of the waters. In this latter case, the trees are
regarded as accessions of the land through gradual changes in the course of adjoining
stream. (Payatas vs. Tuazon)

 Registration under the Torrens system does not protect the riparian owner against diminution
of the area of his land through gradual changes in the course of adjoining stream (Payatas vs.
Tuazon).

Alluvium Avulsion
1. gradual and 1. sudden or
imperceptible abrupt process
2. soil cannot be 2. identifiable and
identified verifiable
3. belongs to the 3. belongs to the
owner of the owner from whose
property to which property it was
it is attached detached
4. merely an 4. detachment fol-
attach-ment lowed by
attachment

3. Change of course of rivers

 Requisites:
 a) There must be a natural change in the course of the waters of the river

b) The change must be abrupt or sudden

NOTES:

 Once the river bed has been abandoned, the owners of the invaded land become owners of the
abandoned bed to the extent provided by this article. No positive act is needed on their part, as
it is subject thereto ipso jure from the moment the mode of acquisition becomes evident.

 It does not apply to cases where the river simply dries up because there are no persons whose
lands are occupied by the waters of the river.

4. Formation of Islands

 RULES ON OWNERSHIP

a. If formed by the sea:

1) within territorial waters - State

2) outside territorial waters – to the first occupant

b. If formed in lakes, or navigable or floatable rivers - State

c. If formed on non-navigable or non-floatable rivers:

1) if nearer to one margin or bank – to the nearer reparian owner

2) if equidistant from both banks- to the reparian owners, by halves.

NOTE: There is no accession when islands are formed by the branching of a river; the owner retains
ownership of the isolated piece of land.

Right of Accession with respect to movable property

 Basic Principle: Accession exists only if separation is not feasible. Otherwise, separation may
be demanded.

 KINDS (accession continua as to movables):

1. Adjunction

 the union of two things belonging to different owners, in such a manner that they cannot
be separated without injury, thereby forming a single object.

 Requisites

a) the two things must belong to different owners

 b) that they form a single object, or that their separation would impair their nature

 Kinds:

a. inclusion or engraftment

b. soldadura or soldering

c. escritura or writing

d. pintura or painting

e. tejido or weaving

 Tests to determine principal:

a. the “rule of importance and purpose

b. that of greater value

c. that of greater volume

d. that of greater merits

 Rules:

a) Adjunction in good faith by either owner:

GENERAL RULE: accessory follows the principal.

EXCEPTIONS if the accessory is much more precious than the principal, the owner of the
accessory may demand the separation even if the principal suffers some injury

b) Adjunction in bad faith by the owner of the principal

 option of the owner of the accessory:

i) to recover the value plus damages

ii) to demand separation plus damages

c) Adjunction in bad faith by the owner of the accessory

i) he loses the accessory

ii) he is liable for damages

 When separation of things allowed:

a. separation without injury

 b. accessory is more precious than the principal

c. owner of the principal acted in bad faith

2. Mixture

 Union of materials where the components lose their identity.

 Kinds:

a. Commixtion – mixture of solids

b. Confusion – mixture of liquids

 Rules:

a. By the will of both owners or by accident: each owner acquires an interest in proportion
to the value of his material

b. By one owner in good faith: apply rule(a)

c. By one owner in bad faith:

i) he loses all his rights to his own material

ii) he is liable for damages

3. Specification

 It is the transformation of another’s material by the application of labor. The material

becomes a thing of different kind.

 Labor is the principal

 Rules:

a) Owner of the principal (worker) in good faith:

i) maker acquires the new thing

ii) he must indemnify the owner of the material

EXCEPTION: if the material is more valuable than the resulting thing, the owner of the
material has the option:

1) to acquire the work, indemnifying for the labor, or

2) to demand indemnity for the material

 b) owner of the principal (worker) in bad faith: the owner of the material has the option:

i) to acquire the result without indemnity

ii) to demand indemnity for the material plus damages

c) Owner of the material in bad faith

i) he loses the material

ii) he is liable for damages

Adjunction Mixture Specification

1. Involves at Involves at May involve
least 2 things least 2 one thing (or
things more) but
form is
changed
2. Accessory Co- Accessory
follows the ownership follows the
principal results principal
3. Things Things The new
joined retain mixed or object retains
their nature confused or preserves
may either the nature of
retain or the original
lose their object.
respective
natures

QUIETING OF TITLE

 It is an equitable action in rem to determine the condition of the ownership or the rights to
immovable property, and remove doubts thereon.

 Requisites:

1. plaintiff must have a legal or equitable title to, or interest in the real property which is the
subject matter of the action;

2. there must be a cloud in such title;

3. such cloud must be due to some instrument, record, claim, encumbrance or proceeding which
is apparently valid but is in truth invalid, ineffective, voidable or unenforceable, and is
prejudicial to the plaintiff’s title; and

4. plaintiff must return to the defendant all benefits he may have received from the latter, or
reimburse him for expenses that may have redounded to his benefit.
  Prescriptive Period:

1. plaintiff in possession – imprescriptible

2. plaintiff not in possession – 10 (ordinary) or 30 years (extraordinary)

Action to quiet
Action to
title
remove a cloud
on title
PURPOSE
to put an end to to remove a
troublesome possible foundation
litigation in respect for a future hostile
to the property claim
involved
NATURE OF THE ACTION
remedial action Preventive action
involving a present to prevent a future
adverse claim cloud on the title

 The action to quiet title does not apply:

a) to questions involving interpretation of documents

b) to mere written or oral assertions of claims; EXCEPT:

i) if made in a legal proceeding

ii) if it is being asserted that the instrument or entry in plaintiff’s favor is not what it
purports to be

c) to boundary disputes

d) to deeds by strangers to the title UNLESS purporting to convey the property of the plaintiff

e) to instruments invalid on their face

f) where the validity of the instrument involves pure questions of law

Ruinous Buildings and Trees in Danger of Falling:

 As to buildings – the owners is obliged to demolish or execute necessary work to prevent the
building from falling. Should he fail to do so, the authorities shall order its demolition at the
expense of the owner, or take measures to insure public safety.
  The complainant must show that his property is adjacent to the dangerous construction, or
must have to pass by necessity in the immediate vicinity.

 The owner is responsible for damages to others due to lack of necessary repairs. However, if
the damage is caused by defects in the construction, then the builder is responsible for the
damages.

CO-OWNERSHIP

 Definition: the right of common dominion which two or more persons have in a spiritual part
of a thing which is not physically divided.

 Concept: co-ownership exists where the ownership of a thing physically undivided pertains to
more than one person.

 Characteristics:

a) plurality of subjects (the co-owners)

b) there is a single object which is not materially divided

c) there is no mutual representation by the co-owners

d) it exist for the common enjoyment of the co-owners

e) it has no distinct legal personality

f) it is governed first of all by the contract of the parties; otherwise, by special legal
provisions, and in default of such provisions, by the provisions of Title III on co-ownership

 Sources:

1. Law

2. Contract

3. Chance

4. Occupation

5. Succession

6. Testamentary disposition or donation inter vivos

Co-ownership Partnership
1. Can be created 1. Can be created
without the only by contract,
formalities of a express or implied
contract
2. Has no juridical or 2. Has juridical
legal personality personality distinct
from the partners
3. Purpose is 3. Purpose is to
collective enjoyment obtain profits
of the thing
4. Co-owner can 4. A partner, unless
dispose of his shares authorized cannot
without the consent dispose of his share
of the others with the and substitute
another as a partner
transferee in his place
automatically
becoming a co-owner
5. There is no mutual 5. A partner can
representation generally bind the
partnership
6. Distribution of 6. Distribution of
profits must be profits is subject to
proportional to the the stipulation of the
respective interests parties
of the co-owners
7. A co-ownership is 7. Death or incapacity
not dissolved by the dissolves the
death or partnership
incapacity of a co-
owner
8. no public 8. May be made in any
instrument needed form except when
even if real property real property is
is the object of the contributed
co-ownership
9. An agreement to 9. There may be
keep the thing agreement as to a
undivided for a period definite term without
of more than 10 years limit set by law
is void

 Rules:

1. Rights of each co-owner as to the thing owned in common: USBRAP-LDP

a) To use the thing owned in common

 Limitations:

i) use according to the purpose for which it was intended

ii) interest of the co-ownership must not be prejudiced

iii) other co-owners must not be prevented from using it according to their own rights
 b) To share in the benefits and charges in proportion to the interest of each.

NOTE: Any stipulation to the contrary is void.

c) To the benefits of prescription: prescription by one co-owner benefits all.

d) Repairs and taxes: to compel the others to share in the expenses of preservation even if
incurred without prior notice.

NOTE: The co-owner being compelled may exempt himself from the payment of taxes and
expenses by renouncing his share equivalent to such taxes and expenses. The value of the
property at the time of the renunciation will be the basis of the portion to be renounced.

e) Alterations: to oppose alterations made without the consent of all, even if beneficial.

NOTES:

 Alteration is an act by virtue of which a co-owner changes the thing from the state in
which the others believe it should remain, or withdraws it from the use to which they desire
it to be intended.

 Expenses to improve or embellish are decided by the majority

f) To protest against seriously prejudicial decisions of the majority

g) Legal redemption: to be exercised within 30 days from written notice of sale of an

undivided share of another co-owner to a stranger

h) To defend the co-ownership’s interest in court

i) To demand partition at any time

 Partition is the division between 2 or more persons of real or personal property which
they own in common so that each may enjoy and possess his sole estate to the exclusion of
and without interference from others

GENERAL RULE: Partition is demandable by any of the co-owners as a matter of right at any
time.

EXCEPTIONS:

1) When there is a stipulation against it; but not to exceed 10 years.

2) When the condition of indivision is imposed by the donor or testator; but not to
exceed 20 years.

3) When the legal nature of the community prevents partition.

4) When partition would render the thing unserviceable.

5) When partition is prohibited by law

6) When another co-owner has possessed the property as exclusive owner for a period
sufficient to acquire it by prescription.
 2. The following questions are governed by the majority of interests:

a) Management

 Minority may appeal to the court against the majority’s decision if the same is seriously
prejudicial.

b) Enjoyment

c) Improvement or embellishment

3. Rights as to the ideal share of each co-owner:

a) Each has full ownership of his part and of his share of the fruits and benefits

b) Right to substitute another person its enjoyment, EXCEPT when personal rights are involved

c) Right to alienate, dispose or encumber

d) Right to renounce part of his interest to reimburse necessary expenses incurred by another
co-owner

e) Transactions entered into by each co-owner only affect his ideal share.

EXTINGUISHMENT OF CO-OWNERSHIP (CALSTEP)

1. consolidation or merger in one co-owner

2. acquisitive prescription in favor of a third person or a co-owner who repudiates the co-
ownership

3. loss or destruction of property co-owned

4. sale of property co-owned

5. termination of period agreed upon by the co-owners

6. expropriation

7. judicial or extra-judicial partition

CONDOMINIUM ACT (R.A. NO. 4726)

CONDOMINIUM

 an interest in real property consisting of a separate interest in a unit in a residential, industrial

or commercial building and an undivided interest in common, directly or indirectly, in the land
on which it is located and in other common areas of the building.
  Any transfer or conveyance of a unit or an apartment, office or store or other space therein,
shall include transfer or conveyance of the undivided interest in the common areas or, in a proper
case, the membership or shareholdings in the condominium corporation: provided, however, that
where the common areas in the condominium project are held by the owners of separate units
as co-owners thereof, no condominium unit therein shall be conveyed or transferred to persons
other than Filipino citizens or corporations at least 60% of the capital stock of which belong to
Filipino citizens, except in cases of hereditary succession.

GENERAL RULE: Common areas shall remain undivided, and there shall be no judicial partition
thereof:

EXCEPTIONS:

1. When the project has not been rebuilt or repaired substantially to its state prior to its damage
or destruction 3 years after damage or destruction which rendered a material part thereof unfit
for use;

2. When damage or destruction has rendered ½ or more of the units untenantable and that the
condominium owners holding more than 30% interest in the common areas are opposed to
restoration of the projects;

3. When the project has been in existence for more than 50 years, that it is obsolete and
uneconomic, and the condominium owners holding in aggregate more than 50% interest in the
common areas are opposed to restoration, remodeling or modernizing;

4. When the project or a material part thereof has been condemned or expropriated and the
project is no longer viable, or that the condominium owners holding in aggregate more than 70%
interest in the common areas are opposed to the continuation of the condominium regime;

5. When conditions for partition by sale set forth in the declaration of restrictions duly registered
have been met.

WATERS

 Classification

a) Waters public per se (water is the principal; the bed follows the character of the water (See
Arts. 502 [1] and 502 [2])

b) Waters public or private according to their bed (water is accessory to bed)

c) Waters public by special provision

POSSESSION

 Concept: the material holding or control of a thing or the enjoyment of a right.

 Requisites:
 1. occupancy, apprehension, or taking

2. deliberate intention to possess

3. by virtue of ones own right

 Degrees:

1. possession without any title whatsoever

2. possession with juridical title

3. possession with just title sufficient to transfer ownership

4. possession with a title in fee simple

 Classes:

a) In one’s own name – where possessor claims the thing for himself

b) In the name of another – for whom the thing is held by the possessor

c) In the concept of owner – possessor of the thing or right , by his actions, is considered or is
believed by other people as the owner, regardless of the good or bad faith of the possessor

d) In the concept of holder – possessor holds it merely to keep or enjoy it, the ownership
pertaining to another person; possessor acknowledges in another a superior right which he
believes to be ownership.

NOTE: None of these holders assert a claim of ownership in himself over the thing but they may be
considered as possessors in the concept of owner, or under claim of ownership, with respect to the
right they respectively exercise over the thing.

e) In good faith – possessor is not aware that there is in his title or mode of acquisition a defect
that invalidates it

 Requisites:

1. Ostensible title or mode of acquisition

2. Vice or defect in the title

3. Possessor is ignorant of the vice or defect and must have an honest belief that the
thing belongs to him

NOTE: Gross and inexcusable ignorance of the law may not be the basis of good faith, but possible,
excusable ignorance may be such basis. (Kasilag vs Roque, 69 PHIL 217)

f) In bad faith – possessor is aware of the invalidating defect in his own title.

NOTES:
  Only personal knowledge of the flaw in one’s title or mode of acquisition can make him a
possessor in bad faith. It is not transmissible even to an heir.

 Possession in good faith ceases from the moment defects in his title are made known to the
possessor. This interruption of good faith may take place at the date of summons or that of the
answer if the date of summons does not appear. However, there is a contrary view that the date
of summons may be insufficient to convince the possessor that his title is defective.

 Presumptions in favor of possessor:

1. of good faith

2. of continuity of initial good faith

3. of enjoyment in the same character in which possession was acquired until the contrary is
proved

4. of non-interruption in favor of the present possessor

5. of continuous possession by the one who recovers possession of which he was wrongfully
deprived

6. of extension of possession of real property to all movables contained therein

 Object of possession:

GENERAL RULE: All things and rights susceptible of being appropriated

EXCEPTIONS:

1. Res communes

2. Property of public dominion

3. Discontinuous servitudes

4. Non-apparent servitudes

Acquisition of possession:

 Manner

1. Material occupancy of the thing

2. Subjection to the action of our will

3. Proper acts and legal formalities established for acquiring such right.

Conflicts between several claimants:

GENERAL RULE: Possession cannot be recognized in two different personalities except in case of
co-possession when there is no conflict

 Criteria in case of dispute:

1. present/actual possessor shall be preferred

2. if there are two possessors, the one longer in possession

3. if the dates of possession are the same, the one with a title

4. if all the above are equal, the fact of possession shall be judicially determined, and in the
meantime, the thing shall be placed in judicial deposit

Subject Possessor in Possessor in

good faith bad faith
a. Fruits a. to possessor a. to owner
gathered

b. b. not b. reimbursed
Cultivation reimbursed to to possessor
Expenses of possessor
gathered
fruits
c. Fruits c. prorated c. to owner
pending and according to
charges time
d. d. indemnity d. no
Production pro rata to indemnity
expenses of possessor
pending (owner’s
fruits option)

i. in money,
or

ii. by
allowing full
cultivation
and
gathering of
all fruits
e. Necessary e. reimbursed e. reimbursed
expenses to possessor; to possessor;
retention no retention
f.. Useful f. reimbursed f. no
expenses to possessor reimbursement
(owner’s
option)

i. initial cost

ii. plus value

 may remove
if no
reimburse-
 ment, and no
damage is
caused to the
principal by
the removal
g. Ornamen- g. reimburse- g. owner’s
tal expenses ment at option:
owner’s
option: i. removal, or

i. removal if ii. value at

no injury, or time of
recovery
ii. cost
without
removal
h. Taxes and h. taxes and h. taxes and
charges charges charges

i. on capital i. charged to i. charged to

owner owner

ii. charged to ii. charged to

ii. on fruits possessor owner

iii. prorated iii. to owner

iii. charges
i. Improve- i. no i. no
ments no reimburse- reimburse-
longer ment ment
existing
j. Liability j. only if acting j. liable in
for with every case
accidental fraudulent
loss or intent or
deterioration negligence,
after summons
k. Improve- k. to owner k. to owner
ments due or lawful or lawful
to time or possessor possessor
nature

Possession of movables

 Possession of movables in good faith is equivalent to title.

 Requisites:

a) possession is in good faith

b) the owner has voluntarily parted with the possession of the thing

c) possessor is in the concept of owner

One who has lost or has been unlawfully deprived of it , may recover it from whomsoever
possesses it, ordinarily, without reimbursement.
  Doctrines:

a) owner of the thing must prove (1) ownership of the thing and (2) loss or unlawful deprivation;
or bad faith of the possessor

b) Where the owner acts negligently or voluntarily parts with the thing owned, he cannot
recover it from the possessor

c) The owner may recover the movable in case of loss or involuntary deprivation; but must
reimburse the price paid if possessor acquired the thing in good faith and at a public sale.

Loss of possession:

1. By the will of the possessor

a) Abandonment

b) Transfer or conveyance

2. Against the will of the possessor

a) Eminent domain

b) Acquisitive prescription

c) Judicial decree in favor of better right

d) Possession of another for more than one year

NOTE: this refers to possession de facto where the possessor loses the right to a summary action;
but he may still bring action publiciana or reivindicatoria

e) By reason of the object

i. destruction or total loss of the things

ii. withdrawal from commerce

USUFRUCT

 gives a right to enjoy the property of another with the obligation of preserving its form and
substance, unless the title constituting it or the law otherwise provides.

 Characteristics:

a. Real right
 b. Of temporary duration

c. To derive all advantages from the thing due to normal exploitation

d. may be constituted on real or personal property, consumable or non-consumable, tangible

or intangible, the ownership of which is vested in another

e. transmissible

GENERAL RULE: Usufructuary is bound to preserve the form and substance of the thing in usufruct.

EXCEPTION: Abnormal usufruct whereby the law or the will of the parties may allow the
modification of the substance of the thing.

Usufruct Lease
1. Always a real 1.Generally a
right personal right
2. Person creating 2. Lessor may not
the usufruct should be the owner
be the owner or his
duly authorized
agent
3. May be created 3.Generally created
by law, by contract, by contract
by will of the
testator, or by
prescription
4. As a rule, 4.Lease generally
usufruct covers all refers to uses only
the fruits and all
the uses and
benefits of the
entire property
5. Involves a more 5. Lease involves a
or less passive more active owner
owner who allows or lessor who makes
the usufructuary to the lessee to enjoy
enjoy the object
given in usufruct
6. Pays for ordinary 6.Lessee is not
repairs and taxes on generally under
the fruits obligation to
undertake repairs
or pay taxes

Special Usufructs

a) of pension or income (Art 570)

b) of property owned in common (Art. 582)

c) of cattle (livestock) (Art. 591)

 d) on vineyards and woodlands (Art. 575-576)

e) on a right of action (Art. 578)

f) on mortgaged property (Art. 600)

g) over the entire patrimony (Art. 598)

h) over things which gradually deteriorate (Art. 573)

i) of consumable property (Art 574)

Rights of the Usufructuary

1. As to the thing and its fruits

a. To receive and benefit from the fruits

b. To enjoy any increase through accessions and servitudes

c. To the half of the hidden treasure he accidentally finds

d. To lease the thing, generally, for the same or shorter period as the usufruct.

e. To improve the thing without altering its form and substance

f. Right to set-off the improvements he may have made on the property against any
damage to the same

g. To retain the thing until he is reimbursed for advances for extraordinary expenses and
taxes on the capital

h. To collect reimbursements from the owner for indispensable extraordinary repairs,

taxes on the capital he advanced, and damages caused to him.

9. To remove improvements made by him if the same will not injure the property

2. As to the usufruct itself

a. To mortgage the right of usufruct except parental usufruct

b. To alienate the usufruct

Obligations of the usufructuary:

1. Before exercising the usufruct:

a. To make an inventory of the property

b. To give a bond, EXCEPT

 1) when no prejudice would result

2) when the usufruct is reserved by the donor or parents

3) in cases of caucion juratoria where the usufructuary, being unable to file the
required bond or security, files a verified petition in the proper court asking for the
delivery of the house and furniture necessary for himself and his family without any bond
or security.

 takes an oath to take care of the things and restore them

 property cannot be alienated or encumbered or leased because this would mean

that the usufructuary does not need it.

NOTE: Effects of failure to post bond:

1. owner shall have the following options:

a. receivership of realty, sale of movables, deposit of securities, or investment of money;

OR

b. retention of the property as administrator

2. the net product shall be delivered to the usufructuary

3. usufructuary cannot collect credits due or make investments of the capital without the
consent of the owner or of the court until the bond is given.

2. During the usufruct:

a. To take care of the property

b. To replace with the young thereof animals that die or are lost in certain cases when the
usufruct is constituted on flock or herd of livestock

c. To make ordinary repairs

d. To notify the owner of urgent extra-ordinary repairs

e. To permit works and improvements by the naked owner not prejudicial to the usufruct

f. To pay annual taxes and charges on the fruits

g. To pay interest on taxes on capital paid by the naked owner

h. To pay debts when the usufruct is constituted on the whole patrimony

i. To secure the naked owner’s or court’s approval to collect credits in certain cases

j. To notify the owner of any prejudicial act committed by third persons

 k. To pay for court expenses and costs regarding usufruct.

3. At the termination of the usufruct:

1. To return the thing in usufruct to the owner unless there is a right of retention
2. To pay legal interest on the amount spent by the owner for extraordinary repairs or taxes on
the capital
3. To indemnify the owner for any losses due to his negligence or of his transferees

Extinguishment of Usufruct: (PT2DERM)

1. Prescription

2. Termination of right of the person constituting the usufruct

3. Total loss of the thing

4. Death of the usufructuary, unless contrary intention appears

5. Expiration of the period or fulfillment of the resolutory condition

6. Renunciation of the usufructuary

7. Merger of the usufruct and ownership in the same person

EASEMENT OR SERVITUDE

 Encumbrance imposed upon an immovable for the benefit of a community or one or more
persons or for the benefit of another immovable belonging to a different owner.

 Concept: it is a real right, constituted on the corporeal immovable property of another, by

virtue of which the owner of the latter has to refrain from doing or must allow something to be
done on his property, for the benefit of another person or tenement.

 Characteristics:

a) It is a real right but will affect third persons only when duly registered

b) It is enjoyed over another immovable, never on one’s own property

c) It involves two neighboring estates (in case of real easements)

d) It is inseparable from the estate to which it is attached, and, therefore, cannot be alienated
independently of the estate
e) It is indivisible for it is not affected by the division of the estate between two or more persons

f) It is a right limited by the needs of the dominant owner or estate, without possession

g) It cannot consist in the doing of an act unless the act is accessory in relation to a real easement

h) It is a limitation on the servient owner’s rights of ownership for the benefit of the dominant
owner; and, therefore, it is not presumed

 Classification:

1. As to its exercise:

a)Continuous Easements – those the use of which is, or may be, incessant without the
intervention of any act of man

b) Discontinuous Easements – those which are used at intervals and depend upon the acts of
man

2. As to the indication of their existence:

a) Apparent Easements – those which are made known and are continually kept in view by
external signs that reveal the use and enjoyment of the same

b) Non-apparent Easements – those which show no external indication of their existence

3. As to duty of servient owner

a) Positive – the servient owner must allow something to be done in his property or do it
himself. These are called servitudes of intrusion and or/service”

b) Negative – the servient owner must refrain from doing something which he could lawfully
do if the easement did not exist

Easement Lease
1. Real right, Real right only when
whether registered it is registered, or
or not when its subject
matter is real
property and the
duration exceeds
one year
2. Imposed only on May involve either
real property real or personal
3. There is a limited Limited right to both
right to the use of the possession and
real property of use of another’s
another but without property
 the right of
possession

Easement Usufruct
1. Imposed only on May involve either
real property real or personal
property
2. Limited to Includes all the uses
particular or specific and the fruits of the
use of the servient property
estate
3. A non-possessory Involves a right of
right over an possession in an
immovable immovable or
immovable
4. Not extinguished Extinguished by the
by the death of the death of the
dominant owner usufructuary

 Modes of Acquisition: (PDFAT)

1. by prescription of 10 years (continuous and apparent easements)

2. by deed of recognition
3. by final judgment
4. by apparent sign established by the owner of two adjoining estates
5. by title

Dominant Owner

 Rights

1. To exercise all the rights necessary for the use of the easement
2. To make on the servient estate all the works necessary for the use and preservation of the
servitude
3. To renounce the easement if he desires to exempt himself from contribution to necessary
expenses
4. To ask for mandatory injunction to prevent impairment of his use of the easement

 Obligations:

1. Cannot render the easement or render it more burdensome

2. Notify the servient owner of works necessary for the use and preservation of the servitude
3. Choose the most convenient time and manner in making the necessary works as to cause the
least inconvenience to the servient owner
4. Contribute to the necessary expenses if there are several dominant estates
Servient Owner

 Rights:

1. To retain ownership and possession of the servient estate

2. To make use of the easement, unless there is agreement to the contrary
3. To change the place or manner of the easement, provided it be equally convenient

 Obligations:

1. Cannot impair the use of the easement

2. Contribute to the necessary expenses in case he uses the easement, unless there is an
agreement to the contrary

Extinguishment of Easements:

(REMAIN BREW)

1. Redemption agreed upon

2. Expiration of the term or fulfillment of the resolutory condition
3. Merger of ownership of the dominant and servient estate
4. Annulment of the title to the servitude
5. Permanent Impossibility to use the easement
6. Non-user for 10 years

a. discontinuous: counted from the day they ceased to be used

b. continuous: counted from the day an act adverse to the exercise takes place

7. Bad condition - when either or both estates fall into such a condition that the easement
could not be used
8. Resolution of the right to create the servitude, i.e. in case of pacto de retro, when the
property is redeemed
9. Expropriation of the servient estate
10. Waiver by the dominant owner

EASEMENT FOR WATERING CATTLE

 This is really a combined easement for drawing of water and right of way

 Requisites:

a) must be imposed for reasons of public use

b) must be in favor of a town or village

c) indemnity must be paid

EASEMENT OF AQUEDUCT

 The right arising from a forced easement by virtue of which the owner of an estate who desires
to avail himself of water for the use of said estate may make such waters pass through the
intermediate estate with the obligation of indemnifying the owner of the same and also the owner
of the estate to which the water may filter or flow.

 Character: apparent and continuous

 Requisites:

a) dominant owner must prove that he has the capacity to dispose of the water

b) that the water is sufficient for the intended use

c) that the course is most convenient, and least onerous to the 3rd person

d) payment of indemnity

RIGHT OF WAY

 The right granted to the owner of an estate which is surrounded by other estates belonging to
other persons and without an adequate outlet to a public highway to demand that he be allowed
a passageway throughout such neighboring estates after payment of proper indemnity

 Requisites:

1. Claimant must be an owner of enclosed immovable or one with real right

2. There must be no adequate outlet to a public highway
3. Right of way must be absolutely necessary
4. Isolation must not be due to the claimant’s own act
5. Easement must be established at the point least prejudicial to the servient estate
6. Payment of proper indemnity

 it is the needs of the dominant property which ultimately determine the width of the passage,
and these needs may vary from time to time (Encarnacion vs. CA, 195 SCRA 72).

 Special cause of extinction: the opening of a public road, or joining the dominant tenement
to another with exit on a public road.

NOTE: the extinction in NOT automatic. There must be a demand for extinction coupled with
tender of indemnity by the servient owner.

PARTY WALL

 a common wall which separates 2 estates built by common agreement at the dividing line
such that it occupies a portion of both estates on equal parts.

Party Wall Co-ownership

1. Shares of parties Shares of the co-
cannot be physically owners can be
segregated but they divided and
can be physically separated physically
identified but before such
division, a co-owner
cannot point to any
definite portion of
the property as
belonging to him
2. No limitation as None of the co-
to use of the party owners may use the
wall for exclusive community property
benefit of a party for his exclusive
benefit
3. Owner may free Partial renunciation
himself from is allowed
contributing to the
cost of repairs and
construction of a
party wall by
renouncing all his
rights thereto

 Presumptions of existence (juris tantum):

1. in adjoining walls of buildings, up to common elevation

2. in dividing walls of gardens and yards (urban)
3. in dividing fences, walls and live hedges of rural tenements
4. in ditches or drains between tenements

 Rebuttal of presumption:

1. title
2. by contrary proof:
3. by signs contrary to the existence of the servitude (Arts. 660 & 661)

NOTE: if the signs are contradictory, they cancel each other

 Rights of part owners:

1. to make use of the wall in proportion to their respective interests, resting buildings on it or
inserting beams up to one-half of the wall’s thickness
2. to increase the height of the wall

a. at his expense

b. upon payment of proper indemnity

c. to acquire half interest in any increase of thickness or height, paying a proportionate

share in the cost of the work and of the land covered by the increase
  Obligations of each part-owners:

1. to contribute proportionately to the repair and maintenance unless he renounces his part-
ownership
2. if one part owner raises the height of the wall, he must:

a. bear the cost of maintenance of the additions

b. bear the increased expenses of preservation

c. bear the cost of construction

d. give additional land, if necessary, to thicken the wall

LIGHT AND VIEW

1. Easement of Light (jus luminum) - right to admit light from the neighboring estate by virtue
of the opening of a window or the making of certain openings.

 Requisites:

1. opening must not be greater than 30 centimeters squared, made on the ceiling or on the wall;
and
2. there must be an iron grating

2. Easement of view (jus prospectus) – the right to make openings or windows, to enjoy the
view through the estate of another and the power to prevent all constructions or work which
would obstruct such view or make the same difficult. It necessarily includes easement of light

Restrictions on openings in one’s own wall when contiguous (less than 2m) to another’s tenement:

1. it cannot exceed 1 foot sq. (30 cm each side)

2. openings must be at the height of the joists, near the ceiling (Choco vs. Santamaria, 21 Phil
132)

3. the abutting owner may:

a. close the openings if the wall becomes a party wall

b. block the light by building or erecting his own wall unless a servitude is acquired by
title or prescription

c. ask for the reduction of the opening to the proper size

Restrictions as to views
 1. Direct views: the distance of 2 METERS between the wall and the boundary must be observed

2. Oblique views: (walls perpendicular or at an angle to the boundary line) must not be less than
60cm from the boundary line to the nearest edge of the window

NOTE: Any stipulation permitting lesser distances is void.

Modes of acquisition

1. by title

2. by prescription

1. positive – counted from the time of the opening of the window, if it is through a party wall
2. negative – counted from the formal prohibition on the servient owner.

NOTE: mere non-observance of distances prescribed by Art. 670 without formal prohibition, does not
give rise to prescription

VOLUNTARY EASEMENTS

 Constituted by the will of the parties or of a testator.

 The owner possessing capacity to encumber property may constitute voluntary servitude. If
there are various owners, ALL must consent; but consent once given is not revocable

 Voluntary easements are established in favor of:

1. predial servitudes:

a. for the owner of the dominant estate

b. for any other person having any juridical relation with the dominant estate, if the
owner ratifies it.

2. personal servitudes: for anyone capacitated to accept.

NUISANCE

 Any act, omission, establishment, business or condition of property or anything else

which: (ISAHO)

1. Injures/endangers the health or safety of others;

2. Shocks, defies or disregards decency or morality;
3. Annoys or offends the senses;
4. Hinders or impairs the use of property; or
5. Obstructs or interferes with the free passage to any public highway or street, or body of
water.
  Classes:

1. Per se – nuisance at all times and under all circumstances regardless of location and
surrounding.
2. Per accidens – nuisance by reason of circumstances, location, or surroundings.
3. Public – affects the community or a considerable number of persons.
4. Private – affects only a person or a small number of persons.

Doctrine of Attractive Nuisance:

 One who maintains on his premises dangerous instrumentalities or appliances of a character

likely to attract children in play and who fails to exercise ordinary care to prevent children from
playing therewith or resorting thereto is liable to a child of tender years who is injured thereby,
even if the child is technically a trespasser in the premises.

Remedies against public nuisance: (PCE)

1. Prosecution under the RPC or local ordinance

2. Civil Action
3. Extrajudicial Abatement

Remedies against private nuisance: (CE)

1. Civil Action
2. Extrajudicial Abatement

Extrajudicial Abatement

 Requisites:

1. nuisance must be specially injurious to the person affected;

2. no breach of peace or unnecessary injury must be committed;
3. prior demand;
4. prior demand has been rejected;
5. approval by district health officer and assistance of local police; and
6. value of destruction does not exceed P3,000.

THEORY OF MODE AND TITLE

 MODE is the specific cause which gives rise to them, as the result of the presence of a special
condition of things, of the aptitude and intent of persons, and of compliance with the conditions
established by law. This is the proximate cause of the acquisition.
  TITLE is the juridical justification for the acquisition or a transfer of ownership or other real
right. This is the remote cause of the acquisition.

DIFFERENT MODES (and TITLES) of ACQUIRING OWNERSHIP

Modes of Titles of
acquiring acquiring
ownership ownership
A. Original Modes
1. Occupation 1. Condition of
being without
known owner
2. Work which 2. Creation,
includes discovery or
Intellectual invention
creation
B. Derivative modes
3. Law 3. Existence of
required
conditions
4. Tradition 4. Contract of the
parties
5. Donation 5. Contract of the
parties
6. Prescription 6. Possession in
the concept of
owner
7. Succession 7. Death

OCCUPATION

 a mode of acquiring ownership by the seizure of things corporeal which have no owner, with
the intention of acquiring them, and according the rules laid down by law.

 Requisites:

1. there must be seizure of a thing

 2. the thing seized must be corporeal personal property
3. the thing must be susceptible of appropriation by nature
4. the thing must be without an owner
5. there must be an intention to appropriate

 Specific instances:

1. hunting and fishing

2. finding of movables which do not have an owner
3. finding of abandoned movables
4. finding of hidden treasure

5. catching of swarm of bees that has escaped from its owner, under certain conditions
6. catching of domesticated animals that have escaped from their owners, under certain
conditions
7. catching of pigeons without fraud or artifice
8. transfer of fish to another breeding place without fraud or artifice

TRADITION/DELIVERY

 a mode of acquiring ownership as a consequence of certain contracts, by virtue of which, the

object is placed in the control and possession of the transferee, actually or constructively.

 Kinds:

1. Real Tradition - actual delivery

2. Constructive Tradition

a. traditio symbolica – parties make use of a token or symbol to represent the thing
delivered

b. traditio longa manu – by mere consent of the parties if the thing sold cannot be
transferred to the possession of the vendee at the time of the sale

c. traditio brevi manu – when the vendee already has possession of the thing sold by
virtue of another title
 d. traditio constitutum possessorium – when the vendor continues in possession of the
thing sold not as owner but in some other capacity

3. Quasi-tradition – exercise of the right of the grantee with the consent of the grantor

4. Tradicion por ministerio de la ley – delivery by operation of law

6. Tradition by public instrument

 Requisites:

1. right transmitted should have previously existed in the patrimony of the grantor

2. transmission should be by just title

3. grantor and grantee should have intention and capacity to transmit and acquire
4. transmission should be manifested by some act which should be physical, symbolical or legal

DONATION

 an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another
who accepts it

 Requisites: CIDA

1. donor must have capacity to make the donation

2. he must have donative intent (animus donandi)
3. there must be delivery
4. donee must accept or consent to the donation

 Essential features/elements of a true donation:

a) Alienation of property by the donor during his lifetime, which is accepted

b) Irrevocability by the donor

c) Intention to benefit the donee (animus donandi)

d) Consequent impoverishment of the donor (diminution of his assets)

 Classification:

1. As to effectivity:
 1. inter vivos
2. mortis causa
3. propter nuptias

2. As to perfection/extinguishment:

1. pure
2. with a condition
3. with a term

3. As to consideration:

1. simple - gratuitous
2. remuneratory or compensatory – made on account of donee’s merits
3. modal – imposes upon the donee a burden which is less than the value of the thing donated

Donation Inter Donation Mortis

Vivos Causa
1. Takes effect Takes effect upon the
independently of death of the donor
the donor’s death

2. Title conveyed to Title conveyed upon

the donee before donor’s death
the donor’s death

3. Valid if donor Void if donor survives

survives donee donee
4. Generally irrevo- Always revocable
cable during
donor’s lifetime
5. Must comply with Must comply with the
the formalities formalities required
required by Arts. by law for the
748 and 749 of the execution
Code
Of wills

Donations prohibited by law:

1. Made by persons guilty of adultery or concubinage at the time of donation;

2. Made between persons found guilty of the same criminal offense in consideration thereof;

3. Made to a public officer or his/her spouse, descendants or ascendants in consideration of

his/her office;

4. Made to the priest who heard the confession of the donor during the latter’s last illness, or
the minister of the gospel who extended spiritual aid to him during the same period;
 5. Made to relatives of such priest, etc. within the 4 th degree, or to the church to which such
priest belongs;

6. Made by a ward to the guardian before the approval of accounts;

7. Made to an attesting witness to the execution of donation, if there is any, or to the spouse,
parents, or children, or anyone claiming under them.

8. Made to a physician, surgeon, nurse, health officer or druggist who took care of the donor
during his/her last illness;

9. Made by individuals, associations or corporations not permitted by law to make donations;

and

10. Made by spouses to each other during the marriage or to persons of whom the other spouse
is a presumptive heir.

Forms of donations:

1. Donations of movable property:

a. With simultaneous delivery of property donated:

i.it may be oral/written – P5,000 or less;

ii.if value exceeds P5,000 – written in public or private document

b. Without simultaneous delivery:

 the donation and acceptance must be written in a public or private instrument,

regardless of value

2. Donation of immovable property:

1. must be in a public instrument specifying the property donated and the burdens assumed by
donee, regardless of value
2. acceptance must be either:

i. in the same instrument; or

ii. in another public instrument, notified to the donor in authentic form, and
noted in both deeds

NOTE: Expression of gratitude to the donor without express acceptance was held a sufficient
acceptance (Cuevas vs Cuevas)

LIMITATIONS ON DONATION OF PROPERTY

1. Future property cannot be donated.

 2. Present property that can be donated:

a) if the donor has forced heirs: he cannot give or receive by donation more than he can
give of receive by will

b) if the donor has no forced heirs: donation may include all present property provided he
reserves in full ownership or in usufruct:

1) the amount necessary to support him, and

2) those relatives entitled to support from him

3) property sufficient to pay the donor’s debt contracted prior to the donation.

3. Donation should not prejudice creditors

4. Donee must reserve sufficient means for his support and for his relatives which are entitled
to be supported by him.

EFFECTS OF DONATION

1. donee may demand the delivery of the thing donated

2. donee is subrogated to the rights of the donor in the property

3. in donations propter nuptias, the donor must release the property from encumbrances, except
servitudes

4. donor’s warranty exists if

1. expressed
2. donation is propter nuptias
3. donation is onerous
4. donor is in bad faith

5. when the donation is made to several donees jointly, they are entitled to equal portions,
without accretion, unless the contrary is stipulated

Payment of the donor’s debt by the donee

1. If there is express stipulation: the donee is to pay only debts contracted before the donation,
if not otherwise specified; but the donee answers only up to the value of the property donated,
if no stipulation is made to the contrary

2. If there is no stipulation: the donee is answerable for the debts of the donor only in case of
fraud against creditors.

ACTS OF INGRATITUDE
 1. If the donee should commit some offense against the person, honor or property of the donor,
or of his wife or children under his parental authority

2. If the donee imputes to the donor any criminal offense, or any act involving moral turpitude,
even though he should prove it, unless the crime or act has been committed against the donee
himself, his wife or children under his authority

3. Refusal to support the donor

PRESCRIPTION

 Kinds:

1. Acquisitive prescription - one acquires ownership and other real rights through the lapse of
time in the manner and under the conditions laid down by law.

1. Ordinary acquisitive prescription: requires possession of things in good faith and with just
title for the time fixed by law
2. Extraordinary acquisitive prescription: acquisition of ownership and other real rights
without need of title or of good faith or any other condition

 Requisites:

1) capacity to acquire by prescription

2) a thing capable of acquisition by prescription

3) possession of thing under certain conditions

4) lapse of time provided by law

2. Extinctive Prescription – rights and actions are lost through the lapse of time in the manner
and under the conditions laid down by law.

Acquisitive Extinctive
prescription prescription
1. relationship 1. one does not look
between the to the act of the
occupant and the possessor but to the
land in terms of neglect of the owner
possession is capable
of producing legal
consequences; it is
the possessor who is
the actor
2. requires possession 2. requires inaction
by a claimant who is of the owner or
not the owner neglect of one with a
right to bring his
action
 3. applicable to 3. applies to all kinds
ownership and other of rights, whether
real rights real or personal
4. vests ownership or 4. produces the
other real rights in extinction of rights
the occupant or bars a right of
action
5. results in the 5. results in the loss
acquisition of of a real or personal
ownership or other real right, or bars the
rights in a person as cause of action to
well as the loss of said enforce said right
ownership or real
rights in another

6. can be proven 6. should be

under the general affirmatively
issue without its pleaded and proved
being affirmatively to bar the action or
pleaded claim of the adverse
party

Period of Prescription

Movables Immovables
1. Good Faith
4 years 10 years
2. Bad Faith
8 years 30 years

Rules on Computation of Period:

1. The present possessor may complete the period necessary for prescription by tacking his
possession to that of his grantor or predecessor

2. It is presumed that the present possessor who was also the possessor at a previous time, has
continued to be in possession during the intervening time, unless there is proof to the contrary

3. The first day shall be excluded and the last day included

Persons Against Whom Prescription runs:

1. Minors and other incapacitated persons who have parents, guardians or other legal
representatives

2. Absentees who have administrators

3. Persons living abroad who have managers or administrators

4. Juridical persons, except the state and its subdivision

Persons against whom prescription does NOT run:

1. Between husband and wife, even though there be separation of property agreed upon in the
marriage settlements or by judicial decree.

2. Between parents and children, during the minority or insanity of the latter

3. Between guardian and ward during the continuance of the guardianship

Prescriptive Actions Prescriptive period Actions

period

a) Imprescriptible  to declare an g) 4 YEARS  action to revoke

inexistent or void donations due to
contract non-compliance of
conditions
 to quiet title
 action to
 to demand a rescind partition of
right of way deceased’s estate
on account of
lesion
 to bring an
action for
abatement of  action to claim
public nuisance rescission of
contracts
 to demand
partition in co-  annulment of
ownership contracts for vice
of consent
 to enforce a
trust  actions upon a
quasi-delict
 probate of a
will  action to revoke
or reduce
donations based on
 to recover birth, appearance
possession of a or adoption of a
registered land child
under the Land
Registration Act
by the registered  actions upon an
owner injury to the rights
of the plaintiff
(not arising from
contract)

b) 30 YEARS h) 3 YEARS
  real actions  actions under
over immovables the eight hour
(but not labor law
foreclosure)
without prejudice  actions to
to the acquisition recover losses in
of ownership or gambling
real rights by
acquisitive
prescription money claims as
a consequence of
employer-
employee
relationship

 action to
impugn legitimacy
of a child if the
husband or his
heirs reside abroad

c) 10 YEARS  actions upon a i) 2 YEARS  action to

written contract impugn legitimacy
of a child if the
 actions upon husband or his
an obligation heirs are not
created by law residing in the city
or municipality of
birth
 actions upon a
judgment from
the time
judgment
becomes final

 actions among
co-heirs to
enforce warranty
against eviction in
partition

 Mortgage
action

d) 8 YEARS  action to j) 1 YEAR  action to

recover movables impugn legitimacy
without prejudice of a child if the
to acquisition of husband or his
title for a shorter heirs are residing
period or to the in the city or
possessors title municipality of
under Arts. 559, birth
1505 and 1133
 forcible entry
and unlawful
detainer

 Defamation

 Revocation of
donation on the
 ground
of ingratitude

 Rescission or for
damages if
immovable is sold
with an apparent
burdens or
servitude

 action for
warranty of
solvency in
assignment of
credits

 actions for loss

or damage to
goods under the
COGSA

e) 6 YEARS  actions upon k) 6 MONTHS  actions for

an oral (verbal) warranty against
contract hidden defects or
encumbrances over
 actions upon a the thing sold
quasi-contract

f) 5 YEARS  action for l) 40 DAYS  redhibitory

annulment of action based on
marriages (except faults or defects of
on the ground of animals
insanity) and for
legal separation
counted from the
occurrence of the
cause

 actions against
the co-heirs for
warranty of
solvency the
debtor in credits
assigned in
partition

 action for the

declaration of the
incapacity of an
heir (devisee or
legatee) to
succeed)

 all other
actions whose
periods are not
fixed by law,
counted from the
time the right of
action accrues