Professional Documents
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/ Civil Law /
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/ ACKNOWLEDGMENTS /
/ Civil Law /
2
CASE DOCTRINES
To justify an award for exemplary damages, the wrongful act must be accompanied
by bad faith, and an
a n award of damages would be allowed only if the guilty party acted
in a wanton,
w anton, fraudulent, reckless
reckless or malevolent manner.
manner. In this case, this Court finds
that respondent x x x acted in a fraudulent manner through the finding of dolo
incidente due to his failure
fail ure to act in a manner consistent with propriet
propriety,
y, good morals,
and prudence.
ARCO PULP AND PAPER CO., INC. vs. QUALITY PAPERS & PLASTIC
PRODUCTS ENTERPRISES
G.R. No. 206806 / June 25, 2014
The period of possession prior to the declaration that land is alienable and disposable
agricultural land is included in the computation of possession for purposes of
acquiring registration rights over a property if the land has already been declared as
such at the time of the application for registration.
/ Civil Law /
3
the proper remedy when the person declared presumptively dead has never been
absent.
basic principles to be observed for the rightful relationship between human beings
and for the stability of the social order; designed to indicate certain norms that spring
from the fountain of good conscience;
conscience; guides for human conduct that should run as
golden threads through society to the end that law may approach its supreme ideal
which is the sway and dominance of justice."
/ Civil Law /
4
A bank that accepts a mortgage based upon a title which appears valid on its face
and after exercising the requisite care, prudence, and diligence appropriate to the
public interest character of its business can be deemed a mortgagee in good faith.
The subsequent consolidation of title in its name after a valid foreclosure shall be
respected notwithstanding later proof showing that the title was based upon a void
transaction.
Well-settled is the rule that "conveyances by virtue of a forged signature ... are void
ab initio [as] [t]he absence of the essential [requisites] of consent and cause or
consideration in these cases rendered the contract inexistent[.]"
Unless all the co-owners have agreed to partition their property, none of them may
sell a definite portion of the land. The co-owner may only sell his or her proportionate
interest in the co-ownership. A contract of sale which purports to sell a specific or
definite portion of unpartitioned land is null and void ab initio.
Factual findings of lower courts are generally deemed conclusive and binding upon
this court. In any event, "even if the procurement of title was tainted with fraud and
misrepresentation, such defective title may be the source of a completely legal and
valid title in the hands of an innocent purchaser for value."
/ Civil Law /
5
The standard of diligence required of banks is higher than the degree of diligence of
a good father of a family.
agreement.”” It also resembles the “four corners” rule, a principle which allows courts
agreement.
in some cases to search beneath the semantic surface for clues to meaning. A court's
purpose in examining
examining a contract is to interpret the intent of the contracting parties,
parties,
as objectively manifested by them. The process of interpreting a contract requires
the court to make a preliminary inquiry as to whether the contract before it is
ambiguous. A contract provision is ambiguous if it is susceptible of two reasonable
alternative interpretations. Where the written terms of the contract are not
ambiguous and can only be read one way, the court will interpret the contract as a
matter of law . If the contract is determined to be ambiguous, then the interpretation
of the contract is left to the court, to resolve the ambiguity in the light of the intrinsic
evidence.”
evidence. ”
It is settled that the surety’s solidary obligation for the performance of the
the principal
debtor’s obligation is indirect and merely secondary. Nevertheless, the surety’s
liability to the “creditor or promisee of the principal is said to be direct, primary and
absolute; in other words, he is directly and equally bound with the p principal.”
rincipal.”
/ Civil Law / 6
Resulting trusts are
trusts are based on the equitable doctrine that valuable consideration and
not legal title determines the equitable title or interest and are presumed always to
have been contemplated by the parties. They arise from the nature or circumstances
of the consideration involved in a transaction whereby one person thereby becomes
invested with legal title but is obligated in equity to hold his legal title for the benefit
of another. On the other hand, constructive trusts are created by the construction of
equity in order to satisfy the demands of justice and prevent unjust enrichment. They
arise contrary to intention against one who, by fraud, duress or abuse of confidence,
confidence,
obtains or holds the legal right to property which he ought not, in equity and good
conscience, to hold.
The legal rate of interest is the presumptive reasonable compensation for borrowed
money. While parties are free to deviate from this, any deviation must be reasonable
and fair. Any deviation that is far-removed is suspect. Thus, in cases where stipulated
stipulat ed
interest is more than twice the prevailing legal rate of interest, it is for the creditor
to prove that this rate is required by prevailing market conditions.
/ Civil Law / 7
This court held that "the agricultural land subject of the application needs only to be
classified as alienable and disposable as of the time of the application, provided the
applicant's possession and occupation of the land dated back to June 12, 1945, or
earlier.''
Survey notations are not considered substantive evidence of the land's classification
as alienable and disposable.
disposable.
SEC. 95. Action
Action for compensation
compensation from funds.
funds. — A person who, without
negligence on his part, sustains loss or damage, or is deprived of land
or any estate or interest therein in consequence of the bringing of the
land under the operation of the Torrens system of arising after original
registration of land, through fraud or in consequence of any error,
omission, mistake or misdescription in any certificate of title or in any
entry or memorandum in the registration book, and who by the
provisions of this Decree is barred or otherwise precluded under the
provision of any law from bringing an action for the recovery of such
land or the estate or interest therein, may bring an action in any court
of competent jurisdiction for the recovery of damages to be paid out of
the Assurance Fund.
/ Civil Law / 8
In resolving this case, we have had to sift through the parties' competing claims as
to who exactly is liable and to what extent. Reduced to its fundamentals, however,
this case remains to be about damage sustained by property owned by National
Power Corporation when the MV Lorcon Luzon rammed into it. This damage is
susceptible to financial reckoning. Unfortunately for National Power Corporation, it
failed to establish the precise amount of its pecuniary loss. This vice of precision
notwithstanding, it would be improper to completely turn a blind eye to the loss
suffered by National Power Corporation
Corporati on and to deny it, as Lorenzo Shipping suggests,
of any form of recompense. Under these circumstances, we sustain the Court of
Appeals' award of temperate damages.
/ Civil Law /
9
The notation "in trust for" or "for escrow" that comes with deposited funds indicates
that the deposit is for the benefit of a third party. In this case, Asset Privatization
Trust deposited funds "in trust for" Pantranco North Express, Inc., (Pantranco) a
corporation under the management of Asset Privatization Trust. These funds belong
to Pantranco. Further, in the absence of evidence that Asset Privatization Trust is
authorized to collect Pantranco's indebtedness to Philippine National Bank, the
subject funds can be garnished to satisfy the claims of Pantranco's creditors.
[W]hen an agreement has been reduced to writing, the parties cannot be permitted
to adduce evidence to prove alleged practices [that], to all purposes, would alter the
terms of the written agreement. Whatever is not found in the writing is understood
to have been waived and abandoned.
abandoned.
The award for moral and exemplary damages also appears to be sufficient. Moral
damages are granted to alleviate the moral suffering suffered by a party due to an
act of another, but it is not intended to enrich the victim at the defendant’s
expense. It is not meant to punish the culpable party and, therefore, must always be
reasonable vis-a-vis the injury caused. Exemplary damages, on the other hand, are
awarded when the injurious act is attended by bad faith.
/ Civil Law / 10
The saddest thing about court decisions is that they cannot prevent moral depravity
when it has already happened. We can only do justice by imposing
imposing the proper penalty
upon the finding of guilt beyond reasonable
reasonable doubt.
In one case, the Court took occasion to require an increase in the minimum award of
damages where the death penalty would have been imposed, were it not for a law
[RA No. 9346] preventing it: P100,000.00 as civil indemnity; P100,000.00 as moral
damages which the victim is assumed to have suffered and thus needs no proof; and
P100,000.00 as exemplary damages to set an example for the public good.
No amount of remorse can change the fact that a seven-year-old girl is dead. There
is no penalty commensurate with the indignity and the suffering that this child
endured in the fading
fadi ng moments of her brief life. Nor is there any pecuniar
pecuniaryy equivalent
to the loss of potential and the lifelong grief of her family.
Parties who have validly executed a contract and have availed themselves of its
benefits may not, to escape their contractual obligations, invoke irregularities in its
execution to seek its invalidation.
/ Civil Law / 11
A case becomes moot and academic when, by virtue of supervening events, the
conflicting issue that may be resolved by the court ceases to exist. There is no longer
any justiciable controversy that may be resolved by the court. This court refuses to
render advisory opinions and resolve issues that would provide no practical use or
value. Thus, courts generally "decline jurisdiction over such case or dismiss it on
ground of mootness."
The plaintiff may first prove the employer's ownership of the vehicle involved in a
mishap by presenting the vehicle's registration in evidence. Thereafter, a disputable
presumption that the requirements for an employer's liability under Article 2180 of
the Civil Code have been satisfied will arise. The burden of evidence then shifts to
the defendant to show
sh ow that no liability under Article 2180 has ensued. This case, thu
thus,
s,
harmonizes the requirements of Article 2180, in relation to Article 2176 of the Civil
Code, and the so-called registered-owner rule.
/ Civil Law / 12
When the judgment of the court awarding a sum of money becomes final and
executory, the rate of legal interest, whether the case falls under paragraph 1 or
paragraph 2, above, shall be 6% per
6% per annum from
annum from such finality until its satisfaction,
satisfaction,
this interim period being deemed to be by then an equivalent to a forbearance of
credit.
/ Civil Law / 13
We resort to the fundamental principle that a contract is the law between parties.
Absent any showing that its provisions are contrary to law, morals, good customs,
public order, or public policy, it should be enforced to the letter. Contracts cannot
be altered for the benefit of one party and to the detriment of another. Neither can
this Court, by construction, "relieve [a] party from the terms to which [it] voluntarily
consented, or impose on [it] those which [it] did
d id not."
The owner of the land (in good faith) has three alternative
a lternative rights:
rights: (1) to appropriate
what has been built without any obligation to pay indemnity therefor, or (2) to
demand that the builder remove what he had built, or (3) to compel the-builder to
pay the value of the land. In any case, the landowner is entitled to damages x x x.
Although the provisions of a contract are legally null and void, the stipulated metho
method
d
of computing liquidated damages may be accepted as evidence of the intent of the
parties. The provisions, therefore, can be basis for finding a factual anchor for
liquidated damages. The liable party may nevertheless present better evidence to
establish a more accurate basis for awarding damages.
Under Commonwealth Act No. 141, a claimant may acquire alienable and disposable
public land upon evidence of exclusive and notorious possession of the land since
June 12, 1945. The period to acquire public land by acquisitive prescription under
Presidential Decree No. 1529 begins to run only after the promulgation of a law or a
/ Civil Law / 14
proclamation by the President stating that the land is no longer intended for public
use or the development of national wealth.
Land registration cases that only resolve the propriety of the results of a resurvey of
Baguio City properties do not bar a subsequent declaration of the nullity of the titles.
Our courts should be more aware of the machinations used by unscrupulous parties
to acquire and title lands in Baguio City. As in this case, parties obtained more land
through a resuryey of property. They filed an action or proceeding to "correct" the
technical descriptions or the supporting survey plans. Trial courts become
participants in this scheme by denying the intervention or opposition of the Solicitor
General and x x x make very loose observations regarding the presumptions of
validity of obviously defective titles already declared null and void by Marcos
Marcos and
and
confirmed as such by Presidential Decree No. 1271. Thereafter, in subsequent cases,
as in these cases, the party who gains through a simple resurvey of its property
erroneously raises res judicata
judicata as a defense; thus the party secures its spurious titles
against any further legal questions.
questions.
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mandate imposed upon the donor by forces that are external to him or her. Article
726 of the Civil Code reflects this commonsensical wisdom when it specifically states
that conveyances made in view of a "demandable debt" cannot be considered true or
valid donations.
A condition shall be deemed fulfilled when the obligor voluntarily prevents its
fulfilment and a debtor loses the right to make use of the period when a condition is
violated, making the obligation immediately demandable.
For a claim of filiation to succeed, it must be made within the period allowed, and
supported by the evidence required under the Family Code.
Banks must show that they exercised the required due diligence before claiming to
be mortgagees in good faith or innocent purchasers for value.
Upon accepting an agency, the agent becomes bound to carry out the agency and
shall be held liable for the damages, which the principal may incur due to the agent's
non-performance.
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Republic Act No. 6657 (Comprehensive Agrarian Reform Law of 1988) or the
Comprehensive Agrarian Reform Law generally covers all public and private
agricultural lands.
The law defines agricultural land as "land devoted to agricultural activity and not
classified as mineral,
minera l, forest, residential, commercial or industrial land." For
agricultural land to be considered devoted to an agricultural activity, there must be
"cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock,
poultry or fish, including the harvesting of such farm products, and other farm
activities and practices performed by a farmer in conjunction with such farming
operations done by persons whether natural or juridical."
Under the Comprehensive Agrarian Reform Law, the landowner may retain a
maximum of five (3) hectares of land, but this land must be compact or contiguous.
If the area selected for retention is tenanted, the tenant-farmer may choose to
remain in the area or be a beneficiary in a comparable area.
The rationale for allowing reconveyance despite the finality of the registration is that
the issuance of a certificate of title does not create or vest ownership to a person
over the property. Registration under the Torrens system "is not a mode of acquiring
ownership." A certificate is only a proof of ownership. Thus, its issuance does not
foreclose the possibility of having a different owner, and it cannot be used against
the true owner as a shield for fraud.
/ Civil Law / 17
Public land remains inalienable unless it is shown to have been reclassified and
alienated to a private person.
A tribunal confronted not only with ambiguous contractual terms but also with the
A contract need not be contained in a single writing. It may be collected from several
different writings which do not conflict with each other and which, when connected,
show the parties, subject matter, terms and consideration, as in contracts entered
into by correspondence.
correspondenc e. A contract may be encompassed in several instrument
instruments s even
though every instrument is not signed by the parties, since it is sufficient if the
unsigned instruments
instruments are clearly identified or referred to and made part of the signed
instrument or instruments. Similarly, a written agreement of which there are two
copies, one signed by each of the parties, is binding on both to the same extent as
though there had been only one copy of the agreement and both had signed it.
When Republic Act No. 6552 or the Maceda Law speaks of paying "at least two years
of installments" in order for the benefits under its Section 3 to become available, it
refers to the buyer's payment of two (2) years' worth of the stipulated fractional,
/ Civil Law / 18
periodic payments due to the seller. When the buyer's payments fall short of the
equivalent of two (2) years' worth of installments, the benefits that the buyer may
avail of are limited to those under Section 4. Should the buyer still fail to make
payments within Section 4's grace period, the seller may cancel the contract. Any
such cancellation is ineffectual, however, unless it is made through a valid notarial
act.
When an applicant in the registration of property proves his or her open, continuous,
exclusive, and notorious possession of a land for the period required by law, he or
she has acquired an imperfect title that may be confirmed by the State. The State
may not, in the absence of controverting evidence and in a pro forma opposition,
indiscriminately take a property without violating due process.
The validity of accessory contracts mainly flows from the validity of the principal
contracts. A real estate mortgage is in the nature of an accessory contract. Thus, the
validity of a mortgage contract that was constituted to secure a loan obligation is
affected by the validity of the loan contract.
The prior service and receipt of a demand letter is unnecessary in a case for unlawful
detainer if the demand to vacate is premised on the expiration of the lease, not on
the non-payment of rentals or non-compliance of the terms and conditions of the
lease.
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The consignee's claim letter that was received by the arrastre operator two (2) days
after complete delivery of the cargo constitutes
constitutes substantial compliance with the time
limitation for filing claims under the Gate Pass and the Management Contract.
However, the arrastre operator's liability for damage to the cargo is limited to
P5,000.00 per package in accordance with the Management Contract.
A judgment approving the subdivision of a parcel of land does not preclude other
parties with a better right from instituting free patent applications over it. Entitlement
to agricultural lands of the public domain requires a clear showing of compliance with
the provisions of Commonwealth Act No. 141, as amended, otherwise known as the
Public Land Act.
Courts should take to heart the principle of equity if the strict application of the
statute of limitations or laches would result in manifest wrong or injustice.
Banks are required to observe a high degree of diligence in their affairs. This
encompasses their dealings concerning properties offered as security for loans. A
bank that wrongly advertises the area of a property acquired through foreclosure
because it failed to dutifully ascertain the property's specifications
specificatio ns is grossly negligent
as to practically be in bad faith in offering that property to prospective buyers. Any
sale made on this account is voidable for causal fraud. In actions to void such sales,
banks cannot hide under the defense that a sale was made on an as-is-where-is
basis. As-is-where-is stipulations can only encompass physical features that are
readily perceptible by an ordinary person possessing no specialized skills.
/ Civil Law / 20
The law has authorized the formation of corporations for the purpose of conducting
surety business, and the corporate surety differs significantly from the individual
private surety. First, unlike the private surety, the corporate surety signs for cash
and not for friendship. The private surety is regarded as someone doing a rather
foolish act for praiseworthy motives; the corporate surety, to the contrary, is in
business to make a profit and charges a premium depending upon the amount of
guaranty and the risk involved. Second, the corporate surety, like an insurance
company, prepares the instrument, which is a type of contract of adhesion whereas
the private surety usually does not prepare the note or bond which he signs. Third,
the obligation of the private surety often is assumed simply on the basis of the
debtor's representations and without legal advice, while the corporate surety does
not bind itself until a full investigation has been made. For these reasons, the courts
distinguish between the individual gratuitous surety and the vocational corporate
surety. In the case of the corporate surety, the rule of strictissimi juris juris is not
applicable, and courts apply the rules
r ules of interpretation of appertaining to contracts of
insurance.
Lack of documentary evidence is not fatal to a claim for the deceased's lost earning
capacity. Testimony from a competent witness familiar with his salary is a sufficient
basis to determine the deceased's income before his death.
Documents acknowledged before a notary public are presumed to have been duly
executed. This presumption may be contradicted by clear and convincing evidence.
A notarized Deed of Absolute Sale where the thumbmark of a party is shown to be a
forgery is void.
/ Civil Law / 21
Names are labels for one's identity. They facilitate social interaction, including the
allocation of rights and determination of liabilities. It is for this reason that the State
has an interest in one's name.
The name through which one is known is generally, however, not chosen by the
individual
individu al who bears it. Rather, it is chosen by one's parents. In this sense, the choice
of one's name is not a product of the exercise of autonomy of the individual to whom
it refers.
In view of the State's interest in names as markers of one's identity, the law requires
that these labels be registered. Understandably, in some cases, the names so
registered or other aspects of one's identity that pertain to one's name are not
reflected with accuracy in the Certificate of Live Birth
Birth filed with the civil registrar.
Changes to one's name, therefore, can be the result of either one of two (2) motives.
The first, as an exercise of one's autonomy,
auton omy, is to change the appellation that one was
given for various reasons. The other is not an exercise to change the label that was
given to a person; it is simply to correct the data as it was recorded in the Civil
Registry.
Lessees are entitled to suspend the payment of rent under Article 1658 of the Civil
Code if their legal possession is disturbed. Acts of physical disturbance that do not
The sole issue in ejectment proceedings is determining which of the parties has the
/ Civil Law / 22
better right to physical possession of a piece of property. The defendant's claims and
allegations in its answer or motion to dismiss do not oust a trial court's jurisdiction
to resolve this issue.
A case for unlawful detainer must state the period from when the occupation by
tolerance started and the acts of tolerance exercised by the party with the right to
possession. If it is argued that the possession was illegal from the start, the proper
remedy is to file an accion publiciana,
publiciana, or a plenary action to recover the right of
possession. Moreover, while an ejectment case merely settles the issue of the right
of actual possession, the issue of ownership may be provisionally passed upon if the
issue of possession cannot be resolved without it. Any final disposition on the issue
of ownership, however, must be resolved in the proper forum.
Findings of fact by the Director of Lands shall be conclusive when approved by the
Department of Environment and Natural Resources Secretary and supported by
substantial evidence.
/ Civil Law / 23
Judicial recognition of a foreign divorce requires that the national law of the foreign
spouse and the divorce decree be pleaded and proved as a fact before the Regional
Trial Court. The Filipino spouse may be granted the capacity to remarry once our
courts find that the foreign divorce was validly obtained by the foreign spouse
according to his or her national law, and that the foreign spouse's national law
considers the dissolution of the marital relationship to be absolute.
The presumption that a holder of a Torrens title is an innocent purchaser for value is
disputable and may be overcome by contrary evidence. Once a prima a prima facie case
facie case
disputing this presumption is established, the adverse party cannot simply rely on
the presumption of good faith and must put forward evidence that the property was
acquired without notice of any defect in its title.
/ Civil Law / 24
When issuing a pre-screened or pre-approved credit card, the credit card provider
must prove that its client read and consented to the terms and conditions
conditions governing
the credit card's use. Failure to prove consent means that the client cannot be bound
by the provisions of the terms and conditions, despite admitted use of the credit card.
/ Civil Law / 25
/ Civil Law / 26