SYLLABUS for CIVIL LAW REVIEW 1

This syllabus is applicable to a “blended learning” and “flexible learning” instructional delivery guided by
the Legal Education Board’s proposed method referred to as the “Multiple Learning System” and the
proposed Unified Interim Juris Doctor Curriculum.

Course Description:

This is a study of the laws under the New Civil Code of the Philippines. Civil Law is one among the eight (8)
bar subjects in the Bar Examination. The scope and content include the following:
1. The Preliminary Title of the New Civil Code
2. Human Relations of the New Civil Code of the Philippines
3. Book I. – Persons, The Family Code of the Philippines
4. Book II. – Property, Ownership, and Its Modifications
5. Book III. – Different Modes of Acquiring Ownership
6. Book IV. – Obligations and contracts
7. Related Special Laws and Regulations
8. Supreme Court Rules and Issuances
9. Pertinent jurisprudence

In the Law Curriculum, the study of Civil Law as a core subject is divided in the following subjects with
their corresponding subject credits taken in the following year level:

First Year, 1st semester – Persons and Family Relations, four (4) units

This is a study of the laws on Persons and Family Relations as contained in the Preliminary and
Human Relations chapters of the New Civil Code of the Philippines, the Family Code of the Philippines,
and the pertinent chapters of the New Civil Code of the Philippines. Special laws relevant to the family are
also included.

2nd semester – Obligations and Contracts, five (5) units

This is a study of the nature, kinds and effect of obligations, and their extinguishment; and
contracts in general, their requisites, form and interpretation, as well as the various kinds of defective
contracts. It also surveys natural obligations, estoppel, and prescription.
Second Year, 1st semester -

Second Year, 1st semester – Property (4 units)

This course studies the law on the different classifications of property, ownership, co-ownership,
condominiums, possession, usufruct, easements, nuisance, and the different modes of acquiring
ownership, including donations (but excluding tradition, intellectual creation, and succession).

2nd Semester, Sales (2 units)

This is an examination of the provisions of the New Civil Code on the contract of sale, its nature and
form, the obligations of the parties, warranties, remedies, breach of contract, and conventional and

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legal redemption. It includes assignment of credits and incorporeal rights, and the relevant provisions of
the Electronic Commerce Act.

Agency, Trusts, and Partnership (3 units)

This course studies the non-corporate media of pursuing business and transactions, namely agency,
business trusts, partnership, and joint venture arrangements. It also covers the rules and regulations
issued by government agencies, such as the Securities and Exchange Commission and the Office of the
Government Corporate Counsel bearing on the matters covered by the course.

Credit Transactions (3 units)

This is a study of the law governing loans and deposits, including mortgages, pledge, antichresis,
guaranty, suretyships and other securities or collaterals, the law on concurrence and preference of
credits, and the Insolvency Law.

Third Year, 1st semester – Succession (4 units)

This is a detailed evaluation of the law on testate and intestate succession, including wills, institution of
heirs, computation of legitimes of compulsory heirs, disinheritance, and partition and distribution of the
estate.

Torts and Damages (2 units)

This subject involves the study of the concepts of fault and negligence giving rise to civil liability on the
part of persons not bound by contract, and others who, by virtue of their relationship with the
tortfeasor, may also be held civilly liable with them. It also includes the types of damages that may be
awarded, the requirements for awarding each type of damages, and the defenses available to either
mitigate or evade liability for damages.

Course Objectives:

The course aims to introduce students to the fundamental concepts of civil law and its covered subjects.
The students are expected to attain a working knowledge of the Civil Code of the Philippines, the New
Family Code and the ability to analyze the issues involving persons, property and contracts. The students
must be able to relate their knowledge of the family law in real life situations.

While it is expected that students attain a certain degree of proficiency in the knowledge of civil law during
class discussions, students must learn to present their argument in a written format as the learning
outcome anticipating the appropriate approach in answering bar questions.

Manner of Instruction/Delivery of the Subject Matter and Assessment:

In a face to face classroom setting, the professor and the students meet for the number of hours
equivalent to the subject credits hours in a week for eighteen (18) weeks. Other alternative mode of
instructional delivery of the subject matter such as blended or online class whether synchronous or
asynchronous may be adopted subject to the adherence to the subject content and the attainment of the
course objective.

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The blended learning management system may be done through various platforms. This require the
students to have access to technology which may require students to create an account for various
applications and platforms and the use of the internet.

Formal lectures will be conducted to enhance the students’ knowledge of the relevant topics outlined in
the syllabus. Complimentary activities may be adapted such as case analysis and law journals to ensure a
strong foundation of the knowledge of the law.

The usual graded recitations and the term examinations will be the standard method of students’
assessment to complement learning experiences.

LEARNING ACTIVITIES

1. Discuss legal issues involving the law persons and family relations, property, succession,
obligations and contracts, special contracts and other related topics.
2. Drafting of legal documents involving persons and family relations, property, contracts such
as but not limited to petitions, complaints, affidavit of good faith, affidavit of merit and the
like.
3. Visit the website of the Supreme Court to know recent issuances and jurisprudence
pertaining to civil law.
4. Analyze actual and hypothetical case studies.
5. Research and write an analysis of a specific legal issue or situation in the context of the
application of the legal principles of the Civil Code of the Philippines.

Course Outline

Persons and Family Relations

I. Course Overview and Introduction to the Civil Code and Preliminary Title

A. The Concept of Civil Law

1. Section 12 and 14, Article II, 1987 Constitution
2. Sections 1 – 3, Article XV, 1987 Constitution
3. Section 1, Article III, 1987 Constitution
4. Doctrines based on the following cases:
Art. 2 –Umali v. Estanislao, 200 SCRA 446, 450-1
Pvb v. Vega, 360 SCRA 33, 40
Gutierez v. House of Representatives, G.R. No. 193459, February 15, 2011
Gregorio B. Honasan II v. The Panel of Investigating Prosecutors of the DOJ,
G.R. No. 159747, April 13, 2004
Art. 6 – People v. Donato, 198 SCRA 130, 151-6
Art. 8. -People v. Licera, 65 SCRA 270
People v. Pinuila, 103 Phil. 992
Co v. CA, 227 SCRA 444, 449
Art. 13 -NAMARCO v. Tecson, 139 Phil. 584
Quizon v. Baltazar, L-23779-80, April 29, 1977]
Amigos v. CA, 179 SCRA 1

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 Art. 16-17- Aznar v. Christensen, G.R. No. L-16749, January 31, 1963
Amos Bellis, 20 SCRA 358
Other Conflict of Law Rules
Art. 829 revocation of wills
Art. 1039 capacity to succeed
Art. 1753 NCC, carriers
Art. 26, 80, Family Code
Art. 19-21 – Globe Mckay v. CA, 176 SCRA 778, 783-91
Velayo v. Shell, 54 O>G No. 1
PNB v. CA, L-27155, May 18, 1978
Balane v. Yu Chiang, et. Al., 54 O>G No. 3
Diaz v. Davao Light & Power Co., Inc. 520 SCRA 481
Art. 26 – Lagunzad v. Gonzales, L-32066, August 6, 1979
Ayer v. Capulong, et.al, G.R. No.82380, April 29, 1988
Manloto v. Veloso III, G.R. No. 171365, October 6, 2010
Art. 29 – Mendoza v. alcala, L-14305, August 29, 1961
Mendoza v. Arrieta, L-32599, June 29, 1979
Republic v. Bello. L-34906, January 27, 1983
Padilla v. CA, L-39999, May 31, 1984
Reyes v. Sempio-Diy, 141 SCRA 208
Maximo v. Gerochi, 144 SCRA 126
Sapiera v. CA, 314 SCRA 370
Manantan v. Ca, G.R. No. 107125, January 29, 2001
Art. 32-34- Casupanan v. Laroya, 388 SCRA 28, 37, 39, 41
Maniago v. CA, 253 SCRA 674
Reyes v. Trucking Copr v. People, 329 SCRA 625
Aberca v. Ver, 160 SCRA 590
Art. 36 – Merced v. Diez, L-15315, August 26, 1960
Landicho v. Relova, L-22579, February 23, 1968, 22 SCRA 731
Beltran v. People, 334 SCRA 106
Marbella v. Bobis, 336 SCRA 747
Dreamwork Construction Inc. v. Janiola, G.R. No. 184861, June 30, 2009
Sy Tiong Shiou v. Sy Chim, March 30, 2009

B. The Effect and Application of Laws (Art. 1-18, NCC)

1. Date of Effectivity Art. 2, NCC
2. Executive Order No. 200, 18 June 1987
3. Tanada v Tuvera, 146 SCRA 446 (GR 63915 29 December 1986)
4. Philippine Association of Service Exporters v Hon. Ruben Torres et.al., GR 10279
6 August 1992
5. Tayug Rural Bank v CB, GR 46158, 28 November 1986
6. National Electrification Administration Vs. Gonzaga, 539 SCRA 388
7. Gutierrez v. House of Representative, G.R. No. 193459, March 8, 2011
8. Application of Laws
a. Application of Penal Laws, and Laws on Public Security and Safety Art.14, NCC
b. Application of Laws on Family Rights and Duties;
c. Status Condition and Legal Capacity of Persons Art.15, NCC
d. Law on Property Art. 16, NCC

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 e. Forms, Solemnities of Contracts and Wills Art. 17, NCC
f. Suppletory Effect of the Civil Code Art.18, NCC
9. Customs contrary to public order & proof Art. 9, 11-12, NCC
10. Non-retroactivity of laws; exceptions
a. Articles 4, 2252-2269 NCC
b. Article 22, Revised Penal Code
c. Liam Law v. Olympic Sawmill Co., 129 SCRA 439

C. Computation of Time, Art. 13, NCC

1. Firestone Tire and Rubber Co v Lariosa and NLRC L-70479 27 February 1987
2. Gonzaga v de David L-14858 29 December 1960
3. Rural Bank v Court of Appeals L-32116 21 April 1981
4. Meaning of Weeks and Months Art.13, NCC
5. People v del Rosario L-7234 21 May 1955

D. Principles on the Application of Laws

1. Presumption of Knowledge of the Law, Art. 3, NCC
2. Filart 40 Phil 205
3. Prospective & Retroactive Effect of Laws, Art. 4 NCC
4. ABS-CBN v Court of Tax Appeals L-52306 12 October 1981
5. Lorenzo v Posadas 64 Phil 353
6. Ignorance of the Law – Elegado v. CTA 173 SCRA 285
7. Applicability of Customs
a. Section 5, Article XII, 1987 Constitution
b. Section 2 and 3, Rule 129, Rules of Court
8. Conflict Rules
a. Aznar v. Christensen, G.R. No. L-16749, January 31, 1963

E. Mandatory and Directory Laws Art. 5, NCC

1. Articles 526, 2154 and 2155, NCC

F. Waiver of Rights and Exceptions Art 6, NCC

1. Ferrazini v Gsell 34 Phil 693

G. Equity in the Application of Law Art 10, NCC

H. Repeal of Laws Art 7, NCC

1. Section 3, Article XVIII, 1987 Constitution
2. Lichauco v Apostol 44 Phil 138
3. U.S. v Palacio 33 Phil 208

I. Jurisprudence & Duty of the Courts to Decide Art 8-9 NCC

1. Floresca v Philex Mining GR 30642 30 April 1985

J. Binding Effect – Article 15, NCC

II. Human Relations (Art.19-36, NCC)

A. Abuse of Right

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 1. Mata v. Agravate, 561 SCRA 66
2. Heirs of Purisima Mala vs. Cabansag, 554 SCRA 437
3. Diaz v. Davao Light & Power Co. Inc. 520 SCRA 481

B. Unjust Enrichment
1. Shinryo Company Inc. v. RRN Inc., G.R. No. 172525

C. Liability of Public Officers

1. Article 11, 1987 Constitution
2. Aberca v. Ver, 160 SCRA 590

D. Independent Civil Action and Prejudicial Question

1. Prado v. People, 133 SCRA 602
2. Umalvis v. CA, 186 SCRA 680
3. Yap v. Paras, 205 SCRA 625
4. Yulienco vs. CA. 393 SCRA 143

III. Introduction to the Family Code

A. Civil Personality
1. Concept and classes of Persons – Articles 37, 40-47 NCC
a. Capacity (Juridical Capacity & Capacity to Act), Art. 37, NCC
b. Incapacity (Causes & Consequences), Art.38-39, NCC
c. Natural Persons Art.40-42, NCC; Survivorship Art 43, NCC
d. Juridical Persons Art.44-46, NCC

B. Citizenship & Domicile

1. 1987 Constitution on Citizenship - Article 4, Sec. 1-5 1987 Constitution
2. Article 2, Sec. 14, 1987 Constitution
3. Republic Act 8171 (1995)
4. Republic Act 9139, Administrative Naturalization Law
5. Republic Act 9225, Dual Citizenship Law, 2003
6. Women in Nation Building Act of 1992, Republic Act No.7192, Sections 5-8
7. Van Dorn v Romillo, 139 SCRA 139
8. Pilapil v Ibay-Somera, 174 SCRA 653

C. Capacity to Act and the Restrictions to the Capacity to Act

1. Presumption of capacity
a. Standard Oil Co. v. Arenas, 19 Phil 363
2. Restrictions – Articles 6, 38-39 NCC
a. R.A. 6809
b. Minority
i. Effects on Contracts
Articles 1327, 1390 (1), 1403 (3), 1397, 1399, 1489, 1426-1427, 1489 NCC
Bambalan v. Maramba, 51 Phil. 417
Braganza v. Villa Abrille, 105 Phil. 456
ii. Effects on marriage
Article 5 and 35, Family Code

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 iii. Effects on crimes
Article 12 and 68, Revised Penal Code
c. Insanity
i. People v. Rafanan, 204 SCRA 65
ii. Effects on contracts and crimes
Articles 1327-1328 and 1399, NCC
Article 12, RPC
Carillo v. Jaojaco, 46 Phil. 957
iii. Effect on marriage
Articles 45 and 47, Family Code
d. Prodigality
i. Article 92 (2) RPC
ii. Martinez v. Martinez, 1 Phil. 182
e. State of being deaf and mute
i. Articles 807, 820, 1327, NCC
f. Civil Interdiction
i. Articles 11 (2), 13 (5) and 34, RPC
g. Absence
i. Articles 390-391, NCC
ii. Article 124 Family Code
h. Family Relations
i. Articles 1109 and 1490, NCC
ii. Articles 37 and 87, Family Code
i. Married Women
i. Article 2259 NCC
ii. Section 4, Rule 3, Rules of Court

D. Domicile, Residence and Citizenship

1. Marcos v. COMELEC, G.R. No. 119976, September 18, 1995
2. Frivaldo v. COMELEC, G.R. No. 87193, June 23, 1989

IV. Marriage, Formal and Essential Requisites

A. Concept and Nature of Marriage
Sections 1-4, Article XV, 1987 Constitution
Sec.3 (1) 1987 Constitution Marriage Ceremony, Article 6; 8;
1. Article 1, Family Code
2. Article 19-21, Family Code
3. Article 2176, NCC
4. Marriage as a contract
i. Selanova v. Mendoza, 64 SCRA 69
ii. Breach of Promise to Marry
iii. Hermosisima v CA, et.al. 109 Phil 628
iv. Wassmer v Velez 12 SCRA 652
v. Ty v Court of Appeals, G.R. 127406, 27 November, 2000

B. Requisites of Marriage
1. Essential Requisites, Article 2; 4, 45 (3) FC
i. Legal Capacity, Article 5; 35 (1); 37-38; 45 (1) FC

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 and Article 26 (2), FC
ii. Consent, Article 14-16; 35 (5); 45 (2) to (6); 46, FC

2. Formal Requisites, Article 3; 4, FC

i. Authority of the Solemnizing Officer, Article 3 (1); 7; 4 (2), 35 (2) FC
ii. Persons Authorized to Solemnize Marriage, Articles 7-8; 10; 21, 31, 32 FC
iii. Marriage License – Articles 9-34 Family Code
iv. Valid Marriage License; Valid Marriage Ceremony
Article 9; 11; 15-16, FC Civil Registrar, Article 17-19, FC;
Validity, Article 20, FC
v. Cases:
Eugenio v J. Velez, G.R. 85140 17 May 1990
Arañes v. Occiano, 380 SCRA 402
Madridejo v. de Leon, 55 Phil 1
Navarro v Domogtoy 259 SCRA 129
Pugeda v Trias 4 SCRA 49
People v Borromeo 133 SCRA 106
Martiatequi v CA 205 SCRA 337
Tenebro v CA GR 150158, February 18, 2004
RP v Dayot GR 175581, 28 March 2008 (false affidavit)
vi. Marriages Exempt from License Requirement, Articles 27-34, FC
Cases:
Cariňo v Cariňo, G.R. 102569, 2 February 2001
Republic v C.A. and Castro 236 SCRA 257
Ninal v Bayadog GR 133778 14 March 2000 ,

3. Presumption of Marriage
i. Article 220, NCC
ii. Vda. De Jacob v. CA, 312 SCRA 772
iii. Alcazar v. Alcazar, G.R. No. 174451, October 13, 2009

C. Marriages Celebrated in Foreign Countries

1. FC Marriages Solemnized Outside the Philippines Article 26, FC
2. Van Dorn v. Romillo, G.R. No. L-68470, October 8, 1985
3. Pilapil v. Ibay-Somera, G.R. No. 80116, June 30, 1989
4. Garcia v. Recio, 366 SCRA 437
5. Republic v Obrecido GR 154380 5 October 2005
6. Llorente v CA and Lorente GR 124371 November 23, 2000
7. Republic v Iyoy GR 152577 21 September 2005
8. Republic v C.A. and Castro (Re: Secret Marriage)
9. Marriages by Ethnic Cultural Communities, Article 33, FC
10. Muslim Marriage, Presidential Decree 1083,
11. Articles 15 and 17, NCC

V. Void Marriages
1. Grounds – Articles 4, 35-41 and 44 Family Code
a. Lacking Essential and Formal Requisites, Article 35, FC
b. Almelos v RTC GR 179620, 28 August 2008

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 c. Wiegel v Sempio-Dy 143 SCRA 499
d. Odayat v Amante 77 SCRA 338
e. Atienza v. Brillantes, 243 SCRA 32
f. Borja-Manzano v. Sanchez, 354 SCRA 1
g. Almelor v. RTC, 563 SCRA 447

2. Psychological Incapacity, Article 36, FC;

a. Republic Act 8533 (1998) in relation to Article 39;
Article 54, FC;
b. Supreme Court, A. M. NO. 02-11-10-SC March 4, 2003
c. Cases:
Benedicto v De La Rama 3 Phil 341 ( L-1056, 8 December 1903)
(Availability of Divorce) Valdes v RTC of QC GR 122749 31 July 1996
Leouel Santos v CA and Julia Rosario Bedia-Santos, GR 112019 4 January 1995
Chi Ming Tsoi v Court of Appeals, G.R. No. 119190. January 16, 1997
Republic v Molina, G.R. 108763, February 13, 1997
Pesca v. Pesca, 408 Phil. 713, 720 (2001)
Antonio v Reyes, G.R. 155800, March 10, 2006
Marcos v Marcos 343 SCRA 755
Leonilo Antonio v Marie Yvonne F. Reyes, GR 155800, 10 March 2006
Santos v. Santos, 240 SCRA 20
Republic v. Cabantug-Baguio, 556 SCRA 711
Te vs. Yu-Te, G.R. No. 161793, February 13, 2009
Ting v. Velez, G.R. No. 166562, March 31, 2009
Torring v. Torring, G.R. No. 165321, August 3, 2010
Perez-Ferrais v. Brix Ferraris, G.R. No. 162368, July 17, 2006
Reyes v. Reyes, G.R. No. 185286, August 18, 2010
Suazo v. Suazo, G.R. No. 164493, March 12, 2010
d. Supreme Court Rule on Declaration of Nullity of Void Marriages and Voidable
Marriages, A.m. No. 02-11-10-SC 2003-03-04; Carlos v. Sandoval, 574 SCRA 116

4. Incestuous Marriages and Marriages Void for reasons of Public Policy; Presumptive
Death
a. Incestuous Marriages, Article 37, FC
b. Marriages Void for Public Policy, Article 38, FC
c. Final Judgement, Absolute Nullity of Previous Marriage, Art. 40
Bobis v Bobis 3 July 2000
Landicho v Relova 22 SCRA 731
Rep v Castro 236 SCRA 257
Domingo v CA 226 SCRA 572
d. Presumptive Death, Article 41-44, FC
Rep. v Nolasco 220 SCRA 20
Rep. v Bermudez Lorino 18 January 2005
Valdes v RTC 260 SCRA 221
5. Deficiency in Consent, Article 45-47,FC
a. Prohibition on Collusion, Article 48, FC
Mercado v Mercado 337 SCRA 122
b. Common Provisions:

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 Support Pendente Lite,
Presumptive Legitimes,
Liquidation, Support, Custody and Partition, Article 49-51, FC
c. Effect on Subsequent Marriage, Article 52-53, FC

VI. Voidable Marriages

1. Grounds
Articles 45-48, Family code
Article 344, RPC
Supreme Court Rule on Declaration of Nullity of Void Marriages and Voidable Marriages,
A.m. No. 02-11-10-SC 2003-03-04; Carlos v. Sandoval, 574 SCRA 116
2. Cases:
Anaya v. Palaroan, 36 SCRA 97
Suntay v. Cojuangco-Suntay, 300 SCRA 760
Jarillo v. People. G.R. No. 164435, June 29, 2010
2. Effects of Pending Action
Articles 49, 50-54, Family Code
Articles 369 and 371, NCC
3. Jurisdiction
Tamayo v. Ortiz, 291 SCRA 584
4. Marriage when one spouse is absent
Articles 83, 85 (2) and 87 (2) NCC
Articles 41-44, Family Code
Article 349, RPC

VII. Legal Separation

A. Concept – Articles 45-55 and PD 1083 (Muslim Code)
B. Grounds:
1. Article 55, Family Code
2. Article 97, NCC
3. When Grounds not Available, Article 56, FC
4. When to File, Article 57, FC
5. Six Month Period, Reconciliation and Prohibition on Collusion, Articles 58-60, FC
C. Defenses – Article 56, Family Code
Brown v. Yambao, 102 Phil. 168
Matubis v. Praxedes, 109 Phil 789
D. Procedure – Articles 57-60, Family Code
Contreras v. Macaraig, 33 SCRA 222
Ramos v. Vamenta, 46 SCRA 110
E. Effects of Filing of Petition for Legal Separation
Articles 61 and 62, Family Code
De la Viña v. Villareal, 41 Phil. 13
Reyes v. Ines-Luciano, 88 SCRA 803
F. Rules on Legal Separation, A. M. NO. 02-11-11-Supreme Court, March 15, 2003
Exception: Sec. 19, Republic Act 9262, Violence against Women and their Children Act of
2004;
G. Effects of Decree
1. Articles 63 and 64, Family Code

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 2. Section 11, PD 612 (Insurance Code)
3. Dissolution and Liquidation of Property
4. Custody
a. Determining the best interest of the child
Gamboa-Hirsch v. CA, 527 SCRA 380
Sy v. CA, 541 SCRA 371
Cervantes v. Fajardo, 169 SCRA 575
Santos v. CA, 242 SCRA 407
b. Child Preference
Laxamana v. Laxamana, 388 SCRA 296
c. Jurisdiction
Madriñan v. Madriñan, 527 SCRA 487
H. Reconciliation – Article 65, 66 and 67, Family Code
I. De Facto Separation
Articles 100, 127, 239, 242 and 246-247, Family Code
Perez v. CA, 255 SCRA 661
Villanueva v. Chiong, 554 SCRA 197
J. Divorce
1. Foreign Divorce
Article 15, NCC
Article 26, Family Code
Bayot v. CA, 570 SCRA 472
Gerbert R. Corpuz v. Daisylyn Tirrol Sto. Tomas, G.R. No. 186571, August 11, 2010
Amor-Catalan v. CA, 514 SCRA 607
2. Muslim Divorce
Yasin v. Sha’ria District Court, 241 SCRA 606
K. Cases:
Matute v. Macadaeg, 99 Phil. 340
Laperal v. Republic, 6 SCRA 357
Siochi v. Gozon, G.R. No. 16990, March 18, 2010
US v Joanino 27 Phil 477 (Effects)
Laperal v Republic 6 SCRA 357 (Surname)
Hatima Yasin v Sharia District Court G.R. No. 94986 February 23, 1995
Remo v Hon. Sec. of the Department of Foreign Affairs, CA GR Sp.87710,
July 24, 2004, Reverting to Maiden Name, Passport)
Llorente v CA and Lorente GR 124371 November 23, 2000;
Republic v Obrecido GR 1543805 October 2005 (Effect of Divorce by a
former Filipino)
People v Genosa, GR 13591, January 15, 2004

VIII. Rights & Obligations between Husbands & Wives

A. Cohabitation, Mutual Love, Respect and Fidelity
Article 68, 69, Family Code
Article 34, NCC
Article 247, RPC
R.A. 8353 and R.A. 9262
Narag v. Narag, 291 SCRA 451
B. Mutual Help and Support

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 Articles 68, 70, 199 and 200, Family Code
Article 11, NCC
Pelayo v. Lauron, 12 Phil. 453
Lacson v Lacson 24 SCRA 837
Arroyo v Vasquez de Arroyo 42 Phil 54
Giota v Campos Rueda 35 Phil 252
Arroyo v Vasquez de Arroyo
C. Joint Support, Management of the Household, Relief for Neglect of Duty,
Articles 70-72, FC Arroyo v Vasquez de Arroyo (Contempt of Court)
Support, Article 194-195, FC When Available
Quimiguing v Icao 34 SCRA 132
Barnuevo v Fuster 29 Phil 606
Marcelo v Estacio 70 Phil 145
Cononizado v Almeda-Lopez 109 Phil 1169
Jocson v Empire Insurance Co. 103 Phil 580
Samson v Yatco 1 SCRA 1145
Joint Parental Authority, Article 208-215, FC
Leouel Santos and Rosario Bedia Santos v CA 242 SCRA 407
Flores v Esteban 97 Phil 439
Presumption in favour of the Mother in Custody Cases when Child is aged below seven
Unfit Parent, Art. 229 (5) FC; 231 (Termination & Suspension)
Petition for Habeas Corpus of Angelie Anne Cervantes 169 SCRA 575
Leouel Santos and Rosario Bedia Santos v CA

Support, Review Definition, Article 194, FC;

Who are entitled to Support each other, Article 195-197, FC
(Amount, Article 201 (in relation to 195-196);
Necessity and Means Available, Article 202, FC,
Liability for Support in case there are two or more obliged, Article 199-200, FC
When Demandable, Article 203;
Effect of Separation in Fact) Article 127, FC;
How to Fulfil, Article 204, FC;
Non-Levy of Support, Article 205;
Qualification (Excess) Article 208, FC;
Reimbursement, Third Person providing Support, Article 206-207, FC;
Contractual Support, Article 208, FC

Support Pendente Lite, Article 198, FC

Parental Authority, Definition,
Character of Responsibility,
Joint/ Preference for Father in case of disagreement, Article 209-211l;
also 186 (Adoption);
See also effect of adoption (Termination of Parental Authority, Parents by Nature,
Article 189, FC) Exception Illegitimate Children,
Sole Parental Authority of the Mother, Article 176, FC
Preference in favour of Mother, Child aged below seven
Espiritu v CA, G.R. No. 115640 March 15, 1995
Gualberto v CA, G.R. No. 154994. June 28, 2005

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 Rights and Duties, Article 220, FC (23)
Civil Liability for Damages, Article 221, FC
Child’s Property, Article 225-227;
Guardian Ad Litem) 222, FC
D. Exercise of Profession, Article 73, FC
Article 117, NCC
R.A. 7192
E. Use of Surname
Articles 370, 373, 377 and 378, NCC
Tolentino v. CA, 162 SCRA 66
E. Relief from Court – Article 72, Family Code

IX. Property Relations Between Spouses

A. General Provisions – Articles 74-81, Family Code
B. Marriage Settlements, Donations
1. Requisites – Articles 82-87, Family Code
2. Donations by Reason of Marriage, Art.82-87
Hardling v Commercial Union Ass. Co. 38 Phil 464
Moderate Gifts; Who May Question Donation
Matabuena v Cervantes 38 SCRA 284 (Unions without Marriage)
3. Grounds for Revocation of Donation Propter Nuptias
4. Void Donations
C. Applicable Property Regime, Articles 74-81, FC
Quintana v Lerma 24 Phil 285
Inheritance Marriage Settlements (Pre-nuptial Agreements), Validity, Article 75-77, FC
D. Absolute Community – Articles 88-90, Family Code
1. What Constitutes Community Property, Article 91;
2. When Constituted, Article 88;
3. Presumption of Inclusion, Article 93;
4. Co-Ownership, Article 90;
5. Non-waiver Article 89, FC
De Leon v RFC 36 SCRA 289
Ahern v Julian 39 Phil 607
Jocson v Jocson Vasquez 170 SCRA 333
Sideco v Aznar 92 Phil 952
6. Excluded from Absolute Community, Article 92, FC
7. Charges upon the ACP, Articles 94-95, FC
8. Ownership, Administrative, Enjoyment and Disposition of the Community Property,
Article 96-98
9. Dissolution of the Absolute Community of Property, Article 99, FC
E. Conjugal Partnership Property
1. What Constitutes CPP, Article 106 & 108,
2. When constituted, Article 105;
3. Non-waiver, Article 107 in relation to Article 88 & 89, FC
Philippine National Bank v Qunitos 46 Phil 370
Nable Jose v Nable Jose 41 Phil 713
De Ansaldo v Sheriff of Manila 64 Phil 156 2.
4. Coverage, Conjugal Partnership Property, Article 166-120, FC

13
 Zulueta v Pan-Am Airways 49 SCRA 1
Jovellanos v CA 210 SCRA 126 Flores v Flores
5. Excluded Property, Article 109-115, FC
Tecson v SSS 3 SCRA 735
Santos v Bartolome 44 Phil 76
Lorenzo v Nicolas 91 Phil 686
Gonzales v Miller 69 Phil 340
People’s Bank v Register of Deeds 60 Phil 167
Perez v Perez 109 Phil 64
Rodriguez v De La Cruz 8 Phil 665
6. Charges upon the CPP, Articles 121-123, FC
7. Liquidation of the CPP, Articles 129-133, FC
Babao v Villanueva 44 Phil 921
Moore and Sons Mercantile Co v Wagner 50 Phil 128
F. Separation of Property
1. Definition, Article 145-146;
2. When Constituted
Before Marriage, Article 143;
During Marriage (Grounds and Procedure), Article 134-142;
Revival of Property Regime, Article 67
In re: Jose Bermas and Pilar Bermas 14 SCRA 327
Partosa-Jo v CA 18 December 1992
3. Liability of spouses to creditors, Solidary, Article 146 (2), FC

G. Property Relations of Unions without Marriage, Article 147-148, FC

Tumulos v Fernandez GR 137650 12 April 2000
H. Separation of Property and Property Relations of Unions without Marriage
1. Judicial Separation of Property -Articles 134-135, Family Code
Jo v. CA, 216 SCRA 692
2. Voluntary Separation of Property -Article 136, Family Code
3. Administration by the other spouse – Article 142, Family Code
4. Regime of Separation of Property -Articles 143-146, Family Code
5. Property Regime of Unions Without Marriage - Article 147-148, Family Code
Valdez v RTC 260 SCRA 221
Agapay v Palang 276 SCRA 341
Carino v Carino 351 SCRA 127
Acre v. Yuttikki, 534 SCRA 224
Alain M. Dino v. Caridad L. Dino, G.R. No. 178044, January 19, 2011
I. Effect of De facto Separation and Abandonment Article 100-101, FC
J. Liquidation of the ACP, Articles 102-103, FC
Onas v Javillo 59 Phil 733
De Ocampo v Delizo 69 SCRA 216
X. The Family, Art. 149-150, FC;
A. Sec. 12, Art. 11; Sec.1, Art.15 (1987, Constitution) (
B. Article II, Sec. 12; Article XV, Sec.1-4, 1987 Constitution
C. Article II, Sec. 14; Article XIII, Sec.14, 1987 Constitution
D. Unions without the Benefit of Marriage, Article 147-148, FC
E. Support – Articles 195-208, Family code

14
XI. The Family Home, Art. 151-162, FC
Arriola v Arriola GR 177703, 28 January 2008
Honrado v CA 476 SCRA 280
Spouses Versola v CA, 497 SCRA 385
Manacop v CA 277 SCRA 57
Modequillo v Breva 185 SCRA 766
Valdes v RTC 260 SCRA
Josef v. Santos, 572 SCRA 57
Equitable PCI Bank v. OJ-Mark Trading, G.R. No. 165950, August 11, 2010

XII. Paternity and Filiation

A. Concept of “Legitimacy,” Article 163-165;
1. Legitimate Children
a. Kinds of Filiation
Articles 163-164, Family Code
Liyao, Jr. v. Liyao, et.al., 378 SCRA 563
b. When legitimacy may be impugned
Articles 166-171, Family Code
Macadadang v. CA 100 SCRA 73
Republic v. Labrador, 305 SCRA 438
c. Grounds to Impugn Legitimacy, Articles 166 FC
d. Rules on Impugning Legitimacy, Article 168-171, FC
e. Proof of Filiation, Article 172, FC
Rule 129 and 130, Rules of Court
Kelly, Jr. v. Planters Production, Inc., 557 SCRA 487
Constantino v. Mendez, 209 SCRA 18
Acebedo v. Arquero, A.M. No. P-94-1054, March 11, 2003
Rosendo Hererra v. Alba, G.R. No. 148220, June 15, 2005
f. Action to Claim Legitimacy, Article 173, Family Code
g. Right of Legitimate Children, Article 174, Family Code
De Asis v. CA, 303 SCRA 176
h. Republic Act No. 9255, (2002) Use of Father’s Surname
i. Supreme Court Am. No. 6-11-15, 2 October 2007, Rules on DNA Evidence
B. Illegitimacy, Article 165, Family Code
1. Illegitimate Children
a. Proof of Filiation
Article 175, Family Code
Uyguangco v. CA, 178 SCRA 684
Juson v. CA, 286 SCRA 495
b. Rights of Illegitimate Children
Article 175, Family Code
Mossesgeld v. CA, 300SCRA 464
c. Custody of Illegitimate Children
Briones v Maricel Miguel et.al. 440 SCRA 455
Reynaldo Espiritu v CA and Teresita Masauding GR 1115640, 15 March 1995
(Exception) In re: Stephanie Astorga Garcia GR 14831131 March 2005 (Surname);
RA 9255 (2005) amending Art. 176 of the Family Code

15
 Unson III v Navarro 101 SCRA 182
C. Legitimated Children, Article 177-182, Family Code
1. Effect on Descendants, Article 181
2. Period, Ground and Interest to Impugn Legitimation, Article 182
De los Santos v. Luciano, 60 Phil. 328
D. Adopted Children, Article 189
1. Effects, Article 190
2. Exemptions: Legal Fiction Extension of Legitimacy, (Adultery) Article 167;
3. Nullity, Article 53 & 54 in relation to Article 36, Family Code

XIII. Adoption
A. Concept
1. Qualifications of Adopter, Article 183-187, Family Code
Republic v. Miller, 306 SCRA 183
2. Those who cannot adopt, Article 184, FC
3. Spouses, Joint Adoption, Article 185-186, FC
4. Effects, Article 189-190, Family Code
Republic v. CA and Wong, 209 SCRA 189
5. Succession Rights, Inheritance, Disinheritance, Article 190-193, FC
6. Written Consent to be Adopted, When Applicable, Article 188, Family Code
(Compare with PD 603)
Cang v. Clavano, 296 SCRA 189
7. Rescission of Adoption
B. Nature of Proceedings
DSWD v. Belen, 275 SCRA 645
B. Republic Act 8552, Domestic Adoption Act of 1998
Lahorn v Sibulo, 406 SCRA 135
Republic of the Philippines vs. Court of Appeals, et al., 205 SCRA 356
Bobanovic, et al. vs. Montes, etc., et al., 142 SCRA 485

XIV. Parental Authority

A. General Provision, Articles 209-215, Family Code
Santos v. CA, 242 SCRA 407
B. Substitute Parental Authority, Article 216-219; 222; 233, Family Code
Amadora v. CA, 160 SCRA 315
C. Effects, Articles 220-226, Family Code
D. Suspension/Termination of Parental Authority, Articles 225-233, Family Code
See: R.A. 7610, Anti-Child Abuse Law
Chua v. Cabangbang, 27 SCRA 791
Loss of Parental Authority, Permanently, Article 228;
See Article 234 (3); 236 (Emancipation); 232 (Sexual Abuse) Family Code
Unfit Parent under Part 5, (11) (b) (iii)
Gualberto v CA, G.R. No. 154994. June 28, 2005
Hontriveros Jr. Intermediate Appellate Court 132 SCRA 745
By Final Judgement, Article 229, FC
Effects of Disciplinary Measures, Article 223 (2), FC
E. Procedure, Articles 249-252, Family Code
R.A. 8369

16
 F. Parental Rights
G. Rights of Children
Articles 356-364, 375-376, NCC
Articles 211, 213 and 226, Family Code
H. Rules on the Legal Guardianship of Minors, A.M. NO. 03-02-05-Supreme Court,
Disciplinary Measures, Article 223-224, FC Over Adopted Child, Article 191; 193
Reinstatement to Natural Parents), Family Code
Article 135 (Ground for Judicial Separation of Property); 141 (Revival if restored),
Family Code

XV. Emancipation
A. Emancipation and Age of Majority
1. When it Takes Effect and Effect on Emancipated, Article 234 & 236, Family Code
2. Recorded Agreement, Orphan Minor Child, Article 235, FC (As amended by RA 6809)
3. Revival of Parental Authority when Married Minor’s marriage is declared void or annulled,
Article 237, Family Code (As amended by RA 6809)

XVI. Summary Judicial Proceedings

1. Legal Separation, Article 238-248, Family Code
2. Rules on Legal Separation, A. M. NO. 02-11-11-Supreme Court, March 15, 2003
3. Cases of Parental Authority, Article 249-252, Family Code
4. Application to related Cases, Article 253, Family Code
5. Article 41 Presumptive Death
6. Article 51 Presumptive Legitimes in Void and Voidable Marriages
7. Article 69 Disagreement in Fixing Domicile
8. Article 73 Objection to exercise of profession
9. Article 96, 124, Disagreement with Administration of ACP
10. Article 127 Disagreement with administration of CPP and Separation in Fact

XVII. Final Provisions, Article 254-257, Family Code

XVIII. Care and Education of Children – Art. 363

Flores v. Esteban, 51 O>G. No.9
Luna v. IAC, 137 SCRA 7
Santos v. CA, 242 SCRA 407

XIX. Funeral – Art. 305-310

R.A. 7170 (88O.G. No.8) – Transplantable Organs

XX. Use of Surnames – Art. 364-380 NCC

Republic v. CA, 209 SCRA 189
Moore v. Republic, 62 O.G. No. 9
Llaneta v. Agrava, L-32051, May 13, 1974
Silva v. Peralta, L-131114, May 25, 1960
Calderon v. Republic, L-18127, April 5, 1967, 19 SCRA 721
Naldoza v. Republic, L-55538, March 15, 1982
Adoption of Stephanie Nathy Astorga, March 31, 2005, G.R. No. 148311

17
XX1. Absence – Art. 301-386, NCC
Lukban v. Republic, 52 O.G. No. 3
Aboitiz v. Pepito, L-21335, Decemb er 17, 1966
Eastern Shipping v. Lucero, L-60101, August 31, 1983
Reyes v. Alejandro, 141 SCRA 65

XXII. Civil Register – Art. 407-413 NCC

Rule 108, Rules of Court
R.A. 9048
P.D. 603, Sec. 7
Republic v. Macli-ing, 135 SCRA 367
Republic v. Valencia, 141 SCRA 462
Wing v. Abubakar, L-25168, January 31, 1981
Leonor v. CA, 256 SCRA 69
Lee v. CA, 367 SCRA 110
Solinap v. Locsin, Jr., 371 SCRA 711, 724-5

Course Outline in Property:

Book II. Property, Ownership, and Its Modifications

Module I. Classification of Property
A. Preliminary Provisions
Definition of Property
Thing distinguished from property
Classification of things
Classification of property
Characteristics of property

B. Immovable Property – Art. 415

Academic classification of real property
Real property by nature
Real property by incorporation
Real property by destination or purpose
Real property by analogy
Cases:
Navarro v. Pineda, 9 SCRA 631
Bicerra v. Toneza, 6 SCRA 649
Davao Sawmill v. Castillo, 61 Phil. 709
Ago v. CA, 6 SCRA 530
Mindanao Bus v. City Assoc., 6 SCRA 197

C. Movable Property – Art. 416-418

Art. 416 –
- movables susceptible of appropriation not included in Art. 415
- real property considered as personalty by special provision of law
- forces of nature brought under control of science
- things which can be transported from place to place without impairment of the real
property to which they are fixed

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 Art. 417 –
- Obligations and actions having for their object movable or demandable sums
- Shares of stock of agricultural. Commercial and industrial entities, although they
may have real estate.

Art. 418 –
- Movable property either consumable or non-consumable

Cases:
Presbitero v. Fernandez, 7 SCRA 625
Board of Ass. V. Meralco, 10 SCRA 68, 73-4

D. Property in relation to the person to whom its belongs

Property either of public dominion or private ownership
Art. 420 –
- Property of public dominion
1. Those intended for public use
2. Those not intended for public use but are intended for public service or for
the development of national wealth
Art. 421 - Patrimonial property
Art. 425 – Property of private ownership

Module II. Ownership

A. Definition of Ownership
B. Ownership in general – Arts. 427 – 439
C. Limitations on Ownership
1. Imposed by the State
i. Police Power, see: Art. 436
ii. Power of Taxation
iii. Power of Eminent Domain, see: Art. 435
Essential requisite of eminent domain
Expropriation and its stages
Extraordinary Expropriation, see: Art. III, Sec. 9. and Art. XIII, Sec. 4, 1987
Constitution
Power of Eminent Domain Superior to Prohibition of Infringement of Contracts
No “res judicata” with respect to damages
2. Burdens of Ownership
i. Doctrine of “res perit domino”
ii. Owner cannot use to injure rights of third persons – Art. 431
iii. Owner has no right to prohibit interference of another to avert an imminent
danger
- Doctrine of State of Necessity, see: Art. 11, per. 4, Revised Penal Code
- right to demand indemnity
iv. - Regalian Doctrine
iv. – Hidden Treasure

D. Rights of the Owner

1. Rights of the owner under the Civil Code – Art. 428

19
2. Right to exclude any person from enjoyment or disposal – Art. 429
i. Doctrine of Self-help
ii. Self-defense. See: Art. 11, par. 1, Revised Penal Code
3. Owner may enclose or fence his land or tenement – Art. 430.
4. Action to recover
Requisites in an action to recover
Resort to judicial process for the recovery of property – Art. 433, 541
Recovery of Personal Property, replevin. See: Rule 60 Rules of Court
Recovery of Real Property
a. Forcible entry or unlawful detainer (accion interdictal)
b. Accion publiciana
c. Accion reivindicatoria
See also: writ of preliminary injunction
Writ of possession
5. Right of Accession – Art. 440
a. Definition of Accession
b. Classification of Accession
c. With respect to what is produced by property (accession discreta)
Exceptions: See: Art. 544, par. 1 – possessor in good faith
Art. 566 – usufructuary
Art. 1654 – Lessee
Art. 2132 – Antichretic creditor
d. Kinds of fruits
6. Right of Accession with respect to immovable property
a. Real Property
i. Natural Increment – Art. 441-444
ii. Building, Planting, Sowing
Principles of Accession Continua (accession industrial)
Latin maxims:
Accesorium non ducit sed sequitur suum principali
Accesorium sequitur naturam rei cui accredit
Aedificatum solo, solo cedit
iii. Rules when landowner contructs or plants on his land with the
materials of another
iv. Rights and Obligations of the Owner of the Land who uses the
materials of another
v. Rights and obligations of the owner of the materials
vi. Meaning of good faith and bad faith in relation to Art. 447
vii. Rule when landowner is in good faith but the owner of the materials
is in bad faith
viii. Rule when on the land of the person in good faith, another builds,
sows or plants in bad faith
ix. Art. 448, when applicable, when not applicable
x. Effect of building, plating, sowing in bad faith on the land of another
– Art. 449
xi. Rights of the landowner if builder, planter, sower is in bad faith –
Art. 450, Art. 451

20
 xii. Builder, planter, sower in bad faith entitled to reimbursement for
the necessary expenses of preservation of the land.
xiii. Rule when landowner is in bad faith but the builder, planter or
sower in good faith – Art. 447 will apply.
xiv. Rule when three parties are involved
Cases:
Filipinas College, Inc. v. Timbang, L-12812, September 29, 1959
Calapan Lumber v. Com. Sawmill, 11 SCRA 346
Ignacio v. Hilario, 43 O.G. No. 1
Grana v. CA, 60 O.G. No. 13
Tayag v. Yuseco, L-14043, April 16, 1959
Felices v. Iriola, 55 O.G. No. 17
Ignao v. CA. 244 SCRA 193 SCRA 17, 23
Pecson v. CA, 244 SCRA 407, 414-317
7. Right of accretion – Art. 457
a. Forms of accession natural
i. Alluvium – Art. 457
Essential requisites of alluvium
Accretion on the bank of a lake
on the bank of an island formed in a non-navigable river
on a sea bank
Easement of river banks
Art. 458, when applicable, when not applicable
ii. Avulsion – Art. 459
Definition of avulsion
Rule on uprooted trees – Art. 460
Rule if trees had been transplanted
iii. Change of course of rivers – Arts. 461-462
Requisites for change of river bed
Rule if new river bed in on private estate
Rule if new river bed itself is abandoned
iv. Formation of islands Arts. 464-465
Rule if river divided itself into branches
Ownership of islands
Rule if new island is formed between the older island and the bank
Cases:
Republic v. CA, 131 SCRA 532
Ignacio v. Dir., L-12958, May 30, 1960
Republic v. CA, 132 SCRA 514
Hilario v. Manila, April 27, 1967
Presentacion v. Eugenio, 51 O.G. No. 4
Jagualing v. CA 194 SCRA 607

8. Right of Accession with respect to movable property

a. Adjunction – Art. 466
Definition of adjunction
Different kinds of adjunction
Principal and accessory – Art. 467

21
 Test to determine principal and accessory – Art. 468
Rule if adjunction concerns three or more things
Rule when there can be separation without injury – Art. 469
Rule when accessory is more precious than the principal – Art. 469
Rule in case of bad faith in the adjunction – Art. 470
Indemnity – Art 471
b. Mixture (commixtion or confusion)
Two kinds of mixture
Rules in case of mixture – Art. 473
Rules if parts mixed are same kind, quantity, and quality
Rules in case mixture was caused by negligence of one of the parties
c. Specification – Art. 474
Definition of specification
Rules in Specification
Consideration of sentimental value – Art. 475

E. Quieting of Title – Art. 476-481

1. Concept of quieting of title
2. Remedial and Preventive Action
3. Nature of the action
4. Rights of the owner to have clouds eliminated
5. Requisites in an action to prevent a cloud (action or bill quia timet)
6. Prescription of the Action
7. Section 1, par. 2, Rule 63 of the Rules of Court, an action to quiet title, authorized by
Articles 476 to 481 of the Civil Code
Cases:
Bucton v. Gabar, L-36359, January 31, 1974
Garcia v. Gozon, 95 SCRA 380
Jalandoni v. PNB, L-47579, October 9, 1981
Layno v. CA, L-52064, December 29, 1984
Oño v. Lim, G.R. No. 154270, March 9, 2010
Pioneer Ins. and Surety Corp. v. Heir of Vicente Coronado, G.R. No. 180357, August 4,
2009
D.B.T. Mar-Bay Construction Inc., v. Panes, G.R. No. 167232, July 31, 2009
Lucasan v. PDIC, G.R. No. 176929, July 4, 2008

Module III. Co-ownership – Arts. 484-501

A. Definition of co-ownership – Art. 484
B. Sources of co-ownership
Law
Contract
By chance
By occupation
By succession or will
C. Kinds of Co-ownership
D. Characteristics of co-ownership
E. Co-ownership distinguished from:
1. Ordinary partnership

22
 2. Conjugal partnership
3. The Condominium Act, R.A. 4726
F. Co-owner’s share in benefits and charges – Art. 485
G. Right to use property owned in common – Art. 486
H. Right of co-owners to bring action in ejectment – Art. 487
Ejectment covers:
1. Forcible entry – Rule 70, Rules of Court
2. Unlawful detainer
3. Accion publiciana
4. Accion reivindicatoria
5. Quieting of title
6. Replevin
I. Right to compel other co-owners to contribute to the expenses of preservation
And how co-owner may exempt himself – Art. 488
J. Rules as to necessary repairs – Art. 489
K. Perpendicular Co-ownership – Art. 490
L. Rules on alteration – Art. 491
M. Resolution of majority for administration and better enjoyment – Art. 492
N. Rules regarding ideal share and Rights with respect to the ideal or proportionate share – Art.
493
O. Partition as a rule at any time – Art. 494
When a co-owner cannot demand partition
Rules in case of succession
See: Art. 495 and Art. 498 -partition of an essentially indivisible object
P. Kinds of Partition
Laws governing partition – Civil Code and Rule 69, Rules of Court
1. Extra-judicial partition
2. Judicial Partition
Q. Rights of creditors with respect to partition – Art. 497
R. Protection of third person’s rights in partition – Art. 499
S. Effects of partition – Art. 500
T. Reciprocal warranty in partition – Art. 501
U. Extinguishment of co-ownership
Cases:
Singson v. Veloso, 52 O.G. No. 2
De Guia v. CA, G.R. No. 120864, October 8, 2003
Wee v. De astro, G.R. No. 176405, August 20, 2008

Module IV. Some Special Properties – Arts. 502 – 518

A. Ownership of waters
1. Sec. 2, Art. XII, 1987 Constitution
2. Presidential Decree No. 1067, s. 1976 (Water Code)
Art. 6 and Art. 14, P.D. 1067
Art. 13, PD. 1067, water right
3. Republic Act No. 9275: The Philippine Clean Water Act of 2004
4. Presidential Decree 424 creating the National Water Resources Board
B. Minerals – Art. 519

23
 1. Definition of Minerals
2. Sec. 2, Art. XII, 1987 Constitution
3. Republic Act No. 7942, The Philippine Mining Act

Module V. Possession – Arts. 523 – 561

A. Definition of Possession
B. Degrees of Possession
C. Elements of Possession
D. Ownership and Possession Distinguished
E. Possession in good faith or possession in bad faith
F. Object of possession
G. Acquisition of Possession – Art. 531
H. Essential requirements for possession
I. Possession of hereditary property – Art. 533
J. Effect of Possession through succession
K. Acquisition of possession by minors and incapacitated persons – Art. 535
L. Acquisition by prescription see: Art. 1107 Civil Code
M. Recovery of Possession – Art. 536
N. Acts which do not affect possession
1. Acts of tolerance
2. Possession by squatter
3. Clandestine Possession
4. Possession by force or violence
O. General Rule regarding possession as a fact
P. Rules in case of conflict or dispute regarding possession
Q. Co-possession
R. Effects of Possession – Arts. 539 – 561
1. Right to be respected in possession
2. Legal Means for the restoration of possession
3. Writ of preliminary mandatory injunction
4. Requisites for the issuance of the writ
5. Possession in the concept of an owner – Art. 540, owner by prescription
6. Possession in the concept of the holder – cannot acquire ownership by prescription
i. Lessee
ii. Trustee
iii. Antichretic creditor
iv. Agents
v. Attorneys
vi. Depositaries
vii. Co-owners
7. Presumption that possessor has a just title – Art. 541
8. Kinds of Titles
9. Presumption of possession of movable in an immovable – Art. 542
10. Interruption of possession – Art. 543
i. Interruption in whole or in part
ii. Civil Interruption
11. Rights of possessor in good faith to fruits already received
i. When natural and industrial fruits considered received

24
 ii. When civil fruits deemed to accrue
iii. Rights to pending fruits – Art. 545
12. Necessary and useful expenses and expenses for pure luxury or pleasure
13. Right of possessor in bad faith – Art. 549
14. Rules on improvement and deterioration – Arts. 551 – 552
15. Ways of Losing Possession – Art. 555
16. When possession of movable is equivalent to title – Art. Art. 559
17. Possession of wild animals – Art. 560
18. Lawful recovery of possession unjustly lost – Art. 561
Cases:
Daclag v. Macahilig, G.R. No. 159578, July 28, 2008
Ortiz v. Kayanan, L-32974, July 30, 1979
Carbonell v. CA, 69 SCRA 99
Ochoa v. Apeta, G.R. No. 146259, September 13, 2007
Heirs of Limense v. Ramos, G.R. No. 152319, October 28, 2009
Floreza v. Evangelista, G.R. N o. L-25462, February 21, 1980
Gardner v. CA, G.R. No. L-31340, November 29, 1977
Calagan v. CFI, G.R. No. L-30402, January 28, 1980
Sun Bros v. Velasco, 54 O.G. No. 18
Garcia v. CA, G.R. No. L-20264, January 30, 1971
Tagatac v. Jimenez, 53 O.G. No.12

Module VI. Usufruct – Arts. 562 – 612

A. Definition of usufruct
B. Elements of usufruct
1. Essential
2. Natural
3. Accidental
C. Kinds of Imperfect Usufruct
1. Art. 573
2. Art. 574
3. Art. 591, par. 4
D. Usufruct distinguished from Lease and Easement
E. Kinds of Usufruct
1. According to source – Art. 563
a. Voluntary or conventional (contracts, donations, wills)
b. Legal – created by law – Art. 226, p. 2 Family Code
2. According to extent – Art. 564
a. Total
b. Partial
3. According to persons enjoying the right of usufruct – Art. 564
a. Simple
b. Multiple
i. Simulataneous
ii. Successive
4. According to the terms of the usufruct – Art. 564
a. Pure
b. Conditional

25
 c. With a period
5. According to the object of the usufruct – Art. 564
a. Things
b. Rights
F. Rights of the Usufructuary
1. Rights to the fruits – Arts. 566-570
2. Right to enjoy any increase in the accession or any servitude – Art. 571
3. Right to alienate the usufruct – Arts. 572 and 590
4. Right to recover - Article 578
5. Right to make useful and ornamental expenses – Art. 579
6. Right to any increase in the value due to indispensable repairs made – Art. 594
G. Obligations of the Usufructuary
1. a. To make an inventory – Art. 583
Effect of not giving security – Art. 586 and 599
Exceptions to giving of inventory
i. no one will be injured – Art. 585
ii. Waiver of the owner
b. To give security – Art. 583
Effect of not giving
Instances when security is not required
i. No one will be injured – Art. 585
ii. Waiver
iii. Usufructuary is the donor – Art. 584
iv. Usufruct of parents - Art. 226, p. Family Code, exception- Art. 584
v. In case of caucion juratoria – Art. 587
c. Exercise due care – Art. 589 and 610
d. Answer for damages caused by his substitute’s fault or negligence – Art. 590
e. Usufruct over livestock – Art. 591
f. Make ordinary repairs – Art. 592
g. Notify the owner of urgent repairs – Art. 593
h. To pay the interest on the amount expended for extraordinary repairs – Art. 594
i. Allow work by owner which does not prejudice the usufructuary – Art. 595
j. Pay annual charges – Arts. 596-597
k. To notify the owner of any act of a third person – Art. 601
l. Shoulder the expenses, costs, liabilities in suits involving the usufruct – Art. 602
m. Return the thing at the termination of the usufruct – Art. 612
H. Extinguishment of usufruct
1. By the death of the usufructuary – Art. 603 (1)
Exceptions:
a. Contrary intention
b. Definite period
c. When usufruct is in favor of several persons
i. Successively or
ii. Simultaneously
2. By the expiration of the period or fulfillment of resolutory condition – Art. 603 (2)
3. Merger of usufruct and ownership in the same person – Art. 603 (3)
4. Renunciation of the usufructuary – Art. 603 (4)
5. By the total loss of the thing in usufruct – Art. 603 (5)

26
 6. By the termination of the right of the person constituting the usufruct – Art. 603 (6)
7. By prescription – Art. 603 (7)
Also: non-fulfillment of a mode imposed on the usufructuary
Rescission or annulment of the contract
Termination of parental authority
Mutual dissent
Alienation by innocent purchaser for value – Art. 709
Cases:
Grey v. Carandang, 57 O.G. No. 36
Gaboya v. Cui, L-19614, March 27, 1971
Palad v. Gov., L-24302, august 18, 1972

Module VII. Easements or Servitudes – Arts. 613 - 693

A. Definition of easement/Characteristics of Easements
B. Kinds of Easements
1. As to benefit
a. Real – Art. 613
b. Personal
2. As to manner of exercise – Art. 615
a. Continuous
b. Discontinuous
3. As to indication of existence – Art. 615
a. Apparent
b. Non-apparent
4. As to the nature of the Limitation – Art. 616
a. Positive
b. Negative
5. As to source
a. Voluntary – Art. 619
b. Legal
c. Mixed
C. Modes of Acquiring Easements
1. By title (law, donation, contract, will)
Equivalent of title
a. Deed of recognition – Art. 623
b. Final judgment – Art. 623
c. Apparent sign – Art. 624
2. By prescription
D. Extinguishments of Easements
1. Merger
2. Extinctive prescription
3. Either or both estates is in a condition that the easement cannot be used
4. Expiration of the term or the fulfillment of the condition
5. Renunciation of the owner of the dominant estate
6. Buy off the easement
7. Expropriation of the servient estate
8. Permanent impossibility to make use of the easement
9. Annulment or cancellation of the contract of easement

27
 10. Resolution of grantor’s right to create the easement
11. Registration of the servient estate free from encumbrance in favor of an innocent
purchaser for value
12. Cessation of necessity, in case of legal easement of right of way – Art. 655

E. Legal Easements
1. Waters
See: Article 31-52 of the Water Code
Arts. 52 and 100
Art. 637 has been superseded by Art. 50 of the Water Code
Art. 638 has been superseded by Art. 51 of the Water Code
Art. 639 has been superseded by Art. 38 and 39 of the Water Code
Art. 642-646 must be correlated with Art. 49 of the Water Code
Art. 25 of the Water Code is the easement for appropriation and use of waters.
2. Right of Way – Arts. 649-657
a. Requisites for an easement of right of way
b. Extinguishment of easement of right of way – Art. 655
3. Party Wall – Arts. 658-666
a. Nature of a party wall
i. Easement
ii. Co-ownership – Art. 666
b. Maintenance and repair of party wall – Art. 662
c. Presumption of party wall
d. How to rebut presumption of party wall
4. Light and view – Arts. 667-673
a. Easement of light
b. Easement of light and view
5. Other Legal Easements
a. Drainage of buildings – Art. 674-676
b. Intermediate distances – Arts. 677-681
c. Easements against nuisances – Arts. 682-683
d. Lateral and subjacent support – Arts. 684-687

F. Voluntary Easements – Arts. 688- 693

1. Kinds of voluntary easements
2. Right of naked owner to impose easements
3. Rules when usufruct exists
4. Rules governing voluntary easements

Cases:
Ronquillo v. Roco, 103 Phi. 84
Cruz v. Ramiscal, G.R. No. 137882 February 4, 2005
Valdez v. Tabisula, G.R. No. 175510, July 28, 2008
Valisno v. Adriano, L-37409, May 23, 1988
Bogo-Medellin Milling Co. inc., v. CA, G.R. 124699, July 31, 2003
Costabello Corp. v. CA, 193 SCRA 333

Module VIII. Nuisance – Arts. 694 – 707

28
 A. Definition of nuisance
B. Classification of nuisance
C. Doctrine of Attractive nuisance
D. Abatement of nuisance
E. Remedies against public nuisance
F. Remedies against private nuisance

Module IX. Different Modes of Acquiring Ownership (Book III)

Title I. Occupation
Title II. Intellectual Creation
Title III. Donation
Title IV. Succession
Title V. Prescription
A. Types of Modes of Acquiring Ownership
1. Original Mode (Occupation, Intellectual creation)
2. Derivative Mode (Law, tradition, donation, succession)
3. Mixed Mode (Prescription)
B. Modes of acquiring ownership
1. Intellectual creation – see: The Intellectual Property Code
2. Occupation –
3. Law
4. Tradition – Art. 1496-1501
a. Kinds of Tradition
i. Real or material – physical delivery – Art. 1497
ii. Constructive
Simbolica – Art. 1498
Longa manu – Art. 1496 and 1499
Brevi manu – Art. 1499
Constitutum possessorium – Art. 1500
iii. Quasi-tradition
iv. By operation of Law
5. Donation – Arts. 725- 773
a. Definition of donation
b. Characteristics of donation
c. Classification of donation
i. Inter vivos
*pure or simple – Art. Art. 725
*remuneratory – Art. 726
*conditional or modal – Arts. 726 and 733
*Onerous – Art. 733
ii. Mortis causa
Distinction between donation inter vivos and mortis causa
d. Form Required in donation
i. Movables – Art. 748
ii. Immovables – Art. 749
e. Limitations
i. Who may donate – Art. 735
When donation is perfected – Art. 734

29
 ii. Who may be a donee – Art. 738
iii. Donation should not be inofficious
iv. Donation should not prejudice creditors
v. Donation should not impair support for the donor and his family
vi. Donation cannot comprehend future property – Art. 751
f. Void donations –
i. Made between person guilty of adultery or concubinage – Art. 739 (1)
ii. Made between persons found guilty of same criminal offense – Art. 739 (2)
iii. Made to a public officer, or his wife, descendants and ascendants, by reason
of his office (Art. 739 (3)
iv. Donations made by guardians and trustees of property entrusted to them –
Art. 736
g. Reduction and revocation of donation
i. Donation should not be inofficious – Art. 752
ii. Reduction or revocation under Arts. 760 and 761
iii. Donation should not prejudice creditors – Art. 759, see: Art. 1381, 1387,
1389
iv. Donation should not impair support for the donor and his relative – Art. 750
v. Donations must comply with the conditions of the donation – Art. 764
vi. Donee must not act with ingratitude – Art. Art. 765, 769
6. Succession – Arts. 774-1105
7. Prescription- Arts. 1106-1155
a. Types of prescription
i. Acquisitive
a. Ordinary
b. Extraordinary
ii. Extinctive
a. Characteristics
b. Requisites
c. Periods
b. When prescription is inapplicable
i. By offender
ii. Registered lands
iii. Actions to demand right of way; to abate a nuisance
iv. Action to quiet title if plaintiff is in possession
v. Void contracts
vi. Action to demand partition; distinguished from !aches
vii. Property of public dominion
c. rescription or Limitation of actions
i. To recover movables
ii. To recover immovables
iii. Other actions
d. Interruption

C. Modes of Extinguishing Ownership

1. Voluntary Modes
a. Abandonment, see: Art. 6
b. Alienation

30
 i. Onerous title
ii. Gratuitous title (inter vivos or mortis causa)
2. Involuntary Modes
a. Fortuitous loss or destruction, see: Art. 1189
b. Accession continua (bad faith in commixtion or confusion)
c. Rescissory actions
d. Judicial decree
e. By operation of law
Cases:
Castro v. CA, L-20122, April 28, 1969
Alejandro v. Gerldez, L-33849, August 18, 1977
Puig, et. Al., v. Peñaflorida, et. Al., L-15939, January 31, 1966
Pajarillo v. IAC, 176 SCRA 340
Ins. Life Co., v. Ebrado, L-44059, October 28, 1977
Bautista v. Sabiniano, 92 Phil. 244
Ortiz v. CA, 97 Phil. 46
Cruz, v. CA L-58671, G.R. No. L-58671, November 22, 1985
De Luna v. Abrigo, 181 SCRA 15

Course Outline in Law on Succession

INTRODUCTION
ETYMOLOGY OF “SUCCESSION”
STATUTORY DEFINITION OF SUCCESSION
SUCCESSION AS A MODE OF ACQUISITION
ORIGINAL AND DERIVATIVE CLASSES OF ACQUIRING OWNERSHIP
ELEMENTS OF SUCCESSION
REQUISITES OF SUCCESSION
HEIR
KINDS OF HEIRS
WHEN SUCCESSIONAL RIGHTS ARE VESTED
Case: Bondad v. Bondad, GR L-8092, Mar. 14, 1916, 34 Phil. 232

1. LAW THAT GOVERNS DISTRIBUTION OF ESTATE

HEIRS SUCCEED NOT ONLY TO THE RIGHTS OF THE DECEASED BUT ALSO TO HIS
OBLIGATIONS; EXCEPTION
Heirs succeed not only to the rights of the deceased but also to his obligations
Estate of Hemady v. Luzon Surety Co., Inc., GR L-8437, 100 Phil. 388, Nov. 28, 1956
Exception
Ledesma v. McLachlin, GR L-44837, Nov. 23, 1938, 66 Phil. 547

CHAPTER I: GENERAL PROVISIONS ON SUCCESSION

SUCCESSION; DEFINITION
“DECEDENT” AND “TESTATOR”
INHERITANCE
Heirs subrogated to the rights and obligations of the decedent
Case: Barrios v. Dolor, GR 559, Mar. 14, 1903, 2 Phil. 44

31
Debts of deceased must first be paid before his heirs can inherit
Ortiga Brothers and Co. v. Enage, GR L-6228, Jan. 30, 1911, 18 Phil. 345
Binding effect of contracts upon heirs of deceased party
Estate of Hemady v. Luzon Surety Co., Inc., GR L-8437, Nov. 28, 1956, 100 Phil. 388

RIGHTS TO THE SUCCESSION; WHEN VESTED

Vesture of successional rights
Bonilla v. Barcena, GR L-41715, June 18, 1976, 163 Phil. 516
Vested rights to succession not impaired by new law
Uson v. Del Rosario, GR L-4963, Jan. 29, 1953, 92 Phil. 530
Right of heir to dispose of share accrues upon decedent’s death
Heir may sell hereditary rights to co-heir
De Borja v. Vda. De Borja, GR L-28040,, Aug. 18, 1972, 46 SCRA 577
Value of inheritance reckoned as of time of death of decedent
Dizon-Rivera v. Dizon, GR L-24561, June 30, 1970, 33 SCRA 554
Declaration of heirship not needed to establish right to inheritance
Baun v. Heirs of Baun, GR 30750, Oct. 24, 1929, 53 Phil. 654
Ibarle v. Po, GR L-5064, Feb. 27, 1953, 92 Phil. 721
Morales v. Yañez, GR L-9315, Mar. 24, 1956, 98 Phil. 677
Action to quiet title survives the death of decedent
Bonilla v. Barcena, GR L-41715, June 18, 1976, 71 SCRA 491
Heirs generally bound by contracts entered into by predecessors
DKC Holdings Corp. v. CA, GR 118248, Apr. 5, 2000, 329 SCRA 666
Right of heir to sell right in property under administration
Acebedo v. Abesamis, GR 102380, Jan. 18, 1993, 217 SCRA 186
Aggabao v. RTC of Quezon City Branch 85, GR 146006, Feb. 23, 2004, 423 SCRA 497
Court approval of sale of heir’s interest in the estate required
Liu v. Loy, Jr., GR 145982, July 3, 2003, 405 SCRA 316
Sale during probate subject to the outcome of the proceedings
Opulencia v. CA, GR 125835, July 30, 1998, 355 Phil. 124
Sale by administrator sans court’s approval deemed invalid
Dillena v. CA, GR L-77660, July 28, 1988, 163 SCRA 630
Manotok Realty, Inc. v. CA, GR L-35367, Apr. 9, 1987, 149 SCRA 174
Sale of estate property with probate court authority divests court of jurisdiction to
authorize second sale
Dolar v. Sundiam, GR L-27631, Apr. 30, 1971, 148 Phil. 630
Action for partition mere exercise of right pertaining to decedent
Heirs of Conti v. CA, GR 118464, Dec. 21, 1998, 300 SCRA 345
Declaration of heirship must be made in special proceedings
Litam v. Rivera, GR L-7644, Nov. 27, 1956, 100 Phil. 364
Heirs of Yaptinchay v. Del Rosario, GR 124320, March 2, 1999, 304 SCRA 18

KINDS OF SUCCESSION

TESTAMENTARY SUCCESSION
Definition
Ong Ham v. Saavedra, GR L-27531, Dec. 24, 1927, 51 Phil. 267
MIXED SUCCESSION

32
 Definition
Macrohon Ong Ham vs. Saavedra, GR L-27531, Dec. 24, 1927, 51 Phil. 267

WHAT THE INHERITANCE COMPRISES AND EXCLUDES

Future inheritance
Blas v. Santos, GR L-14070, Mar. 29, 1961, 111 Phil. 503

Transfer to heir of duties and rights

Tuason, Jr. v. Lingad, GR L-24248, July 31, 1974, 58 SCRA 170

Right of redemption transmissible to heirs

Rupa, Sr. v. CA, GR 80129, Jan. 25, 2000, 323 SCRA 153

KINDS OF SUCCESSORS; HEIR, DEVISEE AND LEGATEE

CHAPTER II: TESTAMENTARY SUCCESSION

WILL; DEFINITION
Wills as species of conveyance
Riera v. Palmaroli, GR 14851, Sept. 13, 1919, 40 Phil. 105
Will as an intent to dispose mortis causa
Seangio v. Reyes, GR 140371-72, Nov. 27, 2006, 508 SCRA 177

WILL-MAKING A STRICTLY PERSONAL ACT

NON-DELEGABLE COMPONENTS OF A WILL
PROVISIONS IN A WILL THAT CAN BE ENTRUSTED TO A THIRD PERSON
EFFICACY OF A WILL CANNOT BE LEFT TO THE DISCRETION OF ANOTHER PERSON
Dizon-Rivera v. Dizon, GR L-24561, June 30, 1970, 33 SCRA 554

CONSTRUCTION THAT WILL GIVE EFFECT TO A DISPOSITION FAVORED

Benedicto v. Javellana, GR 3751, Feb. 21, 1908, 10 Phil. 197

Court could vary the language of the will to give it effect

Solla v. Ascueta, GR 24955, Sept. 4, 1926, 49 Phil. 333

TESTATOR’S INTENTION TO BE ASCERTAINED FROM THE WORDS OF THE WILL

ORDINARY AND TECHNICAL WORDS IN A WILL; HOW CONSTRUED
Execution of a will to be settled pursuant to testator’s intention
In re Estate of Calderon, GR 7856, Dec. 26, 1913, 26 Phil., 233

PREFERENCE TO BE ACCORDED TO EXPRESSIONS GIVING EFFECT TO A WILL

PARTIAL VALIDITY AND INVALIDITY OF A WILL
Balanay, Jr. v. Martinez, GR L-39247, June 27, 1975, 64 SCRA 452

STATUS OF AFTER-ACQUIRED PROPERTY

REVISE OR LEGACY TO COVER ALL INTEREST OF TESTATOR
LAW GOVERNING FORM OF WILLS
In re will of Riosa, GR 14074, Nov. 7, 1918, 39 Phil. 23

33
Validity of will to be judged by the law at the time of its making
Enriquez v. Abadia, GR L-7188, Aug. 9, 1954, 39 Phil. 23

TESTAMENTARY CAPACITY; GENERALLY PRESUMED

Bugnao v. Ubag, GR 4445, Sept. 18, 1909, 14 SCRA 163

MINORS INCAPACITATED TO MAKE A WILL

TESTATOR MUST BE OF SOUND MIND AT THE TIME OF EXECUTION OF WILL
WHAT CONSTITUTES A SOUND MIND
Alsua-Betts v. CA, GR L-46430-31, July 30, 1979, 92 SCRA 332

General presumption of sanity and burden of proving the contrary

People v. Cruz, GR L-13219-20, Aug. 31, 1960, 109 Phil. 288

REVERSE PRESUMPTION
EFFECTS OF SUPERVENING CAPACITY AND INCAPACITY
MARRIED WOMAN MAY MAKE A WILL WITHOUT HUSBAND’S CONSENT AND COURT AUTHORITY
MARRIED WOMAN MAY DISPOSE OF BY WILL HER SEPARATE AND CONJUGAL PROPERTY
REQUIREMENTS COMMON TO WILLS
NOTARIAL WILL
Attestation Clause
Tenefrancia v. Abaja, GR L-2415, July 31, 1950, 87 Phil. 139
de Ramos v. CA, GR L-40804, Jan. 31, 1978, 81 SCRA 393

Purpose of attestation clause

Leynez v. Leynez, GR L-46097, Oct. 18, 1939, 68 Phil. 745

Purpose of requiring the numbering of pages

Abangan v. Abangan, GR 13431, Nov. 12, 1919, 40 Phil. 476

Precision of language in drafting attestation clause not imperative.

Testate Estate of the Late Alipio Abada v. Abaja, GR 147145, Jan. 31, 2005, 450 SCRA 264

Number of sheets or pages used; failure to state deemed fatal

In re Will of Andrada, GR 16008, 42 Phil. 180, Sept. 29, 1921

Number of pages; purpose of stating it in the attestation clause

In The Matter of the Estate of Saguinsin, GR 15025, 41 Phil. 875, Mar. 15, 1920

Signatures of witnesses at bottom of attestation clause mandatory

Cargo v. Cargo, GR L-5826, Apr. 29, 1953, 92 Phil. 1032

Subscription of signatures of testator and attesting witnesses

Gonzales v. Gonzales de Carungcong, GR L–3272-73, Nov. 29, 1951, 90 Phil. 444
Echavarria v. Sarmiento, GR 45260, Nov. 28, 1938, 66 Phil. 611

Attestation clause pertains only to witnesses

Cargo v. Cargo, GR L-5826, 92 Phil. 1032, Apr. 29, 1953).

34
Subscription
Taboada v. Rosal, GR L-36033, Nov, 5, 1982, 118 SCRA 195

Test of presence of testator and witnesses

Jaboneta v. Gustilo, GR 1641, Jan. 19, 1906, 5 Phil 541).
Nera v. Rimando, GR 5971, Feb. 27, 1911, 18 Phil. 450

Subscription on various periods not permitted by law

Andalis v. Pulgueras, GR 39209, Mar. 10, 1934, 59 Phil. 643

Signatures of testator and witnesses appearing in right margin

Avera v. Garcia and Rodriguez, GR 15566, 14, 1921, 42 Phil. 145

Use of thumbprint or other mark allowed

De Gala v. Gonzales and Ona, 53 Phil. 108; 28 R.C.L., 117

Inadvertent failure of witness to affix signature to a page not fatal

Icasiano v. Icasiano, GR L-18979, June 30, 1964, 11 SCRA 422
Signing by another op testator’s name at latter’s direction
Garcia v. Lacuesta, GR L-4067, Nov. 29, 1951, 90 Phil. 489

Third person requested by testator to write his name need not sign will himself
Barut v. Cabacungan, GR 6285, Feb. 15, 1912, 21 Phil. 461

Will subscribed at the end by some person other than the testator,
insufficient compliance with the law
Balonan v. Abellana, GR L-15153, Aug. 31, 1960, 109 Phil. 359

Position of testator and witnesses when will is subscribed

Nera v. Rimando, GR 5971, Feb. 27, 1911, 18 Phil. 450

Primary purpose of pagination requirement

Martir v. Martir, GR 46995, June 21, 1940, 70 Phil. 89

Use of Arabic numerals in lieu of letters allowed

Unson v. Abella, GR 17857, June 12, 1922, 43 Phil. 494

FORMS OF WILLS
Examples of defective notarial wills
Azuela v. CA, GR 122880, Apr. 12, 2006, 487 SCRA 119

NOTARIAL ACKNOWLEDGMENT OF WILLS

Purpose of acknowledgment
Protacio v. Mendoza, AC 5764, Jan. 13, 2003, 395 SCRA 10

Certification of notary that testament was duly acknowledged is not part of acknowledgment or
testamentary act

35
 Andalis v. Pulgueras, GR 39209, Mar. 10, 1934, 59 Phil. 643

Acknowledgment and jurat distinguished

Tigno v. Aquino, GR 129416, Nov. 25, 2004, 444 SCRA 61
Gamido v. NBP Officials, Mar. 1, 1995, GR 114829, 242 SCRA 83

Notary public cannot serve as witness at the same time

Cruz v. Villasor, GR L-32213, Nov. 26, 1973, 54 SCRA 31

RULE IN CASE THE TESTATOR IS DEAF OR DEAF-MUTE

RULE IN CASE THE TESTATOR IS BLIND; RATIONALE FOR THE RULE
Article 808 applies also to those incapable of reading

Alvarado v. Gaviola, GR 74695, Sept. 14, 1993, 226 SCRA 347

DEFECTS AND IMPERFECTIONS IN THE FORM OF ATTESTATION; DOCTRINE OF LIBERAL

INTERPRETATION
Lopez v. Lopez, GR 189964, Nov. 12, 2012, 685 SCRA 209

Purpose of requiring attestation to state the number of pages used

Caneda v. CA, GR 103554, May 28, 1993, 222 SCRA 781

Discrepancy in stated and actual number of pages

Testate Estate of the late Alipio Abada v. Abaja, GR 147145, Jan. 31, 2005, 450 SCRA 264

Evidence aliunde not allowed to fill void or supply missing details

Gil v. Murciano, GR L-3362, Mar. 1, 1951, 88 Phil. 260

HOLOGRAPHIC WILL; FORM

Effect of failure to observe formalities
Ajero v. CA, GR 106720, Sept. 15, 1994, 236 SCRA 488

Complete date requirement; exception

Velasco v. Lopez, GR 905, Feb. 12, 1903, 1 Phil. 720).
Roxas v. De Jesus, Jr., GR L-38338, Jan. 28, 1985, 134 SCRA 245).

WITNESS/ES OR EXPERT ON THE HANDWRITING AND SIGNATURE OF TESTATOR

3-witness requirement not mandatory for holographic wills
Azaola v. Singson, GR L-14003, Aug. 5, 1960, 109 Phil. 102).

Holographic will itself must be presented for probate; exception

Gan v. Yap, GR L-12190, Aug. 30, 1958, 104 Phil. 509
Rodelas v. Aranza, GR L-58509, Dec. 7, 1982, 119 SCRA 16

Date in a holographic will to include the day, month and year of execution; exception
Roxas v. De Jesus, Jr., GR L-38338, Jan. 28, 1985, 134 SCRA 245

Where to place the date of the holographic will

36
 Labrador v. CA, GR L-83843-44, Apr. 5, 1990, 184 SCRA 170

DISPOSITIONS BELOW TESTATOR’S SIGNATURE

Only unsigned words erased, corrected are invalidated; exception
Velasco v. Lopez, GR 905, Feb. 12, 1903, 1 Phil. 720
Kalaw v. Relova, GR L-40207, Sept. 28, 1984

SIGNED BUT UNDATED DISPOSITIONS; HOW VALIDATED; EFFECT

AUTHENTICATING INSERTIONS, CANCELLATIONS, ERASURES OR ALTERATIONS
WILL MADE BY A FILIPINO ABROAD MAY BE PROBATED IN THE PHILIPPINES
EFFECT OF WILL MADE BY AN ALIEN WHO IS ABROAD
EFFECT OF WILL MADE IN THE PHILIPPINES BY CITIZEN OF ANOTHER COUNTRY
JOINT WILL PROHIBITED
de Perez v. Tolete, GR 76714, June 2, 1994, 232 SCRA 722

Rationale for the prohibition especially between spouses

Dacanay v. Florendo, GR L-2071, Sept. 19, 1950, 87 Phil. 324

JOINT WILLS EXECUTED BY FILIPINOS AND ALLOWED IN ANOTHER COUNTRY NOT VALID HERE
WITNESSES TO WILLS; QUALIFICATIONS
Good reputation of witness presumed
Gonzales v. CA, GR L-37453, May 25, 1979, 90 SCRA 183

Credibility as the other principal qualification of witness to a will

De Molo v. Tanchuco, GR L-8774, Nov. 26, 1956, 100 Phil. 344

Relatives of testator or heirs not prohibited from being witnesses

De Roxas v. Roxas, GR L-2396, Dec. 11, 1950, 87 Phil. 692

Competency of witness determined by law while his credibility rests upon appreciation thereof by
the court
Gonzales v. CA, GR L-37453, May 25, 1979, 90 SCRA 183

Competency and credibility as a witness distinguished

de Aroyo v. El Beaterio del Santissimo Rosario de Molo, GR L-22005, May 3, 1968, 23 SCRA
525

COMPETENCY OF WITNESSES MUST BE PRESENT AT TIME OF ATTESTATION; THEIR SUBSEQUENT

INCOMPETENCY WILL NOT BAR PROBATE OF WILL
WITNESS, HIS SPOUSE, PARENT, CHILD OR PERSON CLAIMING UNDER ANY OF THEM CANNOT
INHERIT
CREDITORS OF A TESTATOR MAY BE COMPETENT WITNESSES TO HIS WILL
CODICIL; DEFINITION
FORMAL REQUISITES OF A CODICIL
INCORPORATION OF DOCUMENT IN A WILL BY REFERENCE; REQUIREMENTS
REVOCATION OF WILLS
LAW THAT GOVERNS REVOCATION
INSTANCES WHEN A WILL OR PART OF IT MAY BE REVOKED

37
Physical act of destruction of will not suffice to revoke the same
Maloto v. CA, GR 76464, Feb. 29, 1988, 158 SCRA 451

Doctrine of dependent relative revocation

Molo v. Molo, GR L-2538, Sept. 21, 1951, 90 Phil 37
Samson v. Naval, GR L-11823, Feb. 11, 1918, 41 Phil. 838

When cancellation or destruction of a will may be presumed

Gago v. Mamuyac, GR L-26317, Jan. 29, 1927, 49 Phil. 902

Effect of will torn by another without testator’s express direction

Lipana v. CFI of Cavite, GR 47174, June 28, 1940, 70 Phil. 365

IMPLIED PARTIAL REVOCATION

DOCTRINE OF ABSOLUTE REVOCATION
REVOCATION BY MISTAKE
EFFECT OF REVOCATION OF WILL ON RECOGNITION OF ILLEGITIMATE CHILD
REPUBLICATION AND REVIVAL OF WILLS
EFFECT OF EXECUTION OF A CODICIL REFERRING TO A PRIOR WILL
REVIVAL OF WILLS: REVOCATION OF 2ND WILL REVOKING 1ST WILL DOES NOT REVIVE THE LATTER
ALLOWANCE AND DISALLOWANCE OF WILLS (PROBATE)
Probate or allowance of will defined
Ajero v. CA, GR 106720, Sept. 15, 1994, 236 SCRA 488

Essence of probate
Caniza v. CA, GR 110427, Feb. 24, 1997, 268 SCRA 640

When Court may rule on intrinsic validity

Nuguid v. Nuguid, GR L-23445, June 23, 1966, 17 SCRA 449

General rule on jurisdiction of probate courts; exceptions

Agtarap v. Agtarap, GR 177099, June 8, 2011, 651 SCRA 455

Probate contrasted with validity of the testamentary provisions

Sumilang v. Ramagosa, GR L-23135, Dec. 26, 1967, 21 SCRA 1369

Probate of will mandatory

Guevara v. Guevara, GR L-48840, Dec. 29, 1943, 74 Phil. 479
Luzon Surety Company, Inc. v. Quebrar, GR L-40517, Jan. 31, 1984, 127 SCRA 296

Due execution of the will or its extrinsic validity defined

Pastor, Jr. v. CA, GR L-56340, June 24, 1983, 207 Phil. 758

Nature and characteristics of a probate proceeding

Guevara v. Guevara, GR L-48840, Dec. 29, 1943, 74 Phil. 479

Notice by publication essential to validity of the proceeding

Manalo v. Paredes, GR 24168, Sept. 22, 1925, 47 Phil. 938

38
 Eusebio v. Valmores, GR L-7019, May 31, 1955, 96 Phil. 163

Probate court bereft of power to adjudicate title to properties

Cuizon v. Ramolete, GR L-51291, May 29, 1984, 129 SCRA 495

Probate court’s limited authority

Nittscher v. Nittscher, GR 160530, Nov. 20, 2007, 537 SCRA 681

Probate of a will conclusive as to its due execution and validity

Castañeda v. Alemany, GR 1439, Mar. 19, 1904, 3 Phil. 26
Mercado v. Santos, GR 45629, Sept. 22, 1938, 66 Phil. 215

Conclusive presumption of genuineness of probated will

Mercado v. Santos and Daza, GR 45629, Sept. 22, 1938, 66 Phil. 215

Presentation and probate of a codicil after will is probated

Macam v. Gatmaitan, GR 40445, Aug. 17, 1934, 60 Phil. 358

Intestacy is subordinate to testacy

Rodriguez v. Borja, GR No. L-21993, June 21, 1966, 17 SCRA 418

Doubts to be resolved in favor of testacy

Santos v. Manarang, GR L-8235, Mar. 19, 1914, 27 Phil. 209
Rodriguez v. CA, GR L-28734, Mar. 28, 1969, 27 SCRA 546

Testate proceedings for the settlement of the estate of a deceased person take precedence over
intestate proceedings
Uriarte v. CFI of Negros, GR L-21938-39, May 29, 1970, 33 SCRA 252

WHEN WILL MAY BE DISALLOWED

Lists exclusive; no other grounds that would disallow a will
Pecson v. Coronel, GR L-20374, Oct. 11, 1923, 45 Phil. 216

Issues to be resolved in probate of holographic will

Montanaño v. Suesa, GR L-4724, Dec. 24, 1909, 14 Phil. 676

Only extrinsic validity of wills may be examined by probate court; exceptions

Acain v. IAC, GR 72706, Oct. 27, 1987, 155 SCRA 100
Valera v. Inserto, GR L-56504, May 7, 1987, 149 SCRA 533

Undue pressure and influence as ground to avoid a will

Pascual v. De la Cruz, GR L-24819, May 30, 1969, 28 SCRA 421

Fraud and undue influence are repugnant allegations

Icasiano v. Icasiano, GR L-18979, June 30, 1964, 11 SCRA 422

Substantial compliance rule

Rey v. Cartagena, GR 34288, Nov. 10, 1931, 56 Phil. 282

39
INSTITUTION OF HEIR; DEFINITION
EFFECTS OF NON-INSTITUTION OR PARTIAL INSTITUTION OF AN HEIR, ETC.
Effect of partial disposition of testator’s estate
Montinola-Sanson v. CA, GR 76648, Feb. 26, 1988, 158 SCRA 247

FREEDOM OF DISPOSITION; TESTATE SUCCESSION PREFERRED OVER INTESTACY

Cuenco v. CA, GR L-24742, Oct. 26, 1973, 53 SCRA 360
Hacbang v. Alo, GR L-191031, Oct. 05, 2015

DESIGNATION OF HEIR BY NAME OR OTHER IDENTIFYING CIRCUMSTANCES

EFFECT OF ERROR IN NAME, ETC. AND IDEN TICAL NAMES
DISPOSITION IN FAVOR OF UNKNOWN OR UNIDENTIFIED PERSON NOT VALID
RULE WHERE HEIRS ARE INSTITUTED WITHOUT DESIGNATION OF SHARES
CONSTRUCTION WHEN HEIRS ARE INDIVIDUALLY AND COLLECTIVELY INSTITUTED
INSTITUTION OF BROTHERS AND SISTERS OF THE FULL AND HALF BLOOD
INSTITUTION OF A PERSON AND HIS CHILDREN
EFFECT OF INSTITUTION OF AN HEIR BASED ON A FALSE CAUSE
Annulment of institution of heirs based on false cause; requisites
Austria v. Reyes, GR L-23079, Feb. 27, 1970, 31 SCRA 754

INSTITUTION OF ONE OR SEVERAL HEIRS TO AN ALIQUOT PART OF INHERITANCE

WHEN HEIRS’ TOTAL ALIQUOT PARTS ARE LESS THAN THE WHOLE INHERITANCE
RULE WHEN HEIRS’ TOTAL ALIQUOT PARTS EXCEED THE ENTIRE ESTATE
PRETERITION OR PRETERMISSION OF HEIRS
Preterition defined
Aznar v. Duncan, GR L-24365, June 30, 1966, 17 SCRA 590

Successional rights of illegitimate children

Delgado Vda. de De la Rosa v. Heirs of Marciana Rustia Vda. de Damian, GR 155733, Jan. 27,
2006, 480 SCRA 334

Rule on preterition applies to testator’s adopted child, not to spouse

Neri v. Akutin, GR L-47799, May 21, 1943, 74 Phil. 185

COMPLETION OF LEGITIME
Allotment of smaller share than legitime does not invalidate institution of heir
Reyes v. Barretto-Datu, GR L-17818, Jan. 20, 1967, 19 SCRA 85

PREDECEASE, INCAPACITY AND RENUNCIATION; GROUNDS FOR DISQUALIFICATION OF HEIRS

Elements of a valid repudiation or waiver of inheritance
Borromeo-Herrera v. Borromeo, GR 41171, July 23, 1987

EFFECTS OF PREDECEASE
SUBSTITUTION OF HEIRS
KINDS OF SUBSTITUTION
SIMPLE OR COMMON SUBSTITUTION
BRIEF OR COMPENDIOUS SUBSTITUTION

40
RECIPROCAL SUBSTITUTION; EFFECTS
CHARGES AND CONDITIONS IMPOSABLE UPON THE SUBSTITUTE
FIDEICOMMISSARY SUBSTITUTION
Duty of first heir to preserve the property for second heir required
Crisologo v. Singson, GR L-13876, Feb. 28, 1962, 4 SCRA 491

Conditions of vulgar or simple substitution

PCIB v. Escolin, GR L-27860 and L-27896, Mar. 29, 1974

Meaning of “one degree” from the first heir

Palacios v. Vda. De Ramirez, GR L-27952, Feb. 15, 1982, 111 SCRA 704

LEGITIME NOT TO BE AFFECTED BY FIDEICOMMISSARY SUBSTITUTION

FIDEICOMMISSARY SUBSTITUTION MUST BE EXPRESSLY MADE TO BE VALID
ENTITLEMENT OF FIDUCIARY TO DEDUCTIONS FOR LEGITIMATE EXPENSES
WHEN THE RIGHTS OF THE FIRST AND SECOND HEIRS ARE VESTED
WHEN FIDEICOMMISSARY SUBSTITUTIONS ARE DEEMED VOID
EFFECTS OF NULLITY OF FIDEICOMMISSARY SUBSTITUTION
PROVISION ON USUFRUCT
DISPOSITION DECLARING ESTATE INALIENABLE FOR A CERTAIN PERIOD
Purpose of restriction on alienability of estate under Article 870
Palad v. Governor of Quezon Province, GR L-24302, Aug. 18, 1972, 46 SCRA 354

CONDITIONAL TESTAMENTARY DISPOSITIONS AND TESTAMENTARY DISPOSITIONS WITH A TERM;

FREEDOM OF DISPOSITION
CHARGE, CONDITION OR SUBSTITUTION UPON THE LEGITIME DEEMED VOID
IMPOSSIBLE AND UNLAWFUL CONDITIONS
Condition contrary to law to be considered as unwritten
Miciano v. Brimo, GR L-22595, Nov. 1, 1927, 50 Phil. 867

CONDITION PROHIBITING MARRIAGE

SCRIPTURA CAPTATORIA OR DISPOSICION CAPTATORIA
PURELY POTESTATIVE CONDITION
CASUAL AND MIXED CONDITIONS
DISPOSITION WITH A SUSPENSIVE TERM
NEGATIVE POTESTATIVE CONDITION
0EFFECT OF SUSPENSIVE CONDITION OR TERM OR FAILURE TO GIVE BOND
PLACEMENT OF THE ESTATE UNDER ADMINISTRATION MODE
ANALOGOUS AND CONSTRUCTIVE COMPLIANCE
RULES FOR CONDITIONAL OBLIGATIONS
TERM OR PERIOD IN TESTAMENTARY DISPOSITIONS
LEGITIME; DEFINITION; WHAT CONSTITUTES LEGITIME
Claim for legitime does not amount to claim of title
Vizconde v. CA, GR 118449, Feb. 11, 1998, 286 SCRA 217

Accrual of cause of action to enforce a legitime

Imperial v. CA, GR 112483, Oct. 8, 1999, 316 SCRA 393

41
WHO ARE THE COMPULSORY HEIRS?
Compulsory heir defined
Rocha v. Tuason, GR 14254, Aug. 5, 1919, 39 Phil. 976

LEGITIME OF LEGITIMATE CHILDREN AND DESCENDANTS

LEGITIME OF LEGITIMATE PARENTS OR ASCENDANTS
LEGITIME OF LEGITIMATE PARENTS
RESERVA TRONCAL
PRINCIPLE OF RESERVA TRONCAL
Reserva troncal defined
De Papa v. Camacho, GR L-28032, Sept. 24, 1986, 144 SCRA 281

Lines of transmission in reserva troncal

Gonzales v. CFI of Manila, GR L-34395, May 19, 1981, 104 SCRA 479

Who may become reservees (reservatorios)

Jardin v. Villamayor, GR 47889, Jan. 17, 1941, 72 Phil. 392

Propositus, the person from whom degree should be reckoned

Cabardo v. Villanueva, GR 19003, Dec. 13, 1922, 44 Phil. 186

4th degree relatives cannot be reservees nor can be represented

Florentino v. Florentino, GR 14856, Nov. 15, 1919, 40 Phil. 480

Nearest relatives within 3rd degree exclude the more remote ones
Padura v. Baldovino, GR L-11960, Dec. 27, 1958, 104 Phil. 1065

Resolutory conditions created by reserva troncal

Sienes v. Esparcia, GR L-12957, Mar. 24, 1961, 1 SCRA 750

Reservor’s alienation of reserva subject to resolutory condition

Lunsod v. Ortega, GR 14904, Sept. 19, 1921

Inchoate right of reservee (reservatorio)

Riosa v. Rocha, GR 23770, Feb. 18, 1926, 48 Phil. 737
Velayo Bernardo v. Siojo, GR 36078, Mar. 11, 1933, 58 Phil. 89
Cano v. Director of Lands, GR L-10701, Jan. 16, 1959, 105 Phil. 1

Property subject of reserva acquired by gratuitous title

Chua v. CFI of Negros Occidental, Branch V, GR L-29901, Aug. 31, 1977, 78 SCRA 412

Other cases illustrating reserva troncal

Nieva and Alcala v. Alcala and Deocampo, GR 13386, Oct. 27, 1920, 41 Phil. 915;
Maghirang and Gutierrez v. Balcita, GR 22066, Dec. 2, 1924, 46 Phil. 551;
Centeno v. Centeno, GR 28265, Nov. 5, 1928, 52 Phil. 322;
Director of Lands v. Aguas, GR 42737, Aug. 11, 1936, 63 Phil. 279; and
Aglibot v. Mañalac, GR L-14530, Apr. 25, 1962, 4 SCRA 1030;

42
Right of reservation only up to third degree relatives; exception
Florentino v. Florentino, GR 14856, Nov. 15, 1919, 40 Phil. 480

Duty of the reservista; what he acquires

Sumaya v. IAC, GR 68843–44, Sept. 02, 1991, 201 SCRA 178
Edroso v. Sablan, GR 6878, Sept. 13, 1913, 25 Phil. 295

When reservatorio becomes exclusive owner of reservable property

Dizon and Dizon v. Galang, GR 23144, Jan. 14, 1926, 48 Phil. 601

LEGITIMES OF 1 LEGITIMATE CHILD AND SURVIVING SPOUSE

LEGITIMES OF LEGITIMATE PARENTS AND SURVIVING SPOUSE
LEGITIMES OF ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE
LEGITIMES OF LEGITIMATE AND ILLEGITIMATE CHILDREN
LEGITIMES OF LEGITIMATE PARENTS AND ILLEGITIMATE CHILDREN
LEGITIMES OF LEGITIMATE AND ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE
LEGITIMES OF LEGITIMATE PARENTS, ILLEGITIMATE CHILDREN AND SURVIVING SPOUSE
LEGITIME OF THE SURVIVING SPOUSE
LEGITIME OF ILLEGITIMATE CHILDREN
RIGHTS OF ILLEGITIMATE CHILDREN TO LEGITIME; WHEN TRANSMITTED
LEGITIMES OF ILLEGITIMATE PARENTS AND SURVIVING SPOUSE OF ILLEGITIMATE CHILD
NON-DISPOSABILITY OF LEGITIME; EXCEPTIONS
RENUNCIATION OR COMPROMISE OF FUTURE LEGITIME VOID
REMEDY IN CASE OF INCOMPLETE LEGITIME
INOFFICIOUS OR EXCESSIVE TESTAMENTARY DISPOSITIONS; REMEDIES
DEDUCTION AND COLLATION
DONATIONS TO CHILDREN AND STRANGERS AND INOFFICIOUS DONATIONS
TREATMENT OF DONATIONS GIVEN TO ILLEGITIMATE CHILD
PROCEDURE FOR REDUCTION OF TESTAMENTARY DISPOSITIONS AND DONATIONS
RULES ON REDUCTION OF DEVISES
CONSEQUENCES OF NON-AVAILMENT OF RIGHT UNDER ARTICLE
FREEDOM OF TESTATOR TO DISPOSE OF FREE PORTION
DISINHERITANCE; DEFINITION
DISINHERITANCE CAN ONLY BE EFFECTED THROUGH A WILL
BURDEN OF PROVING CAUSE OF DISINHERITANCE RESTS ON OTHER HEIRS
GROUNDS FOR IMPERFECT OR INEFFECTIVE DISINHERITANCE; EFFECT
SUFFICIENT CAUSES FOR DISINHERITING CHILDREN AND DESCENDANTS
SUFFICIENT CAUSES FOR DISINHERITING PARENTS OR ASCENDANTS
SUFFICIENT CAUSES FOR DISINHERITING A SPOUSE
EFFECT OF ENSUING RECONCILIATION BETWEEN OFFENDER AND OFFENDED
EFFECTS OF DISINHERITANCE ON CHILDREN. DESCENDANTS AND PARENTS
LEGACIES AND DEVISES; DEFINITION
WHAT CAN BE BEQUEATHED OR DEVISED
PERSONS CHARGED WITH LEGACIES AND DEVISES
LIABILITY WHEN ONE OR NONE OF THE HEIRS CHARGED WITH LEGACY OF DEVISE
LIABILITY FOR LOSS OR DESTRUCTION OF THING DEVISED OR BEQUEATHED
LIABILITY FOR EVICTION

43
REMEDIES IF TESTATOR, HEIR OR LEGATEE OWNS ONLY A PART OR INTEREST IN THE THING
BEQUEATHED
LEGACY OR DEVICE VITIATED BY MISTAKE
LEGACY OR DEVICE OF A THING NOT OWNED BY TESTATOR
LEGACY OR DEVISE OF THING BELONGING TO LEGATEE OR DEVISEE
EFFECTS OF GRATUITOUS AND ONEROUS ACQUISITION BY LEGATEE OR DEVISEE OF THING
BEQUEATHED AFTER THE MAKING OF WILL
LEGACY OR DEVISE OF THING PLEDGED OR MORTGAGED
LEGACIES OF CREDIT OF A THIRD PERSON AND REMISSION OF DEBT OF LEGATEE
WHEN LEGACY OF CREDIT OR REMISSION REVOKED
WHAT A GENERIC LEGACY OF RELEASE OR REMISSION OF DEBTS COVERS
APPLICATION OF LEGACY OR DEVISE MADE TO A CREDITOR
DISPOSITION OF NON-EXISTING DEBT AND OVERPAYMENT OF SPECIFIC DEBT
ALTERNATIVE LEGACY OR DEVISE
LEGACY OR DEVISE OF GENERIC PROPERTY
RIGHT OF CHOICE
CHOICE MADE IRREVOCABLE
LEGACY FOR EDUCATION OR SUPPORT
LEGACY OF PENSION
LEGACY OF A THING UNDER USUFRUCT
RIGHT TO PURE AND SIMPLE LEGACIES OR DEVISES; WHEN ACQUIRED
LEGACY OR DEVICE OF SPECIFIC AND DETERMINATE THING
LEGACY OF GENERIC THING AND OWNERSHIP OF ITS FRUITS AND INTERESTS
ORDER OF PREFERENCE IN THE PAYMENT OF LEGACIES OR DEVISES
MANNER OF DELIVERY OF LEGACY OR DEVISE
EXPENSES FOR DELIVERY OF THING BEQUEATHED FOR WHOSE ACCOUNT
REQUEST FOR DELIVERY AND POSSESSION OF THING BEQUEATHED
ACCEPTANCE AND REPUDIATION IN PART OF LEGACY OR DEVISE
ACCEPTANCE OR RENUNCIATION OF ONEROUS AND/OR GRATUITOUS LEGACIES OR DEVISES
EFFECT OF INEFFECTIVE LEGACY OR DEVISE
GROUNDS FOR REVOCATION OF LEGACY OR DEVISE
EFFECT OF MISTAKE AS TO NAME OF THE THING BEQUEATHED OR DEVISED
DISPOSITION IN FAVOR OF TESTATOR’S RELATIVES; RULE OF PROXIMITY APPLIES

CHAPTER III: LEGAL OR INTESTATE SUCCESSION265

LEGAL OR INTESTATE SUCCESSION; DEFINITION
CAUSES OF INTESTACY
ORDER OF INTESTATE OR LEGAL SUCCESSION

Classification of intestate or legal heirs

Rosales v. Rosales, GR L-40789, Feb. 27, 1987, 148 SCRA 69

RULE OF EQUAL DIVISION

RELATIONSHIP; FUNDAMENTAL CONCEPTS AND RULES IN RELATIONSHIP
PROXIMITY OF RELATIONSHIP; HOW DETERMINED
DIRECT AND COLLATERAL LINES
DEGREES; HOW COUNTED
KINDS OF BLOOD RELATIONSHIP

44
INCAPACITY TO SUCCEED; WHEN ACCRETION IN INTESTACY TAKES PLACE
EFFECT OF REPUDIATION OF INHERITANCE BY NEAREST RELATIVES
RIGHT OF REPRESENTATION; DEFINITION
REPRESENTATIVE SUCCEEDS THE DECEDENT NOT THE PERSON REPRESENTED
REPRESENTATION OCCURS ONLY IN THE DIRECT DESCENDING LINE
CAPACITY OF REPRESENTATIVE TO SUCCEED DECEDENT
DIVISION OF ESTATE IN SUCCESSION BY REPRESENTATION
PER CAPITA
PER STIRPES
INHERITANCE OF NEPHEWS AND NIECES
Abellana-Bacayo v. Ferraris-Borromeo, GR L-19382, Aug. 31, 1965, 14 SCRA 986

Nephew or niece of full blood entitled to inherit share double that of nephew or niece of half blood
Bicomong v. Almanza, GR L-37365, Nov. 29, 1977, 80 SCRA 421

REPRESENTATION BY RENOUNCER OR REPUDIATOR

REPRESENTATION OF RENOUNCER OR REPUDIATOR
Representation in adoption
De La Puerta v. CA, GR 77867, Feb. 6, 1990, 181 SCRA 861

ORDER OF INTESTATE SUCCESSION

SUCCESSION PERTAINS TO DESCENDING DIRECT LINE
ADOPTED CHILD SUCCEEDS TO THE PROPERTY OF THE ADOPTING PARENTS
CHILDREN OF DECEASED ALWAYS INHERIT FROM HIM IN THEIR OWN RIGHT
INHERITANCE OF CHILDREN OF DECEASED AND DESCENDANTS OF OTHER CHILDREN WHO ARE
DEAD
GRANDCHILDREN INHERIT BY RIGHT OF REPRESENTATION; EXCEPTION
LEGITIME OF ILLEGITIMATE CHILD; PROPORTION
LEGAL HEIRS OF ADOPTED CHILD
INHERITANCE OF PARENTS AND ASCENDANTS
INHERITANCE OF FATHER AND/OR MOTHER 291
INHERITANCE OF ASCENDANTS NEAREST IN DEGREE
INHERITANCE OF ILLEGITIMATE CHILDREN
INHERITANCE OF ILLEGITIMATE CHILDREN AND DESCENDANTS OF ANOTHER ILLEGITIMATE CHILD
HEREDITARY RIGHTS OF ILLEGITIMATE CHILDREN; WHEN TRANSMITTED
INHERITANCE OF ILLEGITIMATE CHILDREN AND LEGITIMATE ASCENDANTS
RULE OF BARRIER BETWEEN LEGITIMATE AND ILLEGITIMATE FAMILIES
Iron curtain bar rule
Diaz v. IAC, GR L-66574, June 17, 1987, 150 SCRA 645
Cases applying the rule
Corpus v. Corpus, 85 SCRA 567
Cache v. Udan, 13 SCRA 693
Llorente v. Rodriguez, 10 Phil. 585; Allarde v. Abaya, 57 Phil. 909
Anuran v. Aquino and Ortiz, 38 Phil. 29
Leonardo v. CA, 120 SCRA 890

INHERITANCE FROM ILLEGITIMATE DECEDENT

SURVIVING SPOUSE OF ILLEGITIMATE CHILD; ALONE OR WITH RELATIVES

45
INHERITANCE OF SURVIVING SPOUSE
Surviving spouse not an intestate heir of parent-in-law
Rosales v. Rosales, GR L-40789, Feb. 27, 1987, 148 SCRA 69

SURVIVING SPOUSE CONCURRING WITH A LEGITIMATE CHILD ENTITLED TO 1/2 OF THE INTESTATE
ESTATE
Santillon v. Miranda, GR L-19281, June 30, 1965, 14 SCRA 563
Heirs of Ignacio Conti v. CA, GR 118464, Dec. 21, 1998, 300 SCRA 345

RULE WHEN WIDOW OR WIDOWER SURVIVES WITH LEGITIMATE PARENTS OR ASCENDANTS

RULE WHEN SURVIVING SPOUSE CONCURS WITH ILLEGITIMATE CHILDREN
RULE WHEN WIDOW OR WIDOWER SURVIVES WITH LEGITIMATE AND ILLEGITIMATE CHILDREN OR
THEIR DESCENDANTS
RULE WHEN NEAREST SURVIVING RELATIVES OF THE DECEDENT ARE THE PARENTS, SPOUSE AND AN
ADOPTED CHILD
RULE WHEN BROTHERS AND SISTERS OR THEIR CHILDREN CONCUR WITH SURVIVING SPOUSE
Brother’s right to succeed
Carlos v. Sandoval, GR 179922, Dec. 16, 2008, 574 SCRA 116

What precludes succession by collateral relatives

Gonzales v. CA, GR 117740, Oct. 30, 1998, 298 SCRA 322

SURVIVING SPOUSE WHO GAVE CAUSE FOR LEGAL SEPARATION NOT ENTITLED TO SUCCESSIONAL
RIGHTS
COLLATERAL RELATIVES SUCCEED IN DEFAULT OF ASCENDANTS, ILLEGITIMATE CHILDREN OR
SURVIVING SPOUSE
Collateral relatives excluded by children of intestate decedent
Cacho v. Udan, GR L-19996, Apr. 30, 1965, 13 SCRA 693

RULE WHEN BROTHERS AND SISTERS OF THE FULL BLOOD ARE THE ONLY SURVIVORS
RULE WHEN BROTHERS AND SISTERS SURVIVE WITH NEPHEWS AND NIECES
RULE WHEN BROTHER AND SISTERS OF THE FULL BLOOD CONCUR WITH BROTHERS AND SISTERS OF
THE HALF BLOOD
RULE WHEN BROTHERS AND SISTERS OF THE HALF BLOOD, SOME ON THE FATHER’S AND SOME ON
THE MOTHER’S SIDE, ARE THE ONLY SURVIVORS
CHILDREN OF BROTHERS AND SISTERS OF THE HALF BLOOD
Nephew or niece of full blood entitled to inherit share double that of the nephew or niece of half
blood
Padura v. Baldovino, GR L-11960, Dec. 27, 1958, 104 Phil. 1065
Alviar v. Alviar, GR L-22402, June 30, 1969, 28 SCRA 610

OTHER COLLATERAL RELATIVES; WHEN ENTITLED TO SUCCESSION

Abellana-Bacayo v. Ferraris-Borromeo, GR L-19382, Aug. 31, 1965, 14 SCRA 986

COLLATERALS BEYOND 5TH DEGREE EXCLUDED

STATE AS INTESTATE HEIR
ESCHEAT PROCEDURE
Escheat defined

46
 Municipal Council of San Pedro, Laguna v. Colegio de San Jose, GR L-45460, Feb. 25, 1938,
65 Phil. 318
RCBC v. Hi-Tri Development Corp., GR 192413, June 13, 2012, 672 SCRA 514

Escheat proceeding an exercise of state sovereignty

Republic v. CA, GR 143483, Jan. 31, 2002, 375 SCRA 484

Legal basis of state’s right to receive property in escheat; state as last intestate heir
Rosales v. Rosales, GR L-40789, Feb. 27, 1987, 148 SCRA 69

Requisites for the filing of petition for escheat

City of Manila v. Roman Catholic Archbishop of Manila, GR L-10033, Aug. 30, 1917

Reversion or escheat of lands which sold to disqualified aliens

Lee v. Republic, GR 128195, Oct. 3, 2001, 418 Phil. 793

Interested party defined

Locsin, Sr. v. Locsin, Jr., GR 146737, Dec. 10, 2001, 423 Phil. 192

Period within which a claimant must file his claim

Republic of the Philippines v. CA, GR 143483, Jan. 31, 2002

Escheat proceedings cannot be converted into probate proceedings

Negros Occidental Municipalities of Magallon, Isabela and La Castellana v. Bezore. GR L-
14157, Oct. 26, 1960, 109 Phil. 829

ASSIGNMENT OF ESTATE
RIGHT OF PERSON LEGALLY ENTITLED TO ESCHEATED PROPERTY
ORDER OF PREFERENCE AND ORDER OF CONCURRENCE IN INTESTATE SUCCESSION UNDER
ARTICLES 978 TO 1014
Manuel v. Ferrer, GR 117246, Aug. 21, 1995

CHAPTER IV: PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSIONS 313

RIGHT OF ACCRETION; ACCRETION
REQUISITES OF ACCRETION IN TESTAMENTARY SUCCESSION
RIGHT OF ACCRETION APPLIES WHERE IDENTITY OF SHARE NOT DETERMINATE
ACCRETION IN LEGAL OR INTESTATE SUCCESSION
PROPORTIONAL DISTRIBUTION OF SHARE SUBJECT OF ACCRETION
RIGHTS AND OBLIGATIONS ASSUMED BY HEIRS RECEIVING THE ACCRETION
WHEN RIGHT OF ACCRETION OCCURS AMONG COMPULSORY HEIRS
EFFECT IF THERE IS NO ACCRETION
ACCRETION INVOLVING DEVISEES, LEGATEES AND USUFRUCTUARIES
CAPACITY TO SUCCEED BY WILL OR BY INTESTACY; WHO MAY SUCCEED BY WILL OR BY INTESTATE
SUCCESSION
REQUISITES FOR INHERITANCE BY WILL OR BY INTESTACY
CAPACITY TO SUCCEED OF JURIDICAL AND NON-JURIDICAL ENTITIES
PERSONS INCAPACITATED TO SUCCEED BASED ON UNDUE INFLUENCE OR INTEREST
PROHIBITIONS ON DONATIONS APPLICABLE TO TESTAMENTARY PROVISIONS

47
DISPOSITION FOR PRAYERS AND PIOUS WORKS FOR THE TESTATOR’S SOUL
TESTAMENTARY PROVISIONS IN FAVOR OF THE POOR IN GENERAL
PROVISION IN FAVOR OF A DISQUALIFIED PERSON UNDER ANY GUISE VOID
ACTS OF UNWORTHINESS
WHEN CAUSE OF UNWORTHINESS DEEMED INEFFECTIVE
TIME TO DETERMINE CAPACITY OF HEIR
RIGHT OF DISQUALIFIED HEIR TO NECESSARY EXPENSES FOR PRESERVATION
LIABILITY OF INCAPACITATED PERSON POSSESSING HEREDITARY PROPERTY IN BAD FAITH
LAW GOVERNING CAPACITY TO SUCCEED
Doctrine of renvoi; when applicable
Bellis v. Bellis, GR L-23678, June 6, 1967, 20 SCRA 258

Lex rei sitae or Situs rule

Lim v. Collector, GR 11759, Mar. 16, 1917, 36 Phil. 472

PERIOD TO RECOVER INHERITANCE FROM DISQUALIFIED HEIR

ACCEPTANCE AND REPUDIATION OF THE INHERITANCE; A FREE AND VOLUNTARY ACT
What acts do not constitute acceptance
Ignacio v. Martinez, GR L-10722, Feb. 18, 1916, 33 Phil. 576

RETROACTIVE EFFECT OF ACCEPTANCE OR REPUDIATION 338

REQUIREMENTS FOR ACCEPTANCE OR REPUDIATION
PERSONS WHO MAY ACCEPT OR REPUDIATE
Judicial approval required in repudiation by parents and guardians
Guy v. CA, GR 163707, Sept. 15, 2006, 502 SCRA 151

JUDICIAL AUTHORIZATION REQUIRED IN CASE OF REPUDIATION BY LEGAL REPRESENTATIVE OF AN

ENTITY

Property subject to collation; assessment of property donated

Tordilla v. Tordilla, GR 39547, May 3, 1934, 60 Phil. 162

ACCEPTANCE OR REPUDIATION BY PUBLIC OFFICES SUBJECT TO GOVERNMENT APPROVAL

REPUDIATION BY MARRIED WOMAN; EXCEPTIONS
ACCEPTANCE OR REPUDIATION OF INHERITANCE BY DEAF-MUTES
EXPRESS OR TACIT ACCEPTANCE
INSTANCES OF TACIT ACCEPTANCE
FORMS OF REPUDIATION
REPUDIATION PREJUDICIAL TO HEIR’S OWN CREDITORS
EFFECT OF HEIR’S DEATH WITHOUT ACCEPTANCE OR REPUDIATION
ACCEPTANCE AND REPUDIATION BY SOME HEIRS
HEIR BY WILL AND BY LAW REPUDIATING AS TESTAMENTARY HEIR
IRREVOCABILITY AND INDISPUTABILITY OF ACCEPTANCE AND REPUDIATION; EXCEPTIONS
IMPLIED ACCEPTANCE BY INACTION WITHIN REGLEMENTARY PERIOD

48
EXECUTORS AND ADMINISTRATORS; ADMINISTRATION OF ESTATES OF DECEASED PERSONS
GOVERNED BY RULES OF COURT
APPLICABLE PROVISIONS WHERE ESTATE’S ASSETS INSUFFICIENT TO PAY DEBTS
CORPORATION OR ASSOCIATION AS ESTATE EXECUTOR, ADMINISTRATOR, GUARDIAN, OR TRUSTEE
COLLATION; DEFINITION
Limitations on donation; when donation is collatable or reducible
de Tupas v. Br. XLIII, RTC of Negros Occ., GR L-65800, Oct. 03, 1986, 144 SCRA 622

What is brought to collation; rationale for the rule

Vizconde v. CA, GR 118449, 11, 1998, 286 SCRA 217

When may inofficiousness of donation be determined

Imperial v. CA, GR 112483, Oct. 8, 1999, 316 SCRA 393

Prescriptive period for action to reduce inofficious donation

Mateo v. Lagua, GR L-26270, Oct. 30, 1969, 29 SCRA 864

OBLIGATION OF COMPULSORY HEIR TO COLLATE

INSTANCES WHEN COLLATION SHALL NOT TAKE PLACE
PROPERTY LEFT BY WILL CONSTRUED AS DEVISES OR LEGACIES; HOW COLLATED
GRANDCHILDREN WHO SURVIVE WITH UNCLES, AUNTS OR FIRST COUSINS AND INHERIT BY RIGHT
OF REPRESENTATION
DONATIONS TO CHILDREN OF COMPULSORY HEIRS
DONATIONS TO SPOUSE OF CHILD
EXPENSES FOR SUPPORT, ETC. NOT SUBJECT TO COLLATION
EXPENSES FOR CHILD’S CAREER
PAYMENTS FOR CHILD’S DEBTS, ETC.
GIFTS FOR CHILD’S WEDDING
WHAT IS BROUGHT TO COLLATION; PRINCIPLES OF RES PERIT DOMINO AND ACCESSION
DONATIONS MADE BY BOTH PARENTS AND BY ONE PARENT ONLY
EQUALIZATION OF SHARES OF DONEE AND CO-HEIRS
WHAT MAY BE RECEIVED IN CASE COLLATABLE PROPERTY HAS NO EQUIVALENT
FRUITS AND INTEREST OF THE COLLATABLE PROPERTY
REIMBURSEMENT OF EXPENSES IN CASE OF TOTALLY INOFFICIOUS DONATION
DISTRIBUTION OF ESTATE MUST NOT BE DISRUPTED BY ISSUE ON COLLATION
PARTITION AND DISTRIBUTION OF THE ESTATE; CONCEPT OF CO-OWNERSHIP

Co-ownership defined
Alejandrino v. CA, GR 114151, Sept. 17, 1998, 295 SCRA 536
Rizal v. Naredo, GR 151898, Mar. 14, 2012, 668 SCRA 114

PARTITION
Partition by extrajudicial settlement of the estate
Guico v. Bautista, GR L-14921, Dec. 31, 1960, 110 Phil. 584

Rationale for the rule on extrajudicial partition

De Rodriguez v. Tan, GR L-6044, Nov. 24, 1952, 92 Phil. 273

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Judicial action for partition as a remedy of a co-owner
Quintos v. Nicolas, GR 210252, June 16, 2014, 726 SCRA 482

Phases of judicial partition

Sepulveda, Sr. v. Pelaez, GR L-152195, Jan. 31, 2005, 450 SCRA 302

Delineations of the 2 phases of judicial partition

Maglucot-aw v. Maglucot, GR 132518, Mar. 28, 2000, 385 Phil. 720

Action for partition does not prescribe and is not barred by laches
Santos v. Santos, GR 139524, Oct. 12, 2000, 396 Phil. 928

Action for partition an action for declaration of co-ownership

de Daffon v. CA, GR 129017, Aug. 20, 2002, 436 Phil. 233

Family home protected from immediate partition

Arriola v. Arriola, GR 177703, Jan. 28, 2008, 542 SCRA 666

Court to determine first the issue ownership prior to effecting partition

Reyes-De Leon v. Del Rosario, GR 152862, July 26, 2004, 479 Phil. 98, 107
PARTITION BY AN ACT INTER VIVOS
Partition inter vivos; how made and forms required
Chavez v. IAC, GR 68282, Nov. 08, 1990, 191 SCRA 211

Partition inter vivos requires a prior will

Romero v. Villamor, GR L-10850, Dec. 20, 1957, 102 Phil. 641

Partition inter vivos void where will void

Legasto v. Verzosa, GR 2344, Mar. 31, 1930, 54 Phil. 766

Partition of estate in will valid

Dizon-Rivera v. Dizon, GR L-24561, June 30, 1970, 33 SCRA 554

Partition of inherited property need not be in a public document

Alejandrino v. CA, GR 114151, Sept. 17, 1998, 295 SCRA 536

Oral partition valid; non-registration of extrajudicial settlement does not affect its validity
Heirs of Teves v. CA, GR 109963, Oct. 13, 1999, 316 SCRA 632

PARTITION BY THIRD PERSON OR MANDATORY

PARTITION PRESUMED FROM ACTS INTENDED TO DIVIDE ESTATE
Sale deemed to be a partition
Tuason v. Tuason, Jr., GR L-3404, Apr. 2, 1951, 88 Phil. 428

TESTATOR EMPOWERED TO FORBID PARTITION FOR 20 YEARS; EXCEPTIONS

INSTITUTION OF VOLUNTARY HEIRS WITH SUSPENSIVE CONDITION
EQUALITY OF PARTITION AMONG CO-HEIRS
CONSTRUCTIVE PARTITION THROUGH PAYMENT OF CO-HEIRS OR PUBLIC SALE

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MUTUAL ACCOUNTING TO BE RENDERED BY CO-HEIRS
LEGAL REDEMPTION IN FAVOR OF CO-HEIRS
Application of Article 1088
Castro v. Castro, GR L-7464, Oct. 24, 1955, 97 Phil. 705

Rule in Article 1088 the same as in Article 1620

Saturnino v. Paulino, GR L-7385, May 19, 1955, 97 Phil. 50

Purpose of Article 1088

De Jesus v. Manglapus, GR L-527, May 28, 1948, 81 Phil. 114
Hernaez vs. Hernaez, GR 10027, Nov. 13, 1915, 32 Phil. 214

Right of redemption in case of sale

Villanueva v. Florendo, GR L-33158, Oct. 17, 1985, 139 SCRA 329
Caro v. CA, GR L-46001, Mar. 25, 1982, 113 SCRA 10

DELIVERY OF TITLES TO CO-HEIRS

EFFECTS OF PARTITION
Sale by heir of part of his share valid
Habaña v. Imbo, GR L-15598 & L-15726, Mar. 31, 1964, 10 SCRA 471
Co-heir can sell his share of estate even before approval of partition
Cea v. CA, GR L-1776, Oct. 27, 1949; Beltran v. Doriano, 32 Phil. 66

Sale of rights, etc. in property under administration or in custodia legis

Jakosalem v. Rafols, GR 48372, July 24, 1942, 73 Phil. 628

OBLIGATION OF MUTUAL WARRANTY BY CO-HEIRS

RULE AS TO THE PROPORTIONAL LIABILITY OF CO-HEIRS ON WARRANTY
10-YEAR PRESCRIPTIVE PERIOD FOR ENFORCEMENT OF WARRANTIES
CREDIT ASSIGNED TO CO-HEIR IN PARTITION; WARRANTY OF DEBTOR’S SOLVENCY
INSTANCES WHEN THERE IS NO MUTUAL WARRANTY
RESCISSION AND NULLITY OF PARTITION
RESCISSION OF PARTITION DUE TO LESION
PARTITION MADE BY TESTATOR HIMSELF NOT SUBJECT OF RESCISSION
ACTION FOR RESCISSION DUE TO LESION; PRESCRIPTIVE PERIOD
DEFENDANT’S OPTIONS; FORMS OF INDEMNITY
HEIR WHO ALIENATED SHARE CANNOT SUE FOR RESCISSION DUE TO LESION
INCOMPLETENESS OF PARTITION NOT A GROUND FOR RESCISSION
EFFECT OF PRETERITION OF COMPULSORY HEIR IN PARTITION
Preterition a concept of testamentary succession and not of partition
Neri v. Akutin, GR 47799, June 13, 1941, 72 Phil. 322

EFFECT OF INCLUSION OF NON-HEIR IN PARTITION

References:

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1. THE CIVIL CODE OF THE PHILIPPINES AND ALL ITS AMENDATORYLAWS
2. FAMILY CODE OF THE PHILIPPINES (EXECUTIVE ORDER NO. 209, AS AMENDED)
3. SPECIAL LAWS AND REGULATIONS
a. Rep. Act No. 7192 Rep. Act No. 8043 as amended by Rep. Act No. 9523
b. Rep. Act No. 8369 Rep. Act No. 8552 as amended by Rep. Act No. 9523
c. Rep. Act No. 8972 Rep. Act No. 9048
d. Rep. Act No. 9262
e. Rep. Act No. 9710
f. Rep. Act No. 10165
g. Rep. Act No. 10172
h. Women in Development and Nation Building Act
i. Intercountry Adoption Act of 1995
j. Family Courts Act of 1997
k. Domestic Adoption Law
l. Solo Parents' Welfare Act of 2000
m. An Act Authorizing the City or Municipal Civil Registrar or the Consul General to Correct
a Clerical or Typographical Error in an Entry and/or Change of First Name or Nickname in
the Civil Register without need of a Judicial Order, amending for this purpose Articles 376
and 412 of the Civil Code of the Philippines
n. Anti-Violence Against Women and Their Children Act of 2004
o. The Magna Carta of Women Foster Care Act of 2012
p. An Act Further Authorizing the City or Municipal Civil Registrar or the Consul General to
Correct Clerical or Typographical Errors in the Day and Month in the Date of Birth or Sex
of a Person Appearing in the Civil Register without / need of a Judicial Order, amending
for this purpose Republic Act No. 9048
q. Rep. Act No. 10354
r. Rep. Act No. 10821
s. Rep. Act No. 11166
t. Rep. Act No. 11222
u. Com. Act No. 141 as amended Pres. Decree No. 1529 as amended by Rep. Act No. 11057
v. Pres. Decree No. 957 as amended by Pres. Decree No. 1216
w. Act No. 3952 as amended by Rep. Act No. 111
x. Act No. 4122
y. Rep. Act No. 4726 as amended by Rep. Act No. 7899
z. Rep. Act No. 6552
aa. Rep. Act No. 6657 as amended by Rep. Act No. 9700
bb. Rep. Act No. 6732 Rep. Act No. 7279
cc. Rep. Act No. 7394
dd. The Responsible Parenthood and Reproductive Health Act of 2012
ee. Children's Emergency Relief and Protection Act Philippine HIV and AIDS Policy Ac
ff. An Act Allowing the Rectification of Simulated Birth Records and Prescribing
Administrative Adoption Proceedings for the Purpose
gg. The Public Land Act Property Registration Decree as amended by the Personal Property
Security
hh. Act Subdivision and Condominium Buyer's Protection Act
ii. The Bulk Sales Law Installment Sales Law (Recto Law)
jj. The Condominium Act
kk. Realty Installment Buyer Protection Act (Maceda Law)

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 ll. Comprehensive Agrarian Reform Law Administrative Reconstitution of Lost or Destroyed
Original Copies of Certificates of Titles
mm. Urban Development and Housing Act of 1992
nn. Consumer Act of the Philippines
oo. Rep. Act No. 83 71
pp. Rep. Act No. 8792
qq. Rep. Act No. 9646
rr. Rep. Act No. 9904
ss. Rep. Act No. 10023
tt. Rep. Act No. 10173
uu. Rep. Act No. 11201
vv. Rep. Act No. 11231
ww. Rep. Act No. 10752
xx. Rep. Act No. 11313
yy. Rep. Act No. 11291
zz. Central Bank (now Bangko Sentral ng Pilipinas) Circular No. 905, series of 1982
aaa. Bangko Sentral ng Pilipinas Circular No. 799, series of 2013
bbb. The Indigenous Peoples' Rights Act of 1997
ccc. Electronic Commerce Act
ddd. Real Estate Service Act of the Philippines
eee. Magna Carta for Homeowners and Homeowners' Associations Authorizing the
Issuance of Free Patents to Residential Lands
fff. Data Privacy Act of 2012
ggg. Department of Human Settlements and Urban Development Act
hhh. Agricultural Free Patent Reform Act
iii. The Right-of-Way Act
jjj. Safe Spaces Act
kkk. Magna Carta of the Poor
lll. Suspension of Usury Law
mmm. Rate of interest in absence of stipulation

Prepared by:

Atty. Antonio C. Bron

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