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3 Civil Law Animo Notes
3 Civil Law Animo Notes
3 Civil Law Animo Notes
CIVIL LAW
Animo Notes 2019
GENERAL PRINCIPLES
The law shall take effect on the 16th day because in computing the period, the first day is excluded and the last
day included. (Art. 13, NCC)
Exception: When it is otherwise provided by the law. This clause refers to the date of effectivity and not the
requirement of publication itself, which cannot in any event be omitted. Such omission would offend due process
insofar as it would deny the public knowledge of the laws that are supposed to govern it. (Tañada v. Tuvera, 1986)
However, when a doctrine is overruled and a different view is adopted, the new doctrine should be applied
prospectively, and should not apply to parties who had relied on the old doctrine and acted on the faith thereof.
(People v. Jabinal, 1974)
Under Article 15, the Philippines follows the nationality theory. Family rights and duties, status, and legal capacity
of Filipinos are governed by Philippine law.
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 (Albenson Enterprises Corp. v. CA, 1993)
Q: What are the elements of acts contra bonus mores (against good morals)?
A:
(1) There is an act which is legal;
(2) It is contrary to morals, good customs, public order, or public policy; and
(3) It is done with intent to injure (Nikko Hotel Manila Garden v. Reyes, 2005)
Note: For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the
mother's womb. If the fetus had an intra-uterine life of less than seven (7) months, it is not deemed born if it dies
within twenty-four (24) hours after its complete delivery from the maternal womb. (Art. 41, NCC)
Note: These do not exempt the incapacitated person from certain obligations, as when the latter arise from his
acts or from property relations, such as easements.
Absent such proof, the presumption is that they all died at the same time. Thus, there is no transmission of
successional rights.
Q: What are the conditions that warrant the application of the survivorship rule?
A:
(1) Parties are heirs to another;
(2) No proof as to who died first; and
(3) Doubt as to who died first (Sec. 3, Rule 131, Rules of Court)
General Rule: When two persons perish in the same calamity, such as 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 determined from the probabilities resulting from the strength and the age of the sexes, according to the
following rules:
(1) If both were under the age of fifteen (15) years, the older is deemed to have survived;
(2) If both were above the age sixty (60), the younger is deemed to have survived;
(3) If one is under fifteen (15) years of age and the other above sixty (60) years of age, the former is deemed
to have survived;
(4) If both be over fifteen (15) years of age and under sixty (60) years of age, and the sex be different, the
male is deemed to have survived, if the sex be the same, the older;
(5) If one be under fifteen (15) years of age or over sixty (60) years of age, and the other between those ages,
the latter is deemed to have survived (Sec. 30, Rule 131, Rules of Court).
Q: When can the civil register change or correct a first name or nickname without judicial authority?
A: The city or municipal civil registrar or the consul general may, without the need of a judicial order,
(1) correct clerical or typographical error which are visible to the eyes or obvious to the understanding;
and,
(2) change first name or nickname (Sec. 1, RA 9048, as amended)
Q: Define absence.
A: Absence is the special status of a person who has left his domicile and his whereabouts and fate are
unknown, it being uncertain whether he is already dead or still alive.
Q: Distinguish presumptive death of spouse for the purpose of opening of succession from the purpose of
contracting a subsequent marriage
Q: Define marriage.
A: It is a special contract of permanent union between a man and a woman entered into in accordance with law
for the establishment of conjugal and family life. (Art. 1, FC)
As a general rule, marriage is the foundation of the family and an inviolable social institution. Its nature,
consequences, and incidents are governed by law and not subject to stipulation.
Exception: Marriage settlements may fix the property relations during the marriage within the limits provided by
the FC. (Art. 1, FC)
Q: What is the effect of the absence of any of the formal and/or essential requisites?
A: The absence of formal and essential requisites will render the marriage void.
Exception: Those solemnized by any person not legally authorized to perform marriages unless such marriages
were contracted with either or both parties believing in good faith that the solemnizing officer had the legal
authority to do so. (Art. 35(2), FC)
Q: Who may initiate a foreign divorce proceeding between a Filipino and an alien spouse?
A: Both the Filipino and the alien spouse, provided it was obtained abroad. It is not required that the alien spouse
should be the one to initiate the foreign divorce proceeding as the law does not distinguish whether the Filipino
spouse is the petitioner or the respondent therein (Republic v. Manalo, 2018).
NOTE: In psychological incapacity, each case must be judged, not on the basis of a priori assumptions,
predilections or generalizations, but according to its own facts. Courts should interpret the provision on a case-
to-case basis; guided by experience, the findings of experts and researchers in psychological disciplines, and by
decisions of church tribunals. (Republic v. Court of Appeals, 1997)
Q: What are the marriages that are incestuous and void from the beginning, whether relationship between
the parties be legitimate or illegitimate?
A:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of full or half blood. (Art. 37, FC)
Exception: The 6-month-cooling-off-period can be dispensed with if the ground for legal separation involves
violence against the woman or the child pursuant to the Anti-Violence Against Women and Children Act
Q: What are the different rights and obligations between husband and wife?
A:
(1) Live together (Art. 68, FC);
(2) Observe mutual love, respect, and fidelity;
(3) Render mutual help and support;
(4) Fix the family domicile (Art. 69, FC);
(5) Joint responsibility for the support of family (Art. 70, FC)
(6) Joint management of the household (Art. 71, FC)
Q: What property regime should govern the property relationship between husband and wife?
A: The following and in such order:
(1) By marriage settlements executed before the marriage:
a. Absolute community of property;
b. Conjugal partnership of gains;
c. Complete separation of property; or
d. Mixed property regime.
(2) By the provisions of the FC;
(3) By the local custom (Art. 74, FC)
In the absence of a marriage settlement, or the regime agreed upon is void, absolute community of property
governs. (Art. 75, FC)
In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be
governed by Philippine laws regardless of the place of the celebration of the marriage and their residence. The
exceptions to this are as follows:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and
executed in the country where the property is located; and
(3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property
situated in a foreign country whose laws require different formalities for its extrinsic validity. (Art. 80,
FC)
No unilateral declaration by one spouse can change the character of a conjugal property. (Sps. Go v. Yamane,
2006)
Example:
the lot is worth Php 100,000
the house is worth Php 50,000
the total is = Php 150,000
The value of the house and lot as a result of the improvement is Php 180,000 so that the “plus value” of
the total value of the improvement is Php 30,000.
The cost of the house plus the “plus value” of the total value of the improvement is Php 80,000 (Php
50,000 + 30,0000)
Since the cost of the land is Php 100,000, which is still more than the value of the improvement, which
is Php 80,000, it would still be a case of ordinary succession. Hence, the entire property becomes the
exclusive property of the spouse.
Q: What are the effects when only one of the parties in a void marriage acted in good faith?
A:
(1) The share in the co-ownership of the party in bad faith shall be forfeited in favor of their common
children;
(2) In case of default or waiver by any or all the common children, the vacant share shall belong to their
respective surviving descendants; and
(3) In the absence of descendants, the share shall belong to the innocent party. (Art. 147, FC)
In legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of succession
without distinction from legitimate filiation. However, if the adoptee and his/her biological parent(s) had left a
will, the law on testamentary succession shall govern.
Q: What are the grounds for rescission of adoption upon petition of the adoptee
A:
(1) Repeated maltreatment by the adopter(s) despite having undergone counseling;
(2) Attempt on the life of the adoptee;
(3) Sexual assault or violence; or
(4) Abandonment and failure to comply with parental obligations. (Sec. 19, RA. No. 8552)
The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore
his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial
rescission. Vested rights acquired prior to judicial rescission shall be respected. All the foregoing effects of
rescission of adoption shall be without prejudice to the penalties imposable under the Penal Code if the criminal
acts are properly proven. (Sec 20, RA 8552)
Q: What is the order of liability if two or more persons are obliged to give support?
A:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (Art. 199, FC)
Q: What are the requisites for the enforcement of the right of reimbursement of a third person from the
person obliged to give support?
(1) Stranger who gives support to another person with the intention to be reimbursed; and
(2) Person obliged to give support to the recipient is without knowledge of the stranger's act (Art. 206, FC);
(3) There is an urgent need to be supported on the part of the recipient;
(4) The person is obliged to support unjustly refuses or fails to give the support; and
(5) A third person furnishes the support to the needy individual (Art. 207, FC)
A vested right is an immediate and fixed right of present and future payment as opposed to a contingent or
expected right. It is a right which is fixed, unalterable, absolute, complete and unconditional to the exercise of
which no obstacle exists, and which is perfect in itself and not dependent upon a contingency.
PROPERTY
The drying up of the river is not accretion. Hence, the dried up river bed belongs to the State as property of
public dominion, not to the riparian owner, unless a law vests the ownership in some other person.
If the riparian land is registered in the Registry of Property, the land added through accretion is not
automatically registered although ownership is automatically vested on the riparian owner.
(1) To use the thing in common according to purpose intended (Art. 486, NCC);
(2) To share in the benefits in proportion to his undivided interest, provided the charges are borne in the
same proportion (Art. 485, NCC);
(3) To compel the other co-owners to contribute to the necessary expenses for preservation of property
and to the payment of taxes (Art. 488, NCC). Any of the co-owners may renounce so much of his
undivided interest equivalent to his share in necessary expenses and taxes (Art. 489, NCC);
(4) To bring an action in ejectment;
(5) To oppose any act of alteration (Art. 491, NCC);
(6) To protest resolutions of financial majority which are seriously prejudicial to the minority in acts of
administration (Art. 497, NCC);
(7) To exercise the right of legal redemption (Arts. 1620, 1623, 1088, NCC); and
(8) To ask for partition as long as the co-ownership exists, unless:
a. Indivision is imposed by stipulation among co-owners (Maximum of 10 years);
b. Imposed by donor or testator (Maximum of 20 years);
c. Generally prohibited by law; and
d. Property is an indivisible thing. No physical partition, only legal partition. Co-owned property
will be sold to one of the co-owners or to a third person, the proceeds to be divided among
them.
Q: How is co-ownership extinguished?
A:
(1) Total destruction of thing or loss of the property co-owned;
(2) Merger of all interests in one person;
(3) Acquisitive prescription. (Art. 1106, NCC)
Q: Distinguish right of possession (jus possessionis) from right to possession (jus possidendi)
A: The former pertains to the real right independent of ownership. The latter pertains to possession in itself as
a right of ownership.
b. Possession in one’s own name. Possession in the name of another (e.g. possession
by a caretaker or an agent)
In good faith In bad faith
Where possessor is not aware that there exists in his
Where possessor has knowledge of any flaw which
title or mode of acquisition any flaw which
invalidates his acquisition.
invalidates it. (Art. 526, NCC)
Actual Possession Constructive Possession
Consists in the manifestation of acts of dominion The possession and cultivation of a property under
over it of such a nature as a party would naturally claim of ownership of its entirety, provided, that the
exercise over his own property. property is not in the adverse possession of another.
Prescription of action: Ten (10) years from the adverse possession of defendant (Art. 555 (4), NCC), except if
possession by defendant is merely tolerated. (Art. 537, NCC.)
Q: What is a usufruct?
A: It is the right to enjoy the property of another with the obligation of preserving its form and substance,
unless the title constituting it or the law otherwise provides. (Art. 562, NCC)
Q: What are the characteristics of a usufruct?
A:
(1) Real right of use and enjoyment;
(2) Temporary duration (Art. 605-606, NCC);
(3) Transmissible (art. 572, NCC); and
(4) Constituted on real or personal property, consumable or non-consumable, tangible or intangible.
Q: What is an easement?
A: An easement is a real right on another's property, corporeal and immovable, whereby the owner of the latter
must refrain from doing or allowing somebody else to do or something to be done on his property, for the
benefit of another person or tenement (Quimen v. CA, 1996)
Q: Explain the rule on easement to receive water falling from one’s roofs to fall on roof of another.
A: The owner of a tenement or a piece of land, subject to the easement of receiving water falling from roofs,
may build in such manner as to receive the water upon his own roof or give it another outlet in accordance
with local ordinances or customs, and in such a way as not to cause any nuisance or damage whatever to the
dominant estate (Art. 674, NCC)
Q: What is a nuisance?
A: It is any act, omission, establishment, business, condition of property, or anything else which:
(1) Injures or endangers the health or safety of others;
(2) Annoys or offends the senses;
(3) Shocks, defies or disregards decency or morality;
(4) Obstructs or interferes with the free
passage of any public highway or street, or any body of water;
or
(5) Hinders or impairs the use of property. (Art 694, NCC)
Q: What is a donation?
A: It is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who
accepts it. (Art. 725, NCC)
The latter pertains to the loss of a right of action by the lapse of time. It is based on probability that the alleged
right which accrued in the distant past never existed or has already been extinguished. It results in the loss of a
real or personal right, or bars the cause of action to enforce said right.
SUCCESSION
Q: What is succession?
A: Succession is a mode of acquisition by virtue of which the property, rights, and obligations to the extent of the
value of the inheritance, of a person are transmitted through his death to another or others either by his will or
by operation of law. (Art. 774, NCC)
Q: What is a will?
A: A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain
degree the disposition of his estate to take effect after his death. (Art.783, NCC)
Q: What are acts which cannot be left to the discretion of a third person?
A: Duration or efficacy of the designation of heirs, devisees or legatees:
(1) Determination of the portions which they are to take, when referred to by name; and
(2) Determination of whether or not the testamentary disposition is to be operative. (Arts. 785, 787, NCC)
Q: What are acts that may be entrusted to a third person?
A:
(1) Distribution of specific property or sums of money that the decedent may leave in general to specified
classes or causes; and
(2) Designation of the persons, institutions or establishments to which such properties or sums are to be
given or applied. (Art. 786, NCC)
Q: What law governs the intrinsic validity of wills (validity of testamentary provisions)?
A:
As to the time: The law in force at the time of the testator’s death governs successional rights. (Art. 2263, NCC)
As to the place: The national law of the testator governs, regardless of where the will was executed or where the
testator died. (Arts. 15, 17, 815-817, NCC)
Q: What are the common formalities between holographic and notarial wills?
A:
(1) The will must be in writing, and
(2) It must be executed in a language known to the testator. (Art. 804, NCC)
Q: What is the true test of presence of the testator and the witnesses in the execution of a will?
A: It is whether they might have seen each other sign had they chosen to do so, considering their mental and
physical condition and position with relation to each other at the moment of inscription of each signature (Nera
v. Rimando).
Q: What is the effect if a witness in a notarial will receives an economic benefit such will?
A. Any devise or legacy given by the will to such witnesss, his spouse, his parents, his children, or any other person
claiming under him, is voided; but he is still a competent witness to the will. This rule will not apply if there are
three other competent witnesses to the will other than him. (Art. 823, NCC).
Q: What is a codicil?
A: It is a supplement or addition to a will, made after the execution of a will and annexed to be taken as part
thereof, by which any disposition made in the original will is explained, added to or altered. (Art. 825, NCC). For
it to be effective it must follow the formalities of a holographic or notarial will. (Art. 826, NCC)
Revival of a will is the restoration to validity of a previously revoked will by operation of law. (Jurado)
Q: What is preterition?
A: It is the omission of one, some or all of the compulsory heirs in the direct line, whether living at the time of the
execution of the will or born after the death of the testator. Such will annul the institution of heirs. However, the
devises and legacies shall be valid insofar as they are not inofficious. (Art. 854, NCC)
Table of legitimes:
Requisites:
(1) Ascendant/brother/sister (origin) gratuitously transfers property to a descendant/brother/sister;
(2) Descendant/brother/sister (prepositus) transfers property by operation of law to an ascendant;
(3) Ascendant (reservor or reservista) is required to reserve the property for the benefit of the legitimate
relatives of the prepositus within the third degree of consanguinity from the line of origin (reserves or
reservatorio)
Q: What is disinheritance?
A: It is the act of the testator in depriving a compulsory heir of his inheritance for causes expressly stated by law.
(Art. 915, NCC)
Q: What are the requisites for the acceptance and/or repudiation of inheritance?
A: The following are the requisites of acceptance and repudiation of inheritance:
(1) Certainty of death of the decedent; and
(2) Certainty of the right to the inheritance (Art. 1043, NCC)
Q: What is the rule in case an heir repudiates his inheritance in a mixed succession?
A: If a person who is called to the same inheritance as an heir by will and intestate repudiates the inheritance in
his capacity as a testamentary heir, he is understood to have repudiated it in both capacities. Should he repudiate
it as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter
capacity.
Q: What is collation?
A: Collation refers to the act of restoring to the common mass of the hereditary estate, either actually or
fictitiously, any property or right, which a compulsory heir, who succeeds with other compulsory heirs, may have
received by way of donation or any other gratuitous title from the decedent, during the lifetime of the latter, but
which is understood for legal purposes as an advance of his legitime (Art. 1061, NCC)
Q: What is an obligation?
A: An obligation is a juridical necessity to give, to do or not to do. (Art. 1156, NCC)
Q: What are the duties of the debtor in an obligation to give a generic thing?
A: The duties of the debtor are the following:
(1) To deliver the thing which is neither of superior or inferior quality (Art. 1246, NCC); and
(2) To pay damages in case of breach of the obligation by reason of delay, fraud, negligence or contravention
of the tenor of the obligation (Art. 1170, NCC)
Q: When does the obligation to deliver the fruits of the thing arise?
A: The general rule is that the obligation to deliver the fruits of the thing arises from the time of the perfection
of the contract. The exceptions would be:
(1) When the parties made a stipulation as regards the right of the creditor to the fruits of the thing; or
(2) When the obligation is subject to a suspensive condition or period. In such cases, the obligation to deliver
arises upon the fulfillment of the condition or the arrival of the period.
NOTE: If the prestation consists of an act where the personal and special qualification of the obligor is the
principal motive for the establishment of the obligation, the remedy of the obligee is to proceed against the
obligor for damages under Article 1170.
Q: What are the remedies of the creditor in case of non-performance in an obligation to do?
A:
(1) If only the obligor can do (personalisimo): Demand payment of damages only.
(2) If anyone else can do it (not personalisimo):
a. Ask that the obligation be performed by a third person at the expense of the debtor with the right
to recover damages (Art. 1167, NCC)
b. Demand payment of damages, where it is the only feasible remedy.
Q: What are the remedies of the creditor in case of non-performance in an obligation not to do or in an
obligation not to give?
A:
(1) Ask that the obligation be performed by a third person at the expense of the debtor since the object is
expressed only according to its family or genus (Art. 1168, NCC), with right to recover damages
(2) Demand payment of damages only, where it is the only feasible remedy.
POINT OF
DOLO CAUSANTE DOLO INCIDENTE
COMPARISON
As to Character Serious in character and without which
the other party would not have entered Not serious in character.
into the contract.
As to Inducement of Fraud in the performance of an
the Other Party Fraud in the execution of the contract. obligation by virtue on an
existing contract.
It is the cause which induces the party
upon whom it is employed in entering It is not the cause for inducing a
into the contract. party in entering into the
contract.
As to Effect It renders the party who
It renders the contract voidable.
employed it liable for damages.
Q: Is the conditional obligation void if its fulfillment depends upon the will of the debtor?
A:
(1) When the fulfillment of the condition depends upon the sole will of the debtor, the entire obligation
shall be void (Art.1182, NCC)
(2) When the fulfillment depends upon the will of a party to the obligation and partly upon chance and/or
the will of a third person, the obligation including such condition shall take effect.
NOTE: If the condition depends upon the will of the creditor, the obligation is valid (Balane). Although
the law is silent with regard to potestative conditions whose fulfillment depends exclusively upon the
will of the creditor, it is undeniable that it cannot have the effect of nullifying the obligation to which it
is attached. This is so because the creditor is naturally interested in the fulfillment of the condition
since it is only by such fulfillment that the obligation becomes effective.
Q: What are the effects of the loss, deterioration or improvement of the thing in conditional obligations to
give a determinate thing?
A:
Loss without the fault of the debtor Loss through the fault of the debtor
Obligation extinguished Debtor obliged to pay damages
NOTE: Art. 1191 does not apply in Sales of Real Property by Installments (Maceda Law: R.A. 6552), and in Sales of
Personal Property by Installments (Recto Law: Art. 1484-1486, NCC).
Q: Can the injured party choose rescission after he has chosen fulfillment of the obligation?
A: Generally, the injured party must choose between fulfillment and rescission of the obligation, with payment of
damages in either case. However, he may also seek rescission even after he has chosen fulfillment should the
latter become impossible (Art.1191(2), NCC).
Q: When will the debtor lose the right to make use of the period?
A: The debtor shall lose the right to make use of the period in the following cases:
(1) When after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or
security for the debt;
(2) When he does not furnish to the creditor the guaranties or securities which he has promised;
(3) When by his own acts he has impaired said guaranties or securities after their establishment, and when
through a fortuitous event they disappear, unless he immediately gives new ones equally satisfactory;
(4) When the debtor violates any undertaking, in consideration of which the creditor agreed to the period;
or
(5) When the debtor attempts to abscond. (Art. 1198, NCC)
Q: What are the rules on the debtor’s exercise of his right of choice in alternative obligations?
A: The rules are as follows:
(1) The debtor may not choose those prestations which are impossible, unlawful, or could not have been
the object of the obligation. (Art. 1200, NCC)
(2) The choice shall be communicated to the creditor orally or in writing, expressly or impliedly. It shall
produce no effect except from the time it has been communicated and shall be binding once
communicated. (Art. 1201, NCC)
(3) The right of choice shall be lost when only one of the prestations is practicable. In such cases, the
obligation loses its alternative character and thus becomes a simple obligation. (Art. 1202, NCC)
(4) If through the creditor’s acts, the debtor cannot make a choice according to the terms of the obligation,
the latter may rescind the contract with damages. (Art. 1203, NCC)
Q: What are the rules on the loss or deterioration of the thing intended as substitute?
A: As a general rule, the loss or deterioration of the substitute through the fault of the debtor shall not render
him liable. The exception would be when substitution has already been made, in which case the debtor may be
held liable for the loss of the substitute on account of his delay, negligence or fraud. (Art. 1206, NCC)
Q: Can the debtor exempt himself from the performance of the obligation by paying the penalty?
A: No. As a general rule, the debtor is not allowed to merely pay the penalty instead of fulfilling the obligation. An
exception is when such right has been expressly reserved for him. (Art. 1227, NCC)
Q: Can the creditor demand the fulfillment of the obligation and the satisfaction of the penalty at the same
time?
A: No. The general rule is that the creditor does not have a right to demand the fulfillment and the satisfaction of
the penalty at the same time. However, the exceptions to the rule are the following:
(1) The right has been expressly granted to him;
(2) If the creditor chooses to demand the fulfillment of the obligation but the performance thereof becomes
impossible, he may demand the satisfaction of the penalty (Art. 1227, NCC); and
(3) If there was fault on the part of the debtor. (Art. 1226(2), NCC)
Q: What is the rule in case of the nullity of either the principal obligation or the penal clause?
A: If the principal obligation is void, the penal clause shall also be considered void. On the other hand, if the penal
clause is void, the principal obligation will not suffer the same defect and shall subsist. (Art. 1230, NCC)
Q: What are the instances where consignation produces the effect of payment even without prior tender of
payment?
A: The instances are the following:
(1) The creditor is absent or unknown, or does not appear at the place of payment;
(2) The creditor is incapacitated to receive the payment at the time it is due;
(3) When without just cause, the creditor refuses to give a receipt;
(4) When two or more persons claim the right to collect; and
(5) When the title of the obligation has been lost
(6) The creditor, prior to the tender of payment, intimated that he will not accept the debtor’s payment.
Q: What are the requisites for the implied condonation or remission of debt?
A: The requisites are as follows:
(1) The document evidencing credit was delivered by the creditor to the debtor
(2) Such document is a private document; and
(3) Delivery was voluntary
NOTE: Whenever the private document in which the debt appears is found in the possession of the debtor, it
shall be presumed that the creditor delivered it voluntarily, unless the contrary is proved (Article 1272, NCC)
Q: What are the requisites that must be present for there to be a confusion of rights which will result in the
extinguishment of the obligation?
A: The following requisites must be present for there to be a confusion of rights which will result in the
extinguishment of the obligation:
(1) The merger of the characters of creditor and debtor must be in the same person (Art. 1278, Civil Code);
(2) It must take place in the person of either the principal creditor or the principal debtor (Art. 1276, Civil
Code); and
(3) It must be complete and definite (Testate Estate of Mota v. Serra, 1925).
Q: What is novation?
A: Novation is the substitution or change of an obligation by another, resulting in its extinguishment or
modification, either:
(1) By changing the object or principal conditions;
(2) By substituting the person of the debtor; or
(3) By subrogating a third person in the rights of the creditor. (Art. 1291, NCC)
Additional elements:
Real contracts: Delivery is also an essential element.
Formal contracts: Certain formalities are required for the contract to be valid and binding.
Q: What contracts are prescribed by law to be in a certain form for convenience or efficacy?
A: The following must appear in a public document:
(1) Acts and contracts which have for their object the creation, transmission, modification or
extinguishment of real rights over immovable property sales of real property or of an interest therein
are governed by Article 1403 (2) and 1405;
(2) The cession, repudiation, or renunciation of hereditary rights or of those of the conjugal partnership of
gains;
(3) The power to administer property or any other power which has for its object an act appearing or
which should appear in a public document, or should prejudice a third person;
(4) The cession of actions or rights proceeding from an act appearing in a public document. (Article 1358(1),
NCC)
Q: What are the requisites that must be present before an action for rescission can be brought?
A: The following requisites must concur before an action for rescission can be brought:
(1) The contract must be rescissible under Articles 1381 and 1382;
(2) The party asking for rescission must have no other legal means to obtain reparation for damages suffered
by him (Art. 1383, NCC);
(3) The plaintiff must be able to return whatever he may be obliged to restore if rescission is granted (Art.
1385, NCC);
(4) The things which are the object of the contract must not have passed legally to the possession of a third
person acting in good faith (Art. 1385, NCC);
(5) The action must be brought within four (4) years (Art. 1389, NCC).
Q: What are the differences between resolution under Art. 1911 and rescission under Art. 1830?
A:
Art. 1191 (Resolution) Art. 1380 (Rescission)
Principal action; retaliatory action against the other
Subsidiary action and involves partial resolution
party
Based on lesion or economic prejudice, rendering
the contract rescissible by law
Based on breach of trust
Note: Not all economic prejudices are recognized by
law
Requires mutual restitution as governed by Article Requires mutual restitution as governed by Article
1191 1381
Abrogation of the contract from the beginning and to
Termination of the obligation and release of the
restore the parties to their relative positions as if no
parties from further obligations from each other
contract has been made
To declare the contract void at its inception and to
put an end to it though it never was
May be demanded by a third party prejudiced in the
May be demanded only by a party to the contract
contract
May be denied by court when there is sufficient Extension of time does not affect the right to ask for
reason to justify the extension of time rescission
Non-performance is the only ground for the right to
Various reasons of equity are grounds for rescission
rescission
Applies whether obligations are reciprocal or
Applies only to reciprocal obligations where one
unilateral and whether the contract has been fully
party has not performed
fulfilled
Q: What is estoppel?
A: Estoppel is a condition or state by virtue of which an admission or representation is rendered conclusive upon
the person making it and cannot be denied or disproved as against the person relying thereon. (Art. 1431, NCC)
Q: What is laches?
A: Laches is the failure or neglect, for an unreasonable and unexplained length of time, to do what, by exercising
due diligence, could or should have been done earlier. It is negligence or omission to assert a right within a
reasonable time. (De Vera v. CA, 1999)
Prescription Laches
Concerned with the fact of delay Concerned with the effects of delay
Question or matter of time Question of inequality of permitting the claim to be
enforced
Statutory Not statutory
Applies in law Applies in equity
Cannot be availed of unless it is specifically pleaded as Being a defense of equity, it need not be specifically
an affirmative allegation pleaded
Based on fixed time Not based on a fixed time
Q: What is a trust?
A: Trust is the fiduciary relationship between one person having equitable ownership in property and another
owing the legal title to such property, the equitable ownership of the former entitling him to the performance of
certain duties and the exercise of certain powers by the latter for the benefit of the former.
SALES
NOTE: Gross inadequate of price does not affect validity of a contract of sale. It merely indicates either a defect
in the consent, or that the parties really intended a donation or some other act or contract. (Aquino)
Q: Is an option a separate contract from the contract which is the subject of the offer?
A: Yes. An option is a contract granting a privilege to buy or sell within an agreed time and at a determined price.
It is a separate and distinct contract from that which the parties may enter into upon the consummation of the
option. It must be supported by a consideration. (Equatorial Realty v. Mayfair, 1996)
Q: Who are the persons that cannot acquire a property by purchase, even at a public or judicial auction, either
in person or through the mediation of another?
A: The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or
through the mediation of another (relative incapacity to buy):
(1) The guardian, the property of the person or persons who may be under his guardianship;
(2) Agents, the property whose administration or sale may have been entrusted to them, unless the consent
of the principal has been given;
(3) Executors and administrators, the property of the estate under administration;
(4) Public officers and employees, the property of the State or of any subdivision thereof, or of any
government-owned or controlled corporation, or institution, the administration of which has been
entrusted to them; this provision shall apply to judges and government experts who, in any manner
whatsoever, take part in the sale;
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and
employees connected with the administration of justice, the property and rights in litigation or levied
upon an execution before the court within whose jurisdiction or territory they exercise their respective
functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with
respect to the property and rights which may be the object of any litigation in which they may take part
by virtue of their profession;
(6) Any others specially disqualified by law. (Art. 1491, NCC)
Q: What is the effect of sale to a person suffering from relative incapacity enumerated above?
A: The sale is void even if there is consent, except with regard to sale to an agent with the consent of the principal,
which is valid under Art. 1491(2). (Aquino)
Q: What are the obligations of the seller (vendor) upon perfection of the contract?
A: The seller is bound to—
(1) To transfer ownership of the thing (Art. 1495, NCC)
(2) To deliver the thing, fruits thereof, and its accessions and accessories (Arts. 1458-1459, 1166, 1537 NCC)
(3) To warrant against eviction and against hidden defects (Arts. 1545-1581, NCC)
(4) To preserve the thing and its accessions and accessories, pending delivery, with proper diligence (Art.
1163, NCC)
(5) To pay the expenses for execution and registration of the deed of sale (Art. 1487, NCC) and to put the
goods in deliverable state (Art. 1521, NCC), unless otherwise stipulated.
Before Perfection At the Time of Perfection After Perfection Before
After Perfection After Delivery
Delivery
Seller bears risk of Seller bears risk of loss and GR: Buyer, who is now the owner, bears
loss and deterioration (Res Perit the risk of loss and deterioration. (Res
deterioration (Res Domino) Perit Domino)
Seller bears risk of loss (Res
Perit Domino) (1) Entire/Total Loss: Unless otherwise agreed, the
Perit Domino)
Owner bears Contract shall be goods remain at the seller’s risk
Any injury to or benefit
the loss without any effect. until the ownership therein is
from the thing sold, after
Ownership is (Art. 1493, NCC) transferred to the buyer, but when
the contract has been
only transferred the ownership therein is
perfected, from the
upon delivery (2) Partial Loss: The buyer transferred to the buyer the goods
moment of the perfection
may choose between— are at the buyer’s risk whether
of the contract to the time
1. Withdrawing from actual delivery has been made or
of delivery, shall be
the contract not.
governed by articles 1163
2. Demanding the EXCEPTIONS:
to 1165, and 1262. (Art 1480,
remaining part, (1) Where delivery of the goods has
NCC)
paying its price in been made to the buyer or to a
proportion to the bailee for the buyer, in pursuance
Loss, deterioration or
total sum agreed of the contract and the ownership
improvement of thing before
upon. in the goods has been retained by
delivery
the seller merely to secure
the rules in Article 1189
performance by the buyer of his
shall be observed, the
obligations under the contract
vendor being considered
- Goods are at the buyer’s risk
the debtor. (Art. 1538, Civil
from the time of such delivery;
Code)
(2) Where actual delivery has been
NOTE: Kindly see table under
delayed through the fault of either
Art. 1189 summarizing effects
the buyer or seller
- Goods are at the risk of the
party in fault. (Art. 1504, Civil
Code)
(1) If the object sold consists of fungibles sold for a price fixed according to weight, number, or measure.
unless the buyer is in mora accipiendi
(2) If the seller is guilty of fraud, negligence, default, or violation of contractual term. (Arts. 1165, 1262, 1170, Civil Code)
(3) When the object sold is generic because “genus does not perish” (genus nunquam perit)
Q: Define a warranty.
A: It is an express or implied statement or representation made by the seller of goods, as part of the contract of
sale, having reference to the character, quality, or title, of the goods, where he promises or undertakes to ensure
that certain facts shall be as he represents.
In case of breach, the buyer may refuse to proceed with the contract or proceed with the contract and waive the
condition. (Arts. 1545-1547, NCC)
Q: What shall the buyer do when the seller delivers mixed goods of different description not included in the
contract?
A: The buyer may accept some or those acceptable and reject the rest. But if the subject matter is indivisible, he
may reject the whole. (Ibid.)
Q: If fulfillment of the obligation becomes impossible, what is the remedy of the injured party?
A: The injured party may also seek rescission even after he has chosen fulfillment, if the latter should become
impossible.
Q: What are the alternative and exclusive remedies under the Recto Law?
A: The following are the alternative and exclusive remedies:
(1) Specific Performance – Exact fulfillment should the buyer fail to pay.
General Rule: If availed of, the unpaid seller cannot anymore choose other remedies.
Exception: If after choosing, it has become impossible, rescission may be pursued. (Art. 1191,
NCC)
(2) Rescission – Cancel the sale if buyer fails to pay 2 or more installments deemed chosen when:
a. Notice of rescission is sent;
b. Take possession of subject matter of sale; and
c. Files action for rescission (Art. 1385, NCC)
(3) Foreclosure – Foreclose on chattel mortgage if buyer fails to pay 2 or more installments.
General Rule: Actual foreclosure is necessary to bar recovery of balance
Extent of barring effect: purchase price.
Exception: Mortgagor refuses to deliver property to effect foreclosure; expenses incurred in
attorney’s fees, etc.
Purpose Prevent abuses in the foreclosure of Prevent abuses in the foreclosure of real estate
chattel mortgage. mortgage.
When do you Seller can choose among the 3 remedies in The law do not apply on sale of:
foreclose? case buyer defaults: (1) Industrial lots
(1) Specific Performance: Exact (2) Commercial buildings and lots 3. Lands
fulfilment should the buyer fail to pay under the CARP Law
(2) Rescission: Cancel the sale if buyer
fails to pay 2 or more instalments To qualify for the benefit of the law, the buyer
(3) Foreclosure: if buyer fails to pay 2 or must have already paid at least 2 years of
more instalments. If seller choose installment payments.
foreclosure, he is bar to recovery
balance if any. Benefits for Buyer:
(1) A grace period of one month to pay
The remedies are alternative, not installment; for every one year of
cumulative, such that the exercise of one instalments paid; or
would bar the exercise of the others. (2) The buyer has the right to opt for a refund
of the installment payments being made
(includes the down payments, deposits or
options on the contract). The buyer is
entitled to 50% refund from his total
payments made.
(3) After 5 years of instalment payments, buyer
is entitled to an additional 5% refund per
year on top of the 50% but not exceeding
90% of the total payments made.
Exceptions:
(1) Contrary stipulation (Art. 1478, NCC);
(2) Contract to sell;
(3) Contract of insurance;
(4) Sale on acceptance/trial (Art. 1502, NCC);
(5) When the seller is not the owner or has voidable title (Article 1505, NCC).
Failure on the part of the vendor a retro to repurchase the property within the period agreed upon by them, or
in the absence thereof, as provided for by law, vests upon the vendee a retro absolute title and ownership over
the property sold by operation of law. (Cadungog v. Yap, 2005)
NOTE: Incase of doubt, a contract purporting to be a sale with right to repurchase shall be construed as an
equitable mortgage. (Art. 1603, NCC)
LEASE
Q: Define lease.
A: Lease may be defined as a consensual, bilateral, onerous, and commutative contract by virtue of which one
person binds himself to grant temporarily the use of a thing or to render some service to another who undertakes
to pay some rent, compensation or price. (4 Sanchez Roman 746)
Q: May the lessee of real property assign the lease to a third person without the lessor’s consent? In the same
case, instead of assigning his right to the leasehold, may he sublease the premises without the consent of the
lessor?
A: The lessee of a property may not assign the lease to a third person without the lessor’s consent, unless there
is a stipulation in the contract of lease to the contrary. This is clear from Art. 1649 of the NCC which declares that
the lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary.
On the other hand, the lessee may sublease the premises to a third person without the consent of the lessor,
unless there is an express prohibition in the contract of lease. This is clear from the provision of Art. 1650 of the
NCC. But of course, such act of subleasing the property shall be without prejudice to his responsibility for the
performance of the contract toward the lessor.
Q: What shall the lessor pay to the lessee if the lessee, in good faith, makes useful improvements which are
suitable to the use for which the lease was intended? Assuming the lessor is obliged to pay, yet he refused,
what will be the remedy of the lessee?
A: If the lessee makes, in good faith, useful improvements which are suitable to the use for which the lease is
intended, without altering the form or substance of the property leased, the lessor upon the termination of the
lease shall pay the lessee one-half of the value of the improvements at that time. Should the lessor refuse to
reimburse said amount, the lessee may remove the improvements, even though the principal thing may suffer
damage thereby. He shall not, however, cause any more impairment upon the property leased than is necessary.
With regard to ornamental expenses, the lessee shall not be entitled to any reimbursement, but he may remove
the ornamental objects, provided no damage is caused to the principal thing, and the lessor does not choose to
retain them by paying their value at the time the lease is extinguished. (Art. 1678, NCC)
Q: Is the lessee entitled to a right of reduction of the rent on account of the sterility of the land leased or by
reason of the loss of fruits due to ordinary fortuitous events?
A: As a general rule, the lessee shall have no right to a reduction of the rent on account of the sterility of the land
leased, or by reason of the loss of fruits due to ordinary fortuitous events. (Art. 1680 NCC) Neither does the lessee
have any right to a reduction of the rent if the fruits are lost after they have been separated from their stalk, root
or trunk. (Art. 1681, NCC)
However, as an exception, he shall have such right in case of the loss of more than one-half of the fruits through
extraordinary and unforeseen fortuitous events, save always when there is a specific stipulation to the contrary.
(Art. 1680, NCC)
Q: Is it essential for one to contribute any capital to the common fund in order for a partnership to exist?
A: No. A partnership may be deemed to exist among parties who agree to borrow money to pursue a business
and to divide the profits or losses that may arise therefrom, even if it is shown that they have not contributed
any capital of their own to a “common fund”. Their contribution may be in the form of credit or industry, not
necessarily cash or fixed assets. Being a partner, they are all liable for debts incurred by or on behalf of the
partnership. (Lim v. Phil. Fishing, 1999)
When a partnership for a fixed term or particular undertaking is continued after the termination of such term or
particular undertaking without any express agreement, the rights and duties of the partners remain the same as
they were at such termination, so far as is consistent with a partnership at will. (Art. 1785, NCC)
Note: The failure to contribute is to make the partner ipso jure a debtor of the
partnership even in the absence of demand. In case of failure, the remedy is
not rescission but an action for specific performance with damages and
Obligation with respect to
interest. (Sancho v. Lizarrage, 1931) HOWEVER, if the defaulting partner is
contribution of property
already dead, rescission may prosper. (Pabalan v. Velez, 1912)
General Rule: The partner cannot use or apply to his own benefit partnership
Obligation to account for
assets or results of the knowledge or information gained by him as a partner
any benefit and hold as
to the detriment of the partnership. (Lim v. Send, 1921)
trustee unauthorized
Exception: If the taking by the partner is with the consent of all the other
personnel
partners. (Lim Tanbu v. Ramolete, 1975)
Q: What are the obligations and liabilities of the partnership to third persons?
A: The following are the obligations of a partnership to third persons:
(1) To operate under a firm name (Art. 1815, NCC) Persons who include their names in the partnership
name even if they are not members shall be liable as a partner;
(2) To be liable for contractual obligations of the partnership with their property, after all partnership
assets have been exhausted: pro rata or subsidiary. (Art. 1816, NCC);
(3) Admission or representation made by a partner concerning partnership affairs within the scope of his
authority is evidence against the partnership;
(4) Notice to partner of any matter relating to partnership affairs operates as notice to partnership, except
in case of fraud:
a. Knowledge of partner acting in the particular matter, acquired while a partner.
b. Knowledge of the partner acting in the particular matter then present to his mind.
c. Knowledge of any other partner who reasonably could and should have communicated it to
the acting partner.
(5) Partners and the partnership are solidarily liable to 3rd persons for the partner’s tort or breach of
trust;
(6) Liability of incoming partner is limited to:
a. His share in the partnership property for existing obligations;
b. His separate property for subsequent obligations.
(7) Creditors of partnership preferred in partnership property & may attach partner’s share in partnership
assets;
(8) Every partner is an agent of the partnership.
AGENCY
In case a person declines an agency, he is bound to observe the diligence of a good father of a family in the
custody and preservation of the goods forwarded to him by the owner until the latter should appoint an agent
or take charge of the goods. (Art. 1885, NCC)
Q: Can an agent maintain an action against persons with whom they contracted on behalf of his principal.
A: No. 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. (Uy v. CA, G.R.
No. 120465, September 9, 1999).
It involves the return of the equivalent amount only and not the identical thing because the borrower acquires
ownership of the money or other consumable thing loaned. (Art. 1978, NCC)
Q: What is a deposit?
A: It is a contract constituted from the moment a person receives a thing belonging to another with the obligation
of safely keeping it and of returning the same. (Art. 1962, NCC)
Both movables and immovable may be the object of sequestration. The depositary of property cannot be relieved
of his responsibility until the controversy which gave rise thereto has come to an end, unless the court so orders.
Guaranty Suretyship
Secondary obligation Primary obligation
To pay if the principal debtor CANNOT pay To pay if the principal debtor DOES NOT pay
Entitled to the benefit of excussion Not entitled to the benefit of excussion
Insures the solvency of the principal debtor Insures the debt
Subsidiary liable Solidarily liable with the principal debtor
Q: What is a mortgage?
A: A mortgage is a contract whereby the debtor secures to the creditor the fulfilment of a principal obligation,
specially subjecting to such security immovable property or real rights over immovable property which obligation
shall be satisfied with the proceeds of the sale of said property or rights in case the said obligation is not complied
with at the time stipulated.
Q: What is redemption?
A: Reacquisition of property which was mortgaged.
Q: What does Sec. 47 of RA 8791 (The General Banking Law of 2000) provide in relation to the right of
redemption?
A: Sec. 47 of RA 8791 provide that in the event of foreclosure, whether judicially or extrajudicially, of any mortgage
on real estate which is security for any loan or other credit accommodation granted, the mortgagor or debtor
whose real property has been sold for the full or partial payment of his obligation shall have the right within one
year after the sale of the real estate, to redeem the property by paying the amount due under the mortgage deed,
with interest thereon at the rate specified in the mortgage, and all the costs and expenses incurred by the bank
or institution from the sale and custody of said property less the income derived therefrom.
Notwithstanding Act 3135, juridical persons whose property is being sold pursuant to an extrajudicial foreclosure,
shall have the right to redeem the property in accordance with this provision until, but not after, the registration
of the certificate of foreclosure sale with the applicable Register of Deeds which in no case shall be more than
three (3) months after foreclosure, whichever is earlier. Owners of property that has been sold in a foreclosure
sale prior to the effectivity of this Act shall retain their redemption rights until their expiration.
Q: Compare and contrast the following: Title over land, Deed, Land title, and Certificate of title.
A:
Q: What are the effects when a land is placed under the Torrens system?
A:
(1) Title becomes indefeasible and imprescriptible; (Collado v Court of Appeals, 2002);
(2) Every decree or certificate of title issued shall be incontrovertible; (Director of Lands v. Register of Deeds
of Rival, 1953);
(3) Certificate is no longer subject to collateral attack (Ong, et al. v Sps. Cabucos, 2001);
(4) Relieved from all claims except those noted thereon:
a. Liens, claims or rights arising or existing under the laws and Constitution of the Philippines
which are not by law required to appear of record in the Registry of Deeds in order to be valid
against subsequent purchasers or encumbrancers of record;
b. Unpaid real estate taxes levied and assessed within two (2) years immediately preceding the
acquisition of any right over the land by an innocent purchaser for value, without prejudice to
the right of the government to collect taxes payable before that period from the delinquent
taxpayer alone;
c. Any public highway or private way established or recognized by law, or any government
irrigation canal or lateral thereof, if the certificate of title does not state that the boundaries of
such highway or irrigation canal or lateral thereof have been determined; and
d. Any disposition of the property or limitation on the use thereof by virtue of, or pursuant to,
Presidential Decree No. 27 or any other law or regulations on agrarian reform. (Sec. 44, P.D. 1529)
Q: When registration becomes notice to the world, as regards to voluntary and involuntary
A: As to Voluntary, the moment the innocent purchaser for value presents and files a duly notarized and valid
deed of sale and the same is entered in the primary entry book and at the same time he surrenders or presents
the owner’s duplicate certificate of title covering the land sold and pays the registration fees. While in involuntary,
entry thereof in the primary entry book of the Registry of Deeds is sufficient notice to all persons even if the
owner’s duplicate certificate of title is not presented to the Registry of Deeds (Garcia v. CA, 1980)
Accordingly, if a parcel of land covered by a Torrens title is sold, but the sale is registered under Act 3344 and not
under the Land Registration Act, the sale is not considered registered (Amodia Vda. De Melencion, et al. v. Court
of Appeals, 2007) and the registration of the deed does not operate as constructive notice to the whole world.
(Republic v. Heirs of Francisca Dignos-Sorono, 2008)
Q: Define a tort.
A: Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for
the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties,
is called a quasi-delict and is governed by the provisions of this Chapter. (Art. 2176, NCC)
QUASI-DELICT DELICT/CRIME
(Culpa Aquiliana) (Culpa Criminal)
What is Being Violated
A private right is violated. It is a wrongful act against a It affects public interest. The commission of a
private individual. crime is a wrong against the State.
Governing Law
The Civil Code repairs the damage by means of The Revised Penal Code punishes/corrects
indemnification. criminal acts.
Scope
Quasi-delicts include all acts in which any kind of Crimes only include acts clearly covered by a
fault/negligence intervenes. penal law.
Quantum of Proof
Proof of the fault/negligence requires only The guilt of the accused must be proven beyond
preponderance of evidence. (Sec. 1, Rule 133, Rules of reasonable doubt.
Court)
Available Defenses
The exercise of diligence of a good father of the family The defenses are provided under the Revised
is available as a defense. Penal Code.
Employer’s Liability (if instituted against an employee)
The plaintiff may directly hold the employer liable, the The plaintiff can only hold the employer
employer being vicariously liable for the negligent act subsidiarily liable for the civil liability. (L.G. Foods
of its employee. v. Philadelphia, 2006)
Q: If, in case of a negligent employee, the injured party does not file a separate civil action against the
employer, can the employer still be held liable if the employee cannot pay damages?
A: Yes, he can still be liable. The employer may still be held subsidiarily liable for the employee’s civil liability in a
criminal action. (Art. 103, RPC)
Q: Is the cause of action against a negligent employee the same as the cause of action against his employer for
the same act?
A: No. The cause of action against the employee is rooted on Art. 2176 of the Civil Code, whereas that against the
employer is rooted on his vicarious liability while his employee is in performance of his duties.
More comprehensively, the proximate legal cause is that acting first and producing the injury, either immediately
or by setting other events in motion, all constituting a natural and continuous chain of events, each having a close
causal connection with its immediate predecessor, the final event in the chain immediately effecting the injury
as a natural and probable result of the cause which first acted, under such circumstances that the person
responsible for the first event should, as an ordinary prudent and intelligent person, have reasonable ground to
expect at the moment of his act or default that an injury to some person might probably result therefrom.
(Bataclan v. Medina, 1957)
Note: In the determination of the presence or absence of negligence, what is important is the conduct of the
actor. His state of mind, existence of good faith, or use of sound judgment are immaterial. (Aquino, 2018)
Q: Is the “Diligence of a good father of a family” the standard of care all the time?
A: No. There are special circumstances wherein a higher degree of care is required:
Motorists, compared to While the duty of using reasonable care falls alike on a motorist and a bicyclist,
bicyclists due to the inherent differences in the two vehicles, more care is required from
the motorist to fully discharge the duty than from the bicyclist. (Anonuevo v. CA,
2004)
Persons in possession or A higher degree of care is required of someone who has in his possession or
control of extremely under his control an instrumentality extremely dangerous in character, such as
dangerous dangerous weapons or substances. (Pacis v. Morales, 2010)
instrumentalities
Children The standard of conduct which a child must conform for his own protection is
that degree of care ordinarily exercised by children of the same age, capacity,
discretion, knowledge and experience under the same/similar circumstances.
(Sangco, Cezar J. Philippine Law on Torts and Damages, pp. 71.)
Turntable Cases: These are cases where the owner of the property is held liable
to children who are trespassing thereon and injured, upon the ground that the
owner is bound to know that children may be attracted and may be injured
thereby, although the owner is guilty of no negligence except in maintaining the
property in such condition that children may trespass thereon to their harm.
(Taylor v. MERALCO, 1910)
Experts When a person holds himself out as being competent to do things requiring
professional skill, he will be held liable for negligence if he fails to exhibit the
care and skill of one ordinarily skilled in the particular work which he attempts
to do. (Culion Ice v. Philippine Motors, 1930)
Pharmacists There exists an imperative duty on the seller/druggist to take precaution to
prevent death/injury to any person who relies on one’s absolute honesty and
peculiar learning. (Mercury Drug v. De Leon, 2009) The responsibility of the
druggist to use care can be qualified as the highest degree of care known to
practical men. (U.S. v. Pineda, 1918)
Medical professionals A doctor has a duty to use at least the same level of care that any other
reasonable competent doctor would use to treat a condition under the same
circumstances. (Cruz v. CA, 1997) The standard contemplated is not the average
merit among all known practitioners, but the average merit among only the
ordinarily good physicians. (Reyes v. Sisters of Mercy Hospital, 2000)
Lawyers An attorney is not bound to exercise extraordinary diligence, but only a
reasonable degree of care and skill. He will be protected as long as he acts
honestly and in good faith to the best of his skill and knowledge. (Adarne v.
Aldaba, 1978)
Insane persons The act/omission of a person who is suffering from mental defect is still subject
to the standard test of a reasonable man. A lunatic or demented person may
incur civil liability even if he is held to be exempt from criminal liability. (US v.
Baggay, Jr., 1911)
Banks The law imposes in banks the diligence higher than that of the good father of the
family, in view of the fiduciary nature of banking. It is the bank’s obligation to
observe high standards of integrity and performance is deemed written into
every deposit agreement between the bank and its depositor. (Consolidated Bank
v. CA, 2003)
Q: When shall measure of damages be determined by law and not the stipulation of the parties?
A: When the breach of the contract committed by the defendant is not the one contemplated by the parties in
agreeing upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation.
Q: What are included in damages in case of death caused by a negligent act or a crime?
A: The following damages may be recovered
(1) Civil indemnity ex delicto for the death of the victim
Currently fixed at P50,000 in case of homicide (De Villa v. People, 2012), and P75,000 in case of
murder. (People v. Camat, 2012)
(2) Loss of Earning Capacity of the deceased
(3) Actual or compensatory damages
(4) Moral damages for mental anguish by reason of the death of the deceased. (Art. 2206, NCC)
(5) Exemplary damages
(6) Attorney’s fees and expenses of litigation
(7) Interest, in proper cases. (People v. Tolentino, 2008)
(8) If the deceased was obliged to give support, the recipient who is not an heir called to the decedent's
inheritance by the law of testate or intestate succession, may demand support from the person causing
the death, not exceeding five (5) years, the exact duration to be fixed by the court.