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Doctrine of Apparent Authority

Definition: It is a concept used in agency law that refers to the

situation that arises when a principal, such as a corporation,
indicates to a third party that an officer or agent is authorized to
act on its behalf and the third party relies in good faith upon such
authority. It is used a defense when implied or express actual
authority does not exist. When the defense is successfully
raised, the principal is estopped from denying the authority of the
officer or agent.
Cases: Philippine Realty and Holding Corp. vs. Ley Const, and Dev.
Corp./Ley Cons, and Dev. Corp. vs. Philippine Realty and Holding
Corp., G.R. No. 165548/G.R. No. 167879. June 13, 2011.
The Court finds that the signature of Abcede is sufficient to bind
PRHC. As its construction manager, his very act of signing a letter
embodying the P 36 million escalation agreements produced legal
effect, even if there was a blank space for a higher officer of PHRC to
indicate approval thereof. At the very least, he indicated authority to
make such representation on behalf of PRHC. On direct examination,
Abcede admitted that, as the construction manager, he represented
PRHC in running its affairs with regard to the execution of the
aforesaid projects. Abcede had signed, on behalf of PRHC, other
documents that were almost identical to the questioned letter-
agreement. PRHC does not question the validity of these agreements;
it thereby effectively admits that this individual had actual authority to
sign on its behalf with respect to these construction projects.

Prudential Bank v. CA. G.R. 103957. June 14, 1993.

If a corporation knowingly permits one of its officers, or any other

agents, to do acts within the scope of an apparent authority, and this
holds him out to the public as possessing power to do those acts, the
corporation will, as against anyone who has in good faith dealt with
the corporation through such agents, be estopped from denying his
authority.
Doctrine of Estoppel

Definition: It is based upon the grounds of public policy, fair

dealing, good faith and justice, and its purpose is to forbid one to
speak against his own act, representations, or commitments to
the injury of one to whom they were directed and who
reasonably relied thereon. The doctrine springs from equitable
principles and the equities in the case. It is designed to aid the

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law in the administration of justice where without its aid injustice

might result. It has been applied by this Court whenever and
wherever special circumstances of a case so demand.

Cases: In the Megan Sugar Corporation v. Regional Trial Court of

Iloilo, Br. 68, Dumangas, Iloilo; New Frontier Sugar Corp., et al., G.R.
No. 170352. June 1, 2011

Based on the events and circumstances surrounding the issuance of

the assailed orders, this Court rules that MEGAN is estopped from
assailing both the authority of Atty. Sabig and the jurisdiction of the
RTC. While it is true, as claimed by MEGAN, that Atty. Sabig said in
court that he was only appearing for the hearing of Passi Sugar's
motion for intervention and not for the case itself, his subsequent acts,
coupled with MEGAN's inaction and negligence to repudiate his
authority, effectively bars MEGAN from assailing the validity of the
RTC proceedings under the principle of estoppel.

Ching vs. Nicdao G.R. No. 141181

Petitioner Ching correctly argued that he, as the offended party, may
appeal the civil aspect of the case notwithstanding respondent
Nicdao's acquittal by the CA. The civil action was impliedly instituted
with the criminal action since he did not reserve his right to institute it
separately nor did he institute the civil action prior to the criminal
action. If the accused is acquitted on reasonable doubt but the court
renders judgment on the civil aspect of the criminal case, the
prosecution cannot appeal.

Doctrine of Lex Loci Celebrationis

Definition: Under this doctrine, the law of the place where a

contract, specially a marriage, was made or celebrated, governs.

Cases: Germann and Co. V. Donaldson, Sim and Co. 1 Phil. 63.
A power of attorney was executed in Germany giving the recipient
authority to bring an action in the Philippines. Said power of attorney
was not authenticated by a notary public. In Germany, no such
authentication was needed, contrary to Philippines rules. The power of
attorney was properly made insofar as form was concerned because it
was executed in Germany. There is no reason why lex loci
celebrationis should not apply.

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Insular Government vs. Frank 13 Phil 236, G.R.No.2935. March 23,

1909.

Mr. Frank being fully qualified to enter into a contract at the place and
time the contract was made, he cannot therefore plead infancy as a
defense at the place where the contract is being enforced. Although
Mr. Frank was still a minor under Philippine laws, he was nevertheless
considered an adult under the laws of the state of Illinois, the place
where the contract was made. No rule is better settled in law than that
matters bearing upon the execution, interpretation and validity of a
contract are determined by the law of the place where the contract is
made. Matters connected to its performance are regulated by the law
prevailing at the place of its performance. Matters respecting a
remedy, such as bringing of a suit, admissibility of evidence, and
statutes of limitations, depend upon the law of the place where the suit
is brought.

Doctrine of Lex Loci Delicti Commissi

Definition: It is the Latin term for "law of the place where the
delict [tort] was committed"[l] in the conflict of laws. Conflict of
laws is the branch of law regulating all lawsuits involving a
"foreign" law element where a difference in result will occur
depending on which laws are applied. The term is often
shortened to lex loci delicti.
Cases: Saudi Arabian Airlines vs. CA G.R. 122191.
With the widespread criticism of the traditional rule of lex loci delicti
commissi, modern theories and rules on tort liability have been
advanced to offer fresh judicial approaches to arrive at just results. In
keeping abreast with the modem theories on tort liability, we find here
an occasion to apply the "State of the most significant relationship"
rule, which in our view should be appropriate to apply now, given the
factual context of this case.
In applying said principle to determine the State which has the most
significant relationship, the following contacts are to be taken into
account and evaluated according to their relative importance with
respect to the particular issue: (a) the place where the injury occurred;
(b) the place where the conduct causing the injury occurred; (c) the

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domicile, residence, nationality, place of incorporation and place of

business of the parties, and (d) the place where the relationship, if
any, between the parties is centered.
As already discussed, there is basis for the claim that over-all injury
occurred and lodged in the Philippines. There is likewise no question
that private respondent is a resident Filipina national, working with
petitioner, a resident foreign corporation engaged here in the business
of international air carriage. Thus, the "relationship" between the
parties was centered here, although it should be stressed that this suit
is not based on mere labor law violations. From the record, the claim
that the Philippines has the most significant contact with the matter in
this dispute, raised by private respondent as plaintiff below against
defendant (herein petitioner), in our view, has been properly
established.

Navida, et.al. vs. Dizon, Jr., et.al. G.R. No. 125078.

CHIQUITA argues that the courts a quo had jurisdiction over the
subject matter of the cases filed before them. The Amended Joint-
Complaints sought approximately P2.7 million in damages for each
plaintiff claimant, which amount falls within the jurisdiction of the RTC
CHIQUITA avers that the pertinent matter is the place of the alleged
exposure to DBCP. not the place of manufacture, packaging,
distribution, sale, etc., of the said chemical. This is in consonance with
the lex loci delicti commisi theory in determining the situs of a tort,
which states that the law of the place where the alleged wrong was
committed will govern the action. CHIQUITA and the other defendant
companies also submitted themselves to the jurisdiction of the RTC by
making voluntary appearances and seeking for affirmative reliefs
during the course of the proceedings. None of the defendant
companies ever objected to the exercise of jurisdiction by the courts a
quo over their persons. CHIQUITA, thus, prays for the remand of Civil
Case Nos. 5617 and 24,251-96 to the RTC of General Santos City
and the RTC of Davao City, respectively.
Doctrine of Lex Loci Rei Sitae

Definition: It is the Latin term for "law of the place where the
property is situated". It is a doctrine which states that the law
governing the transfer of title to property is dependent upon, and
varies with, the location of the property for the purposes of the
conflict of laws. Conflict is the branch of public law regulating all

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lawsuits involving a "foreign" law element where a difference in

result will occur depending on which laws are applied.

Cases: Wells Fargo Bank & Union Trust Company v. The Collector of
Internal Revenue. G.R. No. L-46720, June 28, 1940.
He extended his activities with respect to his intangibles, so as to avail
himself of the protection and benefits of the laws of the Philippines, in
such a way as to bring his person or property within the reach of the
Philippines, the reason for a single place of taxation no longer obtains-
protection, benefit, and power over the subject matter are no longer
confined to California, but also to the Philippines. In the instant case,
the actual situs of the shares of stock is in the Philippines, the
corporation being domiciled therein. And besides, the certificates of
stock have remained in this country up to the time when the deceased
died in California, and they were in possession of one Syrena McKee,
secretary of the Benguet Consolidated Mining Company, to whom
they have been delivered and indorsed in blank. This indorsement
gave Syrena McKee the right to vote the certificates at the general
meetings of the stockholders, to collect dividends, and dispose of the
shares in the manner she may deem fit, without prejudice to her
liability to the owner for violation of instructions. For all practical
purposes, then, Syrena McKee had the legal title to the certificates of
stock held in trust for the true owner thereof.
In other words, the owner residing in California has extended here her
activities with respect to her intangibles so as to avail herself of the
protection and benefit of the Philippine laws. Accordingly, the
jurisdiction of the Philippine Government to tax must be upheld.
Manila Gas Corporation vs. Collector of Internal Revenue, 62 Phil. 895
(1935).
The absence of flight operations to and from the Philippines is not
determinative of the source of income or the situs of income taxation.
The test of taxability is the 'source'; and the source of an income is
that activity which produced the income. Unquestionably, the passage
documentations in these cases were sold in the Philippines and the
revenue therefrom was derived from a business activity regularly
pursued within the Philippines. The word 'source' conveys one
essential Idea, that of origin, and the origin of the income herein is the
Philippines

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The Operative Fact Doctrine

Definition: The law is recognized as unconstitutional but the

effects of the unconstitutional law, prior to its declaration of
nullity, may be left undisturbed as a matter of equity and fair
play. In fact, the invocation of the operative fact doctrine is an
admission that the law is unconstitutional.
Cases: Planters Products, Inc. v. Fertiphil Corporation, March 14,
2008, G.R. No. 166006.
The doctrine of operative fact, as an exception to the general rule,
only applies as a matter of equity and fair play. It nullifies the effects of
an unconstitutional law by recognizing that the existence of a statute
prior to a determination of unconstitutionality is an operative fact and
may have consequences which cannot always be ignored. The past
cannot always be erased by a new judicial declaration.
The doctrine is applicable when a declaration of unconstitutionality will
impose an undue burden on those who have relied on the invalid law.
Thus, it was applied to a criminal case when a declaration of
unconstitutionality would put the accused in double jeopardy or would
put in limbo the acts done by a municipality in reliance upon a law
creating it.
Francisco I. Chavez v. National Housing Authority, R-ll Builders, Inc.,
R-ll Holdings, Inc., Harbour Centre Port Terminal, Inc., and Mr. Reghis
Romero II. G.R. No. 164527, August 15, 2007.
When the petitioner filed the case, the JVA had already been
terminated by virtue of MOA between RBI and NHA. The properties
and rights in question after the passage of around 10 years from the
start of the project's implementation cannot be disturbed or
questioned. The petitioner, being the Solicitor General at the time
SMDRP was formulated, had ample opportunity to question the said
project, but did not do so. The moment to challenge has passed.

Doctrine of Relations
Definition: That principle of law by which an act done at one
time is considered by a fiction of law to have been done at some

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antecedent period. It is a doctrine which, although of equitable

origin, has a well-recognized application to proceedings at law; a
legal fiction invented to promote the ends of justice or to prevent
injustice end the occurrence of injuries where otherwise there
would be no remedy. The doctrine, when invoked, must have
connection with actual fact, must be based on some antecedent
lawful rights. It has also been referred to as "the doctrine of
relation back".
Case: Alhambra Cigra vs SEC, G.R. No. L-23606, July 29, 1968.
"Since the privilege of extension is purely statutory, all of the statutory
conditions precedent must be complied with in order that the
extension may be effectuated. And, generally these conditions must
be complied with, and the steps necessary to effect the extension
must be taken, during the life of the corporation, and before the
expiration of the term of existence as original fixed by its charter or the
general law, since, as a rule, the corporation is ipso facto dissolved as
soon as that time expires. So where the extension is by amendment of
the articles of incorporation, the amendment must be adopted before
that time. And, similarly, the filing and recording of a certificate of
extension after that time cannot relate back to the date of the passage
of a resolution by the stockholders in favor of the extension so as to
save the life of the corporation. The contrary is true, however, and the
doctrine of relation will apply, where the delay is due to the neglect of
the officer with whom the certificate is required to be filed, or to a
wrongful refusal on his part to receive it. And statutes in some states
specifically provide that a renewal may be had within a specified time
before or after the time fixed for the termination of the corporate
existence"

Fair Use Doctrine

Definition: The general public is given the right to reproduce a
work subject to specific limitations. Under Philippine law, fair use
of a work for criticism, comment, news reporting, teaching,
including multiple copies for classroom use, scholarship,
research and similar purposes does not infringe copyright. Fair
use has no exact definition under the law. However, authorities

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have agreed on the following criteria enumerated in sec. 185.1 of

the Code:
1.) The purpose and character of the use, including whether such use
is of a commercial nature or is for non-profit educational purposes; the
nature of the copyrighted work; the amount and substantiality of the
portion used in relation to the copyrighted work as a whole; and
2.) The effect of the use upon the potential market for or value of the
copyrighted work.
Traditionally, fair use is more easily accepted when the purpose of
copying is educational in character and purpose than when it is
commercial or for profit. It does not mean, however, that all copying
for educational or classroom purposes is fair use.
Case: The Philippines has not had any case brought before the courts
to challenge fair use in this context. To illustrate the point, we must
draw on American court decisions. In Princeton University vs.
Michigan Document Service, Inc. (unreported, 1992), the U.S. Court
did not consider photocopying of materials for compilation in course
packs as fair use because photocopying was done by a commercial
vendor. On the other hand, in another case, the U.S. Court tended
towards the more fundamental aim of protecting the progress of
science and the arts. In Williams vs. Wilkins Co. (487 F2d 1345) it
gave the opinion that medical science would be seriously hurt if library
photocopying was stopped.

Fraus Et Jus Nunquam Cohabitant

Definition: "Fraud and Justice never agree together." A maxim
meaning that fraud corrupts justice regardless of the good faith
or just intentions"
Cases: Republic v. CA, G.R. No. L-60169, March 23, 1990.
Of course, we are well aware of the rule reiterated in Republic vs.
Court of Appeals and Santos, that, generally, the State cannot be put
in estoppel by the mistakes or errors of its officials or agents. In that
very case, however, citing 31 CJS 675-676, we went further by saying:
"Nevertheless, the government must not be allowed to deal
dishonorably or capriciously with its citizens, and must not play an

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ignoble part or do a shabby thing; and subject to limitations xxx, the

doctrine of equitable estoppel may be invoked against public
authorities as well as against private individuals"
Republic of the Philippines v. Gregorio Agunoy, Sr., Et al., Spouses
Eduardo and Arcelita Marquez and Rural Bank Of Gapan, Nueva
Ecija. G.R. No. 155394., February 17, 2005.
In any event, the verification survey conducted by Geodetic Engineer
Melencio Manqahas on February 15, 1988 came almost twenty-two
(22) years after the February 28, 1966 certification of Jose
Mendigoria; more than twenty-one (21) years after the issuance of
Agunoy Sr.'s Free Patent No. 314450 on January 18, 1967 and its
registration as Original Certificate of Title No. P-4522 on February 6,
1967; and more than eight (8) years reckoned from July 31, 1979
when, upon the death of the wife of Gregorio Agunoy, Sr., the heirs
executed a Deed of Extrajudicial Partition with Sale in favor of Joaquin
Sangabol. In the meanwhile, for about half a decade thereafter,
ownership over the properties transferred from one buyer to another,
with each and every transferee enjoying the presumption of good faith.
If only on this score alone that the present petition must fall.
There can be no debate at all on petitioner's submission that no
amount of legal technicality may serve as a solid foundation for the
enjoyment of the fruits of fraud. It is thus understandable why
petitioner chants the dogma of fraus et jus nunquam cohabitant.
Significantly, however, in the cases cited by petitioner Republic, as
well as in those other cases where the doctrine of fraus et jus
nunquam cohabitant was applied against a patent and title procured
thru fraud or misrepresentation, we note that the land covered thereby
is either a part of the forest zone which is definitely non-disposable, as
in Animas, or that said patent and title are still in the name of the
person who committed the fraud or misrepresentation, as in Acot,
Animas, Republic vs. CA and Del Mundo and Director of Lands vs.
Abanilla, et al. and, in either instance, there were yet no innocent third
parties standing in the way.
Here, it bears stressing that, by petitioner's own judicial admission, the
lots in dispute are no longer part of the public domain, and there are
numerous third, fourth, fifth and more parties holding Torrens titles in
their favor and enjoying the presumption of good faith. This brings to

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mind what we have reechoed in Pino vs. Court of Appeals and the
cases therein cited:
Even on the supposition that the sale was void, the general rule that
the direct result of a previous illegal contract cannot be valid (on the
theory that the spring cannot rise higher than its source) cannot apply
here for We are confronted with the functioning of the Torrens System
of Registration. The doctrine to follow is simple enough:
a fraudulent or forged document of sale may become the ROOT of a
valid title if the certificate of title has already been transferred from the
name of the true owner to the name of the forger or the name
indicated by the forger.
It is even worse in this case because here, there is no forger to speak
of. The remark of Land Inspector Jose Mendigoria about the
abandonment by Eusebio Perez and Valenciano Espiritu cannot, by
itself, be fraudulent. And, for all we know, that remark may even tum
out to be the truth. What petitioner perceives as fraud may be nothing
more than the differences of professional opinions between Land
Inspector Jose Mendigoria and Geodetic Engineer Melencio
Mangahas. But regardless of who between the two is correct, the hard
reality is that the properties in question are no longer floating objects
on a spring that cannot rise higher than its source, as they are now
very much ashore and firmly standing on the high solid ground of the
Torrens system of land registration.

Nemo Dat Quod Non Habet

Definition: Literally meaning "no one gives what he doesn't
have" is a legal rule, sometimes called the nemo dat rule, that
states that the purchase of a possession from someone who has
no ownership right to it also denies the purchaser any ownership
title.
Also, where goods are sold by a person who is not their owner, and
who does not sell them under the authority or with the consent of the
owner, the buver acquires no better title to the goods than the seller
had, unless the owner of goods is by his conduct precluded from
denying the seller's authority to sell.
Cases: Egao vs CA, G.R. No. L-79787. June 29, 1989.

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Deeds of sale of patented lands, perfected within the prohibited five

(5) year period are null and void (Sec. 124, Public Land Act). No title
passed from the Egaos to Marfori which could be validly transferred to
herein respondents Bontilao and Dignos. Nemo dat quod non habet
(nobody can dispose of that which does not belong to him).
While the government has not taken steps to assert its title, by
reversion, to a homestead sold in violation of the Public Land Act, the
vendor or his heirs is better entitled to the possession of the said, the
vendee being in no better situation than any intruder.
Accordingly, respondents who are not innocent purchasers for value
have no standing to question petitioners' right to the land and to file an
action for quieting of title.
Del Rosario v. Ferrer, G.R. No. 187056,
September 20, 2010. Since the donation in this case was one made
inter vivos, it was immediately operative and final. The reason is that
such kind of donation is deemed perfected from the moment the donor
learned of the donee's acceptance of the donation. The acceptance
makes the donee the absolute owner of the property donated.
Given that the donation in this case was irrevocable or one given inter
vivos, Leopoldo's subsequent assignment of his rights and interests in
the property to Asuncion should be regarded as void for, by then, he
had no more rights to assign. He could not give what he no longer
had. Nemo dat quod non habet.
The trial court cannot be faulted for passing upon, in a petition for
probate of what was initially supposed to be a donation mortis causa,
the validity of the document as a donation inter vivos and the nullity of
one of the donor's subsequent assignment of his rights and interests
in the property. The Court has held before that the rule on probate is
not inflexible and absolute. Moreover, in opposing the petition for
probate and in putting the validity of the deed of assignment squarely
in issue, Asuncion or those who substituted her may not now claim
that the trial court improperly allowed a collateral attack on such
assignment.

Doctrine of Processual Presumption

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Definition: Where a foreign law is not pleaded or, even if

pleaded, is not proved, the presumption is that foreign law is the
same as ours.
Cases: ATQ Overseas Corporation, Amalia G. Ikdal and Ministry of
Public Health-Kuwait v. Ma. Josefa Echin. G.R. No. 178551, October
11, 2010.
In the present case, the employment contract signed by Gran
specifically states that Saudi Labor Laws will govern matters not
provided for in the contract (e.g. specific causes for termination,
termination procedures, etc.). Being the law intended by the parties
(lex loci intentiones) to apply to the contract, Saudi Labor Laws should
govern all matters relating to the termination of the employment of
Gran.
In international law, the party who wants to have a foreign law applied
to a dispute or case has the burden of proving the foreign law. The
foreign law is treated as a question of fact to be properly pleaded and
proved as the judge or labor arbiter cannot take judicial notice of a
foreign law. He is presumed to know only domestic or forum law.
Unfortunately for petitioner, it did not prove the pertinent Saudi laws
on the matter; thus, the International Law doctrine of presumed-
identity approach or processual presumption comes into play.
Northwest Orient Airlines, Inc. v. Court of Appeals and C.F Sharp &
Company Inc., G.R. No. 112573. February 9, 1995.
Alternatively, in the light of the absence of proof regarding Japanese
law, the presumption of identity or similarity or the so-called
processual presumption 10 may be invoked. Applying it, the Japanese
law on the matter is presumed to be similar with the Philippine law on
service of summons on a private foreign corporation doing business in
the Philippines. Section 14, Rule 14 of the Rules of Court provides
that if the defendant is a foreign corporation doing business in the
Philippines, service may be made: (1) on its resident agent designated
in accordance with law for that purpose, or, (2) if there is no such
resident agent, on the government official designated by law to that
effect; or (3) on any of its officers or agents within the Philippines. In
as much as SHARP was admittedly doing business in Japan through
its four duly registered branches at the time the collection suit against
it was filed, then in the light of the processual presumption, SHARP

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may be deemed a resident of Japan, and, as such, was amenable to

the jurisdiction of the courts therein and may be deemed to have
assented to the said courts' lawful methods of serving process. 27
Accordingly, the extraterritorial service of summons on it by the
Japanese Court was valid not only under the processual presumption
but also because of the presumption of regularity of performance of
official duty.
We find NORTHWEST'S claim for attorney's fees, litigation expenses,
and exemplary damages to be without merit. We find no evidence that
would justify an award for attorney's fees and litigation expenses
under Article 2208 of the Civil Code of the Philippines. Nor is an award
for exemplary damages warranted.
Under Article 2234 of the Civil Code, before the court may consider
the question of whether or not exemplary damages should be
awarded, the plaintiff must show that he is entitled to moral,
temperate, or compensatory damaged. There being no such proof
presented by NORTHWEST, no exemplary damages may be
adjudged in its favor.

The Renvoi Doctrine

Definition: The doctrine whereby a jural matter is presented which the
conflict of laws rules of the forum refer to a foreign law which in turn,
refers the matter back to the law of the forum or a third state. When
reference is made back to the law of the forum, this is said to be
"remission" while reference to a third state is called "transmission."
Cases: In the Matter of the Testate Estate of Edward E. Christensen,
Deceased. Adolfo C. Aznar, Executor and Lucy Christensen, Heir of
the deceased, Executor and Heir-appellees, v. Helen Christensen
Garcia. G.R. No. L-16749, January 31, 1963. It is argued on
executor's behalf that as the deceased Christensen was a citizen of
the State of California, the internal law thereof, which is that given in
the Kaufman case, should govern the determination of the validity of
the testamentary provisions of Christensen's will, such law being in
force in the State of California of which Christensen was a citizen.
Appellant, on the other hand, insists that Article 946 should be
applicable, and in accordance therewith and following the doctrine of

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the renvoi, the question of the validity of the testamentary provision in

question should be referred back to the law of the decedent's
domicile, which is the Philippines.
We note that Article 946 of the California Civil Code is its conflict of
laws rule, while the rule applied in In re Kaufman, its internal law. If the
law on succ ession and the conflict of laws rules of California are to be
enforced jointly, each in its own intended and appropriate sphere, the
principle cited In re Kaufman should apply to citizens living in the
State, but Article 946 should apply to such of its citizens as are not
domiciled in California but in other jurisdictions. The rule laid down of
resorting to the law of the domicile in the determination of matters with
foreign element involved is in accord with the general principle of
American law that the domiciliary law should govern in most matters
or rights which follow the person of the owner.
Testate Estate of Bohanan v Bohanan, et al. 106 Phil. 997.
Since the laws of the State of Nevada allow the testator to dispose of
all his property according to his will, his testamentary dispositions
depriving his wife and children of what should be their legitimes under
Philippine laws, should be respected and the project of partition made
in accordance with his testamentary dispositions respected, and with
the project of partition made in accordance with his testamentary
dispositions approved.

Doctrine of Nullum Tempos Occurrit Regi

Definition: It is the Latin of "no time runs against the king", sometimes
abbreviated nullum tempus. It states that the crown is not subject to
statute of limitations. This means that the crown can proceed with
actions that would be barred if brought by an individual due to the
passage of time.
Cases: Agcaoili v. Suguitan, 48 Phil 693.
If the statute of limitation or prescription cannot run against the state, it
is difficult to understand how in the same action they may be used as
a defense against a public officer who has been forcibly, with threats
and intimidation, ousted from a public office by the Government itself
as was done in the present case. The principle that acts of limitation
do not bind the King (the State) or the people, applies to proceeding

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by quo warranto, the rule being that the representative of the state
may file an information on behalf of the people at any time; and the
lapse of time constitutes no bar to the proceeding, in conformity with
the maxim Nullum tempus occurrit regi. For the state to claim that the
statutes of limitation do not apply to it and yet insist that it may plead
such statutes to bar the action of quo warranto brought by one of its
public officials whom it itself has ousted from office, appears to us to
be unjust, unfair, unreasonable, and not within the contemplation of
sound jurisprudence.
Mindanao Development Authority, now the Southern Philippines
Development Administration v. The Court of Appeals and Francisco
and Bansing. G.R. No. L-49087, April 5, 1982.
In any event, the real plaintiff in this case is the Republic of the
Philippines and prescription does not run against the State (De la Vina
vs. Government of the P.I., 65 Phil. 262, 265; Republic vs. Ruiz, L-
23712, April 29, 1968, 23 SCRA 348).
The maxim is nullum tempus occurrit regi or nullum tempus occurrit
reipublicae (lapse of time does not bar the right of the crown or lapse
of time does not bar the commonwealth). The rule is now embodied in
article 1108(4) of the Civil Code.
It is a maxim of great antiquity in English law. The best reason for its
existence is the great public policy of preserving public rights and
property from damage and loss through the negligence of public
officers. (34 Am Jur. 301; Ballentines's Law Dictionary, p. 891; U.S.
vs. Nashville, Chattanooga & St. Louis Railway Co., 118 U.S.
120,125).
Thus, the right of reversion or reconveyance to the State of lands
fraudulently registered or not susceptible of private appropriation or
acquisition does not prescribe (Martines vs. Court of Appeals, L-
31271, April 29, 1974, 56 SCRA 647, 655; Republic vs. Ramos, 117
Phil. 45, 49).
The government officials concerned were negligent in not intervening
in the land registration proceeding or in not promptly asking Ang
Banging to reconvey the disputed lot to the Commonwealth or to the
Republic of the Philippines.

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Such negligence does not prejudice the State. The negligence or

omissions of public officers as to their public duties will not work an
estoppel against the State (10 R.C.L. 705, cited in Bachrach Motor
Co. vs. Unson, 50 Phil. 981, 990; Central Azucarera de Tarlac vs.
Collector of Internal Revenue, 104 Phil. 653, 656; People vs. Ventura,
114 Phil. 162, 169).

Doctrine of Indefeasibility of Torrens Titles

Definition: A doctrine that a certificate of title, once registered, should

not thereafter be impugned, altered, changed, modified, enlarged or
diminished except in a direct proceeding permitted by law.

Case: De Pedro vs Romasan, GR 158002.

According to the report, the land claimed by the petitioners was

covered by the title under the name of respondent corporation, the
petitioners' claim for damages had no leg to stand on.

Doctrine of Piercing the Veil of Corporate Fiction

Definition: The doctrine used whenever a court finds that a corporate

fiction is used to defeat public convenience, justify wrong, protect
fraud, or defend crime, or to confuse legitimate issues, or that a
corporation is the mere alter ego or business conduit of a person or
where the corporation id so organized and controlled. One of the
advantages of a corporate form of business organization is the
limitation of an investor's liability to the amount of the investment. This
feature flows from the legal theory that a corporate entity is separate
and distinct from its stockholders. However, the statutorily granted
privilege of a corporate veil may be used only for legitimate purposes.

Cases: San Juan Structural v. Court of Appeals 296 SCRA 631(1998)

The Court finds no reason to pierce the corporate veil of Respondent

Motorich. Petitioner utterly failed to establish that said corporation was
formed, or that it is operated, for the purpose of shielding any alleged
fraudulent or illegal activities of its officers or stockholders, or that the
said veil was used to conceal fraud, illegality or inequity at the
expense of third persons like petitioner. Veil can only be disregarded
when it is utilized as a shield to commit fraud, illegality or inequity,
defeat public convenience, confuse legitimate issues or serve as a

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mere alter ego or business conduit of a person or an instrumentality,

agency or adjunct of another corporation.

David Winship v. Phil. Trust Co., G.R. L-3869, January 31, 1952.

During war, we may pierce the veil of corporate identity, and go to the
very nationality of the controlling stockholders regardless of where the
incorporation had been made. Thus a German-co nt rolled
corporation, even if incorporated in the Philippines, was considered an
enemy corporation during the war for the purpose of freezing its
assets. A contrary rule may endanger Philippine security.

The de facto Corporation Doctrine

Definition: Formulate to safeguard the security of commercial
transactions whenever they involve the corporation. Parties dealing
with said corporation are secured by the fact that the transactions
entered into with said corporations may be sued upon and they can
recover. That is why aside from the other two requisites there must be
a set of officers (i.e. assumption of corporate powers) or directors
because of the principle that a corporation can only act through its
officers.
Case: Seventh Day Adventist Conference Church of Southern
Philippines, Inc. v Northeastern Mindanao Mission of Seventh Day
Adventist, Inc. G.R. No. 150416 July 21, 2006.
"The de facto doctrine thus effects a compromise between two
conflicting public interests]—the one opposed to an unauthorized
assumption of corporate privileges; the other in favor of doing justice
to the parties and of establishing a general assurance of security in
business dealing with corporations."
In view of the foregoing, petitioners' arguments anchored on their
supposed de facto status hold no water. We are convinced that there
was no donation to petitioners or their supposed predecessor-in-
interest.
Well-entrenched is the rule that a Certificate of Title is generally a
conclusive evidence of [ownership] of the land. There is that strong
and solid presumption that titles were legally issued and that they are
valid. It is irrevocable and indefeasible and the duty of the Court is to
see to it that the title is maintained and respected unless challenged in

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a direct proceeding. The title shall be received as evidence in all the

Courts and shall be conclusive as to all matters contained therein.
According to Art. 1477 of the Civil Code, the ownership of the thing
sold shall be transferred to the vendee upon the actual or constructive
delivery thereof. Here, transfer of ownership from the spouses Cosio
to SDA- NEMM was made upon constructive delivery of the property
on February 28, 1980 when the sale was made through a public
instrument. TCT No. 4468 was thereafter issued and it remains in the
name of SDA- NEMM.

Unjust Enrichment
Definition: The principle that no person may unjustly enrich himself at
the expense of another (Nemo cum alterius detrimento locupletari
potest) is embodied in Article 22 of the New Civil Code. There is
unjust enrichment when (1) a person is unjustly benefited, and (2)
such benefit is derived at the expense of or with damages to another.
The main objective of the principle of unjust enrichment is to prevent
one from enriching oneself at the expense of another. It is commonly
accepted that this doctrine simply means that a person shall not be
allowed to profit or enrich himself inequitably at another's expense.
Cases: Chieng vs. Spouses Santos, GR 169647, August 3, 2007.
The principle of unjust enrichment obliges the respondents to pay the
remaining balance of the loan plus interest. Relieving the respondents
of their obligation to pay the balance of the loan would, indeed, be to
sanction unjust enrichment in favor of respondents and cause unjust
poverty to petitioner.
In the exercise of our mandate as a court of justice and equity, we
hold, pro hac vice, that respondents are still liable to pay the
remaining balance of the loan. Respondents Eulogio and Teresita
Santos are hereby ORDERED to pay petitioner Antonio Chieng,
substituted by William Chieng, the balance of the loan amounting to
P93,000.00, plus legal interest of 12% per annum from 30 July 1992
up to the finality of this Decision, and an additional legal interest of
12% per annum from the finality of this Decision up to its satisfaction.

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Pari Delicto
Definition: A doctrine that provides that courts will not enforce an
invalid contract and that no party can recover in an action where it is
necessary to prove the existence of an illegal contract in order to
make his or her case.
Cases: Hulst vs. PR Builders Inc., GR 156364, September 3, 2007.
A universal doctrine which holds that no action arises, in equity or at
law, from an illegal contract; no suit can be maintained for its specific
performance, or to recover the property agreed to be sold or delivered,
or the money agreed to be paid, or damages for its violation; and
where the parties are in pari delicto, no affirmative relief of any kind
will be given to one against the other. This rule, however, is subject to
exceptions that permit the return of that which may have been given
under a void contract to: (a) the innocent party (Arts. 1411- 1412, Civil
Code); (b) the debtor who pays usurious interest (Art. 1413, Civil
Code); (c) the party repudiating the void contract before the illegal
purpose is accomplished or before damage is caused to a third person
and if public interest is sub served by allowing recovery (Art. 1414,
Civil Code); (d)the incapacitated party if the interest of justice so
demands (Art. 1415, Civil Code); (e) the party for whose protection the
prohibition by law is intended if the agreement is not illegal per se but
merely prohibited and if public policy would be enhanced by permitting
recovery (Art. 1416, Civil Code); and (f) the party for whose benefit the
law has been intended such as in price ceiling laws (Art. 1417, Civil
Code) and labor laws (Arts.1418-1419, Civil Code).
Menchavez vs. Teves, G.R. No. 153201.
January 26, 2005. Avoid contract is deemed legally nonexistent It
produces no legal effect. As a general rule, courts leave parties to
such a contract as they are, because they are in pari delicto or equally
at fault. Neither party is entitled to legal protection.
A void contract is equivalent to nothing; it produces no civil effect. It
does not create, modify or extinguish a juridical relation.
Parties to a void agreement cannot expect the aid of the law; the
courts leave them as they are, because they are deemed in pari
delicto or "in equal fault." To this rule, however, there are exceptions
that permit the return of that which may have been given under a void

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contract. One of the exceptions is found in Article 1412 of the Civil

Code, which states:
"Art. 1412. If the act in which the unlawful or forbidden cause consists
does not constitute a criminal offense, the following rules shall be
observed:
"(1) When the fault is on the part of both contracting parties, neither
may recover what he has given by virtue of the contract, or demand
the performance of the other's undertaking;
"(2) When only one of the contracting parties is at fault, he cannot
recover what he has given by reason of the contract, or ask for the
fulfillment of what has been promised him. The other, who is not at
fault, may demand the return of what he has given without any
obligation to comply with his promise."
On this premise, respondent contends that he can recover from
petitioners, because he is an innocent party to the Contract of Lease.
Petitioners allegedly induced him to enter into it through serious
misrepresentation.

Res Ipsa Loquitur

Definition: Latin for "the thing speaks for itself," a doctrine of law that
one is presumed to be negligent if he/she/it had exclusive control of
whatever caused the injury even though there is no specific evidence
of an act of negligence, and without negligence the accident would not
have happened.
Cases: Professional Services Inc. vs. Agana, GR 126297, January
31, 2007
It is the rule that the fact of the occurrence of an injury, taken with the
surrounding circumstances, may permit an inference or raise a
presumption of negligence, or make out a plaintiff's prima facie case,
and present a question of fact for defendant to meet with an
explanation. Stated differently, where the thing which caused the
injury, without the fault of the injured, is under the exclusive control of
the defendant and the injury is such that it should not have occurred if
he, having such control used proper care, it affords reasonable
evidence, in the absence of explanation that the injury arose from the

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defendant's want of care, and the burden of proof is shifted to him to

establish that he has observed due care and diligence. From the
foregoing statements of the rule, the requisites for the applicability of
the doctrine of res ipsa loquitur are: (1) the occurrence of an injury; (2)
the thing which caused the injury was under the control and
management of the defendant; (3) the occurrence was such that in the
ordinary course of things, would not have happened if those who had
control or management used proper care; and (4) the absence of
explanation by the defendant. Of the foregoing requisites, the most
instrumentalist the “control and management of the thing which
caused the injury. In this jurisdiction, res ipsa loquitur is not a rule of
substantive law, hence, does not per se create or constitute an
independent or separate ground of liability, being a mere evidentiary
rule. In other words, mere invocation and application of the doctrine
does not dispense with the requirement of proof of negligence.

Joaquinita P. Capili v. SPS. Dominador Cardana and Rosalita

Cardana. G.R. No. 157906, November 2, 2006.
The fact, however, that respondents' daughter. Jasmin, died as a
result of the dead and rotting tree within the school's premises shows
that the tree was indeed an obvious danger to anyone passing by and
calls for application of the principle of res ipsa loquitur.
The doctrine of res ipsa loquitur applies where (1) the accident was of
such character as to warrant an inference that it would not have
happened except for the defendant's negligence; (2) the accident
must have been caused by an agency or instrumentality within the
exclusive management or control of the person charged with the
negligence complained of; and (3) the accident must not have been
due to any voluntary action or contribution on the part of the person
injured.
In the case of D.M. Consunji, Inc. v. Court of Appeals,15 this Court
held:
As a rule of evidence, the doctrine of res ipsa loquitur is peculiar to the
law of negligence which recognizes that prima facie negligence may
be established without direct proof and furnishes a substitute for
specific proof of negligence.

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The concept of res ipsa loquitur has been explained in this wise:
While negligence is not ordinarily inferred or presumed, and while the
mere happening of an accident or injury will not generally give rise to
an inference or presumption that it was due to negligence on
defendant’s part, under the doctrine of res ipsa loquitur, which means,
literally, the thing or transaction speaks for itself, or in one jurisdiction,
that the thing or instrumentality speaks for itself, the facts or
circumstances accompanying an injury may be such as to raise a
presumption, or at least permit an inference of negligence on the part
of the defendant, or some other person who is charged with
negligence.
Where it is shown that the thing or instrumentality which caused the
injury complained of was under the control or management of the
defendant, and that the occurrence resulting in the injury was such as
in the ordinary course of things would not happen if those who had its
control or management used proper care, there is sufficient evidence,
or, as sometimes stated, reasonable evidence, in the absence of
explanation by the defendant, that the injury arose from or was caused
by the defendant's want of care.
The procedural effect of the doctrine of res ipsa loquitur is that
petitioner’s negligence is presumed once respondents established the
requisites for the doctrine to apply. Once respondents made out a
prima facie case of all requisites, the burden shifts to petitioner to
explain. The presumption or inference may be rebutted or overcome
by other evidence and, under appropriate circumstances a disputable
presumption, such as that of due care or innocence, may outweigh the
inference.
Ignorantia Legis non Excusat
Definition: It is a Latin maxim meaning ignorance of law is not an
excuse to a criminal charge. The purpose of this maxim is that if
ignorance is considered an excuse, a person charged with criminal
offenses or a subject of a civil lawsuit would merely claim that s/he is
unaware of the law in question to avoid liability. Ignorantia juris non
excusat is also known as ignorantia legis non excusat.

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Cases: Agustin De Luna, et al., v.Jose Linatoc, G.R. No. L-48403,

October 28, 1942.
Mistake of law does not make a contract voidable, because ignorance
of the law does not excuse anyone from its compliance (art. 2, Civil
Code; 8 Manresa, 646, 2d ed.). That the petitioners did not know the
prohibition against partition of the conjugal partnership property during
marriage (art. 1432, Civil Code) is no valid reason why they should
ask for the annulment of the sales made Exhibits C and D and
recognized in Exhibit I.
The United States v. Ah Chong, G.R. No. L- 5272 March 19, 1910.
The question then squarely presents it self, whether in this jurisdiction
one can be held criminally responsible who, by reason of a mistake as
to the facts, does an act for which he would be exempt from criminal
liability if the facts were as he supposed them to be, but which would
constitute the crime of homicide or assassination if the actor had
known the true state of the facts at the time when he committed the
act. To this question we think there can be but one answer, and we
hold that under such circumstances there is no criminal liability,
provided always that the alleged ignorance or mistake or fact was not
due to negligence or bad faith.
In broader terms, ignorance or mistake of fact, if such ignorance or
mistake of fact is sufficient to negative a particular intent which under
the law is a necessary ingredient of the offense charged (e.g., in
larcerny, animus furendi; in murder, malice; in crimes intent) "cancels
the presumption of intent," and works an acquittal; except in those
cases where the circumstances demand a conviction under the penal
provisions touching criminal negligence; and in cases where, under
the provisions of article 1 of the Penal Code one voluntarily committing
a crime or misdeamor incurs criminal liability for any wrongful act
committed by him, even though it be different from that which he
intended to commit (Wharton's Criminal Law, sec. 87 and cases cited;
McClain's Crim. Law, sec. 133 and cases cited; Pettit vs. S., 28 Tex.
Ap., 240; Commonwealth vs. Power, 7 Met., 596; Yates vs. People, 32
N.Y., 509; Isham vs. State, 38 Ala., 213; Commonwealth vs. Rogers, 7
Met., 500.).
Lex prospicit, non respicit
Definition: The law looks forward, not backward.

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Cases: Antonio v. Reyes, March 10, 2006, 484 SCRA 353.

In these cases, we explained that the interpretation or construction of
a law by courts constitutes a part of the law as of the date the statute
is enacted. It is only when a prior ruling of this Court is overruled, and
a different view is adopted, that the new doctrine may have to be
applied prospectively in favor of parties who have relied on the old
doctrine and have acted in good faith, in accordance therewith under
the familiar rule of "lex prospicit, non respicit."
Alfredo Tolentino, et al., v. Antonio O. Alzate, et al., G.R. No. L-9267,
April 11, 1956.
Republic Act No. 1199 was approved on August 30, 1954. Said Act
enumerates the cause whereby a tenant may be dispossessed of the
land among them being the desire of the alndlord to cultivate the land
"through the employment of farm machinery and implements." And it
is therein provided that in order that the mechanization may be
undertaken it is necessary that "the landholder shall, at least one year
but not more than two years prior to the date of his petition to
dispossess the tenant file notice with the court and shall inform the
tenant in writing in language or dialect known to the latter of his
intention to cultivate the land himself, either personally or through the
employment of mechanical implements, together with a certification of
the Secretary of Agriculture and Natural Resources that the land is
suited of mechanization." (Section 50, paragraph a.) It is now
contended by the tenants that because the landlord had not complied
with this requirement before filing the present petition for
mechanization, the industrial to proceed with the hearing of the case.
We find this claim to be without merit. While it is true that under the
new Act there is need to comply with the above procedural
requirement in order that a landlord may dispossess a tenant and give
jurisdiction to the industrial court to act on the matter, the same cannot
be invoked in the present case it appearing that the petition herein
was filed on August 12, 1954, or prior to the approval of Republic Act
No. 1199. It is a well known rule that "Laws shall have no retroactive
effect, unless the contrary is provided" (Artide 4, new Civil Code). Or,
as this Court well said, "A statute operates prospectively and never
retroactively, unless the legislative intent to the contrary is made
manifest either by the express terms of the statute or by necessary
implication" (Segovia vs. Noel, 47 Phi., 543). There is nothing in said

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Act which would make its provisions operate retroactively even with
respect to the provision regarding mechanized farming.

Dura Lex Sed Lex

Definition: The law may be hard to observe or difficult to obey, but it

remains the law and must be therefore followed just the same. This is
the plain and simple meaning and implication of the above cited Latin
maxim which is well known in a special way by those in the legal
profession. The Latin principle is objectively right and the legal experts
are professionally right as well when invoking the Latin truism - but
only by virtue of the following three fundamental premises:
Firstly, that the law is just in its objective content, just for the subject
party concerned, and just to the society as a whole it is mandated for
observance. In other words even but there is an iota of injustice in the
law in conjunction with any of the said qualifying factors, a law may be
difficult to comply with, but an unjust law it remains. Thus it is that it
loses its nature and finality as a law.
Secondly, that the law equally applies to all - "without fear or favor".
This simply means that everybody has exactly the same standing - the
same basic human dignity and the basic human rights - before the
law. This is the cornerstone of the majesty of the law: it bows to no
one for consideration of power and wealth.
Lastly, that the law is interpreted and applied by a legal system that is
not simply working as designed and expected - but categorically
working according to the demands of social justice specially in terms
of its distributive dimension that is provident of public welfare or
common goods.
Cases: Anselma Diaz, guardian of Victor, Rodrigo, Anselmina and
Miguel, all surnamed Santero, and Felixberta Pacursa, guardian of
Federico Santero, et al., petitioners, v. Intermediate Appelate Court
and Felisa Pamuti Jardin, G.R. No. L-66574, February 21, 1990.
Senator Tolentino, while supporting the majority view of this Court
states:

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In the present article, the Code Commission took a step forward by

giving an illegitimate child the right of representation, which he did not
have under the old Code. But in retaining without change provisions of
the old Code in Article 992, it created an absurdity and committed an
injustice, because while the illegitimate descendant of an illegitimate
child can represent, the illegitimate descendant of a legitimate child
cannot. The principle that the illegitimate child should succeed by
operation of law only to persons with the same status of illegitimacy
has thus been preserved. And this is unfair to the illegitimate
descendants of legitimate children. Dura lex, sed lex.
Salem Alex Palo y Toyur v. Hon. Francis J. Militante, Presiding Judge,
Regional Trial Court of Cebu, 7th Judicial Region, Branch XII, G.R.
No. 76100, April 18, 1990.
It is suggested that petitioner's deprivation of the benefits of probation
was a product of misunderstanding or miscommunication and that he
would not have pleaded guilty had that amendment by Presidential
Decree No. 1990 been brought to his attention. We are, however,
bound by the actual proceedings that transpired and not by what is
represented to have been a party's intent. Yet, assuming that there is
some truth in said surmise, from what has been said and while one
may empathize with petitioner's submission, still even if he had not
pleaded guilty the end result would have been the same. From the
judicial record, a guilty verdict, and even a higher penalty, would have
been a distinct probability. All told, dura lex sed lex is the trite dictum
which those caught in the toils of the law have to live with, including
the changes therein and the misapprehensions thereon.
Doctrine of Stare Decisis
Definition: The operation of the doctrine of stare decisis is best
explained by reference to the English translation of the Latin phrase.
“Stare decisis" literally translates as "to stand by decided matters".
The phrase "stare decisis" is itself an abbreviation of the Latin phrase
"stare decisis et non quieta movere" which translates as "to stand by
decisions and not to disturb settled matters". Basically, under the
doctrine of stare decisis, the decision of a higher court within the same
provincial jurisdiction acts as binding authority on a lower court within
that same jurisdiction. The decision of a court of another jurisdiction
only acts as persuasive authority. The degree of persuasiveness is
dependent upon various factors, including, first, the nature of the other

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jurisdiction. Second, the degree of persuasiveness is dependent upon

the level of court which decided the precedent case in the other
jurisdiction. Other factors include the date of the precedent case, on
the assumption that the more recent the case, the more reliable it will
be as authority for a given proposition, although this is not necessarily
so.
Cases: Tala Realty Services v. Banco Filipino Savings and Mortgage
Bank. G.R. No. 137980. June 20, 2000.
It is about a disagreement between parties on which lease contract
should prevail. The Court ruled that tt is the policy of the court to
maintain judicial stability in accordance to stare decisis. The case
involves the same questions relating to similarly situated conditions
which the court already litigated abd decided upon and the rule on
stare decisis is a bar to attempt to relitigate the same issue ("stare
decisis et non quieta movere" - follow past precedents and do not
disturb what has already been settled.) Stare decisis should apply if
the facts are substantially the same even if the parties may be
different.
Benjamin G. Ting v. Carmen M. Velez-Ting, G.R. No. 166562, March
31, 2009.
The principle of stare decisis enjoins adherence by lower courts to
doctrinal rules established by this Court in its final decisions. It is
based on the principle that once a question of law has been examined
and decided, it should be deemed settled and closed to further
argument. Basically, it is a bar to any attempt to relitigate the same
issues, necessary for two simple reasons: economy and stability. In
our jurisdiction, the principle is entrenched in Article 8 of the Civil
Code.
This doctrine of adherence to precedents or stare decisis was applied
by the English courts and was later adopted by the United States.
To be forthright, respondent's argument that the doctrinal guidelines
prescribed in Santos and Molina should not be applied retroactively for
being contrary to the principle of stare decisis is no longer new. The
same argument was also raised but was struck down in Pesca v.
Pesca, and again in Antonio v. Reyes. In these cases, we explained
that the interpretation or construction of a law by courts constitutes a
part of the law as of the date the statute is enacted. It is only when a

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prior ruling of this Court is overruled, and a different view is adopted,

that the new doctrine may have to be applied prospectively in favor of
parties who have relied on the old doctrine and have acted in good
faith, in accordance therewith under the familiar rule Of "lex prospicit,
non respicit."

Doctrine of Lex Nationalii

Definition: Citizenship is the basis for determining the personal law
applicable.
Article 15 of the Civil Code provides that "laws relating to family rights
and duties, or to the status, condition and legal capacity of persons
are binding upon citizens of the Philippines, even though living
abroad." This is the rule of lex national in private international law.
Thus, the Philippine State may require, for effectivity in the
Philippines, recognition by Philippine courts of a foreign judgment
affecting its citizen, over whom it exercises personal jurisdiction
relating to the status, condition and legal capacity of such citizen.
Regardless of where a citizen of the Philippines might be, he or she
will be governed by the law of his nationality (Philippine Laws) with
respect to his or her family rights and duties, or to his status, condition
or legal capacity.

Cases: Juan Miciano v. Andre Brimo, GR No.22595, November 1,

1927.
Though the last part of the second clause of the will expressly said
that "it be made and disposed of in accordance with the laws in force
in the Philippine Island", this condition, described as impossible
conditions, shall be considered as not imposed and shall not prejudice
the heir or legatee in any manner whatsoever, even should the
testator otherwise provide. Impossible conditions are further defined
as those contrary to law or good morals. Thus, national law of the
testator shall govern in his testamentary dispositions. The court
approved the scheme of partition submitted by the judicial
administrator, in such manner as to include Andre Brimo, as one of
the legatees.

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Bellis vs. Bellis. G.R. No. L-23678, June 6, 1967.

The Supreme Court held that the said children are not entitled to their
legitimes under the Texas Law, being the national law of the
deceased, there are no legitimes. The parties admit that the decedent,
Amos G. Bellis, was a citizen of the State of Texas, U.S.A., and that
under the laws of Texas, there are no forced heirs or legitimes.
Accordingly, since the intrinsic validity of the provision of the will and
the amount of successional rights are to be determined under Texas
law, the Philippine law on legitimes cannot be applied to the testacy of
Amos G. Bellis.
Article 16, par. 2, and Art. 1039 of the Civil Code, render applicable
the national law of the decedent, in intestate or testamentary
successions, with regard to four items: (a) the order of succession; (b)
the amount of successional rights; (e) the intrinsic validity of the
provisions of the will; and (d) the capacity to succeed.
Intestate and testamentary successions, both with respect to the order
of succession and to the amount of successional rights and to the
intrinsic validity of testamentary provisions, shall be regulated by the
national law of the person whose succession is under consideration,
whatever may he the nature of the property and regardless of the
country wherein said property may be found.

Nemo ex alterius incommode debet lecupletari

Definition: No man ought to be made rich out of another's injury.
Cases: Jacobus Bernhard Hulst v. PR Builders, Inc., G.R. No.
156364, Septembers, 2007.
Ineluctably, the HLURB Decision resulted in the unjust enrichment of
petitioner at the expense of respondent. Petitioner received more than
what he is entitled to recover under the circumstances.
Article 22 of the Civil Code which embodies the maxim, nemo ex
alterius incommode debet lecupletari (no man ought to be made rich
out of another's injury), states:

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Art. 22. Every person who through an act of performance by another,

or any other means, acquires or comes into possession of something
at the expense of the latter without just or legal ground, shall return
the same to him.
The above-quoted article is part of the chapter of the Civil Code on
Human Relations, the provisions of which were formulated as basic
principles to be observed for the rightful relationship between human
beings and for the stability of the social order; designed to indicate
certain norms that spring from the fountain of good conscience; guides
for human conduct that should run as golden threads through society
to the end that law may approach its supreme ideal which is the sway
and dominance of justice.[48] There is unjust enrichment when a
person unjustly retains a benefit at the loss of another, or when a
person retains money or property of another against the fundamental
principles of justice, equity and good conscience.
A sense of justice and fairness demands that petitioner should not be
allowed to benefit from his act of entering into a contract to sell that
violates the constitutional proscription.
This is not a case of equity overruling or supplanting a positive
provision of law or judicial rule. Rather, equity is exercised in this case
"as the complement of legal jurisdiction that seeks to reach and to
complete justice where courts of law, through the inflexibility of their
rules and want of power to adapt their judgments to the special
circumstances of cases, are incompetent to do so."
The purpose of the exercise of equity jurisdiction in this case is to
prevent unjust enrichment and to ensure restitution. Equity jurisdiction
aims to do complete justice in cases where a court of law is unable to
adapt its judgments to the special circumstances of a case because of
the inflexibility of its statutory or legal jurisdiction.
Republic of the Philippines, represented by the Department of Public
Works and Highways, Commission on Audit and the National
Treasurer, v. Carlito Lacap, doing business under the name and style
Carwin Construction and Construction Supply, G.R. No. 158253
March 2, 2OO7.
Article 22 of the Civil Code which embodies the maxim Nemo ex
alterius incommode debet lecupletari (no man ought to be made rich
out of another's injury) states:

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Art. 22. Every person who through an act of performance by another,

or any other means, acquires or comes into possession of something
at the expense of the latter without just or legal ground, shall return
the same to him.
This article is part of the chapter of the Civil Code on Human
Relations, the provisions of which were formulated as "basic principles
to be observed for the rightful relationship between human beings and
for the stability of the social order, x x x designed to indicate certain
norms that spring from the fountain of good conscience, x x x guides
human conduct [that] should run as golden threads through society to
the end that law may approach its supreme ideal which is the sway
and dominance of justice." The rules thereon apply equally well to the
Government. Since respondent had rendered services to the full
satisfaction and acceptance by petitioner, then the former should be
compensated for them. To allow petitioner to acquire the finished
project at no cost would undoubtedly constitute unjust enrichment for
the petitioner to the prejudice of respondent. Such unjust enrichment
is not allowed by law.
Parens patriae
Definitions: Literally, parens patriae means father of the country. This
doctrine has been defined as the inherent power and authority of the
state to provide protection to the persons and property of the persons
non-sui juris. Non-sui juris persons are those who lack the legal
capacity to act on his own behalf like the child or the insane persons.
Cases: Melchora Cabanas v.Francisco PilapiL G.R. No. L-25843, July
25, 1974.
The Constitution provides for the strengthening of the family as the
basic social unit, and that whenever any member thereof such as in
the case at bar would be prejudiced and his interest be affected then
the judiciary if a litigation has been filed should resolve according to
the best interest of that person. The uncle here should not be the
trustee, it should be the mother as she was the immediate relative of
the minor child and it is assumed that the mother shall show more
care towards the child than the uncle will. The application of parens
patriae here is in consonance with this country's tradition of favoring
conflicts in favor of the family hence preference to the parent (mother)
is observed.

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The People of the Philippines v. Domiciano Bayion G.R. No. L-35785,

May 29, 1974.
As was noted in a recent case, People v. Molina, 32 it is manifest in
the decisions of this Court that where the offended parties are young
and immature girls like the victim in this case, 33 there is a marked
receptivity on its part to lend credence to their version of what
transpired. It is not to be wondered at. The state, as parens patriae, is
under the obligation to minimize the risk of harm to those, who,
because of their minority, are as yet unable to take care of themselves
fully. Those of tender years deserve its utmost protection. Moreover,
the injury in cases of rape is not inflicted on the unfortunate victim
alone. The consternation it causes her family must also be taken into
account. It may reflect a failure to abide by the announced concern in
the fundamental law for such institution . 34 There is all the more
reason then for the rigorous application of the penal law with its
severe penalty for this offense, whenever warranted. It has been aptly
remarked that with the advance in civilization, the disruption in public
peace and order it represents defies explanation, much more so in
view of what currently appears to be a tendency for sexual
permissiveness. Where the prospects of relationship based on
consent are hardly minimal, self-restraint should even be more
marked.

Solutio indebiti
Definition: Refers to the juridical relation which arises whenever a
person unduly delivers a thing through mistake to another who has no
right to demand it.
If something is received when there is no right to demand it, and it was
unduly delivered through mistake, the obligation to return it arises.
Cases: Philippine National Bank v. Court of Appeals and B.P. Mata
and Co., Inc. G.R. No. 97995, January 21, 1993.
The instant case fulfills the indispensable requisites of solutio indebiti
as defined in Article 2154 that something (in this case money) has
been received when there was no right to demand it and (2) the same
was unduly delivered through mistake. There is a presumption that

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there was a mistake in the payment "if something which had never
been due or had already been paid was delivered; but he from whom
the return is claimed may prove that the delivery was made out of
liberality or for any other just cause."
While petitioner may indeed opt to avail of an action to enforce a
constructive trust or the quasi-contract of solutio indebiti, it has been
deprived of a choice, for prescription has effectively blocked quasi-
contract as an alternative, leaving only constructive trust as the
feasible option.
Petitioner argues that the lower and appellate courts cannot indulge in
semantics by holding that in Article 1456 the recipient commits the
mistake while in Article 2154, the recipient commits no mistake. 26 On
the other hand, private respondent, invoking the appellate court's
reasoning, would impress upon us that under Article 1456, there can
be no mutual mistake. Consequently, private respondent contends
that the case at bar is one of solutio indebiti and not a constructive
trust.
Gonzalo Puyat & Sons, Inc., v. City of Manila and Marcelo Sarmiento,
as City Treasurer of Manila, G.R. No. L-17447, April 30, 1963.
In refutation of the above stand of appellants, appellee avers tht the
payments could not have been voluntary .At most, they were paid
"mistakenly and in good faith"and "without protest in the erroneous
belief that it was liable thereof." Voluntariness is incompatible with
protest and mistake. It submits that this is a simple case of "solutio
indebiti"
In a recent case, We said: "The appellants argue that the sum the
refund of which is sought by the appellee, was not paid under protest
and hence is not refundable. Again, the trial court correctly held that
being unauthorized, it is not a tax assessed under the Charter of the
Appellant City of Davao and for that reason, no protest is necessary
for a claim or demand for its refund" (Citing the Medina case, supra;
East Asiatic Co., Ltd. v. City of Davao, G.R. No. L-16253, Aug. 21,
1962). Lastly, being a case of solutio indebiti, protest is not required
as a condition sine qua non for its application.

Legis interpret at io legis vim obtinet

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Definition: A Latin maxim which means "The construction of law

obtains the force of law." The interpretation placed upon a written law
by a competent court has the force of the law. Judicial decisions
applying and interpreting the law shall form part of the legal system of
the Philippines.
Cases: People v. Licera, 65 SCRA 270.
The application and interpretation placed by the Court upon a law is
part of the law as of the date of the enactment of the said law since
the Supreme Court's application and interpretation merely established
the contemporaneous legislative intent that the construed law purports
to carry into effect.
Secretary of Justice ve. Catolico, 68 SCRA 607.
Judicial Decisions of the Supreme Court are authoritative and
precedent setting while those of the inferior courts and Court of
Appeals are merely persuasive. Indeed it is the duty of the judges to
apply the law as interpreted by the Supreme Court.
Prejudicial Question
Definition: The doctrine that comes into play generally in a situation
where civil and criminal actions are pending and the issues involved in
both cases are similar or so closely related that an issue must be pre-
emptively resolved in the civil case before the criminal action can
proceed. Thus, the existence of a prejudicial question in a civil case is
alleged in the criminal case to cause the suspension of the latter
pending final determination of the former. It is one which must be
decided first before a criminal action may be instituted or may proceed
because a decision therein is vital to the judgment in the criminal
case.
Cases: People versus Adelo Aragon L-5930, February 17, 1954.
The Supreme Court defined it as one which arises in a case, the
resolution of which question is a logical antecedent of the issues
involved in said case and the cognizance of which pertains to other
tribunal.
In the action of bigamy, if the accused claims that the first marriage is
null and void, and the right to decide such validity is vested in another
tribunal, the civil action for nullity must first be decided before the

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action for bigamy can proceed; hence the validity of the first marriage
is a prejudicial question.
Quimbao vs. Osorio G.R. No. L-48157.
Whether the administrative case between the private parties involving
the lot subject matter of the ejectment case constitutes a prejudicial
question which would operates as a bar to said ejectment case.
Petition Granted, the SC held No prejudicial question. A prejudicial
question is understood in law to be that which arises in a case the
resolution of which is a logical antecedent of the issue involved in said
case and the cognizance of which pertains to another tribunal
The Doctrine of Prejudicial Question comes into play generally in a
situation where civil and criminal actions are pending and the issues
involved in both cases are similar or so closely related that an issue
must be preemptively resolved in the civil case before the criminal
action can proceed. Thus, the existence of a prejudicial question in a
civil case is alleged in the criminal case to cause the suspension of
the latter pending final determination of the former.
Action De in Rem Verso
Definition: Action de in rem verso is an action for unjust enrichment.
In an action de in rem verso, the plaintiff should show that enrichment
was bestowed, that the enrichment caused an impoverishment, that
there is no justification for the enrichment and impoverishment, and
that the plaintiff has no other adequate remedy at law, including no
remedy under an express or implied contract In Roman law, action de
in rem verso is an action brought against a paterfamilias or a slave-
owner who benefited from the transaction of a child or slave.
Case: Shinryo (Philippines) Company, Inc. v. RRN Incorporated, G.R.
No. 172525, October 20, 2010.
Article 22 of the New Civil Code reads: Every person who, through an
act of performance by another, or any other means, acquires or
comes into possession of something at the expense of the latter
without just or legal ground, shall return the same to him.
In order that accion in rem verso may prosper, the essential elements
must be present: (1) that the defendant has been enriched, (2) that the
plaintiff has suffered a loss, (3) that the enrichment of the defendant is

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without just or legal ground, and (4) that the plaintiff has no other
action based on contract, quasi-contract, crime or quasi-delict.
An accion in rem verso is considered merely an auxiliary action,
available only when there is no other remedy on contract, quasi-
contract, crime, and quasi-delict. If there is an obtainable action under
any other institution of positive law, that action must be resorted to,
and the principle of accion in rem verso will not lie.
As found by both the CIAC and affirmed by the CA, petitioner failed to
prove that respondent's free use of the manlift was without legal
ground based on the provisions of their contract. Thus, the third
requisite is missing.
Doctrine of actio personalis moriturcum persona
Definition: A Latin expression meaning a personal action dies with
the person. Some legal causes of action can survive the death of the
claimant or plaintiff, for example actions founded in contract law.
However, some actions are personal to the plaintiff, defamation of
character being one notable example. Therefore, such an action,
where it relates to the private character of the plaintiff, comes to an
end on his death, whereas an action for the publication of a false and
malicious statement which causes damage to the plaintiff's personal
estate will survive to the benefit of his or her personal representatives.
The principle also exists to protect the estate and executors from
liability for strictly personal acts of the deceased, such as charges for
fraud.
Cases: Lapuz-Sy v. Eufemio, G.R. No. L-3O977, January 31, 1972.
The Civil Code of the Philippines recognizes this in its Article 100, by
allowing only the innocent spouse (and no one else) to claim legal
separation; and in its Article 108, by providing that the spouses can,
by their reconciliation, stop or abate the proceedings and even rescind
a decree of legal separation already rendered. Being personal in
character, it follows that the death of one party to the action causes
the death of the action itself.
When one of the spouses is dead, there is no need for divorce,
because the marriage is dissolved. The heirs cannot even continue
the suit, if the death of the spouse takes place during the course of the
suit (Article 244, Section 3). The action is absolutely dead.

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A further reason why an action for legal separation is abated by the

death of the plaintiff, even if property rights are involved, is that these
rights are mere effects of decree of separation, their source being the
decree itself; without the decree such rights do not come into
existence, so that before the finality of a decree, these claims are
merely rights in expectation. If death supervenes during the pendency
of the action, no decree can be forthcoming, death producing a more
radical and definitive separation; and the expected consequential
rights and claims would necessarily remain unborn.
Santos v. Sec. Of Labor, et.al , G.R. No. L-21624, February 27, 1968.
Invoking the doctrine of actio personalis moritur cum persona, the
death of the deceased terminates any action. Furthermore, public
office is a public trust; it is personal and that which cannot be passed
to his heirs.
The Court held that the jurisdiction of the court had attached before
the death of Santos and the same jurisdiction continues until the
termination of the suit. Death will not dislodge jurisdiction on the
money claim - it subsists. The court went on the merits despite the
death of the deceased with the case pending.

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Doctrine of Alter Ego

Definition: A doctrine based upon the misuse of a corporation by an
individual for wrongful or inequitable purposes, and in such case the
court merely disregards the corporate entity and holds the individual
responsible for acts knowingly and intentionally done in the name of
the corporation. The doctrine imposes upon the individual who uses a
corporation merely as an instrumentality to conduct his own business
liability as a consequence of fraud or injustice perpetuated not on the
corporation, but on third persons dealing with the corporation.
Cases: Sulo ng Bayan, Inc. vs. Araneta, Inc. GR L- 31061.
It is a doctrine well established and obtains both at law and in equity
that a corporation is a distinct legal entity to be considered as
separate and apart from the individual stock holders or members who
compose it, and is not affected by the personal rights, obligations, and
transactions of its stockholders or members. The property of the
corporation is its property and not that of the stockholders, as owners,
although they have equities in it. Properties registered in the name of
the corporation ordinarily have no interest in the individual property of
its stockholders unless transferred to the corporation, "even in the
case of a one-man corporation." The mere fact that one is president of
a corporation does not render that property which he owns or
possesses the property of the corporation, since the president, as
individual, and the corporation are separate similarities. Similarly,
stockholders in a corporation engaged in buying and dealing in real
estate whose certificates of stock entitled the holder thereof to an
allotment in the distribution of the land of the corporation upon
surrender of their stock certificates were considered not to have such
legal or equitable title or interest in the land, as would support a suit
for title, especially against parties other than the corporation.
Concept Builders, Inc. vs NLRC GR 108734.
It is a fundamental principle of corporation law that a corporation is an
entity separate and distinct from its stockholders and from other
corporations to which it may be connected. But, this separate and
distinct personality of a corporation is merely a fiction created by law
for convenience and to promote justice. So, when the notion of
separate juridical personality is used to defeat public convenience,
justify wrong, protect fraud or defend crime, or is used as a device to

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defeat the labor laws, this separate personality of the corporation may
be disregarded or the veil of corporate fiction pierced. This is true
likewise when the corporation is merely an adjunct, a business conduit
or an alter ego of another corporation. The conditions under which the
juridical entity may be disregarded vary according to the peculiar facts
and circumstances of each case. No hard and fast rule can be
accurately laid down, but certainly, there are some probative factors of
identity that will justify the application of the doctrine of piercing the
corporate veil, to wit: (1) Stock ownership by one or common
ownership of both corporations; (2) Identity of directors and officers;
(3) The manner of keeping corporate books and records; and (4)
Methods of conducting the business. The SEC en banc explained the
"instrumentality rule" which the courts have applied in disregarding the
separate juridical personality of corporations as "Where one
corporation is so organized and controlled and its affairs are
conducted so that it is, in fact, a mere instrumentality or adjunct of the
other, the fiction of the corporate entity of the "instrumentality" may be
disregarded. The control necessary to invoke the rule is not majority or
even complete stock control but such domination of instances, policies
and practices that the controlled corporation has, so to speak, no
separate mind, will or existence of its own, and is but a conduit for its
principal.
It must be kept in mind that the control must be shown to have been
exercised at the time the acts complained of took place. Moreover, the
control and breach of duty must proximately cause the injury or unjust
loss for which the complaint is made." The test in determining the
applicability of the doctrine of piercing the veil of corporate fiction is as
(1) Control, not mere majority or complete stock control, but complete
domination, not only of finances but of policy and business practice in
respect to the transaction attacked so that the corporate entity as to
this transaction had at the time no separate mind, will or existence of
its own; (2) Such control must have been used by the defendant to
commit fraud or wrong, to perpetuate the violation of a statutory or
other positive legal duty or dishonest and unjust act in contravention of
plaintiff's legal rights; and (3) The aforesaid control and breach of duty
must proximately cause the injury or unjust loss complained of. The
absence of any one of these elements prevents "piercing the
corporate veil." In applying the "instrumentality" or "alter ego" doctrine,
the courts are concerned with reality and not form, with how the

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corporation operated and the individual defendant's relationship to that

operation. Thus the question of whether a corporation is a mere alter
ego, a mere sheet or paper corporation, a sham or a subterfuge is
purely one of fact.

Doctrine of Privity of Contract

Definition: This doctrine provides that a contract cannot confer rights
or impose obligations arising under it on any person or agent except
the parties to it. The basic premise is that only parties to contracts
should be able to sue to enforce their rights or claims to damages as
such.
Cases: Marquez and Gutierrez Lora vs. Varela and Varela G.R. No.
L-4845.
The principle underlying defendants' objection is one of substantive
law, recognized under common law, where no one could sue for a
breach of a contract who was not a party thereto, and the action
allowed to be brought only in the name of the one holding the legal
title. The requirement was based upon the doctrine of privity of
contract.
Yu vs. CA G.R. 86683.
Honorable Cesar V. Alejandria, Presiding Judge said: Resolving
plaintiff's motion embodied in the complaint for the issuance of a writ
of preliminary injunction after hearing, but without prejudging the
merits of the case, and finding from the evidences adduced by the
plaintiff, that the terms and conditions of the agency agreement,
Exhibit "A-inj." between the plaintiff and The House of Mayfair of
England for the exclusive distributorship by the plaintiff of the latter's
goods, apertain to them; that there is no privity of contract between
the plaintiff and the defendant; that the controversy in this case arose
from a breach of contract by the FNF Trading of Germany, for having
shipped goods it had purchased from The House of Mayfair to the
Philippines; The House of Mayfair was demanding payment of
4,500.00 from the FNF Trading for restitution of plaintiff's alleged loss
on account of the shipment of the goods in question here in the
Philippines and now in the possession of the defendant; it appears to
the Court that to restrain the defendant from selling the goods it has

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ordered from the FNF Trading of Germany, would be without legal

justification.
Doctrine of indefeasibility of torrens titles
Definition: A doctrine that a certificate of title, once registered, should
not thereafter be impugned, altered, changed, modified, enlarged or
diminished except in a direct proceeding permitted by law.
Case:De Pedro vs Romasan GR 158002. According to the report, the
land claimed by the petitioners was covered by the title under the
name of respondent corporation, the petitioners' claim for damages
had no leg to stand on.

Doctrine of Mortgagee in Good Faith

Definition: The rule that all persons dealing with property covered by
a Torrens Certificate of Title, as buyers or mortgagees, are not
required to go beyond what appears on the face of the title. The public
interest in upholding the indefeasibility of a certificate of title, as
evidence of the lawful ownership of the land or of any encumbrance
thereon, protects a buyer or mortgagee who, in good faith, relied upon
what appears on the face of the certificate title.
Cases: Cavite Devt. Bank vs. Sps. Lim GR 131679.
Despite the fact that the mortgagor is not the owner of the mortgaged
property, his title being fraudulent, the mortgage contract and any
foreclosure sale arising therefrom are given effect by reason of public
policy. This is the doctrine of "the mortgagee in good faith". This
principle is cited by petitioners in claiming that, as a mortgagee bank,
it is not required to make a detailed investigation of the history of the
title of the property given as security before accepting a mortgage.
Bank of Commerce vs. Spouses San Pablo GR 167848.
A mortgagee has a right to rely in good faith on the certificate of title of
the mortgagor of the property given as security, and in the absence of
any sign that might arouse suspicion, the mortgagee has no obligation
to undertake further investigation. This doctrine pre-supposes,
however, that the mortgagor, who is not the rightful owner of the
property, has already succeeded in obtaining Torrens title over the
property in his name and that, after obtaining the said title, he

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succeeds in mortgaging the property to another who relies on what

appears on the title. This is not the situation in the case at bar since
Santos was not the registered owner for he merely represented
himself to be the attorney-in-fact of the spouses San Pablo. In cases
where the mortgagee does not directly deal with the registered owner
of real property, the law requires that a higher degree of prudence be
exercised by the mortgagee.
Doctrine of Clean Hands
Definition: A person who has acted wrongly, either morally or legally,
will not be helped by a court when complaining about the actions of
someone else.
A legal doctrine which is a defense to a complaint, which states that a
party who is asking for a judgment cannot have the help of the court if
he/she has done anything unethical in relation to the subject of the
lawsuit. Thus, if a defendant can show the plaintiff had "unclean
hands," the plaintiff’s complaint will be dismissed or the plaintiff will be
denied judgment. Unclean hands is a common "affirmative defense"
pleaded by defendants, which must be proved by the defendant.
Case: Nancy L. Ty v. Banco Filipino Savings and Mortgage Bank,
G.R. No. 188302, June 27, 2012.
An implied trust could not have been formed between the Bank and
Tala as this Court has held that "where the purchase is made in
violation of an existing statute and in evasion of its express provision,
no trust can result in favor of the party who is guilty of the fraud.
The bank cannot use the defense of nor seek enforcement of its
alleged implied trust with Tala since its purpose was contrary to law.
As admitted by the Bank, it "warehoused" its branch site holdings to
Tala to enable it to pursue its expansion program and purchase new
branch sites including its main branch in Makati, and at the same time
avoid the real property holdings limit under Sections 25(a) and 34 of
the General Banking Act which it had already reached x x x .
Clearly, the Bank was well aware of the limitations on its real estate
holdings under the General Banking Act and that its "warehousing
agreement" with Tala was a scheme to circumvent the limitation.
Thus, the Bank opted not to put the agreement in writing and call a
spade a spade, but instead phrased its right to reconveyance of the

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subject property at any time as a "first preference to buy" at the "same

transfer price". This agreement which the Bank claims to be an implied
trust is contrary to law. Thus, while we find the sale and lease of the
subject property genuine and binding upon the parties, we cannot
enforce the implied trust even assuming the parties intended to create
it. In the words of the Court in the Ramos case, "the courts will not
assist the payor in achieving his improper purpose by enforcing a
resultant trust for him in accordance with the 'clean hands' doctrine."
The Bank cannot thus demand reconveyance of the property based
on its alleged implied trust relationship with Tala.
The Bank and Tala are in pari delicto, thus, no affirmative relief should
be given to one against the other. The Bank should not be allowed to
dispute the sale of its lands to Tala nor should Tala be allowed to
further collect rent from the Bank. The clean hands doctrine will not
allow the creation or the use of a juridical relation such as a trust to
subvert, directly or indirectly, the law. Neither the Bank nor Tala came
to court with clean hands; neither will obtain relief from the court as
the one who seeks equity and justice must come to court with clean
hands.
Serrano vs. NSDB 10 SCRA 626.
He who comes into equity must come in clean hands

Doctrine of part performance

Definition:An equitable principle that allows a court to recognize and
enforce an oral contract despite its legal deficiencies and provides a
way around the statutory bar to the enforcement of an oral contract.
By applying the doctrine, a party can establish the existence of a
contract despite the lack of any written evidence. Generally, without
written evidence, a contract does not satisfy the formal requirements
set by the legislature under the statute of frauds. The doctrine is an
exemption to this as it allows failure to comply with the statute of
frauds to be overcome by a party's execution, in reliance on an
opposing party's oral promise, of an oral contract's requirement.
Cases: Rosario Carbonnel v.Jose Poncio, Ramon Infante, and Emma
Infante, G.R. No. L-11231, May 12, 1958.

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Subject to a rule to the contrary followed in a few jurisdictions, it is the

accepted view that part performance of a parol contract for the sale of
real estate has the effect, subject to certain conditions concerning the
nature and extent of the acts constituting performance and the right to
equitable relief generally, of taking such contract from the operation of
the statute of frauds, so that chancery may decree its specific
performance or grant other equitable relief. It is well settled in Great
Britain and in this country, with the exception of a few states, that a
sufficient part performance by the purchaser under a parol contract for
the sale of real estate removes the contract from the operation of the
statute of frauds.
The true basis of the doctrine of part performance according to the
overwhelming weight of authority, is that it would be a fraud upon the
plaintiff if the defendant were permitted to escape performance of his
part of the oral agreement after he has permitted the plaintiff to
perform in reliance upon the agreement. The oral contract is enforced
in harmony with the principle that courts of equity will not allow the
statute of frauds to be used as an instrument of fraud. In other words,
the doctrine of part performance was established for the same
purpose for which, the statute of frauds itself was enacted, namely, for
the prevention of fraud, and arose from the necessity of preventing the
statute from becoming an agent of fraud for it could not have been the
intention of the statue to enable any party to commit a fraud with
impunity.
When the party concerned has pleaded partial performance, such
party is entitled to a reasonable chance to; establish by parol evidence
the truth of this allegation, as well as the contract itself. "The
recognition of the exceptional effect of part performance in taking an
oral contract out of the statute of frauds involves the principle that oral
evidence is admissible in such cases to prove both the contract and
the part performance of the contract".
Marta C. Ortega v. Gabriel Leonardo, G.R. No. L-11311, May 28,
1958.
"The continuance in possession may, in a proper case, be sufficiently
referable to the parol contract of sale to constitute a part performance
thereof. There may be additional acts or peculiar circumstances which
sufficiently refer the possession to the contract. Continued possession
under an oral contract of sale, by one already in possession as a

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tenant, has been held a sufficient part performance, where

accompanied by other acts which characterize the continued
possession and refer it to the contract of purchase. Especially is this
true where the circumstances of the case include the making of
substantial, permanent, and valuable improvements."

It is also stated that "The making of valuable permanent

improvements on the land by the purchaser, in pursuance of the
agreement and with the knowledge of the vendor, has been said to be
the strongest and the most unequivocal act of part performance by
which a verbal contract to sell land is taken out of the statute of frauds,
and is ordinarily an important element in such part performance.
Possession by the purchaser under a parol contract for the purchase
of real property, together with his making valuable and permanent
improvements on the property which are referable exclusively to the
contract, in reliance on the contract, in the honest belief that he has a
right to make them, and with the knowledge and consent or
acquiescence of the vendor, is deemed a part performance of the
contract. The entry into possession and the making of the
improvements are held on amount to such an alteration in the
purchaser's position as will warrant the court's entering a degree of
specific performance."
Again, it is stated that "A tender or offer of payment, declined by the
vendor, has been said to be equivalent to actual payment, for the
purposes of determining whether or not there has been a part
performance of the contract. This is apparently true where the tender
is by a purchaser who has made improvements. But the doctrine now
generally accepted, that not even the payment of the purchase price,
without something more, is a sufficient part performance.
And the relinquishment of rights or the compromise thereof has
likewise been held to constitute part performance.
In the light of the above four paragraphs, it would appear that the
complaint in this case described several circumstance indicating
partial performance: relinquishment of rights continued possession,
building of improvements, tender of payment plus the surveying of the
lot at plaintiff's expense and the payment of rentals.

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Hence, as there was partial performance, the principle excluding parol

contracts for the sale of realty, does not apply.
The judgment will accordingly be reversed and the record remanded
for further proceedings. With costs against appellee.

Doctrine of Immutability and Inalterability of a Final Judgment

Definition: Once a judgment has become final and executory, it can
no longer be disturbed, altered or modified. The court loses jurisdiction
over the judgment to amend (except for clerical errors) or alter the
same but it retains jurisdiction to execute it during the its lifetime. The
doctrine that has a two-fold purpose: 1) to avoid delay in the
administration of justice and thus, procedurally, to make orderly the
discharge of judicial business and 2) to put an end to judicial
controversies, at the risk of occasional errors, which is precisely why
courts exist. The doctrine admits several exceptions, like: (1) the
correction of clerical errors; (2) the so-called nunc pro tunc entries that
cause no prejudice to any party; (3) void judgments; and (4) whenever
circumstances transpire after the finality of the decision rendering its
execution unjust and inequitable.

Cases: Land Bank of the Philippines v. Hermin Arceo, Romeo L.

Santos, Macario A. Ignacio, Agnes D.C. Marquez and Rodel V. Dela
Cruz, G.R. No. 158270, July 21, 2008
When a final judgment is executory, it becomes immutable and
unalterable. It may no longer be modified in any respect either by the
court which rendered it or even by this Court. The doctrine is founded
on considerations of public policy and sound practice that, at the risk
of occasional errors, judgments must become final at some definite
point in time.

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The doctrine of immutability and inalterability of a final judgment has a

two-fold purpose: (1) to avoid delay in the administration of justice and
thus, procedurally, to make orderly the discharge of judicial business
and (2) to put an end to judicial controversies, at the risk of occasional
errors, which is precisely why courts exist. Controversies cannot drag
on indefinitely. The rights and obligations of every litigant must not
hang in suspense for an indefinite period of time.
Records reveal that the RTC decision had attained finality. Per
certification issued by the Postmaster of San Fernando, Pampanga,
petitioner LBP received a copy of the RTC decision on December 3,
2001. It had fifteen (15) days, or until December 18, 2001, to file a
motion for reconsideration or to appeal the RTC decision. Petitioner
filed a motion for reconsideration only on December 20, 2001, or two
(2) days beyond the reglementary period. At that time, the RTC
decision was already final and executory. It is well-settled that court
orders and decisions become final and executory by operation of law.
It is the lapse of time which renders a court decision final and
immutable.
Tan Tiac Chiong v. Costco, A.M. No. CA-02-33, July 31, 2002, 385
SCRA 509.
The Court, in dismissing the administrative complaint filed against CA
Justice Rodrigo Cosico, necessarily sustained the recall of the entry of
judgment made by Justice Cosico, as ponente, in a criminal case
appealed to the CA. The Court explained that the recall of entry of
judgment might have been an error of judgment, for which no judge
should be administratively charged, in the absence of showing of any
bad faith, malice, or corrupt purpose. It noted that Justice Cosico had
recalled the entry of judgment to afford due process to the accused,
because the CA decision had been sent to the house of the counsel of
the accused but had been returned with the notation "Moved Out."
The CA was thus prompted to resend the decision to the counsel's
new address, thereby allowing the accused to file a motion for
reconsideration.
Doctrine of Res Judicata
Definition: The Latin term for "a matter already judged", and may
refer to two things: in both civil law and common law legal systems, a
case in which there has been a final judgment and is no longer subject

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to appeal. The term is also used to refer to the legal doctrine meant to
bar (or preclude) continued litigation of such cases between the same
parties, which is different between the two legal systems. In this latter
usage, the term is synonymous with "preclusion".
In the application of the doctrine of res judicata, if it is doubtful whether
a second action is for the same cause of action as the first, the test
generally applied is to consider the Identity of facts essential to their
maintenance, or whether the same evidence would sustain both. If the
same facts or evidence would sustain both, the two actions are
considered the same within the rule that the judgment in the former is
a bar to the subsequent action. If, however, the two actions rest upon
different states of facts, or if different proofs would be required to
sustain the two actions, a judgment in one is no bar to the
maintenance of the other.
There are two kinds of res judicata: FIRST, bar by prior judgement (b);
and SECOND, conclusiveness of judgment (c). The elements of the
said doctrine are:
(1) a former final judgment rendered on the merits;
(2) the court must have had jurisdiction over the subject matter and
the parties; and
(3) identity of parties, subject matter and cause of action between
the first and second actions.
Cases: Spouses Rodolfo A. Noceda and Ema T. Noceda v. Aurora
Arbizo-Directo, G.R. No. 178495, July 26, 2010.
The principle of res judicata lays down two main rules, namely: (1) the
judgment or decree of a court of competent jurisdiction on the merits
concludes the litigation between the parties and their privies and
constitutes a bar to a new action or suit involving the same cause of
action either before the same or any other tribunal; and (2) any right,
fact, or matter in issue directly adjudicated or necessarily involved in
the determination of an action before a competent court in which a
judgment or decree is rendered on the merits is conclusively settled by
the judgment therein and cannot again be litigated between the parties
and their privies whether or not the claims or demands, purposes, or
subject matters of the two suits are the same. These two main rules
mark the distinction between the principles governing the two typical

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cases in which a judgment may operate as evidence. The first general

rule above stated, and which corresponds to the afore-quoted
paragraph (b) of Section 47, Rule 39 of the Rules of Court, is referred
to as "bar by former judgment"; while the second general rule, which is
embodied in paragraph (c) of the same section and rule, is known as
"conclusiveness of judgment."
Under the principle of conclusiveness of judgment, such material fact
becomes binding and conclusive on the parties. When a right or fact
has been judicially tried and determined by a court of competent
jurisdiction, or when an opportunity for such trial has been given, the
judgment of the court, as long as it remains unreversed, should be
conclusive upon the parties and those in privity with them.[13] Thus,
petitioners can no longer question respondent’s ownership over Lot
No. 1121 in the instant suit for quieting of title. Simply put,
conclusiveness of judgment bars the relitigation of particular facts or
issues in another litigation between the same parties on a different
claim or cause of action.
Furthermore, we agree that petitioners instituted the instant action with
unclean hands. Aware of their defeat in the previous case, they
attempted to thwart execution and assert their alleged ownership over
the land through their purported purchase of a lot from Cecilia Obispo-
Dahipon. This later transaction appears to be suspect. A perusal of
G.R. No. 119730 reveals that the Court was not unaware of Dahipon's
alleged claim over the same parcel of land. It noted that Dahipon did
not even bother to appear in court to present her free patent upon
respondent's request, or to intervene in the case, if she really had any
legitimate interest over the land in question. [15] In any event,
petitioners' assertion of alleged good title over the land cannot stand
considering that they purchased the piece of land from Dahipon
knowing fully well that the same was in the adverse possession of
another.
Thus, we find no reversible error in the appellate court's ruling that
petitioners are in fact buyers in bad faith.
Calalang v. Register of Deeds of Quezon City, G.R. Nos. 76265 and
83280, March 11, 1994, 231 SCRA 88.
The second concept — conclusiveness of judgment — states that a
fact or question which was in issue in a former suit and was there

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judicially passed upon and determined by a court of competent

jurisdiction, is conclusively settled by the judgment therein as far as
the parties to that action and persons in privity with them are
concerned and cannot be again litigated in any future action between
such parties or their privies, in the same court or any other court of
concurrent jurisdiction on either the same or different cause of action,
while the judgment remains unreversed by proper authority. It has
been held that in order that a judgment in one action can be
conclusive as to a particular matter in another action between the
same parties or their privies, it is essential that the issue be identical.
If a particular point or question is in issue in the second action, and the
judgment will depend on the determination of that particular point or
question, a former judgment between the same parties or their privies
will be final and conclusive in the second if that same point or question
was in issue and adjudicated in the first suit (Nabus v. Court of
Appeals, 193 SCRA 732 [1991]). Identity of cause of action is not
required but merely identity of issue.

Principle of Abuse of Rights

Definition: The principle of abuse of rights is found under Articles 19,
20 and 21 of the Civil Code of the Philippines, which states that:
Art. 19. "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. 20. "Every person who, contrary to law, wilfully or negligently
causes damage to another, shall indemnify the latter for the same.
Art. 21. "Any person who wilfully causes loss or injury to another in
manner that is contrary to morals, good customs or public policy shall
compensate the latter for the damage."
When a right is exercised in a manner which does not conform with
the norms enshrined in Article 19 and results in damage to another, a
legal wrong is thereby committed for which the wrongdoer must be
held responsible. Although the requirements of each provision is
different, these three (3) articles are all related to each other.
The elements of an abuse of right under Article 19 are the following:
(1) There is a legal right or duty; (2) which is exercised in bad faith; (3)

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for the sole intent of prejudicing or injuring another. Article 20 speaks

of the general sanction for all other provisions of law which do not
especially provide for their own sanction. Thus, anyone who, whether
willfully or negligently, in the exercise of his legal right or duty, causes
damage to another, shall indemnify his victim for injuries suffered
thereby. Article 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, good custom, public order, or public policy; 3) and
it is done with intent to injure. Thus, under any of these three (3)
provisions of law, an act which causes injury to another may be made
the basis for an award of damages.
Of the three articles, Art. 19 was intended to expand the concept of
torts by granting adequate legal remedy for the untold number of
moral wrongs which is impossible for human foresight to provide
specifically in statutory law. If mere fault or negligence in one's acts
can make him liable for damages for injury caused thereby, with more
reason should abuse or bad faith make him liable. The absence of
good faith is essential to abuse of right. Good faith is an honest
intention to abstain from taking any unconscientious advantage of
another, even through the forms or technicalities of the law, together
with an absence of all information or belief of fact which would render
the transaction unconscientious. In business relations, it means good
faith as understood by men of affairs.
While Article 19 may have been intended as a mere declaration of
principle, the "cardinal law on human conduct" expressed in said
article has given rise to certain rules, e.g. that where a person
exercises his rights but does so arbitrarily or unjustly or performs his
duties in a manner that is not in keeping with honesty and good faith,
he opens himself to liability.
Article 19 of the Civil Code, sets certain standards which may be
observed not only in the exercise of one's rights but also in the
performance of one's duties. These standards are the following: to act
with justice; to give everyone his due; and to observe honesty and
good faith. The law, therefore, recognizes the primordial limitation on
all rights: that in their exercise, the norms of human conduct set forth
in Article 19 must be observed. A right, though by itself legal because
recognized or granted by law as such, may nevertheless become the
source of some illegality.

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Cases: Globe Mackay Cable and Radio Corporation v. Court of

Appeals, 257 Phil. 783 (1989).
It was elucidated that while Article 19 "lays down a rule of conduct for
the government of human relations and for the maintenance of social
order, it does not provide a remedy for its violation. Generally, an
action for damages under either Article 20 or Article 21 would be
proper."
The Court said: One of the more notable innovations of the New Civil
Code is the codification of "some basic principles that are to be
observed for the rightful relationship between human beings and for
the stability of the social order." The framers of the Code, seeking to
remedy the defect of the old Code which merely stated the effects of
the law, but failed to draw out its spirit, incorporated certain
fundamental precepts which were "designed to indicate certain norms
that spring from the fountain of good conscience" and which were also
meant to serve as "guides for human conduct [that] should run as
golden threads through society, to the end that law may approach its
supreme ideal, which is the sway and dominance of justice." (Id.)
Foremost among these principles is that pronounced in Article 19
which provides:
Art. 19. 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.
This article, known to contain what is commonly referred to as the
principle of abuse of rights, sets certain standards which must be
observed not only in the exercise of one's rights, but also in the
performance of one's duties. These standards are the following: to act
with justice; to give everyone his due; and to observe honesty and
good faith. The law, therefore, recognizes a primordial limitation on all
rights; that in their exercise, the norms of human conduct set forth in
Article 19 must be observed. A right, though by itself legal because
recognized or granted by law as such, may nevertheless become the
source of some illegality. When a right is exercised in a manner which
does not conform with the norms enshrined in Article 19 and results in
damage to another, a legal wrong is thereby committed for which the
wrongdoer must be held responsible. But while Article 19 lays down a
rule of conduct for the government of human relations and for the
maintenance of social order, it does not provide a remedy for its

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violation. Generally, an action for damages under either Article 20 or

Article 21 would be proper.
Republic, et al. v. Lacap, G.R. No. 158253, March 2, 2007.
The SC had the occasion to once again say that Article 22, NCC was
formulated as basic principles to be observed for the rightful
relationship between human beings and for the stability of the social
order, designated to indicate certain norms that spring from the
fountain of good conscience, guides human conduct that should run
as golden threads through society to the end that law may approach
its supreme ideal which is the sway and dominance of justice. Since
respondent had rendered services to the full satisfaction and
acceptance by petitioner, then the former should be compensated for
them. To allow petitioner to acquire the finished project at no cost
would undoubtedly constitute unjust enrichment for the petitioner to
the prejudice of respondent. Such unjust enrichment is not allowed by
law.
In this case, the respondent undertook works for the government,
made advances for the purchase of materials and payment for labor
costs. The State however refused to pay on the ground that it had an
expired license at the time of the execution of the contract Despite the
same, it is entitled to be paid for completed projects.

Doctrine of mobilia sequuntur

Definition: Doctrine holding that personal property held by a person is
governed by the same law that governs that person, so that if a
person who is legally domiciled in one jurisdiction dies with property in
a second jurisdiction, that property is legally treated as though it were
in the first jurisdiction.
Cases: Wells Fargo v. Collector, 70 Phil 325.
This case involves the collection of inheritance taxes on shares of
stock issued by the Benguet Consolidated Mining Corporation and
owned by Lillian Eye. Said shares were already subjected to
inheritance taxes in California and are now being taxed by Philippine
authorities. Originally, the settled law in the United States is that
intangibles have only one situs for the purpose of inheritance tax - the
domicile of the decedent at the time of death. But this rule has, of late,

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been relaxed. The maxim mobilia sequuntur personam, upon which

the rules rests, has been decried as a mere fiction of law having its
origin in considerations of general convenience and public policy and
cannot be applied to limit or control the right of the State to tax
property within its jurisdiction. It must yield to established fact of legal
ownership, actual presence and control elsewhere, and cannot be
applied if to do so would result in inescapable and patent injustice.
The relaxation of the original rule rests on either of two fundamental
considerations:
1. Upon the recognition of the inherent power of each government to
tax persons, properties and rights within its jurisdiction and enjoying
the protection of its laws; or
2. Upon the principle that as to intangibles, a single location in space
is hardly possible, considering the multiple, distinct relationships which
may be entered into with respect thereto.
The actual situs of the shares of stock is in the Philippines, the
corporation being domiciled therein. And besides, the certificates of
stock have remained in this country up to the time when the deceased
died in California, and they were in the possession of the secretary of
the Benguet Corporation. The secretary had the right to vote, collect
dividends, among others. For all practical purposes, the secretary had
legal title to the certificates of stock held in trust for Eye. Eye extended
in the Philippines her activities re: her intangible personal property so
as to avail herself of the protection and benefits of the Philippine laws.
The Collector of Internal Revenue v. Antonio Campos Rueda, G.R.
No. L-13250, October 29, 1971.
The Board found from the documents submitted to it — proof of the
laws of Liechtenstein — that said country does not impose estate,
inheritance and gift taxes on intangible property of Filipino citizens not
residing in that country. Wherefore, the Board declared that pursuant
to the exemption above established, no estate or inheritance taxes
were collectible, Ludwig Kiene being a resident of Liechtestein when
he passed away." 20 Then came this definitive ruling: "Tbe Collector
— hereafter named the respondent — cites decisions of the United
States Supreme Court and of this Court, holding that intangible
personal property in the Philippines belonging to a non-resident
foreigner, who died outside of this country is subject to the estate tax,

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in disregard of the principle 'mobilia sequuntur personam'. Such

property is admittedly taxable here. Without the proviso above quoted,
the shares of stock owned here by the Ludwig Kiene would be
concededly subject to estate and inheritance taxes. Nevertheless our
Congress chose to make an exemption where conditions are such that
demand reciprocity — as in this case. And the exemption must be
honored."
Doctrine of aequitas nunquam contravent legis
Definition: Equity never acts in contravention of the law.
Case: Air Philippines Corporation v. International Business Aviation
Services Phils., Inc. G.R. No. 151963, September 9, 2004.
The interests of justice require that positive law be equally observed.
Petitioner has not sufficiently proved the injustice of holding it liable for
the negligence of its counsel. On the contrary, there is a
preponderance of evidence to demonstrate that both law and justice
demand otherwise. Much leniency has already been shown by the
lower court to petitioner, but "aequetas nunquam contravenit legis."
Equity never contravenes the law. For these reasons, the rendition of
an unfavorable judgment against petitioner by reason of its counsel's
simple negligence is therefore apropos. To hold otherwise and grant a
new trial will never put an end to any litigation," as there is a new
counsel to be hired every time it is shown that the prior one had not
been sufficiently diligent, experienced or learned."

Doctrine of Attractive Nuissance

Definition: A person who maintains in his premises a dangerous
instrumentality of a character which is attractive to children if tender
years at play and who fails to exercise due diligence to prevent such
children from playing therewith or resorting thereto, is liable to a child
who is injured thereby, even if the child is technically a trespasser.
The principle reason for the doctrine is that the condition or appliance
in question although its danger is apparent to those of age, is so
enticing or alluring to children of tender years as to induce them to
approach, get on or use it, and this attractiveness is an implied
invitation to such children

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Case: Hidalgo Enterprises Inc. v. Guillermo Balandan, Anselma Anila

and The Court of Appeals, G.R. No. L-3422,June 13, 1952.
The doctrine of attractive nuisance states that "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. American Jurisprudence
shows us that the attractive nuisance doctrine generally is not
applicable to bodies of water, artificial as well as natural, in the
absence of some unusual condition or artificial feature other than the
mere water and its location. In the case bar, the tanks themselves
cannot fall under such doctrine thus the petitioners cannot be held
liable for Mario's death.
In Articulo Mortis
Definition: The translation of articulo mortis is "at the point of death"
or "in the moment of death" and a marriage in articulo mortis is a
marriage that is performed when either the bride or groom is at the
point of death and unable to sign a marriage license application or
certificate.
Some locales allow these marriages to be solemnized without a
marriage license and to be solemnized by a ship captain, an airplane
pilot, or a military commander.
Cases: De Loria v Felix G.R. No. L-9005, June 20, 1958.
The marriage in Articulo Mortis is valid. The law permits in articulo
mortis marriages, without marriage license; but it requires the priest to
make the affidavit and file it. Such affidavit contains the data usually
required for the issuance of a marriage license. The first practically
substitutes the latter. Now then, if a marriage celebrated without the
license is not voidable (under Act 3613) this marriage should not also
be voidable for lack of such affidavit.
People v. Bautista G.R. No. 117685. June 21, 1999.
A dying declaration, also known as an ante mortem statement or a
statement in articulo mortis, is admissible under the following
requisites: (1) that death is imminent and the declarant is conscious of
that fact; (2) that the declaration refers to the cause and surrounding

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circumstances of such death; (3) that the declaration relates to facts

which the victim is competent to testify to; and (4) that the declaration
is offered in a case wherein the declarant's death is the subject of the
inquiry.
In the case at bar, the trial court correctly rejected the ante mortem
statement of the victim. Records show that Jose Gagaza, Jr., the
person who allegedly heard the victim's ante mortem statement, was
never presented in court to testify on the matter. It has been held that
if the dying declaration was made orally, it may be proved by the
testimony of the witness who heard the same or to whom it was made.

Doctrine of Triennial Cohabitation

Definition: A doctrine of common law, which declares the
presumption that the husband is impotent should the wife still remain a
virgin after living together with the husband for three years. This is in
contrast to the general presumption under our law in favor of potency.
Case: Tompkins v. Tompkins 92 NJ. Eq. 113 111 Atl. 599.
The court held that under the doctrine of triennial cohabitation, the
husband In this case is presumed to be impotent. The claim of the
husband that the wife did not want carnal intercourse is hard to
believe. Such solicitation of a groom is noble; of a husband, heroic.
The husband's plea does not inspire confidence. Common experience
discredits it. And if in fact he had the physical power and refrained
from sexual intercourse during the five years he occupied the same
bed with his wife, purely out of sympathy for her feelings, he deserves
to be doubted for not having asserted his rights, even though she
balked. The presumption of impotency has not been overcome, and
the decree of annulment will be granted.
Lex Loci Contractus
Definition: The law of the place where the contract was made.
Case: Zalanea vs. Court of Appeals, 228 SCRA 23.
This Court applied the doctrine of lex loci contractus. According to the
doctrine, as a general rule, the law of the place where a contract is
made or entered into governs with respect to its nature and validity,
obligation and interpretation. This has been said to be the rule even

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though the place where the contract was made is different from the
place where it is to be performed, and particularly so, if the place of
the making and the place of performance are the same. Hence, the
court should apply the law of the place where the airline ticket was
issued, when the passengers are residents and nationals of the forum
and the ticket is issued in such State by the defendant airline.

Doctrine of Ultra Vires

Definition: A corporation is a creature of the law and has only such
powers and privileges as are granted by the State - the ultra vires
doctrine is a product of the theory of concession; it upholds the
fiduciary duty of directors and officers to the stockholders or members
- such duty dictates that the corporation engage only in transactions to
which the stockholders and members bind themselves by way of the
provisions of the purposes clause. This is also necessarily include an
obligation not to enter into transactions which violate the law.
Whether the act in question is in direct and immediate furtherance of
the corporation's business, fairly incident to the express powers and
reasonably necessary to their exercise. The strict terms "direct and
immediate" refers to the business of the corporation while the liberal
terms "fairly incident" and "reasonably necessary" with reference to
the powers of the corporation. With regard to the business of the
corporation as the reference point, much latitude is given to the
corporation to enter in to various contracts as long as they have
logical relation to the pursuit of such business. On the other hand,
when the purpose clause used limiting words that Court will hold such
corporation to such limited business.
Second Type of Ultra Vires:
When the President enters into speculative contracts, without prior
board approval, and without subsequent submission of those
contracts to the Board for approval or ratification, nor were the
transactions included in the reports of the corporation, such contracts
do not bind the corporation. It must be pointed out that the Board of
Directors, not the President, exercises corporate powers.
Cases: Atrium Management Corp. v. Court of Appeals. G.R. No.
109491. February 28, 2001.

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De Leon was authorized and such issuance is not an ultra vires act.
Ratio: De Leon as treasurer of the corporation is authorized to sign
checks for the corporation. As a rule, the act of issuing checks is
within the ambit of a valid corporate act. And securing a loan to
finance the activities of the corporation is not an ultra vires act. While
an ultra vires act is one committed outside the object or which a
corporation is created as defined by law of its organization and
therefore beyond the power conferred upon it by law, the act pertained
to in the case is not an illegal act. De Leon on the other hand was
negligent in confirming that such checks were issued to ET Henry as
payment for their company's debt with the former. That is why she
was held to be personally liable to Atrium.
Satie Alcan & Cie v.Imperial Vegetable Oil Co., Inc. 355 SCRA 559
(2001).
The grant or donation in question is remunerative in nature and was
given in consideration of the services rendered by the heirs' father to
the corporation. The donation has already been perfected such that
the corporation could no longer rescind it. It was embodied in a Board
Resolution. Representatives of the corporation and even its creditors
as the NDC have given their concurrence. The resolution was actually
carried out when the corporation and Estefania entered into an
agreement that the proceeds will be entered as a loan. Estefania
accepted the donation and such was recorded by the corporation. The
Board of Directors approved Estefania's purchase of the house in New
York. Company stockholders formally ratified the donation. The
donation was a corporate act carried out by the corporation not only
with the sanction of the Board of Directors but also of its stockholders.
The donation has reached a stage of perfection which is valid and
binding upon the corporation and cannot be rescinded unless there
exists legal grounds for doing so. The SEC opinion nor the
subsequent Board Resolution are not sufficient reasons to nullify the
donation. The donation is also not an ultra vires act. The corporation
was given broad and unlimited powers to carry out the purpose for
which it was organized which includes the power to (1) invest and deal
with corporate money not immediately required in such manner as
from time to time may be determined(2) aid in any other manner to
any person, association or corporation of which any obligation is held
by this corporation. The donation undoubtedly comes within the scope
of this broad power. An ultra vires act is (1) an act contrary to law,

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morals, or public order or contravene some rules of public policy or

duty It cannot acquire validity by performance, ratification, estoppel. It
is essentially void (2) those within the scope of the Articles of
Incorporation and not always illegal. It is merely voidable and may
become binding and enforceable when ratified by stockholders. Since
it is not contended that the donation is illegal or contrary to any of the
expressed provisions of the Articles of Incorporation nor prejudicial to
the creditors of the corporation, said donation even if ultra vires is not
void and if voidable, its infirmity has been cured by ratification and
subsequent acts of the corporation. The corporation is now estopped
or prevented from contesting the validity of the donation. To allow the
corporation to undo what it has done would be most unfair and
contravene the well-settled doctrine that the defense of ultra vires
cannot be se up or availed of in any completed transaction.

Trust Fund Doctrine

Definition: Considers the subscribed capital stock as a trust fund for
the payment of the debts of the corporation, to which the creditors
may look for satisfaction. Until the liquidation of the corporation, no
part of the subscribed capital stock may be turned over or released to
the stockholder (except in the redemption of the redeemable shares)
without violating this principle. Thus dividends must never impair the
subscribed capital stock; subscription commitments cannot be
condoned or remitted; nor can the corporation buy its own shares
using the subscribed capital as the consideration therefore.
Cases: Donnina C. Halley, v. Printwell, Inc., G.R. No. 157549, May
30, 2011.
Both the RTC and the CA applied the trust fund doctrine against the
defendant stockholders, including the petitioner.
The trust fund doctrine enunciates a rule that the property of a
corporation is a trust fund for the payment of creditors, but such
property can be called a trust fund 'only by way of analogy or
metaphor.’ As between the corporation itself and its creditors it is a
simple debtor, and as between its creditors and stockholders its
assets are in equity a fund for the payment of its debts. We clarify that
the trust fund doctrine is not limited to reaching the stockholder's
unpaid subscriptions. The scope of the doctrine when the corporation

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is insolvent encompasses not only the capital stock, but also other
property and assets generally regarded in equity as a trust fund for the
payment of corporate debts. All assets and property belonging to the
corporation held in trust for the benefit of creditors that were
distributed or in the possession of the stockholders, regardless of full
payment of their subscriptions, may be reached by the creditor in
satisfaction of its claim.
Also, under the trust fund doctrine ,a corporation has no legal capacity
to release an original subscriber to its capital stock from the obligation
of paying for his shares, in whole or in part,] without a valuable
consideration, or fraudulently, to the prejudice of creditors. The
creditor is allowed to maintain an action upon any unpaid
subscriptions and thereby steps into the shoes of the corporation for
the satisfaction of its debt. To make out a prima facie case in a suit
against stockholders of an insolvent corporation to compel them to
contribute to the payment of its debts by making good unpaid
balances upon their subscriptions, it is only necessary to establish that
the stock holders have not in good faith paid the par value of the
stocks of the corporation. To reiterate, the petitioner was liable
pursuant to the trust fund doctrine for the corporate obligation of BMPI
by virtue of her subscription being still unpaid. Print well, as BMPI's
creditor, had a right to reach her unpaid subscription in satisfaction of
its claim.
Boman Environmental Dev. Corp. v.CA, 167 SCRA 540 (1988).
The requirement of unrestricted retained earnings to cover the shares
is based on the trust fund doctrine which means that the capital stock,
property and other assets of a corporation are regarded as equity in
trust for the payment of corporate creditors. The reason is that
creditors of a corporation are preferred over the stockholders in the
distribution of corporate assets. There can be no distribution of assets
among the stockholders without first paying corporate creditors.
Hence, any disposition of corporate funds to the prejudice of creditors
is null and void.
Doctrine of Laches
Definition: The doctrine of laches or of “stale demands" is based
upon grounds of public policy which requires, for the peace of society,
the discouragement of stale claims and, unlike the statute of limitation,

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is not merely a question of time but is principally a question of the

inequity or unfairness of permitting a right or claim to been forced or
asserted. There is no absolute rule as to what constitutes laches or
staleness of demand; each case is to be determined according to its
particular circumstances. Ultimately, however, the question of laches
is addressed to the sound discretion of the court and, since it is an
equitable doctrine, its application is controlled by equitable
consideration.
Cases: Vda. de Tirona v. Encarnacion, GR 168902, 28 September
2007.
While jurisprudence is settled on the imprescriptibility and
indefeasibility of a Torrens tide, there is equally an abundance of
cases where we unequivocally ruled that registered owners may lose
their right to recover possession of property through the equitable
principle of laches. Laches means "the failure or neglect, for an
unreasonable and unexplained length of time, to do that which, by
exercising due diligence, could or should have been done earlier; it is
negligence or omission to assert a right within a reasonable time,
warranting the presumption that the party entitled to assert it either
has abandoned or declined to assert it. The defense of laches is an
equitable one and does not concern itself with the character of the
defendant's title, but only with whether or not by reason of plaintiff's
long inaction or inexcusable neglect, he should be barred from
asserting his claim at all, because to allow him to do so would be
inequitable and unjust to defendant. "Laches" has been defined as
"such neglect or omission to assert a right, taken in conjunction with
lapse of time and other circumstances causing prejudice to an
adverse party, as will operate as a bar in equity." It is a delay in the
assertion of a right "which works disadvantage to another" because of
the "inequity founded on some change in the condition or relations of
the property or parties." It is based on public policy which, for the
peace of society, ordains that relief will be denied to a stale demand
which otherwise could be a valid claim. It is different from and applies
independently of prescription. While prescription is concerned with the
fact of delay, laches is concerned with the effect of delay. Prescription
is a matter of time; laches is principally a question of inequity of
permitting a claim to been forced, this inequity being founded on some
change in the condition of the property or the relation of the parties.
Prescription is statutory; laches is not Laches applies in equity,

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whereas prescription applies at law. Prescription is based on a fixed

time, laches is not.

Llemos vs. Llemos, GR 150162, 26 January 2007.

It is a well-settled doctrine that laches cannot be used to defeat justice
or perpetuate fraud and injustice. Neither should its application be
used to prevent the rightful owners of a property from recovering what
has been fraudulently registered in the name of another.

Action of Reconveyance
Definition: Legal and equitable remedy granted to the rightful owner
of the land which has been wrongfully or erroneously registered in the
name of another for the purpose of compelling the latter to transfer or
reconvey the land to him.
Cases: Heirs ofSalonga Bituin, v Teofilo Caoleng, Sr., et al., GR
157567, 10 August 2007.
Well entrenched is the rule that an action for reconveyance prescribes
in ten years, the reckoning point of which is the date of registration of
the deed or the date of issuance of the certificate of title over the
property. In an action for reconveyance, the decree of registration is
highly regarded as incontrovertible. What is sought instead is the
transfer of the property or its title, which has been erroneously or
wrongfully registered in another person's name to its rightful or legal
owner, or to one who has a better right. However, in a number of
cases in the past, the Court declared that if the person claiming to be
the owner of the property is in actual possession thereof, the right to
seek reconveyance, which in effect seeks to quiet title to the property,
does not prescribe. The reason for this is that one who is in actual
possession of a piece of land claiming to be the owner thereof may
wait until his possession is disturbed or his title is attacked before
taking steps to vindicate his right, the rationale for the rule being that
his undisturbed possession provides him a continuing right to seek the
aid of a court of equity to ascertain and determine the nature of the
adverse claim of a third party and its effect on his own title, which right
can be claimed only by the one who is in possession.

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Crisostomo v. Garcia, 516 Phil. 743 (2006).

When property is registered in another's name, an implied or
constructive trust is created by law in favor of the true owner. The
action for reconveyance of the title to the rightful owner prescribes in
10 years from the issuance of the title. An action for reconveyance
based on implied or constructive trust prescribes in ten years from the
alleged fraudulent registration or date of issuance of the certificate of
title over the property.
It is now well settled that the prescriptive period to recover property
obtained by fraud or mistake, giving rise to an implied trust under Art.
1456 of the Civil Code, is 10 years pursuant to Art. 1144. This ten-
year prescriptive period begins to run from the date the adverse party
repudiates the implied trust, which repudiation takes place when the
adverse party registers the land.
Presumption of Survivorship
Definition: If there is a doubt, as between two or more persons who
are called to succeed each other, as to which of them died first,
whoever alleges the death of one prior to the other, shall prove the
same; in the absence of proof, it is presumed that they died at the
same time and there shall be no transmission of rights from one to the
other.
When two persons perish in the same calamity, such as a wreck,
battle, or conflagration and it is not shown who died first, and there are
no particular circumstances from which it can be inferred, the
survivorship is presumed the probabilities resulting from the strength
and age of the sexes, according to the following rules.
If both were under the age of fifteen years, the older is presumed to
have survived. If both were above the age of sixty, the younger is
presumed to have survived. If one be under fifteen and the other
above sixty, the former is presumed to have survived.
Case: Joaquin vs. Navarro. 93 Phil. 25.
Where the death of the mother and her son occurred during the
massacre of civilians in February, 1945 and at the time when Manila
was being bombarded during the war, the Supreme court upheld the
ruling of the trial court (which was reversed by the Court of Appeals)
that, from the evidence presented, the son died before the mother.

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Pertinently, it was based from the testimony of one of the witnesses of

the incident who was with Joaquin Navarro Jr., Mr. Lopez.

Doctrine of implications (necessary implications)

Definition: The doctrine of implications means that "that which is
plainly implied in the language of a statute is as much a part of it as
that which is expressed".
Cases: City of Manila and Treasurer vs. Judge Gomez. G.R. No. L-
37251. August 31, 1981.
The Supreme Court held that the doctrine of implications in statutory
construction and sustained the City of Manila's contention that the
additional one-half percent realty tax was sanctioned by the provision
in Section 4 of the Special Education Fund Law. The doctrine of
implications means that "that which is plainly implied in the language
of a statute is as much a part of it as that which is expressed”. The
obvious implication is that an additional one-half percent tax could be
imposed by municipal corporations. Inferentially, that law (the
ordinance) fixed at two percent the realty tax that would accrue to a
city or municipality. Section 4 of the Special Education Fund Law, as
confirmed by the Real Property Tax Code (later), in prescribing a total
realty tax of three percent impliedly authorized the augmentation by
one-half percent of the preexisting one and one- half percent realty
tax.
National Association of Trade Unions (NATU) v. Torres. G.R. No.
93468. December 29, 1994.
As regards the other claim of respondent Bank that Branch
Managers/OICs, Cashiers and Controllers are confidential employees,
having control, custody and/or access to confidential matters, e.g., the
branch's cash position, statements of financial condition, vault
combination, cash codes for telegraphic transfers, demand drafts and
other negotiable instruments, 23 pursuant to Sec. 1166.4 of the
Central Bank Manual regarding joint custody, 24 this claim is not even
disputed by petitioner.

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A confidential employee is one entrusted with confidence on delicate

matters, or with the custody, handling, or care and protection of the
employer's property. 25 While Art. 245 of the Labor Code singles out
managerial employees as ineligible to join, assist or form any labor
organization, under the doctrine of necessary implication, confidential
employees are similarly disqualified. This doctrine states that what is
implied in a statute is as much a part thereof as that which is
expressed, as elucidated in several cases 26 the latest of which is
Chua v. Civil Service Commission 27 where we said:
No statute can be enacted that can provide all the details involved in
its application. There is always an omission that may not meet a
particular situation. What is thought, at the time of enactment, to be an
all-embracing legislation may be inadequate to provide for the
unfolding events of the future. So-called gaps in the law develop as
the law is enforced. One of the rules of statutory construction used to
fill in the gap is the doctrine of necessary implication. Every statute is
understood, by implication, to contain all such provisions as may be
necessary to effectuate its object and purpose, or to make effective
rights, powers, privileges or jurisdiction which it grants, including all
such collateral and subsidiary consequences as may be fairly and
logically inferred from its terms. Ex necessitate legis .
In applying the doctrine of necessary implication, we took into
consideration the rationale behind the disqualification of managerial
employees expressed in Bulletin Publishing Corporation v. Sanchez,
28 thus: "if these managerial employees would belong to or be
affiliated with a Union, the latter might not be assured of their loyalty to
the Union in view of evident conflict of interests. The Union can also
become company-dominated with the presence of managerial
employees in Union membership." Stated differently, in the collective
bargaining process, managerial employees are supposed to be on the
side of the employer, to act as its representatives, and to see to it that
its interests are well protected. The employer is not assured of such
protection if these employees themselves are union members.
Collective bargaining in such a situation can become one-sided. 29 It
is the same reason that impelled this Court to consider the position of
confidential employees as included in the disqualification found in Art
245 as if the disqualification of confidential employees were written in
the provision. If confidential employees could unionize in order to
bargain for advantages for themselves, then they could be governed

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by their own motives rather than the interest of the employers.

Moreover, unionization of confidential employees for the purpose of
collective bargaining would mean the extension of the law to persons
or individuals who are supposed to act "in the interest of the
employers. 30 It is not farfetched that in the course of collective
bargaining, they might jeopardize that interest which they are duty-
bound to protect. Along the same line of reasoning we held in Golden
Farms, Inc. v. Ferrer-Calleja 31 reiterated in Philips Industrial
Development, Inc. v. NLRC, 32 that "confidential employees such as
accounting personnel, radio and telegraph operators who, having
access to confidential information, may become the source of undue
advantage. Said employee(s) may act as spy or spies of either party
to a collective bargaining aoreement."

Doctrine of Collateral Attack

Definition: A decree of registration and registered title cannot be
impugned, enlarged, altered, modified, or diminished either in
collateral or direct proceeding, after the lapse of one year from the
date of its entry.
In terms of marriage, as a general rule, a void marriage may be
collaterally attacked. This means that the nullity of a marriage can be
asserted even if it is not the main or principal issue of a case and that
no previous judicial declaration of nullity is required by law with
respect to any other matter where the issue of the voidness of a
marriage is pertinent or material, either directly or indirectly.
Cases: De Castro vs. Assidao-De Castro. G.R. No. 160172.
Petitioner filed a complaint for support against her husband to compel
the latter to support their child. The husband interposed an affirmative
defense claiming that the petitioner and she were not married. The
Supreme Court ruled that while the case was one of support, the lower
court can make a declaration that the marriage was void to determine
the rights of the child to be supported. The Supreme Court rejected
the contention that a separate case for judicial declaration of nullity
must be filed first before the lower court, in a case for support, can
rule that the marriage was void.

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Where a direct attack is necessary has been alluded to by the

Supreme Court in Ninal vs. Badayog (328 SCRA 122), when it said
that for purposes other than remarriage, no judicial declaration of
nullity is necessary. However, for other purposes, such as but not
limited to the determination of heirship, legitimacy or illegitimacy of the
child, settlement of estate, dissolution of property regime, or a criminal
case for that matter, the court may pass upon the validity of a
marriage even in a suit not directly instituted to question the same so
long as it is essential to the determination of the case. This is without
prejudice to any issue that may arise in the case. When such need
arise, a final judgment of declaration of nullity is necessary even if the
purpose is other than to remarry. The clause "on the basis of a final
judgment declaring such previous marriage void" in Article 40 of the
Family Code connotes that such final judgment need not be obtained
only for purpose of remarriage.
Ybanez v. I AC, G.R. No. 68291, March 6, 1991.
A collateral attack is not allowed. It was erroneous for Arcidio to
question the Torrens OCT issued to Valentin in an ordinary civil action
for recovery of possession filed by the registered owner - Valentin - of
the said lot, by invoking as affirmative defense in his answer the Order
of the Bureau of Lands issued pursuant to the investigatory power of
the Director of Lands under Section 91 of Public Land Law (CA No.
141 as amended). Such a defense partakes of the nature of a
collateral attack against a certificate of title brought under the
operation of the Torrens system of registration pursuant to Sec. 122,
Land Registration Act, now Sec. 103, PD 1259.

Doctrine of Waiver
Definition: It is the intentional or voluntary relinquishment of a known
right or such conduct as warrants and inference of the relinquishment
of such right.
Requisites for a valid waiver:
1. waiving party must actually have the right he is renouncing
2. he must have full capacity to make the waiver
3. waiver must be clear and unequivocal

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-waiver must not be contrary to law, public order, public morals, etc.
-when formalities are required, they must be complied with.
Cases: DM Consunji, Inc. Vs CA G.R. No. 137873.
Private respondent Maria Juego filed in the Pasig Regional Trial Court
a complaint for damages against petitioner for the death of her
husband Jose Juego. Jose was employed by petitioner as a
construction worker who fell 14 floors from the Renaissance Tower in
Pasig and died. Maria availed of the death benefits from the State
Insurance Fund. Petitioner is claiming that she can no longer recover
damages under the Civil Code because her prior availment of the
benefits from the State Insurance Fund. The trial court and CA
decided in favor of Maria
Whether Maria's availment of the death benefits provided under the
Labor Code amounts to a waiver of her rights to claim for damages
from petition under the Civil Code.
Maria was only ignorant of the fact and of her rights as well. Maria’s
election of the death benefits does not bar any action inconsistent with
the elected remedy. For a waiver to become valid there must be an
intentional relinquishment of a known right. Where one lacks
knowledge of a rights, there is no basis upon which waiver of its can
rest. Waiver requires acknowledge of the right waived with an
awareness of its consequences. Thus ignorance of material fact
negates waiver.
Velasco v. Court of Appeals 96 SCRA 616. If a corporation waives (by
selling) in favor of the GSIS all the former's right in a subdivision, and
assumes the payment of debts for materials used, and later said
corporation becomes insolvent, the GSIS should answer for said debts
for it has obtained the benefits (the improvements of which the GSIS
is now the owner).

Doctrine of Contra Bonus Mores

Definition: Means against good morals and is applied through Article
19, 20 and 21 of the New Civil Code of the Philippines. Article 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,

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good custom, public order, or public policy; 3) and it is done with intent
to injure. Thus, under any of these three (3) provisions of law, an act
which causes injury to another may be made the basis for an award of
damages.
Cases: Gashem Shookat Baksh, petitioner, v. Hon. Court of Appeals
and Marilou T. Gonzales, G.R. No. 97336, February 19, 1993.
In the light of the above laudable purpose of Article 21, We are of the
opinion, and so hold, that where a man's promise to marry is in fact
the proximate cause of the acceptance of his love by a woman and his
representation to fulfill that promise thereafter becomes the proximate
cause of the giving of herself unto him in a sexual congress, proof that
he had, in reality, no intention of marrying her and that the promise
was only a subtle scheme or deceptive device to entice or inveigle her
to accept him and to obtain her consent to the sexual act, could justify
the award of damages pursuant to Article 21 not because of such
promise to marry but because of the fraud and deceit behind it and the
willful injury to her honor and reputation which followed thereafter. It is
essential, however, that such injury should have been committed in a
manner contrary to morals, good customs or public policy.
In the instant case, respondent Court found that it was the petitioner's
"fraudulent and deceptive protestations of love for and promise to
marry plaintiff that made her surrender her virtue and womanhood to
him and to live with him on the honest and sincere belief that he would
keep said promise, and it was likewise these fraud and deception on
appellant's part that made plaintiff's parents agree to their daughter's
living-in with him preparatory to their supposed marriage." 24 In short,
the private respondent surrendered her virginity, the cherished
possession of every single Filipina, not because of lust but because of
moral seduction — the kind illustrated by the Code Commission in its
example earlier adverted to. The petitioner could not be held liable for
criminal seduction punished under either Article 337 or Article 338 of
the Revised Penal Code because the private respondent was above
eighteen (18) years of age at the time of the seduction.
Prior decisions of this Court clearly suggest that Article 21 may be
applied in a breach of promise to marry where the woman is a victim
of moral seduction.

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Beatriz P. Wassmer v. Francisco X. Velez, G.R. No. L-20089,

December 26, 1964.
It must not be overlooked, however, that the extent to which acts not
contrary to law may be perpetrated with impunity, is not limitless for
Article 21 of said Code provides that "any person who wilfully 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."
The record reveals that on August 23, 1954 plaintiff and defendant
applied for a license to contract marriage, which was subsequently
issued (Exhs. A, A-l). Their wedding was set for September 4, 1954.
Invitations were printed and distributed to relatives, friends and
acquaintances (Tsn., 5; Exh. C). The bride- to-be's trousseau, party
drsrses and other apparel for the important occasion were purchased
(Tsn., 7-8). Dresses for the maid of honor and the flower girl were
prepared. A matrimonial bed, with accessories, was bought. Bridal
showers were given and gifts received (Tsn., 6; Exh. E).
And then, with but two days before the wedding, defendant, who was
then 28 years old,: simply left a note for plaintiff stating: "Will have to
postpone wedding — My mother opposes it ... " He enplaned to his
home city in Mindanao, and the next day, the day before the wedding,
he wired plaintiff: "Nothing changed rest assured returning soon." But
he never returned and was never heard from again.
Surely this is not a case of mere breach of promise to marry. As
stated, mere breach of promise to marry is not an actionable wrong.
But to formally set a wedding and go through all the above-described
preparation and publicity, only to walk out of it when the matrimony is
about to be solemnized, is quite different. This is palpably and
unjustifiably contrary to good customs for which defendant must be
held answerable in damages in accordance with Article 21 aforesaid.
Defendant urges in his afore-stated petition that the damages
awarded were excessive. No question is raised as to the award of
actual damages. What defendant would really assert hereunder is that
the award of moral and exemplary damages, in the amount of
P25,000.00, should be totally eliminated.
Per express provision of Article 2219 (10) of the New Civil Code,
moral damages are recoverable in the cases mentioned in Article 21
of said Code. As to exemplary damages, defendant contends that the

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same could not be adjudged against him because under Article 2232
of the New Civil Code the condition precedent is that "the defendant
acted in a wanton, fraudulent, reckless, oppressive, or malevolent
manner." The argument is devoid of merit as under the above-
narrated circumstances of this case defendant clearly acted in a
"wanton ... , reckless [and] oppressive manner." This Court's opinion,
however, is that considering the particular circumstances of this case,
P15,000.00 as moral and exemplary damages is deemed to be a
reasonable award.
Molina Doctrine
Definition: The Court created the Molina guidelines to aid the courts
in the disposition of cases involving psychological incapacity, to wit:
(1) Burden of proof to show the nullity of the marriage belongs to the
plaintiff.
(2) The root cause of the psychological incapacity must be: (a)
medically or clinically identified, (b) alleged in the complaint, (c)
sufficiently proven by experts and (d) clearly explained in the decision.
(3) The incapacity must be proven to be existing at "the time of the
celebration" of the marriage.
(4) Such incapacity must also be shown to be medically or clinically
permanent or incurable.
(5) Such illness must be grave enough to bring about the disability
of the party to assume the essential obligations of marriage.
(6) The essential marital obligations must be those embraced by
Articles 68 up to 71 of the Family Code as regards the husband and
wife, as well as Articles 220, 221 and 225 of the same Code in regard
to parents and their children. Such non-complied marital obligation(s)
must also be stated in the petition, proven by evidence and included in
the text of the decision.
(7) Interpretations given by the National Appellate Matrimonial
Tribunal of the Catholic Church in the Philippines, while not controlling
or decisive, should be given great respect by our courts.
(8) The trial court must order the prosecuting attorney or fiscal and
the Solicitor General to appear as counsel for the state. No decision
shall be handed down unless the Solicitor General issues a

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certification, which will be quoted in the decision, briefly stating therein

his reasons for his agreement or opposition, as the case may be, to
the petition.
Cases: Danilo A. Aurelio v. Vida Ma. Corazon P. Aurelio, G.R. No.
175367, June 6, 2011.
This Court, pursuant to Supreme Court Administrative Matter No. 02-
11-10, has modified the above pronouncements, particularly Section
2(d) thereof, stating that the certification of the Solicitor General
required in the Molina case is dispensed with to avoid delay. Still,
Article 48 of the Family Code mandates that the appearance of the
prosecuting attorney or fiscal assigned be on behalf of the State to
take steps to prevent collusion between the parties and to take care
that evidence is not fabricated or suppressed.
Petitioner anchors his petition on the premise that the allegations
contained in respondent's petition are insufficient to support a
declaration of nullity of marriage based on psychological incapacity.
Specifically, petitioner contends that the petition failed to comply with
three of the Molina guidelines, namely: that the root cause of the
psychological incapacity must be alleged in the complaint; that such
illness must be grave enough to bring about the disability of the party
to assume the essential obligations of marriage; and that the non-
complied marital obligation must be stated in the petition.
It bears to stress that whether or not petitioner and respondent are
psychologically incapacitated to fulfill their marital obligations is a
matter for the RTC to decide at the first instance. A perusal of the
Molina guidelines would show that the same contemplate a situation
wherein the parties have presented their evidence, witnesses have
testified, and that a decision has been reached by the court after due
hearing. Such process can be gleaned from guidelines 2, 6 and 8,
which refer to a decision rendered by the RTC after trial on the merits.
It would certainly be too burdensome to ask this Court to resolve at
first instance whether the allegations contained in the petition are
sufficient to substantiate a case for psychological incapacity. Let it be
remembered that each case involving the application of Article 36
must be treated distinctly and judged not on the basis of a priori
assumptions, predilections or generalizations but according to its own
attendant facts. Courts should interpret the provision on a case-to-
case basis, guided by experience, the findings of experts and

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researchers in psychological disciplines, and by decisions of church

tribunals.[18] It would thus be more prudent for this Court to remand
the case to the RTC, as it would be in the best position to scrutinize
the evidence as well as hear and weigh the evidentiary value of the
testimonies of the ordinary witnesses and expert witnesses presented
by the parties.
Benjamin G. Ting v. Carmen M. Velez-Ting, G.R. No. 166562, March
31, 2009.
In hindsight, it may have been inappropriate for the Court to impose a
rigid set of rules, as the one in Molina, in resolving all cases of
psychological incapacity. We said that instead of serving as a
guideline, Molina unintentionally became a straightjacket, forcing all
cases involving psychological incapacity to fit into and be bound by it,
which is not only contrary to the intention of the law but unrealistic as
well because, with respect to psychological incapacity, no case can be
considered as on "all fours" with another.

Meeting of the Minds in a Contract of Sale

Definition: This doctrine speaks of the intent of the parties in entering
into the contract respecting the subject matter and the consideration
thereof, and if the words of the contract appear to be contrary to the
evident intention of the parties, the latter shall prevail over the former.
Cases: Sps. Buenaventura and Joaquin, et.al. v. CA. G.R. No.
126376.
A contract of sale is not a real contract but a consensual contract,
valid and binding upon the meeting of the minds as to the price. If
there is a meeting of the mind of the parties as to the price, the
contract of sale is valid, despite the manner of payment, or even the
breach of that manner of payment. If there is no meeting of the minds
of the parties as to the price, because the price stipulated in the
contract is simulated, then the contract is void, according to Article
1471 of the Civil Code. It is not the act of payment of the price that
determines the validity of a contract of sale. In the present case,
petitioners failed to show that the prices in the Deed of Sale were
absolutely simulated, thus there was meeting of the minds.

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San Miguel Properties Philippines, Inc. v. Sps. Huang G.R. No.

137290.
In the present case, the SC held that the stages of a contract of sale
are: 1. Negotiation, covering the period from the time the prospective
contracting parties indicate interest in the contract to the time the
contract is perfected; 2. Perfection, which takes place upon the
concurrence of the essential elements of the sale, which is the
meeting of the minds of the parties as to the subject of the contract
and upon the price,; and 3. Consummation, which begins when the
parties perform their respective undertakings under the contract of
sale, culminating upon the extinguishment thereof.
Ownership by Right of Accretion
Definition: Article 457 of the Civil Code provides that to the owners of
lands adjoining the banks of rivers belong the accretion which they
gradually receive from the effects of the current of the waters. This
doctrine has 3 requisites: 1. that the deposit be gradual and
imperceptible; 2. that it be made through the effects of the current of
the water; and 3. that the land where accretion takes place is adjacent
to the banks of rivers.
Case: Martinez Canas vs Tuason. 5 Phil 688.
This is a case of boundary dispute between the owners of two estates
(Mariquina estate and Payatas estate), in which dispute the Tuasons
claimed 30 hectares of land which had been swifted over to the
Payatas estate side of the Mariquina River. Though the evidence for
the owners of the Mariquina estate was much stronger than that of the
Payatas estate in this case, the Supreme Court, nevertheless, held
that the owner of the Payatas estate had acquired title to the land by
accretion.

Alluvial Formation Along the Seashore Forms Part of the Public

Domain
Definition: Alluvial formations along the seashore forms part of the
public domain and therefore, not open to the acquisition by adverse
possession by private persons. The adjoining registered owner of the
foreshore land cannot claim ownership by right of accretion.

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Cases: Ignacio vs. Director of Lands, G.R. No. L- 12958 May 30,
1960.
It is not disputed that the land applied for adjoins a parcel owned by
the applicant which he had acquired from the Government by virtue of
a Free Patent in 1936. It has also been established that the parcel in
question was formed by accretion and alluvial deposits caused by the
action of the Manila Bay which boarders it on the southwest. Applicant
and petitioner Ignacio claims that he had occupied the land since
1935, planting it with api-api trees, and that his possession thereof
had been continuous, adverse and public for a period of twenty years
until said possession was disturbed by oppositor and private
respondent Valeriano. On the other hand, the Director of Lands
sought to prove that the parcel is foreshore land, covered by the ebb
and flow of the tide and, therefore, formed part of the public domain.
Hrs, of Navarro vs IAC G.R. No. 68166.
In the light of the vintage but still valid provision of Article 4 of the
Spanish Law of Waters of 1866, which is where the said doctrine on
alluvial formations is derived, unequivocal is the public nature of the
disputed land in the controversy of the present case, the same being
an accretion on a sea bank which, for all legal purposes, the foreshore
of Manila Bay is. As part of the public domain, the herein disputed
land is intended for public uses, and "so long as the land in litigation
belongs to the national domain and is reserved for public uses, it is not
capable of being appropriated by any private person, except through
express authorization granted in due form of a competent authority.

Ownership of Abandoned River Beds by Right of Accession

Definition: Riverbeds which are abandoned through the natural
change in the course of waters ipso facto belongs to the owners
whose lands are occupied by the new course in proportion to the area
lost. However, the owners of the lands adjoining the old bed, shall
have the right to acquire the same by paying the value thereof - which
value shall not exceed the value of the area occupied by the new bed.
Requisites of the application of Art. 461 of the New Civil Code in
accordance to the aforementioned doctrine are: 1. The change must
be sudden in order that the old river may be identified; 2. The
changing of the course must be more or less permanent, and not

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temporary overflowing of another's land; 3. The change of the river

must be natural; 4. There must be definite abandonment of the
government; 5. The river must continue to exist, that is, it must not
completely dry up or disappear.
Case: Sps. Galang vs. Sps. Reyes G.R. No. 184746.
If indeed a property was the former bed of a creek that changed its
course and passed through the property of the claimant, then,
pursuant to Article 461, the ownership of the old bed left to dry by the
change of course was automatically acquired by the claimant. Before
such a conclusion can be reached, the fact of natural abandonment of
the old course must be shown, that is, it must be proven that the creek
indeen changed its course without artificial or manmade intervention.
Thus, the claimant, in this case the Reyeses, must prove three key
elements by clear and convincing evidence. These are:
1. The old course of the creek; 2. The new course of the creek; and 3.
The change of course of the creek from the old location to the new
location by natural occurrence. In this regard, the Reyeses failed to
adduce indubitable evidence to prove the old and new course, and the
natural abandonment. In the face of a Torrens title issued by the
government, which is presumed to have been regularly issued, the
evidence of the Reyeses was clearly wanting. Uncorroborated
testimonial evidence will not suffice to convince the Copurt to order
the reconveyance of the property to them.

Doctrine of Collateral Attack on Titles

Definition: A doctrine stating that collateral attack on titles is not
allowed, pursuant to Sec. 48 of P.D. 1529, which states that "A
certificate of title shall not be subject to collateral attack. It cannot be
altered, modified, or canceled except in direct proceeding in
accordance with law."
Cases: Abobon vs Abobon, et.al. G.R. No. 155830.
In order to properly assail the validity of the respondent's TCT, he
must himself bring an action for that purpose. Instead of bringing that
direct action, he mounted his attack as a merely defensive allegation
herein. Such manner of attack against the TCT was a collateral one,
which was disallowed by Section 48 of P.D. 1529.

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Aymundo and Perla De Guzman v. Praxides J. Agbagala, G.R. No.

163566, February 19, 2008.
Upon the expiration of said period of one year, the decree of
registration and the certificate of title issued shall become
incontrovertible. Any person aggrieved by such decree of registration
in any case may pursue his remedy by action for damages against the
applicant or any other person responsible for the fraud.
SEC. 48. Certificate not subject to collateral attack. — A certificate of
title shall not be subject to collateral attack. It cannot be altered,
modified, or canceled except in a direct proceeding in accordance with
law. (Emphasis supplied)
Indeed, a decree of registration or patent and the certificate of title
issued pursuant thereto may be attacked on the ground of falsification
or fraud within one year from the date of their issuance. Such an
attack must be direct and not by a collateral proceeding. The rationale
is this:
The public should be able to rely on a registered title. The Torrens
System was adopted in this country because it was believed to be the
most effective measure to guarantee the integrity of land titles and to
protect their indefeasibility once the claim of ownership is established
and recognized.
An action is deemed an attack on a title when the object of the action
or proceeding is to nullify the title and thus challenge the judgment
pursuant to which the title was decreed. The attack is direct when the
object of the action is to annul or set aside such judgment, or enjoin its
enforcement. On the other hand, the attack is indirect or collateral
when, in an action to obtain a different relief, an attack on the
judgment is nevertheless made as an incident thereof.
In the present case, the attack on OCT No. P- 30187 was merely
collateral because the action was principally for the declaration of
nullity of the deed of donation and the other deeds of conveyance
which followed.
However, the principle of indefeasibility does not apply when the
patent and the title based thereon are null and void. An action to
declare the nullity of a void title does not prescribe and is susceptible
to direct, as well as to collateral, attack. OCT No. P-30187 was

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registered on the basis of a free patent which the RTC ruled was
issued by the Director of Lands without authority. The petitioners
falsely claimed that the land was public land when in fact it was not as
it was private land previously owned by Carmen who inherited it from
her parents. This finding was affirmed by the CA. There is no reason
to reverse it.
The settled rule is that a free patent issued over a private land is null
and void, and produces no legal effects whatsoever. Private
ownership of land — as when there is a prima facie proof of ownership
like a duly registered possessory information or a clear showing of
open, continuous, exclusive, and notorious possession, by present or
previous occupants — is not affected by the issuance of a free patent
over the same land, because the Public Land law applies only to lands
of the public domain. The Director of Lands has no authority to grant
free patent to lands that have ceased to be public in character and
have passed to private ownership. Consequently, a certificate of title
issued pursuant to a homestead patent partakes of the nature of a
certificate issued in a judicial proceeding only if the land covered by it
is really a part of the disposable land of the public domain.
Since the Director of Lands has no authority to grant a free patent
over privately owned land, any title issued pursuant thereto is null and
void.
Therefore, although OCT No. P-30187 was merely collaterally
attacked, it was still correctly nullified because the free patent on
which it was based was null and void ab initio.
Rescission by Reason of Subject being Under Litigation
Definition: Resolution of Litigation is not a condition to rescission.
Contracts which are rescissible due to fraud or bad faith include those
which involve things under litigation, if they have been entered into by
the defendant without the knowledge and approval of the litigans or of
competent judicial authority. Thus, Article 1381 (4) of the Civil Code
provides: "The following contracts are rescissible: (4) Those which
refer to things under litigation if they have been entered into by the
defendant without the knowledge and approval of the litigans or of
competent judicial authority." The rescission of a contract under Article
1381 (4) of the Civil Code only requires the concurrence of the
following: first, the defendant, during the pendency of the case, enters

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into a contract which refers to the thing subject of litigation; and

second, the said contract was entered into without the knowledge and
approval of the litigans or of a competent judicial authority. As long as
the foregoing requisites concur, it becomes the duty of the court to
order the rescission of the said contract.
Case: Luz, et.al. vs. Bay Ion G.R. No. 182435.
It bears stressing that the right to ask for the rescission of a contract
under Article 1381 (4) of the Civil Code is not contingent upon the final
determination of the ownership of the thing subject of litigation. The
primordial purpose of the said provision is to secure the possible
effectivity of the impending judgment by a court with respect to the
thing subject of litigation. It seeks to protect the binding effect of the
court's impending adjudication vis-a-vis the thing subject of litigation
regardless of which among the contending claims therein would
subsequently be upheld. Accordingly, a definitive judicial
determination with respect to the thing subject of litigation is not a
condition sine qua non before the rescissory action contemplated
under Article 1381 (4) of the Civil Code may be instituted.
Doctrine of jus sanguinis
Definition: Latin of right of blood, it is a principle of nationality law by
which citizenship is not determined by place of birth but by having
instead one or both parents who are citizens of the state or more
generally by having state citizenship or membership to a nation
determined or conferred by -ethnic, cultural or other- descent or origin
Cases: Cirilo R. Valles v. Commission on Elections and Rosalind
Ybasco Lopez, G.R. No. 137000, August 9, 2000.
The Commission on Elections ruled that private respondent Rosalind
Ybasco Lopez is a Filipino citizen and therefore, qualified to run for a
public office because (1) her father, Telesforo Ybasco, is a Filipino
citizen, and by virtue of the principle of jus sanguinis she was a
Filipino citizen under the 1987 Philippine Constitution; (2) she was
married to a Filipino, thereby making her also a Filipino citizen ipso
jure under Section 4 of Commonwealth Act 473; (3) and that, she
renounced her Australian citizenship on _ January 15, 1992 before the
Department of Immigration and Ethnic Affairs of Australia and her
Australian passport was accordingly cancelled as certified to by the
Australian Embassy in Manila; and (4) furthermore, there are the

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COMELEC Resolutions in EPC No. 92- 54 and SPA Case No. 95-066,
declaring her a Filipino citizen duly qualified to run for the elective
position of Davao Oriental governor. The Philippine law on citizenship
adheres to the principle of jus sanguinis. Thereunder, a child follows
the nationality or citizenship of the parents regardless of the place of
his/her birth, as opposed to the doctrine of jus soli which determines
nationality or citizenship on the basis of place of birth.
Private respondent Rosalind Ybasco Lopez was born on May 16,
1934 in Napier Terrace, Broome, Western Australia, to the spouses,
Telesforo Ybasco, a Filipino citizen and native of Daet, Camarines
Norte, and Theresa Marquez, an Australian. Historically, this was a
year before the 1935 Constitution took into effect and at that time,
what served as the Constitution of the Philippines were the principal
organic acts by which the United States governed the country. These
were the Philippine Bill of July 1, 1902 and the Philippine Autonomy
Act of August 29, 1916, also known as the Jones Law. So also, the
principle of jus sanguinis, which confers citizenship by virtue of blood
relationship, was subsequently retained under the 19734 and 19875
Constitutions. Thus, the herein private respondent, Rosalind Ybasco
Lopez, is a Filipino citizen, having been born to a Filipino father. The
fact of her being born in Australia is not tantamount to her losing her
Philippine citizenship. If Australia follows the principle of jus soli, then
at most, private respondent can also claim Australian citizenship
resulting to her possession of dual citizenship.
Zoilo Antonio Velez v. Ronald Allan Kelley Poe, a.k.a. Fernando Poe,
JR., G.R. No. 161634. March 3, 2004.
Section 2, Article VII, of the 1987 Constitution expresses:
"No person may be elected President unless he is a natural-born
citizen of the Philippines, a registered voter, able to read and write, at
least forty years of age on the day of the election, and a resident of
the Philippines for at least ten years immediately preceding such
election."
The term "natural-born citizens," is defined to include "those who are
citizens of the Philippines from birth without having to perform any act
to acquire or perfect their Philippine citizenship."
The date, month and year of birth of FPJ appeared to be 20 August
1939 during the regime of the 1935 Constitution. Through its history,

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four modes of acquiring citizenship naturalization, jus soli, res judicata

and jus sanguinis - had been in vogue. Only two, i.e., jus soli and jus
sanguinis, could qualify a person to being a "natural-born" citizen of
the Philippines. Jus soli, per Roa vs. Collector of Customs (1912), did
not last long. With the adoption of the 1935 Constitution and the
reversal of Roa in Tan Chong vs. Secretary of Labor (1947), jus
sanguinis or blood relationship would now become the primary basis
of citizenship by birth.
Documentary evidence adduced by petitioner would tend to indicate
that the earliest established direct ascendant of FPJ was his paternal
grandfather Lorenzo Pou, married to Marta Reyes, the father of Allan
F. Poe. While the record of birth of Lorenzo Pou had not been
presented in evidence, his death certificate, however, identified him to
be a Filipino, a resident of San Carlos, Pangasinan, and 84 years old
at the time of his death on 11 September 1954. The certificate of birth
of the father of FPJ, Allan F. Poe, showed that he was born on 17 May
1915 to an Espanol father, Lorenzo Pou, and a mestiza Espanol
mother, Marta Reyes. Introduced by petitioner was an "uncertified"
copy of a supposed certificate of the alleged marriage of Allan F. Poe
and Paulita Gomez on 05 July 1936. The marriage certificate of Allan
F. Poe and Bessie Kelley reflected the date of their marriage to be on
16 September 1940. In the same certificate, Allan F. Poe was stated
to be twenty-five years old, unmarried, and a Filipino citizen, and
Bessie Kelley to be twenty-two years old, unmarried, and an American
citizen. The birth certificate of FPJ, would disclose that he was born on
20 August 1939 to Allan F. Poe, a Filipino, twenty-four years old,
married to Bessie Kelly, an American citizen, twenty-one years old
and married.

Doctrine of political question

Definition: These are non-justiciable cases that are beyond the
jurisdiction, competence or ability of even the Supreme Court to
decide.
The so-called Political Question Doctrine holds that it would be a
meaningless, inconsistent, contradictory and unacceptable self-
referential invalidation for a Supreme Court to even take up the validity

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or legitimacy or Constitutionality of the revolution, coup d'etat, or other

political process that established that Constitution and the Court.
Cases: Mabanag v. Vito, 78 Phil. 1.
It was held that if ratification of an amendment is a political question, a
proposal which leads to ratification has to be a political question. The
two steps complement each other in a scheme intended to achieve a
single objective. It is to be noted that the amendatory process as
provided in section I of Article XV of the Philippine Constitution
“consists of (only) two distinct parts: proposal and ratification." There
is no logic in attaching political character to one and withholding that
character from the other. Proposal to amend the Constitution is a
highly political function performed by the Congress in its sovereign
legislative capacity and committed to its charge by the Constitution
itself. The exercise of this power is even in dependent of any
intervention by the Chief Executive. If on grounds of expediency
scrupulous attention of the judiciary be needed to safeguard public
interest, there is less reason for judicial inquiry into the validity of a
proposal.
Gonzales v. Comelec, G.R. No. L-28196.
The Senate and the House of Representatives passed resolutions No.
1, 2 and 3. Subsequently, Congress passed a bill, which, upon
approval by the President, on June 17, 1967,became Republic Act No.
4913, providing that the amendments to the Constitution proposed in
the aforementioned Resolutions No. 1 and 3 be submitted, for
approval by the people, at the general elections which shall be held on
November 14, 1967.Two cases were filed against this act of
Congress: One is original action for prohibition, with preliminary
injunction by Ramon A. Gonzales, in L-28196, a Filipino citizen, a
taxpayer, and a voter. Another one is by PHILCONSA, in L-28224, a
corporation duly organized and existing under the laws of the
Philippines, and a civic, non-profit and non-partisan organization the
objective of which is to uphold the rule of law in the Philippines and to
defend its Constitution against erosions or onslaughts from whatever
source.
The issue whether or not a Resolution of Congress acting as a
constituent assembly violates the Constitution essentially justiciable,
not political, and, hence, subject to judicial review.

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Doctrine of Lis pendens

Defenition: Lis pendens literally means a pending suit. Doctrine that
refers to the jurisdiction, power or control which a court acquires over
a property involved in a suit, pending the continuance of the action,
until final judgment.
The reason behind the doctrine are first, o protect the rights of the
party causing the registration of the lis pendens, second is to advise
third persons who purchase or contract on the subject property that
they do so at their peril and subject to the result of the pending
litigation. It may involve actions that deal not only with title or
possession of a property but also with the use and occupation of a
property. The litigation must directly involve a specific property which
is necessarily affected by the judgment. The notice of lis pendens is a
notice to the whole world that a particular real property is in litigation.
The inscription serves as a warning that one who acquires interest
over litigated property does so at his own risk, or that he gambles on
the result of the litigation over the property
Cases: Voluntad v. Spouses Dizon.
The Court allowed the issuance of an alias writ of execution against
the transferees pendente lite, who had knowledge of the pending
litigation on the basis of the annotation of the notice of lis pendens on
their titles. The Court clarified therein that there was no need for the
victorious [parties] to file a separate action to enforce their right to
recover the property as against the new registered owners.
Associated Bank v. Pronstroller, G.R. No. 148444, July 14, 2008, 558
SCRA 113.
The Court affirmed the judgments of the trial and appellate courts
cancelling the titles of the spouses Vaca, who were
transfereespendente lite of Associated Bank, despite the fact that the
spouses Vaca were not parties to the case between Associated Bank
and the Pronstrollers.
The Court explained therein:

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Admittedly, during the pendency of the case, respondents timely

registered a notice of lis pendens to warn the whole world that the
property was the subject of a pending litigation.
Lis pendens, which literally means pending suit, refers to the
jurisdiction, power or control which a court acquires over property
involved in a suit, pending the continuance of the action, and until final
judgment. Founded upon public policy and necessity, lis pendens is
intended to keep the properties in litigation within the power of the
court until the litigation is terminated, and to prevent the defeat of the
judgment or decree by subsequent alienation.
The filing of a notice of lis pendens has a twofold effect: (1) to keep
the subject matter of the litigation within the power of the court until
the entry of the final judgment to prevent the defeat of the final
judgment by successive alienations; and (2) to bind a purchaser, bona
fide or not, of the land subject of the litigation to the judgment or
decree that the court will promulgate subsequently.
This registration, therefore, gives the court clear authority to cancel
the title of the spouses Vaca, since the sale of the subject property
was made after the notice of lis pendens.
Upon Associated Bank's MR, the spouses Vaca filed a motion to
intervene arguing that they had a real interest in assailing the July 14,
2008 Decision, which ordered the cancellation of their title. The Court
denied the intervention. It was held that the interests of the spouses
Vaca in the subject property were properly represented in the action
by their transferor/vendor Associated Bank, which was already a party
thereto. As transferees pendente lite, the spouses Vaca stand exactly
in the shoes of their predecessor-in-interest. Associated Bank.

Lack of Capacity to Sue

Definition: Means that the plaintiff is not in the exercise of his civil
rights, or does not have the necessary qualification to appear in the
case, or does not have the character or representation he claims such
as on account of minority, insanity, incompetence, lack of juridical
personality or any other general disqualifications of a party.
Cases: Columbia Pictures, Inc., et.al, vs. CA. G.R. No. 110318.
August 28, 1996.

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The Supreme Court discussed the grounds for a motion to dismiss

under the Rules of Court are lack of legal capacity to sue and that the
complaint states no cause of action. Lack of legal capacity to sue
means that the plaintiff is not in the exercise of his civil rights, or does
not have the necessary qualification to appear in the case, or does not
have the character or representation he claims. On the other hand, a
case is dismissible for lack of personality to sue upon proof that the
plaintiff is not the real party-in-interest, hence grounded on failure to
state a cause of action. The term "lack of capacity to sue" should not
be confused with the term "lack of personality to sue." While the
former refers to a plaintiff's general disability to sue, such as on
account of minority, insanity, incompetence, lack of juridical
personality or any other general disqualifications of a party, the latter
refers to the fact that the plaintiff is not the real party in-interest.
Correspondingly, the first can be a ground for a motion to dismiss
based on the ground of lack of legal capacity to sue; whereas the
second can be used as a ground for a motion to dismiss based on the
fact that the complaint, on the face thereof, evidently states no cause
of action.
Applying the discussion to the instant petition, the ground available for
barring recourse to our courts by an unlicensed foreign corporation
doing or transacting business in the Philippines should properly be
“lack of capacity to sue," not "lack of personality to sue." Certainly, a
corporation whose legal rights have been violated is undeniably such,
if not the only, real party-in-interest to bring suit thereon although, for
failure to comply with the licensing requirement, it is not capacitated to
maintain any suit before our courts.

Evangelista, et. Al vs. Santiago. G.R. No. 157447. April 29, 2005.
The Supreme Court said that first, it should be clarified that "the
plaintiff has no legal capacity to sue" and "the pleading asserting the
claim states no cause of action" are two different grounds for a motion
to dismiss or are two different affirmative defenses. Failure to
distinguish between "the lack of legal capacity to sue" from "the lack of
personality to sue" is a fairly common mistake. The difference
between the two is explained by this Court in Columbia Pictures, Inc.
v. Court of Appeals.

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In the present case, the Court assumes that the respondent is raising
the affirmative defense that the Complaint filed by the petitioners
before the trial court stated no cause of action because the petitioners
lacked the personality to sue, not being the real party-in-interest It is
the respondent's contention that only the State can file an action for
annulment of his certificates of title, since such an action will result in
the reversion of the ownership of the Subject Property to the State.

Doctrine of Ostensible Agency

Definition: The doctrine which imposes liability, not as the result of
the reality of a contractual relationship, but rather because of the
actions of a principal or an employer in somehow misleading the
public into believing that the relationship or the authority exists.
Cases: Professional Services Inc. v. Court of Appeals, et.al., En Banc,
GR No. 126297, February 2, 2010.
The Court, while affirming the existing doctrine that hospitals as a
general rule are not civilly liable for the tortuous acts of their medical
consultants in view of the absence of an employer-employee
relationship between, nonetheless made the following pro hac vice
doctrinal pronouncements on the liability of the respondent hospital
based on the doctrines of "ostensible agency" and "corporate
negligence", thus:
After gathering its thoughts on the issues, this Court holds that PSI is
liable to the Aganas, not under the principle of respondeat superior for
lack of evidence of an employment relationship with Dr. Ampil but
under the principle of ostensible agency for the negligence of Dr.
Ampil and, pro hac vice, under the principle of corporate negligence
for its failure to perform its duties as a hospital.
The Court cannot speculate on what could have been behind the
Aganas' decision but would rather adhere strictly to the fact that,
under the circumstances at that time, Enrique decided to consult Dr.
Ampil for he believed him to be a staff member of a prominent and
known hospital. After his meeting with Dr. Ampil, Enrique advised his
wife Natividad to go to the Medical City General Hospital to be
examined by said doctor, and the hospital acted in a way that fortified
Enrique's belief. This Court must therefore maintain the ruling that PSI

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is vicariously liable for the negligence of Dr. Ampil as its ostensible

agent. All this notwithstanding, we make it clear that PSI's hospital
liability based on ostensible agency and corporate negligence applies
only to this case, pro hac vice. It is not intended to set a precedent
and should not serve as a basis to hold hospitals liable for every form
of negligence of their doctors-consultants under any and all
circumstances. The ruling is unique to this case, for the liability of PSI
arose from an implied agency with Dr. Ampil and an admitted
corporate duty to Natividad.
Megan Sugar Corporation v. Regional Trial Court of llo-llo, Branch 68,
Dumangas, llo-llo; New Frontier Sugar Corporation and Equitable PCI
Bank. G.R. No. 170352, June 1, 2011.
MEGAN can no longer deny the authority of Atty. Sabig as they have
already clothed him with apparent authority to act in their behalf. It
must be remembered that when Atty. Sabig entered his appearance,
he was accompanied by Concha, MEGAN'S director and general
manager. Concha himself attended several court hearings, and on
December 17, 2002, even sent a letter[28] to the RTC asking for the
status of the case. A corporation may be held in estoppel from
denying as against innocent third persons the authority of its officers
or agents who have been clothed by it with ostensible or apparent
authority.[29]Atty. Sabig may not have been armed with a board
resolution, but the appearance of Concha made the parties assume
that MEGAN had knowledge of Atty. Sabig's actions and, thus, clothed
Atty. Sabig with apparent authority such that the parties were made to
believe that the proper person and entity to address was Atty. Sabig.
Apparent authority, or what is sometimes referred to as the "holding
out" theory, or doctrine of ostensible agency, imposes liability, not as
the result of the reality of a contractual relationship, but rather
because of the actions of a principal or an employer in somehow
misleading the public into believing that the relationship or the
authority exists.
Doctrine of Reformation of Written Instruments
Definition: Reformation of an instrument is that remedy in equity by
means of which a written instrument is made or construed so as to
express or conform to the real intention of the parties when some error
or mistake has been committed. It is predicated on the equitable
maxim that equity treats as done that which ought to be done. The

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rationale of the doctrine is that it would be unjust and unequitable to

allow the enforcement of a written instrument which does not reflect or
disclose the real meeting of the minds of the parties. However, an
action for reformation must be brought within the period prescribed by
law, otherwise, it will be barred by the mere lapse of time.
Cases: Veluz vs. Veluz et. al. G.R. No. L-23261, July 31, 1968.
Plaintiff prayed that judgment be issued "ordering the reformation of
the deed of sale to express the true intention of the parties, to wit: the
same be made as a deed of mortgage ... " and that defendants be
ordered to pay actual and moral damages and attorney's fees.
The Court viewed, based upon the allegations, and the relief prayed
for, in the complaint, that the action is clearly one for the reformation
of an instrument as contemplated in Articles 1359 and 1365 of the
Civil Code of the Philippines.
The lower court is in error. The action for reformation of instrument
should not be confused with the action for annulment of contract.
Reformation of instrument presupposes a valid, existing contract, in
which there had been a meeting of the minds of the parties but the
instrument drawn up and signed by them does not correctly express
the terms of their agreement. Annulment of a contract, on the other
hand, presupposes a defective contract in which the minds of the
parties did not meet, or the consent of one was vitiated. The equity of
reformation is ordinarily limited to written agreements, and its purpose
is to establish and perpetuate the true agreement; annulment, on the
other hand, is intended to declare the inefficiency which the contract
already carries in itself and to render the contract inefficacious.

Rosello - Bentir vs. Leanda . G.R. No. 128991. April 12, 2000.
Petitioner entered into a contract of lease of a parcel of land with
Defendant for a period of 20 years starting from 1968. P is the lessee;
D is the lessor. In 1989, D sold the leased premises to the Co-
Defendant. P questioned the sale alleging that it had a right of first
refusal. P filed a case seeking reformation of the expired contract of
lease on the ground that its lawyer inadvertently omitted to incorporate
in the contract of lease executed in 1968.

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The action for reformation did not prosper since the purpose of an
action for declaratory relief is to secure an authoritative statement of
the rights and obligations of the parties for their guidance in the
enforcement thereof, or compliance therewith and not to settle issues
arising from the breach thereof, it maybe entertained only before the
breach or violation of the law or contract to which it refers. Here, P
brought the present action for reformation after an alleged breach or
violation of the contract was already committed by D.

Doctrine of Public Policy

Definition: The doctrine under which, as applied to the law of
contracts, courts of justice will not recognize or uphold a transaction
when its object, operation, or tendency is calculated to be prejudicial
to the public welfare, to sound morality or to civic honesty.
Case: Sy Suan v. Pablo L. Regala, G.R. No. L-9506, June 30, 1956.
It is a general rule that agreements against public policy are illegal and
void. Under the principles relating to the doctrine of public policy, as
applied to the law of contracts, courts of justice will not recognize or
uphold any transaction which, in its object operation, or tendency, is
calculated to be prejudicial to the public welfare, to sound morality, or
to civic honesty. The test is whether the parties have stipulated for
something inhibited by the law or inimical to, or inconsistent with, the
public welfare.
An agreement is against public policy if it is injurious to the interests of
the public, contravenes some established interest of society, violates
some public statute, is against good morals, ends to interfere with the
public welfare or society, or as it is sometimes put, if it is at war with
the interests of society and is in conflict with the morals of the time. An
agreement either to do anything which, or not to do anything the
omission of which, is in any degree clearly injurious to the public and
an agreement of such a nature that it cannot be carried into execution
without reaching beyond the parties and exercising an injurious
influence over the community at large are against public policy. There
are many things which the law does not prohibit, in the sense of
attaching penalties, but which are so mischievous in their nature and
tendency that on grounds of public policy they cannot be admitted as
the subject of a valid contract. The question whether a contract is

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against public policy depends upon its purpose and tendency, and not
upon the fact that no harm results from it. In other words all
agreements the purpose of which is to create a situation which tends
to operate to the detriment of the public interest are against public
policy and void, whether in the particular case the purpose of the
agreement is or is not effectuated.

Doctrine of Self-help
Definition: Doctrine in juridical science which holds that a person has
the right to exclude another from the enjoyment and disposal of his
property, with authority to use such force as may be reasonably
necessary to repel or prevent an actual or threatened unlawful
physical invasion or usurpation thereof.
Case: German Management & Services, Inc., v. Hon. Court of
Appeals and Ernesto Villeza. G.R. No. 76217 September 14, 1989.
Both the Municipal Trial Court and the Regional Trial Court have
rationalized petitioner's drastic action of bulldozing and destroying the
crops of private respondents on the basis of the doctrine of self-help
enunciated in Article 429 of the New Civil Code. 11 Such justification
is unavailing because the doctrine of self-help can only be exercised
at the time of actual or threatened dispossession which is absent in
the case at bar. When possession has already been lost, the owner
must resort to judicial process for the recovery of property. This is
clear from Article 536 of the Civil Code which states, "(l)n no case may
possession be acquired through force or intimidation as long as there
is a possessor who objects thereto.

He who believes that he has an action or right to deprive another of

the holding of a thing, must invoke the aid of the competent court, if
the holder should refuse to deliver the thing." People vs Depante,
C.A., 58 O.G. 926
If the propety is immovable, there should be no delay in the use of
force to recover it; a delay, even if excusable, such as when is due to
the ignorance of the dispossession, will bar the right to the use of
force.

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Doctrine of Regalian
Definition: All lands of public domain, waters, minerals, coal,
petroleum and other mineral oils, all forces of potential energy,
fisheries, wildlife, and other natural resources of the Philippines
belong to the State. With the exception of agricultural, industrial or
commercial, residential, or resettlement lands of the public domain,
natural resources shall not be alienated, and no license, concession,
or lease for the exploration, or utilization of any of the natural
resources shall be granted for a period exceeding twentyfive years,
except as to water rights for irrigation, water supply, fisheries, or
industrial uses other than development of water power, in which
cases, beneficial use may by the measure and the limit of the grant.
Cases: Cruz v. Secretary of Environment and Natural Resources,
G.R. No. 135385, December 6, 2000.
All lands not otherwise appearing to be clearly within private
ownership are presumed to belong to the State. Incontrovertible
evidence must be shown that the land is alienable or disposable in
order to overcome such presumption. It does not negate native title to
lands held in private ownership since time immemorial.

Carino vs Insular Government, 41 Phil 935.

An Igorot applied for the registration of a certain land. He and his
ancestors had held the land as owners for more than 50 years, which
he inherited under Igorot customs. There was no document of title
issued for the land when he applied for registration. The government
contends that the land in question belonged to the state. Under the
Spanish Law, all lands belonged to the Spanish Crown except those
with permit private titles. Moreover, there is no prescription against the
Crown.
The land in question does not belong to the Spanish Crown under the
Regalian Doctrine. Law and justice require that the applicant should
be granted title to his land.
The United States Supreme Court, through Justice Holmes declared:

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"It might perhaps, be proper and sufficient to say that when, as far as
testimony or memory goes, the land has been held by individuals
under a claim of private ownership, it will be presumed to have been
held in the same way from before the Spanish conquest, and never to
have been public land."
There is an existence of native title to land, or ownership of land by
Filipinos by virtue of possession under a claim of ownership since time
immemorial and independent of any grant from the Spanish Crown, as
an exception to the theory of jura regalia.

Guardian ad litem
Definition: An independent party appointed in family law disputes to
represent parties that cannot represent themselves, such as minors,
developmentally disabled, or elderly.
Cases: Borbon v. CA G.R. No. 138495 Dec. 9, 2004.
Petitioner, through his brother, Candido Borbon, filed with the
Regional Trial Court, Branch 145, Makati City a complaint for
reconveyance of property against spouses Renato and Princesita
Sitay, Amparo Investment Corporation and Ernesto Catindig, docketed
as Civil Case No. 97-1135. Petitioner, in his complaint, alleged that
the contracts of sale and mortoaoe of the subject property are all void
because of lack of consent on his part as he was then suffering from
acute schizophrenia. On June 9, 1997, the trial court appointed
Candido Borbon as petitioner's guardian ad litem.
Felimon Tse and Alice Tse thru their guardian ad litem Esmaela
Dawat, v. Republic of the Philippines, G.R. No. L-20708, August 31,
1967.
In accordance with Article 316, paragraph 1 of the New Civil Code, the
father and the mother have, with respect to their unemancipated
children, the duty to represent them in all actions which redound to
their benefit. In the present case, the basic petition shows that the
same was filed in the name of the minor petitioners, assisted by their
mother as their guardian ad litem. Whether the latter was or was not
actually appointed by the lower court in that capacity seems to be of
little consequence considering that under the legal provision just cited

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she may be deemed to have filed the petition jointly with her children
or in their behalf.
Lastly, it may not be amiss to remember that the jurisdiction of courts
over the subject matter depends upon the nature of the action or
proceeding and not upon the capacity or incapacity to sue on the part
of one of the parties; neither is it an absolute pre-requisite to
jurisdiction over an action by a minor that he sue by guardian ad litem.
The action is not deemed void on such ground alone because if the
lack or absence of a guardian ad litem constitutes any defect at all, the
same is amendable. In the present case, it is clear that the lower court
was fully cognizant of the fact that the mother of the petitioners
appeared as their guardian ad litem. This being so, the lack of any
positive proof that no order appointing her as such has ever been
issued justifies the presumption either that she was actually so
appointed or that the lower court inferentially authorized her
appearance as such.
Doctrine of Act-of-God
Definition: The doctrine that requires all human agencies to be
excluded from creating the cause of the mischief. Such doctrine
cannot be invoked to protect a person who has failed to take steps to
forestall the possible adverse consequences of loss or injury. Since
the delay in payment in the present case was partly a result of human
participation - whether from active intervention or neglect - the whole
occurrence was humanized and was therefore outside the ambit of a
caso fortuito.
Case: MIAA v. Ala Industries Corp., G.R. No. 147349, February 13,
2004.
First, processing claims against the government are certainly not only
foreseeable and expectable, but also dependent upon the human will.
Second, the Christmas season is not a casofortuito, but a regularly
occurring event. Third, the occurrence of the Christmas season did not
at all render impossible the normal fulfillment of the obligation. Fourth,
MIAA cannot argue that it is free from any participation in the delay. It
should have laid out on the compromise table the problems that would
be caused by a deadline falling during the Christmas season.
Furthermore, it should have explained to ALA the process involved for
the payment of AL's claim.

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Doctrine of Res Nullius

Definition: Res nullius, is a Latin-based legal term that refers to a
property or object that has no owner or has been abandoned. The
term is derived from Roman law and, when translated, literally means
"nobody's property." There are a variety of objects that can be claimed
as res nullius and are considered ownerless property, meaning they
are free to be owned.
In this definition, the object, or 'res', must be something a person can
claim to own. While the law covers animals and land, the object in
question cannot be a person, though its original meaning covered
slaves as property rather than as people. As stated by law, if the
owner of an object abandons or gives up his property, then it is
automatically deemed res nullius. Traditionally, the abandoned
property can then be owned by any person and the person who first
takes possession of said property is deemed its rightful owner. Res
nullius does not apply to any object or property that has been stolen or
illegally acquired, only to property that has no owner or has been
abandoned.
Case: Sps. Gulla vs Labrador G.R. No. 149418 July 27, 2006.
The spouses Gulla insisted that the trial court erred in relying on the
survey report of Engr. Magarro. In contrast, their evidence showed
that Lot A, with an area of 562 square meters, is alienable and
disposable, and is covered by a 1936 tax declaration under the name
of Alfonso Bactad. Since the property is located within the salvage
zone, it is res nullius, hence, could not have been acquired by the
Labradors through accession under Article 440 of the New Civil Code.
They also insisted that the trial court had no jurisdiction to declare
them entitled to the possession of Lot A since the Republic of the
Philippines was not a party to the case. The spouses Gulla concluded
that they cannot be held liable for monthly rentals, actual damages
and attorney's fees, since the claimed title over the subject property is
fraudulent.
The trial court, the RTC and the CA were one in ruling that the 562-
square-meter property. Lot A, is part of the public domain, hence,
beyond the commerce of men and not capable of registration.

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In fact, the land is within the salvage zone fronting the China Sea as
well as the property covered by OCT No. P- 13350 in the name of
respondents. The provision relied upon is Article 440 of the New Civil
Code, which states that "the ownership of property gives the right by
accession to everything which is produced thereby, or which is
incorporated or attached thereto, either naturally or artificially." The
provision, however, does not apply in this case, considering that Lot A
is a foreshore land adjacent to the sea which is alternately covered
and left dry by the ordinary flow of the tides. Such property belongs to
the public domain and is not available for private ownership until
formally declared by the government to be no longer needed for public
use. Respondents thus have no possessory right over the property
unless upon application, the government, through the then Bureau of
Lands, had granted them a permit.

Doctrine of Force Majeure

Definition: Force majeure is generally intended to include risks
beyond the reasonable control of a party, incurred not as a product or
result of the negligence or malfeasance of a party, which have a
materially adverse effect on the ability of such party to perform its
obligations, as where non-performance is caused by the usual and
natural consequences of external forces (for example, predicted rain
stops an outdoor event), or where the intervening circumstances are
specifically contemplated.
Cases: Japan Airlines v. CA, G.R. No. 118664, August 7, 1998.
The Mt. Pinatubo eruption prevented JAL from proceeding to Manila
on schedule. Such event can be considered as "force majeure" since
the delayed arrival in Manila was not imputable to JAL. When JAL was
prevented from resuming its flight to Manila due to the effects of Mt.
Pinatubo eruption, whatever losses or damages in the form of hotel
and meal expenses the stranded passengers incurred, cannot be
charged to JAL. Indeed, in the absence of bad faith or negligence, JAL
cannot be liable for the amenities of its stranded passengers by
reason of a fortuitous event.
Asset Privitization Trust vs. T.J. Enterprises, G.R. No. 167195, May 8,
2009.

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The matter of fortuitous events is governed by Art. 1174 of the Civil

Code which provides that except in cases expressly specified by the
law, or when it is otherwise declared by stipulation, or when the nature
of the obligation requires assumption of risk, no person shall be
responsible for those events which could not be foreseen, or which
though foreseen, were inevitable. The elements of a fortuitous event
are: (a) the cause of the unforeseen and unexpected occurrence,
must have been independent of human will; (b) the event that
constituted the caso fortuito must have been impossible to foresee or,
if foreseeable, impossible to avoid; (c) the occurrence must have been
such as to render it impossible for the debtors to fulfill their obligation
in a normal manner, and; (d) the obligor must have been free from any
participation in the aggravation of the resulting injury to the creditor.
A fortuitous event may either be an act of God, or natural occurrences
such as floods or typhoons, or an act of man such as riots, strikes or
wars. However, when the loss is found to be partly the result of a
person's participation-whether by active intervention, neglect or failure
to act—the whole occurrence is humanized and removed from the
rules applicable to a fortuitous event.

Doctrine of Adherence jurisdiction

Definition: Once jurisdiction is vested in the court, it is retained up to
the end of the litigation , it remains with the court until the case is
finally terminated .
The exception to the rule: when a newly enacted statute changing the
jurisdiction of a court is given retroactive effect. It can divest a court of
jurisdiction over cases already pending before it is which were filed
before the statute came to force or became effective.
Cases: PLDT vs. Dulay G.R. no. L-53446 April 19, 1989.
The rule of adherence of jurisdiction until a cause is finally resolved or
adjudicated does not apply when the change in jurisdiction is curative
in character. Thus in the instant case, there is nothing wrong in
holding that Courts of First Instance/Regional Trial Courts no longer
have jurisdiction over aforesaid monetary claims of labor.
There is therefore no reason why P.D. 1691 should not be given
retroactive application to this pending case. P.D. 1691 merely restored

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the jurisdiction earlier vested in Labor Arbiters before the enactment of

P.D. 1367. It was intended to correct a situation where two tribunals
would have jurisdiction over separate issues arising from the same
labor conflict.
In any case, private respondents can still file an action before the
administrative machineries in the Department of Labor and
Employment While it is true that the respondents-employees' cause of
action has already prescribed, since Article 291 of the Labor Code
provide for a three-year prescriptive period for all money claims arising
from employer- employee relations, equity dictates that petitioners be
allowed to file the proper action before the appropriate labor tribunal.
At the time the petitioners filed their complaint with the then Court of
First Instance, the regular courts were the proper forum for all claims
for damages arising from employer-employee relations. Under these
circumstances, the retroactive application of Pres. Decree 1691
should not unduly deprive petitioners of the right to pursue their claim
in the proper tribunal if they choose to do so.

Barrameda Vda. De Ballesteros vs. Rural Bank Of Canaman Inc. G.R.

No. 176260 November 24, 2010.
The Court recognizes the doctrine on adherence of jurisdiction. Lucia,
however, must be reminded that such principle is not without
exceptions. It is well to quote the ruling of the CA on this matter, thus:
This Court is neither unmindful nor unaware of the doctrine on the
adherence of jurisdiction. However, the rule on adherence of
jurisdiction is not absolute and has exceptions. One of the exceptions
is that when the change in jurisdiction is curative in character
In sum, this Court holds that the consolidation is proper considering
that the liquidation court has jurisdiction over Lucia's action. It would
be more in keeping with law and equity if Lucia's case is consolidated
with the liquidation case in order to expeditiously determine whether
she is entitled to recover the property subject of mortgage from RBCI
and, if so, how much she is entitled to receive from the remaining
assets of the bank.

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Doctrine of Presumed Revocation

Definition: Where a will which cannot be found, is shown to have
been in the possession of the testator when last seen, the
presumption is, in the absence of other competent evidence, that the
same was cancelled or destroyed.
Case: Gago v. Mamuyac , G.R. No. 26317, January 29, 1927. The
Doctrine of Presumed Revocation applies, which provides that: where
a will which cannot be found, is shown to have been in the possession
of the testator when last seen, the presumption is, in the absence of
other competent evidence, that the same was cancelled or destroyed.
The same presumption arises where it is shown that the testator had
ready access to the will and it cannot be found after his death.
The presumption is, however, not conclusive and anyone who has
proof to the contrary may rebut the presumption.

Doctrine of Power to Rescind Obligations

Definition: The power to rescind obligations is implied in reciprocal
ones, in case one of the obligors should not comply with what is
incumbent upon him. The injured party may choose between the
fulfillment and the rescission of the obligation, with the payment of
damages in either case. He may also seek rescission, even after he
has chosen fulfillment, if the latter should become impossible.
The court shall decree the rescission claimed, unless there be just
cause authorizing the fixing of a period.
This is understood to be without prejudice to the rights of third persons
who have acquired the thing, in accordance with Laws.
Cases: Uni wide Holdings, Inc., vs Jandecs Trans. Co. G.R. No.
168522 December 19, 2007.
The right of rescission is implied in every reciprocal obligation where
one party fails to perform what is incumbent upon him while the other
is willing and ready to comply. Certainly, petitioner's failure to deliver
the units on the commencement date of the lease on October 1,1997
gave respondent the right to rescind the contract after the latter had
already paid the contract price in full.

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Furthermore, respondent's right to rescind the contract cannot be

prevented by the fact that petitioner had the option to substitute the
stalls. Even if petitioner had that option, it did not, however, mean that
it could insist on the continuance of the contract by forcing respondent
to accept the substitution. Neither did it mean that its previous default
had been obliterated completely by the exercise of that option.
Benos vs. Lawilao G.R. no. 172259 December 5, 2006.
The court said: The power to rescind obligations is implied in
reciprocal ones in case one of the obligors should not comply with
what is incumbent upon him is clear from a reading of the Civil Code
provisions. However, it is equally settled that, in the absence of a
stipulation to the contrary, this power must be invoked judicially; it
cannot be exercised solely on a party's own judgment that the other
has committed a breach of the obligation. Where there is nothing in
the contract empowering the petitioner to rescind it without resort to
the courts, the petitioner's action in unilaterally terminating the
contract in this case is unjustified.

It is evident that the contract under consideration does not contain a

provision authorizing its extrajudicial rescission in case one of the
parties fails to comply with what is incumbent upon him. This being the
case, respondents-spouses should have asked for judicial intervention
to obtain a judicial declaration of rescission. Be that as it may, and
considering that respondents-spouses' Answer (with affirmative
defenses) with Counterclaim seeks for the rescission of the Deed of
Sale with Assumption of Mortgage, it behooves the court to settle the
matter once and for all than to have the case re-litigated again on an
issue already heard on the merits and which this court has already
taken cognizance of. Having found that petitioners seriously breached
the contract, we, therefore, declare the same is rescinded in favor of
respondents-spouses.

Doctrine of Dependent Relative Revocation

Definition: The doctrine that regards as mutually interrelated the acts
of a testator destroying a will and executing a second will. In such
cases, if the second will is either never made or improperly executed,

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there is a rebuttable presumption that the testator would have

preferred the former will to no will at all, which allows the possibility of
probate of the destroyed will.
Case: Molo v. Molo, G.R. No. L-2538, September 21, 1951.
Granting for the sake of argument that the earlier will was voluntarily
destroyed by the testator after the execution of the second will, which
revoked the first, could there be any doubt, under this theory, that said
earlier will was destroyed by the testator in the honest belief that it
was no longer necessary because he had expressly revoked it in his
will of 1939? In other words, can we not say that the destruction of the
earlier will was but the necessary consequence of the testator's belief
that the revocatory clause contained in the subsequent will was valid
and the latter would be given effect? If such is the case, then it is our
opinion that the earlier will can still be admitted to probate under the
principle of "dependent relative revocation".
This doctrine is known as that of dependent relative revocation, and is
usually applied where the testator cancels or destroys a will or
executes an instrument intended to revoke a will with a present
intention to make a new testamentary disposition as a substitute for
the old, and the new disposition is not made or, if made, fails of effect
for same reason. The doctrine is n limited to the existence of some
other document, however, and has been applied where a will was
destroyed as a consequence of a mistake of law. (68 C.J.P. 799).
The rule is established that where the act of destruction is connected
with the making of another will so as fairly to raise the inference that
the testator meant the revocation of the old to depend upon the
efficacy of a new disposition intended to be substituted, the revocation
will be conditional and dependent upon the efficacy of the new
disposition; and if, for any reason, the new will intended to be made as
a substitute is inoperative, the revocation fails and the original will
remains in full force. (Gardner, pp. 232, 233.)
This is the doctrine of dependent relative revocation. The failure of a
new testamentary disposition upon whose validity the revocation
depends, is equivalent to the non-fulfillment of a suspensive
conditions, and hence prevents the revocation of the original will. But
a mere intent to make at some time a will in the place of that
destroyed will not render the destruction conditional. It must appear

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that the revocation is dependent upon the valid execution of a new

will. (1 Alexander, p. 751; Gardner, p, 253.)

Doctrine of Substantial Compliance

Definition: A legal principle which says that if a good faith attempt is
made to perform the requirements of the agreement even if it does not
precisely meet the terms of the agreement or statutory requirements,
the performance will still be considered complete if the essential
purpose is accomplished.
Cases: Spouses Efren Mason and Digna Mason v. The Honorable
Court of Appeals and Columbus Philippines Bus Corporation, G.R.
No. 144662, October 13, 2003.
The question of whether the substantial compliance rule is still
applicable under Section 11, Rule 14 of the 1997 Rules of Civil
Procedure has been settled in Villarosa which applies squarely to the
instant case. In the said case, petitioner E.B. Villarosa & Partner Co.
Ltd. (hereafter Villarosa) with principal office address at 102 Juan
Luna St., Davao City and with branches at 2492 Bay View Drive,
Tambo, Paranaque, Metro Manila and Kolambog, Lapasan, Cagayan
de Oro City, entered into a sale with development agreement with
private respondent Imperial Development Corporation. As Villarosa
failed to comply with its contractual obligation, private respondent
initiated a suit for breach of contract and damages at the Regional
Trial Court of Makati. Summons, together with the complaint, was
served upon Villarosa through its branch manager at Kolambog,
Lapasan, Cagayan de Oro City. Villarosa filed a Special Appearance
with Motion to Dismiss on the ground of improper service of summons
and lack of jurisdiction. The trial court denied the motion and ruled that
there was substantial compliance with the rule, thus, it acquired
jurisdiction over Villarosa. The latter questioned the denial before us in
its petition for certiorari. We decided in Villarosa's favor and declared
the trial court without jurisdiction to take cognizance of the case. We
held that there was no valid service of summons on Villarosa as
service was made through a person not included in the enumeration in
Section 11, Rule 14 of the 1997 Rules of Civil Procedure, which
revised the Section 13, Rule 14 of the 1964 Rules of Court. We
discarded the trial court's basis for denying the motion to dismiss,

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namely, private respondent's substantial compliance with the rule on

service of summons, and fully agreed with petitioner's assertions that
the enumeration under the new rule is restricted, limited and
exclusive, following the rule in statutory construction that expressio
unios est exclusio alterius. Had the Rules of Court Revision
Committee intended to liberalize the rule on service of summons, we
said, it could have easily done so by clear and concise language.
Absent a manifest intent to liberalize the rule, we stressed strict
compliance with Section 11, Rule 14 of the 1997 Rules of Civil
Procedure.
Neither can herein petitioners invoke our ruling in Millenium to support
their position for said case is not on all fours with the instant case. We
must stress that Millenium was decided when the 1964 Rules of Court
were still in force and effect, unlike the instant case which falls under
the new rule. Hence, the cases cited by petitioners where we upheld
the doctrine of substantial compliance must be deemed overturned by
Villarosa, which is the later case.
SPS. Heber & Char/ita Edillo v. SPS. Norberto & Desideria Dulpina.
G.R. No. 188360, January 21, 2010
There was substantial compliance with the Rules because the
background facts can be found within the four corners of the petition
and its incorporated annexes, is not a novel ruling for this Court. In the
case of Deloso v. Marapao35cralaw (involving the same deficiency for
lack of a specific and separate statement of facts outlining the factual
background relied upon), we said:
An examination of the petition filed with the Court of Appeals reveals
that while it does not contain a separate section on statement of facts,
the facts of the case are, in fact, integrated in the petition particularly
in the discussion/argument portion. Moreover, the decision of the
DARAB which contains the facts of the case was attached to the
petition and was even quoted by the appellate court. The petition also
sufficiently discusses the errors committed by the DARAB in its
assailed decision.
There was, therefore, substantial compliance with Sec. 6, Rule 43 of
the Rules of Court. It is settled that liberal construction of the Rules
may be invoked in situations where there may be some excusable
formal deficiency or error in a pleading, provided that the same does

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not subvert the essence of the proceeding and connotes at least a

reasonable attempt at compliance with the Rules. After all, rules of
procedure are not to be applied in a very rigid, technical sense; they
are used only to help secure substantial justice.
Given this precedent, it only remains for us to determine if we can
apply a liberal construction of the Rules because a meaningful
litigation of the case can ensue given the Petitions prima facie merit.

Doctrine of Mirror
Definition: The general rule is that a purchaser may be considered a
purchaser in good faith when he has examined the latest certificate of
title. An exception to this rule is when there exist important facts that
would create suspicion in an otherwise reasonable man to go beyond
the present title and to investigate those that preceded it. Thus, it has
been said that a person who deliberately ignores a significant fact
which would create suspicion in an otherwise reasonable man is not
an innocent purchaser for value. A purchaser cannot close his eyes to
facts which should put a reasonable man upon his guard, and then
claim that he acted in good faith under the belief that there was no
defect in the title of the vendor as has been held in other cases, if the
buyer fails to take the ordinary precautions which a prudent man
would have taken under the circumstances, specially in buying a piece
of land in the actual, visible and public possession of another person,
other than the vendor, constitutes gross negligence amounting to bad
faith.
In this connection, it has been held that where, the land sold is in the
possession of a person other than the vendor, the purchaser is
required to go beyond the certificate of title to make inquiries
concerning the rights of the actual possessor. Failure to do so would
make him purchaser in bad faith.

Cases: Lucena vs. CA, G.R. No. 77468, August 25, 1999.
One who purchases real property which is in the actual possession of
another should, at least make some inquiry concerning the right of
those in possession. The actual possession by a person other than
the vendor should, at least put the purchaser upon inquiry. He can

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scarcely, in the absence of such inquiry, be regarded as a bona fide

purchaser as against such possessors.
Amancio, etal. vs. CA, et al., G.R. No. 152627, September 16, 2005.
Being a corporation engaged in the business of buying and selling real
estate, it was gross negligence on its part to merely rely on the seller's
assurance that the occupants of the property were mere squatters
considering that it had the means and the opportunity to investigate for
itself the accuracy of such information.
Doctrine of Extrajudicial Partition
Definition: Without creditors to take into consideration, it is competent
for the heirs of an estate to enter into an agreement for distribution
thereof in a manner and upon a plan different from those provided by
the rules from which, in the first place, nothing can be inferred that a
writing or other formality is essential for the partition to be valid.
Cases: Cua Vs. Vargas et.al. G.R. No.156536 October 31, 2006.
The Supreme Court said that the procedure outlined in Section 1 of
Rule 74 is an ex parte proceeding. The rule plainly states, however,
that persons who do not participate or had no notice of an extrajudicial
settlement will not be bound thereby. It contemplates a notice that has
been sent out or issued before any deed of settlement and/or partition
is agreed upon (i.e., a notice calling all interested parties to participate
in the said deed of extrajudicial settlement and partition), and not after
such an agreement has already been executed as what happened in
the instant case with the publication of the first deed of extrajudicial
settlement among heirs.
The publication of the settlement does not constitute constructive
notice to the heirs who had no knowledge or did not take part in it
because the same was notice after the fact of execution. The
requirement of publication is geared for the protection of creditors and
was never intended to deprive heirs of their lawful participation in the
decedent's estate. In this connection, the records of the present case
confirm that respondents never signed either of the settlement
documents, having discovered their existence only shortly before the
filing of the present complaint. Following Rule 74, these extrajudicial
settlements do not bind respondents, and the partition made without
their knowledge and consent is invalid insofar as they are concerned.

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Bautista v. Bautista et.al G.R.no. 160556 August 3, 2007.

The deed of extra-judicial partition in the case at bar being invalid, the
action to have it annulled does not prescribe.
Since the deed of extra-judicial partition is invalid, it transmitted no
rights to Teofilo's coheirs. Consequently, the subsequent transfer by
Angelica and Alegria of ¥2 of the property to Pacita and her husband
Pedro, as well as the transfer of ¥2 of the property to Cesar
Tamondong is invalid, hence, conferring no rights upon the
transferees under the principle of nemo dat quod non habet.
Doctrine of a Good Father of a Family or Reasonably Prudent
Man.
Definition: The Supreme Court described a good father of a family by
first stating who is not. He is not and is not supposed to be omniscient
of the future; rather, he is one who takes precautions against any
harm when there is something before him to suggest or warn him of
the danger or to foresee it
Cases: Picart v. Smith, G.R. No. L-12406, March 15, 1918.
The Supreme Court described a good father of a family by first stating
who is not. He is not and is not supposed to be omniscient of the
future; rather, he is one who takes precautions against any harm when
there is something before him to suggest or warn him of the danger or
to foresee it.
A good father of a family is likewise referred to as the reasonable
man, man of ordinary intelligence and prudence, or ordinary
reasonable prudent man. In English law, he is sometimes referred to
as the man on top.

Antonio Francisco, substituted by his heirs: Nelia E.S. Francisco,

Emilia F. Bertiz, Rebecca E.S. Francisco, Antionio E.S. Francisco, Jr.,
Socorro F. Fontanilla, and Jovito E.S. Francisco v. Chemical Bulk
Carriers, Incorporated. G.R. No. 193577, September 7, 2011.
The heirs of Francisco argue that the Court of Appeals erred when it
ruled that Francisco was liable to CBCI because he failed to exercise
the diligence of a good father of a family when he bought the diesel
fuel. They argue that since Francisco was blind, the standard of

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conduct that was required of him was that of a reasonable person

under like disability. Moreover, they insist that Francisco exercised
due care in purchasing the diesel fuel by doing the following: (1)
Francisco asked his son to check the identity of Bacsa; (2) Francisco
required direct delivery from Petron; (3) Francisco required that he be
named as the consignee in the invoice; and (4) Francisco required
separate receipts from Bacsa to evidence actual payment.
Standard of conduct is the level of expected conduct that is required
by the nature of the obligation and corresponding to the circumstances
of the person, time and place. The most common standard of conduct
is that of a good father of a family or that of a reasonably prudent
person. To determine the diligence which must be required of all
persons, we use as basis the abstract average standard
corresponding to a normal orderly person.
However, one who is physically disabled is required to use the same
degree of care that a reasonably careful person who has the same
physical disability would use. Physical handicaps and infirmities, such
as blindness or deafness, are treated as part of the circumstances
under which a reasonable person must act. Thus, the standard of
conduct for a blind person becomes that of a reasonable person who
is blind.

Mercado vs Espiritu Doctrine

Definition: Sale of realestate, made by minors who (or actively
misrepresented) to be of legal age, when in fact they are not, is valid
and they will not be permitted to excuse themselves from the
fulfillment of the obligations contracted by them or to have them
annulled (Mercado vs Espiritu, 37 Phil 215, 1917)
Case:
In the Mercado case, the minors who pretended or actively
misrepresented their age were estopped from contesting the contract
executed by him. However, in the case of Bambalan vs Maramba (51
Phil 417 G.R. No. L-27710, 1928), it was not applied because the
minors passively misrepresented or did not pretend their age and his
minority was known to the purchaser. This was also the same in the
case of Braganza v. Villa Abrille (105 Phil. 456 G.R. No. L-12471,

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1959) where it held that failure of minor to disclose his minority when
making contract does not constitute fraud.
Burca Doctrine
Definition: By constitutional and legal precepts, an alien woman who
marries a Filipino citizen, dies not by mere fact of marriage
automatically become a Filipino Citizen (Burca vs Republic, L-24252,
January 30, 1967, 19 SCRA 186)
Case: Moy Ya Lim Yao et al vs. The Commissioner of Immigration.
G.R. No. L-21289 October 4, 1971 41 SCRA 292.
By constitutional and legal precepts, an alien woman who marries a
Filipino citizen, dies not by mere fact of marriage automatically
become a Filipino Citizen. The reason is that she must possess all the
qualification and none of the disqualifications for naturalization as held
in Ly Giok Ha et al vs Galang (L-31332, March 13, 1966). This rule
was applied to natural- born Filipino in the case of Austria vs Conchu
(L-20716, June 22, 1965), in the case of naturalized Filipino in Lao
Chay et al vs Galang (L-19977, October 30, 1964) and by election.
However, the said case was reversed.
Doctrine Of Apparent Sign
Definition: Easements are inseparable from the estate to which they
actively or passively pertain. The existence of apparent sign under Art.
624 is equivalent to a title. It is as if there is an implied contract
between the two new owners that the easement should be constituted,
since no one objected to the continued existence of the windows.
Case: Uy v. CA,G.R. No. 120465, September 9, 1999.
Agents are not a party with respect to that contract between his
principal and third persons. As agents, they only render some service
or do something in representation or on behalf of their principals. The
rendering of such service did not make them parties to the contracts of
sale executed in behalf of the latter.
The fact that an agent who makes a contract for his principal will gain
or suffer loss by the performance or nonperformance of the contract
by the principal or by the other party thereto does not entitle him to
maintain an action on his own behalf against the other party for its
breach. An agent entitled to receive a commission from his principal

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upon the performance of a contract which he has made on his

principal's account does not, from this fact alone, have any claim
against the other party for breach of the contract, either in an action on
the contract or otherwise. An agent who is not a promisee cannot
maintain an action at law against a purchaser merely because he is
entitled to have his compensation or advances paid out of the
purchase price before payment to the principal.
Error PIacitandi Aequitatem Non Tollit
Definition: A clerical error does not take away equity.

Case: Ings on vs Olaybar, G.R. No. L-28 73 4, December 4, 1928.

Out of the foregoing descriptive narration of the history of the case,
there arise certain definite points. The first point is that the clerk of the
Court of First Instance of Occidental Negros made a mistake in
informing the clerk of this court that the attorney for the defendant was
notified on August 19, 1927, of the order denying his motion for a new
trial, when the true date was September 24, 1927. The second point is
that while this court accepted in good faith the original statement of
the clerk of the Court of First Instance of Occidental Negros, in the
motion presented by the attorney for the appellant in which he
attempted to set right the court, he did no more than make an
assertion and ask the court to revise the record to substantiate the
truth assertion, without corroborating his allegation by the necessary
affidavits. The question now is what to be done at this late date. An
error was made but the case is an old one and some violence will
have to be done to regular proceduree if it be reinstated.
There is in civil law what is known as errors in fact. There is in the
common law what is known as a mistake of fact. In applying the
principles relating to errors in fact and a mistake of fact, the courts are
guided by the maxim Error placitandi aequitatem non tollit ("A clerical
error does not take away equity"), and the maxim Error scribentis
nocere non debit (An error made by a clerk ought not to injure; a
clerical error may be corrected").
Comparatively speaking, this is a trivial case. Yet trivial or not, the
litigant has a right to review. He would have had that right had not a
clerk made a mistake. That mistake should now be set right. Dislike of

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taking time to investigate to the detail a small matter, hesitancy in

acknowledging error, and pride in maintaining one's position at any
cost, must all give away to the doing of exact justice. The prayer is
addressed to the conscience of the court. It should there receive
equitable and just consideration.

Doctrine of Culpa Aquiliana

Definition: In Culpa Aquiliana, or quasi-delict, (a) when an act or
omission causes physical injuries, or (b) where the defendant is guilty
of intentional tort, 8 moral damages may aptly be recovered. This rule
also applies, as aforestated, to contracts when breached by tort.
Cases: Spouses Erlinda Batal and Frank Bata I v. Spouses Luz San
Pedro and Kenichiro Tominaga, Callejo, Sr. and Chico-Nazario, JJ.
G.R. No. 164601, September 27, 2006
Culpa, or negligence, may be understood in two different senses:
either as culpa aquiliana, which is the wrongful or negligent act or
omission which creates a vinculum juris and gives rise to an obligation
between two persons not formally bound by any other obligation, or as
culpa contractual, which is the fault or negligence incident in the
performance of an obligation which already existed, and which
increases the liability from such already existing obligation. Culpa
aquiliana is governed by Article 2176 of the Civil Code and the
immediately following Articles; while culpa contractual is governed by
Articles 1170 to 1174 of the same Code.

Articles 1170 and 1173 provide:

ART. 1170. Those who in the performance of their obligations are
guilty of fraud, negligence, or delay, and those who in any manner
contravene the tenor thereof, are liable for damages.
ART. 1173. The fault or negligence of the obligor consists in the
omission of that diligence which is required by the nature of the
obligation and corresponds with the circumstances of the persons, of
the time and of the place. When negligence shows bad faith, the
provisions of articles 1171 and 2202, paragraph 2, shall apply.

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If the law or contract does not state the diligence which is to be

observed in the performance, that which is expected of a good father
of a family shall be required.
In the present case, it is clear that the petitioners, in carrying out their
contractual obligations, failed to exercise the requisite diligence in the
placement of the markings for the concrete perimeter fence that was
later constructed. The placement of the markings had been done
solely by petitioner Frank Batal who is not a geodetic engineer. It was
later discovered that it was not he but his wife, petitioner Erlinda Batal,
who is the licensed geodetic engineer and who is, therefore, the one
qualified to do the work. Petitioner Frank Batal's installation of the
concrete cyclone monuments had been done without the adequate
supervision of his wife, Erlinda. As a result, the placement of the
monuments did not accurately reflect the dimensions of the lot. The
respondents, upon assurance given by petitioner Frank Batal that they
could proceed with the construction of the perimeter fence by relying
on the purported accuracy of the placement of the monuments,
erected their fence which turned out to encroach on an adjacent
easement. Because of the encroachment, the respondents had to
demolish and reconstruct the fence and, thus, suffered damages.
Elcano vs. Hill, G. R. No. L-24803, May 26,1977, 77 SCRA 98.
A separate civil action lies against the offender in a criminal act,
whether or not he is criminality prosecuted and found guilty or
acquitted, provided that the offended party is not snowed, if he is
actually charged also criminally, to receiver damages on both scores,
and would be entitled in such eventuality only to the bigger award of
the two, assuming the awards made in the two cases vary. In other
words, the extinction of civil liability referred to in Par (e), Section 3,
Rule III, refers exclusively to civil liability founded on Article 100 of the
Revised Penal Code, whereas the civil liability for the same act
considered as a quasi-delict only and not as a crime is not
extinguished even by a declaration in the criminal case that the
criminal act charged has not happened or has not been committed by
the accused. Briefly stated, We here hold, in reiteration of Garcia that
culpa aquiliana includes voluntary and negligent acts which may be
punishable by law.

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Distingue Tempora et Concordabis Jura

Definition: Distinguish times and you will harmonize laws.
Cases: The United States v. Alvir, G.R. No. L-3981, January 14,
1908.
The defendant did not appeal nor attempt to appeal from the judgment
of the court below. After having undergone his term of imprisonment,
and upon a writ of attachment being issued against his property to
enforce the payment of the P500, which, according to the judgment,
he was required to pay the offended party, he filed a motion asking the
court to permit him to keep the child in his own house and to be
released from the obligation of paying to the offended party the P15
monthly, as ordered by the court below. The accused based his claim
on article 149 of the Civil Code. The motion of the accused was
overruled by the court in the following terms:
The court holds that such option can not be exercised by an accused
against whom final judgment ordering him to support the offspring has
been entered in a cause instituted against him for seduction,
ravishment, or rape, in view of the fact that the provision contained in
article 149 is not applicable to cases wherein the obligation to provide
support constitutes one of the findings of the decision rendered in
criminal causes.
From the above decision the accused has appealed to this court, and
the question at issue now is, whether the party who provides the
subsistence is in this case entitled to claim that the person who enjoys
the same shall live with him in his own house, and there receive the
support which he is under obligation to provide. It is a juridical maxim,
distingue tempora et concordabis jura.

Ex Dolo Malo Non Oritur Actio

Definition: Out of fraud no action arises.
Cases: Titong vs CA, G.R. No. 111141 March 6, 1998.
Petitioners have not satisfactorily met the requirements of good faith
and just title. As aptly observed by the trial court, the plaintiff's
admitted acts of converting boundary line (Bugsayon River) into a
ricefield and thereafter claiming ownership thereof were acts

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constituting deprivation of the rights of others and therefore

"tantamount to bad faith." To allow petitioner to benefit from his own
wrong would run counter to the maxim ex dolo malo non oritur actio
(no man can allowed to found a claim upon his own wrongdoing).
Extraordinary acquisitive prescription cannot similarly vest ownership
over the property upon petitioner. Art. 1137 of the Civil Code states
that "(o)wnership and other real rights over immovables prescribe
through uninterrupted adverse possession thereof for thirty years,
without need of title or of good faith." Petitioner's alleged possession
in 1962 up to September 1983 when private respondents entered the
property in question spanned twenty-one (21) years. This period of
time is short of the thirty- year requirement mandated by Art. 1137.
R.B. Industrial v. Enage, G.R. No. L-27741, July 29, 1968
Eastern's cause of action is anchored on the deed of assignment and
affidavit both executed by Kittilstvedt on December 29, 1959
conveying to Eastern all his rights under Ordinary Timber License
1286-'59 (New). But did Eastern acquire any right under these
documents to entitle it to sue for the performance of any prestation
thereunder by Kittilstvedt?
The Supreme Court answer is No. First, the license had already
expired. There was no license to transfer. Second, the license itself
says that such license is non-transferable. And. Eastern is duty bound
to be guided by that prohibition. Third, the conveyance was illegal. Ex
dolo malo non oritur actio. A party to an illegal contract cannot come
to court and ask to have his illegal objects carried out.

Ex Pacto Illicito Non Oritur Actio

Definition: A Latin maxim which means that From an illicit contract no
action arises. A right does not arise from an unlawful act. A right to file
an action does not arise upon an unlawful agreement. To render an
agreement valid, it should comply with the requisites of a valid
contract.
Cases: Lita Enterprises v. Second Civil Cases Division, G.R. No. L-
64693 April 27, 1984.
The parties herein operated under an arrangement, commonly known
as the "kabit system", whereby a person who has been granted a

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certificate of convenience allows another person who owns motors

vehicles to operate under such franchise for a fee. A certificate of
public convenience is a special privilege conferred by the
government . Abuse of this privilege by the grantees thereof cannot be
countenanced. The "kabit system" has been Identified as one of the
root causes of the prevalence of graft and corruption in the
government transportation offices. In the words of Chief Justice
Makalintal, "this is a pernicious system that cannot be too severely
condemned. It constitutes an imposition upon the goo faith of the
government.
"Ex pacto illicito non oritur actio' [No action arises out of an illicit
bargain] is the tune-honored maxim that must be applied to the parties
in the case at bar. Having entered into an illegal contract, neither can
seek relief from the courts, and each must bear the consequences of
his acts.
Teja Marketing and/or Angel Jaucian v. Honorable Intermediate
Appellate Court and Pedro N. Nale.G.R. No. L-65510, March 9, 1987.
"'Ex pacto illicito non oritur actio" (No action arises out of illicit bargain)
is the time-honored maxim that must be applied to the parties in the
case at bar. Having entered into an illegal contract, neither can seek
relief from the courts, and each must bear the consequences of his
acts." (Lita Enterprises vs. IAC, 129 SCRA 81.)
However, as the purchase of the motorcycle for operation as a tri mo
bile under the franchise of the private respondent Jaucian, pursuant to
what is commonly known as the "kabit system", without the prior
approval of the Board of Transportation (formerly the Public Service
Commission) was an illegal transaction involving the fictitious
registration of the motor vehicle in the name of the private respondent
so that he may traffic with the privileges of his franchise, or certificate
of public convenience, to operate a tricycle service, the parties being
in pari delicto, neither of them may bring an action against the other to
enforce their illegal contract [Art.1412 (a), Civil Code].

Res Inter Alios Acta

Definition: This is a technical phrase which signifies acts of others, or
transactions between others. Neither the declarations nor any other

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acts of those who are mere strangers, or, as it is usually termed, any
res inter alios ada, are admissible in evidence against any one when
the party against whom such acts are offered in evidence, was privy to
the act, the objection ceases; it is no longer res inter alios.
Cases: Harold V. Tamargo v. Romulo Awingan, Lloyd Antiporda and
Licerio Antiporda, Jr., G.R. No. 177727, January 19, 2010.
The rule on res inter alios acta provides that the rights of a party
cannot be prejudiced by an act, declaration, or omission of another.
Consequently, an extrajudicial confession is binding only on the
confessant, is not admissible against his or her co-accused and is
considered as hearsay against them.
The reason for this rule is that:
on a principle of good faith and mutual convenience, a man's own acts
are binding upon himself, and are evidence against him. So are his
conduct and declarations. Yet it would not only be rightly inconvenient,
but also manifestly unjust, that a man should be bound by the acts of
mere unauthorized strangers; and if a party ought not to be bound by
the acts of strangers, neither ought their acts or conduct be used as
evidence against him.
An exception to the res inter alios acta rule is an admission made by a
conspirator under Section 30, Rule 130 of the Rules of Court:
Admission by conspirator. — The act or declaration of a conspirator
relating to the conspiracy and during its existence, may be given in
evidence against the co-conspirator after the conspiracy is shown by
evidence other than such act or declaration.
This rule prescribes that the act or declaration of the conspirator
relating to the conspiracy and during its existence may be given in
evidence against co-conspirators provided that the conspiracy is
shown by independent evidence aside from the extrajudicial
confession. Thus, in order that the admission of a conspirator may be
received against his or her co-conspirators, it is necessary that (a) the
conspiracy be first proved by evidence other than the admission itself
(b) the admission relates to the common object and (c) it has been
made while the declarant was engaged in carrying out the conspiracy.
Otherwise, it cannot be used against the alleged co-conspirators

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without violating their constitutional right to be confronted with the

witnesses against them and to cross-examine them.
Here, aside from the extrajudicial confession, which was later on
recanted, no other piece of evidence was presented to prove the
alleged conspiracy. There was no other prosecution evidence, direct
or circumstantial, which the extrajudicial confession could corroborate.
Therefore, the recanted confession of Columna, which was the sole
evidence against respondents, had no probative value and was
inadmissible as evidence against them.

Cruz vs CA, G.R. No. 126713 July 27, 1998.

Respondent Court found that several deeds of sale and real estate
mortgage, which petitioners executed when they sold or mortgaged
some parcels adjudicated to them under the DPP, contained the
statement that the vendor/mortgagor was the absolute owner of the
parcel of residential land and that he or she represented it as free from
liens and encumbrances. On the basis of these pieces of evidence,
Respondent Court held that petitioners were estopped from claiming
that there was a co-ownership over the disputed parcels of land which
were also covered by the DPP. Petitioners contend that Respondent
Court, in so ruling, violated the res inter alios acta rule.
Petitioners' contention is untenable. Res inter alios acta, as a general
rule, prohibits the admission of evidence that tends to show that what
a person has done at one time is probative of the contention that he
has done a similar acts at another time. Evidence of similar acts or
occurrences compels the defendant to meet allegations that are not
mentioned in the complaint, confuses him in his defense, raises a
variety of irrelevant issues, and diverts the attention of the court from
the issues immediately before it. Hence, this evidentiary rule guards
against the practical inconvenience of trying collateral issues and
protracting the trial and prevents surprise or other mischief prejudicial
to litigants.
The rule, however, is not without exception. While in admissible in
general, collateral facts may be received as evidence under
exceptional circumstances, as when there is a rational similarity or
resemblance between the conditions giving rise to the fact offered and
the circumstances surrounding the issue or fact to be proved.

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Evidence of similar acts may frequently become relevant, especially in

actions based on fraud and deceit, because it sheds light on the state
of mind or knowledge of a person; it provides insight into such
person's motive or intent; it uncovers a scheme, design or plan; or it
reveals a mistake.

Impossibilium Nulla Obligation Est

Definition: A maxim meaning that a legal obligation that is impossible
to perform must be of no legal obligation.
Cases: Ramon A. Gonzales v. Hon. Francisco I. Chavez, in his
capacity as Solicitor General, Presidential Commission on Good
Government, and Commision on Audit G.R. No. 97351, February 4,
1992.
As to matters that are of great pith and moment, suffice it to say that
the recent Benedicto "compromise" agreement, not to mention the
SMC-UCPB Compromise settlement, is sub judice or under
advisement not only of the Sandiganbayan but also of this Honorable
Court in separate "incidents," and suffice it to state that the
relationship, obtaining between the Government offices/agencies and
the Office of the Solicitor General as counsel, is not at all like one that
simply would obtain between private client and private lawyer in
private practice, although constant consultation and advice are sine
qua non in both types of relationship. The relationship is rather one,
created as it is by law, where imposed upon OSG is the responsibility
to present to the courts the position that will uphold the best interests
of the People, the Government and the State, albeit the same may run
counter to its client's position or route of action. At any rate, the PCGG
through nationwide TV broadcast and print media, publicly announced
that PCGG had disposed with or otherwise did not need the legal
services of the Lawyer of the Government, and thus OSG descended,
not the unmerited remark of having "abandoned" the ill-gotten wealth
cases, but the time-honored principle of impossibilium nulla obligatio
est, i.e., there is no obligation to do impossible things (Lim Co Chui v.
Paredes, 47 Phil. 463), without in any way casting any aspersion on
the moral integrity of any Commissioner or PCGG official, as made
clear by the Solicitor General to the President in a meeting with
PCGG.

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Hence, in the light of all the foregoing circumstances, at rock-bottom

precisely so as not to prejudice "the interest of the Government"
(Orbos), the Solicitor General withdrew as counsel for PCGG in all
said cases by filing a notice of "Withdrawal of Appearance with
Reservation."
Chui vs Posadas, G.R. No. L-23487, February 11, 1925.
It may possibly be, as intimated by Judge Cooley in his standard
treatise on Taxation, volume 2, page 901, that "there might be
excuses for non-payment which would justify the interference of the
courts." The maxim is: Impossibilium nulla obligatio est. There is no
obligation to do impossible things. But here, there is no allegation in
the complaint that the inability of the Chinese to pay their taxes on
time was due to any order by the Government or to any action taken
by the Government, and no allegation that the delay in payment was
caused by the fault of him to whom it was to be paid. On the contrary,
the averment in the complaint is that the Chinese closed their homes
and stores and stayed therein "as a result of a mutual agreement had
thereon."

Lex Neminem Cogit Ad Vana

Definition: The law compels no one to perform a vain or useless act.
Cases: W. E. Hicks v. Manila Hotel Company, G.R. No. L-9973,
November 6, 1914.
The legitimate object is to enable the party upon whom it is made to
perform his contract and discharge his liability agreeable to the nature
of it without a suit at law; and whenever such party wholly denies the
right of the other to assert title in himself or unqualifiedly refuses
performance of the obligation, a demand is made useless, and
therefore unnecessary, since lex neminem cogit ad vana. For the
same reason and upon the same principle the failure to make a
demand before suit may be cured by proof that the defendant could
not have complied with the demand if it had been made; as where a
person contracts to assign his interest in certain lands to another
within a specified time upon payment of consideration therefor, and
the vendor prior to the stipulated time assigns his interest to a

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stranger. In such case a request by the vendee for the performance of

the contract is unnecessary. The rule stated otherwise is to the effect
that where a party bound to the future performance of a contract puts
it out of his power to perform it, the other party may treat this as a
breach and sue him at once, having thus an immediate right of action
for breach of the contract by anticipation.

Longi Temporis Possessio

Definition: The acquisition of title to property by long period of
possession, or by continued or uninterrupted possession.
Cases: Gallosa v. Arcangel, G.R. No. L-29300 June 21, 1978.
A rudimentary knowledge of substantive law trial procedure is
sufficient for an ordinary lawyer to conclude upon a causal perusal of
the 1967 complaint that it is baseless trial unwarranted.
What the plaintiffs seek is the "annulment" of a last will trial testament
duly probated in 1939 by the lower court itself. The proceeding is
coupled with an action to recover the lands adjudicated to the
defendants by the same court in 1943 by virtue of the probated will,
which action is a resuscitation of The complaint of the same parties
that the same court dismissed in 1952.

It is evident from the allegations of the complaint trial from defendants'

motion to dismiss that plaintiffs' 1967 action is barred by res judicata,
a double-barrelled defense, trial by prescription, acquisitive trial
extinctive, or by what are known in the jus civile trial the jus gentium
as usucapio, longi temporis possesio and praescriptio.
Ramos vs. Ramos, L-19872, December 3, 1974, 61 SCRA 284.
It is evident from the allegations of the complaint trial from defendants'
motion to dismiss that plaintiffs' 1967 action is barred by res judicata,
a double-barrelled defense, trial by prescription, acquisitive trial
extinctive, or by what are known in the jus civile trial the jus gentium
as usucapio, longi temporis possesio and praescriptio.

Nemo cum alterius detrimento protest

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Definition: Natural law is clear in that no one shall be enriched by the

injury or loss of another. One cannot unjustly enrich himself at the
expense of another.
Cases: Pacific Merchandising v. Consolation Insurance, G.R. No. L-
30204 October 29, 1976.
As the trial court aptly observed "... it is only simple justice that
Pajarillo should pay for the said claim, otherwise he would be
enriching himself without paying plaintiff for the cost of certain
materials that went into its construction. ... It is however, that he did so
only as a receiver of Leo Pajarillo by virtue of the judgment in Civil
Case No. 50201 all of the properties of Leo Enterprises, Inc. passed
on to Pajarillo by virtue of the judgment in Civil Case No. 50201." This
Roman Law principle of "Nemo Cum alterious detrimento locupletari
protest" is embodied in Article 22 (Human Relations), and Articles
2142 to 2175 (QuasiContracts) of the New Civil Code. Long before the
enactment of this Code, however, the principle of unjust enrichment
which is basic in every legal system, was already expres jurisdiction.
Serrano v. Court of Appeals, L-35529, July 16, 1984; 130 SCRA 353.
It is imperative to dissect the rationale of the insurance scheme
envisioned by the Social Security System. The Mortgage Redemption
Insurance device is not only for the protection of the SYSTEM but also
for the benefit of the mortgagor. On the part of the SYSTEM, it has to
enter into such form of contract so that in the event of the unexpected
demise of the mortgagor during the subsistence of the mortgage
contract, the proceeds from such insurance will be applied to the
payment of the mortgage debt, thereby relieving the heirs of the
mortgagor from paying the obligation. The SYSTEM insures the
payment to itself of the loan with the insurance proceeds. It also
negates any future problem that can crop up should the heirs be not in
a position to pay the mortgage loan. In short, the process of
amortization is hastened and possible litigation in the future is
avoided.
In a similar vein, ample protection is given to the mortgagor under
such a concept so that in the event of his death; the mortgage
obligation will be extinguished by the application of the insurance
proceeds to the mortgage indebtedness.

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The interpretation of the Social Security Commission goes against the

very rationale of the insurance scheme. It cannot unjustly enrich itself
at the expense of another (Nemo cum alterius detrimento protest).
"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" (Article 19, Civil Code).
Simply put, the SYSTEM cannot be allowed to have the advantage of
collecting the insurance benefits from the private life insurance
companies and at the same time avoid its responsibility of giving the
benefits of the Mortgage Redemption Insurance plan to the mortgagor.
The very reason for the existence of the Social Security System is to
extend social benefits. For SSS to be allowed to deny benefits to its
members, is certainly not in keeping with its policy "to establish,
develop, promote and perfect a sound and viable tax-exempt social
security service suitable to the needs of the people throughout the
Philippines, which shall provide to covered employees and their
families protection against the hazards of disability, sickness, old age,
and death with a view to promote their well-being in the spirit of social
justice"

Nemo Tenetur Seipsurn Accusare

Definition: No person shall be compelled to accuse himself.
Case: Villaflor vs Summers, G.R. No. 16444, September 8, 1920.
The maxim of the common law, Nemo tenetur seipsum accusare, was
recognized in England in early days, but not in the other legal systems
of the world, in a revolt against the thumbscrew and the rack. A legal
shield was raised against odious inquisitorial methods of interrogating
an accused person by which to extort unwilling confessions with the
ever present temptation to commit the crime of perjury. The kernel of
the privilege as disclosed by the textwriters was testimonial
compulsion. As forcing a man to be a witness against himself was
deemed contrary to the fundamentals of republican government, the
principle was taken into the American Constitutions, and from the
United States was brought to the Philippine Islands, in exactly as wide
— but no wider — a scope as it existed in old English days. The
provision should here be approached in no blindly worshipful spirit, but

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with a judicious and a judicial appreciation of both its benefits and its
abuses.
Perhaps the best way to test the correctness of our position is to go
back once more to elements and ponder on what is the prime purpose
of a criminal trial. As we view it, the object of having criminal laws is to
purgue the community of persons who violate the laws to the great
prejudice of their fellow men. Criminal procedure, the rules of
evidence, and constitutional provisions, are then provided, not to
protect the guilty but to protect the innocent. No rule is intemended to
be so rigid as to embarrass the administration of justice in its
endeavor to ascertain the truth. No accused person should be afraid
of the use of any method which will tend to establish the truth. For
instance, under the facts before us, to use torture to make the
defendant admit her guilt might only result in including her to tell a
falsehood. But no evidence of physical facts can for any substantial
reason be held to be detrimental to the accused except in so far as the
truth is to be avoided in order to acquit a guilty person.

Doctrine of Obiter Dictum

Definition: These are opinions not necessary to the determination of
a case. They are not binding and cannot have force of judicial
precedents. It has been said that an obiter dictum is an opinion
"uttered by the way, not upon the point of question pending." "It is as if
the court were turning aside from the main topic of the case to
collateral subjects.
Case: People of the Philippines v. Hon. Higinio Macadaeg. G.R. No.
L-4316. May 28, 1952
An obiter dictum is an opinion "uttered by the way, not upon the point
or question pending, as if turning aside from the main topic of the case
to collateral subjects" or the opinion of the court upon any point or
principle which it is not required to decide or an opinion of the court
which does not embody its determination and is made without
argument or full consideration of the point, and is not professed
deliberate determinations of the judge himself.
A cursory reading of the decision of this Court in G. R. No. L-2188 “
against respondent Antonio Guillermo discloses that the ruling of the

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Court that the said respondent is not entitled to the benefits of the
amnesty is not an obiter dictum, but is a ruling of the Court on an
issue expressly raised by the party appellant on facts or evidence
adduced in the course of the trial of his case. It is not an opinion
uttered by the way; it is a direct ruling on an issue expressly raised by
a party. It was not unnecessary to make that ruling; the ruling was
absolutely essential to a determination of a question of fact and of law
directly in issue. It was not made without argument or full
consideration of the point; it was deliberately entered by the Court
after arguments on both sides had been heard. This could not have
avoided determining the issue without the peril of rendering an
incomplete decision.

Doctrine of Ratio Decidendi

Definition: "The reason" or "the rationale for the decision." It is a legal
phrase which refers to the legal, moral, political, and social principles
used by a court to compose the rationale of a particular judgment.
Unlike obiter dicta, the ratio decidendi is, as a general rule, binding on
courts of lower and later jurisdiction—through the doctrine of stare
decisis. Certain courts are able to overrule decisions of a court of
coordinate jurisdiction —however, out of interests of judicial comity,
they generally try to follow coordinate rationes.

Case: Sande Aguinaldo v. Honorable Commission on Elections G.R.

No. L-53953, January 5, 1981.
It is of "no materiality" to distinguish whether the petition for
disqualification against the winning candidate was filed before the
election or after the proclamation of the winner since "the ratio
decidendi is broad enough to cover the present situation for it would
be time-consuming and in the end self- defeating if at this stage the
pre-proclamation controversy is not laid to rest. The better view, as
noted in Venezuela (G.R. No. 53532, July 25, 1980), is that resort be
had to the remedy of an election protest or a quo warranto, whichever
is proper.

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Doctrine of Pari Materia

Definition: A designation applied to statutes or general laws that were
enacted at different times but pertain to the same subject or object.
Statutes in pari materia must be interpreted in light of each other since
they have a common purpose for comparable events or items.
Case: Philippine global Communicatins, Inc., v. Hon. Benjamin
Relova, in his capacity as Presiding Judge, Court of First Instance of
Manila, Branch XI, PHILIPPINE TELEGRAPH AND TELEPHONE
CORPORATION, CAPITOL WIRELESS, INC. and RADIO
COMMUNICATIONS OF THE PHILIPPINES, INC. G.R. No. L-60548
November 10, 1986.
In Opinion No. 76 the view taken was that a message, to fall within
the purview of the franchise, once sent by a transmitter within the
Philippines, cannot be received by any station within the Philippines
even for the purpose of retransmitting such message to points outside
the Philippines. I believe that the interpretation given to the above-
quoted clause was too strict and does not conform with the spirit of
said provision. I take the view that the franchise has reference to the
destination of the message and not to the manner of transmittal. Not
as to whether it should be sent to the point of destination directly or
through relays. The reservation in favor of the Philippine Government
under section 4 of the franchise of "all wire- less communications
between points of stations within the Philippine Islands' is clearly
intended to refer only to domestic communications.
It should be understood, however, that no extra fees or tolls could be
collected for the transmittal of messages from a relay station to the
principal station in Manila. For to do so would make it a domestic
service and would bring such service in competition with the domestic
radio and telegraph service of the Bureau of Posts.
The above-quoted opinion was reiterated and reaffirmed by the
Undersecretary of Justice on November 28, 1973, in answer to the
query of the Acting Chairman of the Foreign Trade Zone Authority as
to whether or not Globe- Mackay Cable and Radio Corporation is
"authorized under its franchise to set a relay station inside the Foreign
Trade Zone in Mariveles, Bataan, which will receive interstate
communications for onward transmission by its main station in Manila.

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The above-stated opinions of the Secretary of Justice and

Undersecretary of Justice are material because Republic Acts Nos.
4630 and 4617 are in pari materia. As the Court has reiterated:
Statutes are said to be in pari materia when they relate to the same
person or thing, or to the same class of persons or things, or have the
same purpose or object. (Sutherland Statutory Construction, Vol. 11,
pp. 535-536) When statutes are in pari materia; the rule of statutory
construction dictates that they should be construed together. (Black on
Interpretation of Laws, Sec. 106) ... (City of Naga vs. Agna, May 31,

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