Paternity & Filiation Suits
gathered.
Filiation proceedings are usually filed not
just to adjudicate paternity but also to secure
a legal right associated with paternity, such
as citizenship, support, or inheritance. The
burden of proving paternity lies on the
person who alleges that the putative father is
the biological father of the child.  On Alluvium
What does a party to a paternity action have
to face on a procedural aspect? 1. a prima
facie case exists if a woman declares that
she had sexual relations with the putative
father but corroborative proof is required to
carry the burden forward and shift it to the
putative father; 2. affirmative defenses
available - the putative father may show
incapability of sexual relations with the
mother, either because of impotency or
physical absence; 3. presumption of
legitimacy FC 165-167; 4. physical
resemblance between the putative father and
child may be offered as part of evidence of
paternity. ( but usually very subjective and
appeals to the emotions only)
Incriminating acts to establish filiation - read
the case of Pe Lim vs. CA, 336 Phil 741
On DNA analysis as evidence -  the general
rule is that if the man's DNA types match
that of the child, then he is NOT
EXCLUDED as the father (Rosendo Herrera
v. Rosendo Alba, et al., GR No. 148220,
June 15, 2005.
Builder, Planter, Sower & Owner
Good faith is always to be presumed in
the absence of proof to the contrary.
Builder in BAD FAITH shall lose what is
built without right to indemnity.  Same rule
applies to sower or planter provided what
has been planted or sown are not yet
When both the landowner and
builder/sower/planter  acted in bad faith,
treated as though both acted in good faith
and same rights applicable.
Does the accretion automatically become
registered land just because the land which
receives it is covered by a Torrens Title? A:
Registration does not give title to the land
but merely CONFIRMS and thereafter
protects the title already possessed by the
owner.
Can title to the receiving owner prescribe by
occupation of 3rd parties? 
Co-Ownership
The general rule on co-ownership is that the
share of co-owners in benefits and charges is
proportional to their respective interests. The
presumption is that they have equal portions
belonging to co-owners unless the contrary
is proved.
Expenses for the preservation of co-owned
property must be shared among the co-
owners and they have the right to compel a
co-owner to share in the expenses for
preservation. (eg. taxes, expenses)  But a co-
owner may be exempted from the duty to
reimburse payment made by his co-owner if
he renounces "so much" of his undivided
share as may be equivalent to his share of
expenses and taxes.
Acts of preservation - repairs: one can do it
but must notify co-owners;.
Determine Acts of Administration vs. Acts
of Alteration by Co-Owners.  In acts of
administration, all co-owners continue to
enjoy the property and even a minority of
them can consent or perform acts of
administration.  IN acts of alteration, ALL
co-owners must agree to the alteration
because the substance, use and form of the
co-owned property is affected.   prescription of years.
A lease of co-owned real/immovable
property if recorded in the Registry of
Property is an act of ownership and must
have the consent of all co-owners because
their right to enjoy it is curtailed.  If the
lease is not recorded in the ROD but the
period is less than one year, it is merely an
act of administration.  If the lease period is
over a year although not recorded in the
ROD, it is an act of ownership and requires
the UNANIMOUS consent of ALL co-
owners.
TERMINATION OF CO-OWNERSHIP: 1.
merger of consolidation into one owner; 2.
destruction or loss of things owned in
common; 3. prescription; 4. partition
Foreclosure of co-owned property (heirs)
Redemption of one heir within the
redemption period will inure to the benefit
of all co-heirs. Redemption after redemption
period, consolidation and new title issued
will not revive the co-ownership
WHAT ARE EASEMENTS AND
SERVITUDES?
Continuous - incessant without the
intervention of any act of men;  charges thereon and the acceptance must be
Discontinuous - used at intervals and depend
upon the acts of men.
Positive and Negative - Negative is to
prohibit the owner of the servient estate
from doing something which he could
lawfully do if the easement did not exist. 
Read : Floro v. Llenado, 244 SCRA 713
Can there be acquisition of easements? 
Continuous and apparent easements are
acquired either by virtue of a title or by
DONATIONS MORTIS CAUSA  VS.
DONATIONS INTER VIVOS
When is the title or ownership of the
property donated conveyed?
A donation is deemed perfected from the
moment the DONOR knows of the
ACCEPTANCE by the Donee
VOID DONATIONS: When are donations
deemed void? 
Validity of Donations - depends upon the
type of property donated ( whether movable
or immovable)
Oral donation + simultaneous delivery of the
thing or document = when is it valid?
Value of property less than P5k - if donation
is oral or written, it is valid if the object is
movable property
Value of property greater than 5k - donation
and acceptance must be in writing and if
object is immovable property, the donation
must be in writing, in a public document,
property clearly specified including the
in writing also in the same instrument or a
separate instrument with the required notice
to the Donor and in the correct form
REVOCATION OF DONATION - at the
instance of the DONOR= when there is
failure to comply with the conditions
imposed; how ? by filing an action for
revocation instituted by the donor.  The
action prescribes in 4 years from non-
compliance with the conditions.

Is the right to revoke the donation

transmissible to the heirs of the Donor?

NUISANCES

Nuisance - Any act, omission,

establishment, condition of property, or
anything else which -

1. injures or endangers the health or safety

of others; 2. annoys or offends the senses; 3.
shocks, defies or disregards decency or
morality; 4. obstructs or interferes with the
free passage of any public highway or street,
or any body of water; 5. hinders or impairs
the use of property

Nuisance per se - summary abatement

Nuisance per accidens - abatement after

hearing