Civil Law Reviewer 2022 (Revised) ...

Civil Law Reviewer 2022
Compiled and formatted by BAMB

Sources: Personal Notes from lectures, New Civil Code and Pre-bar Reviewer 2021 by Prof. Elmer Rabuya
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PERSONS AND FAMILY RELATIONS

i. Legal Personality, capacity to act
CHAPTER 1
General Provisions
Article 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural
person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and
may be lost. (n)
Article 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere
restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the
latter arise from his acts or from property relations, such as easements. (32a)
Article 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the
state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The
consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special
laws. Capacity to act is not limited on account of religious belief or political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by
law. (n)
CHAPTER 2
Natural Persons
Article 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are
favorable to it, provided it be born later with the conditions specified in the following article. (29a)
Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the
mother's womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it
dies within twenty-four hours after its complete delivery from the maternal womb. (30a)
Article 42. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the
deceased is determined by law, by contract and by will. (32a)
Article 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of
them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is
presumed that they died at the same time and there shall be no transmission of rights from one to the other. (33)
CHAPTER 3
Juridical Persons
Article 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins
as soon as they have been constituted according to law;
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3
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(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical
personality, separate and distinct from that of each shareholder, partner or member. (35a)
Article 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or
recognizing them.
Private corporations are regulated by laws of general application on the subject.
Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning
partnerships. (36 and 37a)
Article 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil
or criminal actions, in conformity with the laws and regulations of their organization. (38a)
Article 47. Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned
in No. 2 of article 44, their property and other assets shall be disposed of in pursuance of law or the charter creating
them. If nothing has been specified on this point, the property and other assets shall be applied to similar purposes
for the benefit of the region, province, city or municipality which during the existence of the institution derived the
principal benefits from the same. (39a)
ii. Marital Relationships

Marriage – special contract of permanent union between a man and a woman entered into in accordance with law for
the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution
whose nature, consequences and incidents are governed by law and not subject to stipulation, except that marriage
settlements may fix the property relations during the marriage within the limitations provided by this Code.
Essential Requisites:
1. Legal Capacity of the contracting parties who must be a male and a female; and
(if same-sex, not considered marriage; if below 18 or may legal impediment under Article 37 and 38 or
previous valid marriage, VOID AB INITIO)
Remedy: if no marriage – petition for cancellation of entry in the Civil Registry

if void marriage – petition of declaration of absolute nullity of marriage
2. Consent freely given in the presence of the solemnizing officer. (if absent, VOID; if defective, VOIDABLE)
Formal Requisites:
1. Authority of the solemnizing officer
Who are authorized to solemnize marriages?

a. Incumbent member of the Judiciary
b. Religious Solemnizing Officers (duly authorized by the sect, written authority is registered with the
Civil Registrar, acts within the limits of such authority, at least 1 of contracting parties must belong
to his church or sect)
c. Ship Captain or Airplane Chief Pilot (marriage must be in articulo mortis, between passengers
and/or crew members, while the ship is at sea or the plane during flight, stopovers at ports of call)
Proverbs 16:3
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d. Military Commanders of a Unit (commissioned officer or an officer of the armed forces, assigned
chaplain to his unit must be absent, marriage must be in articulo mortis and within the zone of
military operations, contracting parties need not be members of the armed forces. They can be
civilians.
e. Consul-General, Consul, Vice-Consul (marriage must be celebrated abroad in the country where
the consul holds office, marriage is between Filipino citizens)
f. Mayors (after the effectivity of the Family Code on Aug 3, 1988 and before the effectivity of the
LGC on January 1, 1992 mayors did not have authority to solemnize marriage)
2. A valid marriage license except:
a. Articulo mortis marriages
b. Marriages among muslims
c. Residence of either party is located that there is no means of transportation to appear personally
before the civil registrar
d. Those living as husband and wife for at least 5 years without the benefit of marriage (must not be
suffering from a legal impediment to marry each other)
- 5 years should be continuous
- Counted from the day of the celebration of marriage
- No third party within the 5 year period
3. A marriage ceremony w/c takes place with the appearance of the contracting parties before the solemnizing
officer and their personal declaration that they take each other as husband and wife in the presence of not
less than 2 witnesses
Effect of Absence of requisites: In the absence of either legal capacity, authority of the solemnizing officer, or valid
marriage license, the marriage is VOID. In case of absence of authority of solemnizing officer, the marriage is
PERFECTLY VALID when either or both of them believed in good faith that the solemnizing officer had the legal
authority to do so. The party/ies responsible for the irregularity shall be civilly, criminally and administratively liable.
Marriage Contract – best documentary evidence of marriage but its absence is not a proof that no marriage took
place because other evidence may be presented to prove the fact of marriage.
Example: testimony of a witness to the matrimony, public and open cohabitation as husband and wife after the
alleged wedlock, birth and baptismal certificates of children born during such union, mention of such nuptial in
subsequent documents.
Summary of Rules on Absolute Divorces:

1. PH laws do not provide for absolute divorce, hence courts cannot grant the same.
2. Marital bond between two Filipino citizens cannot be dissolved even by absolute divorce obtained abroad.
3. An absolute divorce obtained abroad by a couple who are both aliens, may be recognized in the Philippines,
provided it is consistent with their respective national laws;
4. In mixed marriages involving a Filipino and a foreigner, the former is allowed to contract a subsequent
marriage in case the absolute divorce is validly obtained abroad by the alien spouse capacitating him or her
to remarry. In order to apply this, the following elements must concur in order for said law to apply:
Proverbs 16:3
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i. There is a valid marriage celebrated between a Filipino citizen and a foreigner

ii. A valid divorce is obtained abroad, regardless of who between the spouses initiated the
divorce proceedings, provided that the party petitioning the recognition of such foreign
divorce decree – presumably the Filipino citizen – must prove the divorce as a fact and
demonstrate its conformity to the foreign law allowing it.
Reckoning point in determining citizenship: citizenship at the time of marriage
Article 26 par. 2: “Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry
under Philippine law.” – can be invoked only by the Filipino spouse
When Filipino spouse regains capacity to remarry – Once it has been proven that the
divorce obtained abroad is valid and that it capacitated the foreign spouse to remarry, the
Filipino spouse also regains his or her capacity to remarry. Thus even if the Filipino
spouse immediately contracted a subsequent marriage after the divorce and prior to
judicial recognition, he or she is not automatically liable for bigamy. (Sarto vs. People)
Void Marriages
Void under Art. 35 Void under Art. 36 Void under Art. 37 Void under Art. 38 Void under Art. 40 Void under Art. 53
(1) Those A marriage Marriages The following The prior Where a voidable
contracted by any contracted by any between the marriages shall be marriage is void marriage under
party below party who, at the following are void from the but the Art. 45 was
eighteen years of time of the incestuous and beginning for subsequent already annulled
age even with the celebration, was void from the reasons of public marriage is or a void marriage
consent of psychologically beginning, policy: contracted prior to under Art. 40 was
parents or incapacitated to whether a judicial already declared
guardians; comply with the relationship (1) Between declaration of the a nullity in a final
essential marital between the collateral blood absolute nullity of judgment but:
(2) Those obligations of parties be relatives whether the prior marriage.
solemnized by marriage, shall legitimate or legitimate or (1) there was no
any person not likewise be void illegitimate: illegitimate, up to The requirement liquidation,
legally authorized even if such the fourth civil of a judicial partition, and
to perform incapacity (1) Between degree; decree of nullity is distribution of the
marriages unless becomes manifest ascendants and applicable only to properties of the
such marriages only after its descendants of (2) Between step- remarriages spouses or
were contracted solemnization. any degree; and parents and step- entered into after delivery of the
with either or both children; the effectivity of presumptive
parties believing Characteristics of (2) Between the Family Code legitimes of the
in good faith that Psychological brothers and (3) Between on August 3, common children;
the solemnizing incapacity sisters, whether of parents-in-law 1988, regardless and
officer had the the full or half and children-in- of the date of the
legal authority to Grave - must be blood. law; first marriage. If (2) there was no
do so; grave or serious the second recording of the
that the party Marriages (4) Between the marriage is judgment of
(3) Those would be between step- adopting parent celebrated prior to annulment or of
solemnized incapable of brothers and step- and the adopted the effectivity of absolute nullity of
without license, carrying out the sisters are no child; the Family Code, the marriage, the
except those ordinary duties longer prohibited no judicial decree partition and
Proverbs 16:3
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covered the required in under the Family (5) Between the was necessary to distribution of the
preceding marriage. Code. surviving spouse establish the properties of the
Chapter; of the adopting invalidity of void spouses and the
Juridical The intervening parent and the marriages under delivery of the
(4) Those Antecedence – effect of the adopted child; Art. 80 of the Civil children’s
bigamous or must be rooted in Family Code does Code. presumptive
polygamous the history of the not affect the (6) Between the legitimes in the
marriages not party antedating VOID NATURE of surviving spouse Hence, a second appropriate civil
failing under the marriage, a marriage of the adopted marriage registry and
Article 41; although the overt between a step- child and the contracted before registries of
previous marriage manifestations brother and a adopter; the effectivity of property.
is either valid or may emerge only step-sister the Family Code
voidable after the marriage. solemnized under (7) Between an w/o judicial
the regime of the adopted child and declaration of the
(5) Those Incurability – must Civil Code. a legitimate child nullity of the
contracted be incurable or of the adopter; previous void
through mistake even if it were marriage is
of one contracting otherwise, the (8) Between PERFECTLY
party as to the cure would be adopted children VALID.
identity of the beyond the of the same
other; and means of the adopter; and
party involved.
(6) Those (9) Between
subsequent Totality of parties where
marriages that are evidence must one, with the
void under Article prove gravity, intention to marry
53. juridical the other, killed
antecedence and that other
incurability. person’s spouse,
or his or her own
spouse. (82)
The law does not

prohibit marriage
between the
adopted and the
illegitimate child of
the adopter.
Article 41 – FC (Exception to Bigamy)

A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before
the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the
spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where
there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an
absence of only two years shall be sufficient.
Art. 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four
years since the loss of the vessel or aeroplane;
Proverbs 16:3
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(2) A person in the armed forces who has taken part in war, and has been missing for four years;
(3) A person who has been in danger of death under other circumstances and his existence has not been known for four years.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must
institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee,
without prejudice to the effect of reappearance of the absent spouse.
Under Art. 41, a judicial declaration of presumptive death is required for purposes of remarriage. It is Art 390 or 391
of the Civil Code is applicable of the presumption of death is for purposes other than remarriage. Under the prevailing
case law, courts are without any authority to take cognizance of a petition that only seeks to have a person declared
presumptively dead under the Civil Code. Such a petition is not authorized by law.
Subsequent marriage under the Civil Code and Family Code
Civil Code Family Code

A judicial declaration of presumptive death is not required in order A marriage contracted by any person during the subsistence of a
for the subsequent marriage to be valid. So long as the prescribed previous marriage shall be null and void because it is a bigamous
period is met, the subsequent marriage is valid notwithstanding the marriage under Article 35(4) UNLESS (1) Article 391 of the Civil
absence of such judicial declaration. Code; (2) the spouse present had a well-founded belief that the
absent spouse was already dead; (3) the spouse present obtained a
How to annul subsequent marriage? By a petition for annulment by judicial declaration of presumptive death of the absentee spouse.
the absentee spouse during his or her lifetime, or by either spouse
of the subsequent marriage during the lifetime of the other Remedy against a void subsequent marriage : file a petition for
declaration of nullity and the aggrieved spouse in Marriage 1 has
the personality to file the same following earlier court rulings that
said aggrieved spouse has the personality to file such petition if the
ground is bigamy even if he/she is not a party to the subsequent
bigamous marriage.
Remedy if subsequent marriage is perfectly valid: Recording of the

affidavit of reappearance or by a judicial declaration of dissolution or
termination of the subsequent marriage.
Marriage 1 Marriage 2 Marriage 1 Marriage 2
Absent spouse is presumed Status: Valid even without a Absent spouse is presumed Status: Perfectly valid if all 3
dead (Art 390/391) judicial declaration of dead (Art 390/391) reqs above are complied prior
presumptive death. contracting a subsequent
marriage. If not, void for being
Subsequent marriage under bigamous under Art 35(4)
Art 83(2) is voidable or valid
until declared null and void by Effects if perfectly valid:
competent court.  Children are legitimate
 Property regime is either
Article 83. Any marriage ACP/CPG
subsequently contracted by  If 2nd Sps contracted the
any person during the lifetime marriage in bad faith:
of the first spouse of such
person with any person other -share in the net profits
than such first spouse shall be are forfeited in favor of
illegal and void from its common children, if
performance, unless: none, children of 2nd
xxx spouse by previous
(2) The first spouse had been marriage or in default of
absent for seven consecutive children, in favor of the
years at the time of the spouse present
second marriage without the -donation propter nuptias
Proverbs 16:3
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spouse present having news (DPN) made to him/her

of the absentee being alive, or is revoked by operation
if the absentee, though he has of law
been absent for less than -his/her designation as
seven years, is generally insurance beneficiary
considered as dead and may be revoked even if
believed to be so by the stipulated as irrevocable
spouse present at the time of -disqualified to inherit
contracting such subsequent from the sps present,
marriage, or if the absentee is whether testate or
presumed dead according to intestate.
articles 390 and 391. The
marriage so contracted shall Effect of bad faith of parties:
be valid in any of the three
cases until declared null and
 Subsequent
void by a competent court.
marriage is void ab
initio and all DPNs
and testamentary
dispositions made
by one in favor of
the other are
revoked by
operation of law.
Voidable Marriages
Concept and characteristics of a voidable marriage:
 It is valid until set aside by final judgment of a competent court in an action for annulment.
 It can generally be ratified by cohabitation.
 It can be assailed only in a direct proceeding for that purpose not collaterally.
 It can be assailed only during the lifetime of the parties.
 The action of nullity prescribes.
 Only parties to a voidable marriage can assail it.
Grounds for annulment:
A. Lack of Parental Consent B. Unsoundness of Mind at C. Fraud

the Time of Marriage
Whose consent is required? Who files for annulment? What constitutes fraud?
Consent is required when a party is at least The sane spouse but only if he or she had i. Non-disclosure of a previous
18 but below 21. no knowledge of the other’s insanity or conviction by final judgment of
the other party of a crime
Below 21 (legit) – consent of the father, By any relative, guardian or any person involving moral turpitude.
mother, surviving parent or guardian or having legal charge of the insane spouse or ii. Concealment by the wife of the
persons having legal charge of them in the fact that at the time of the
order mentioned. marriage, she was pregnant by
By the insane spouse during a lucid interval
a man other than her husband
or after regaining sanity.
iii. Concealment of a STD,
Below 21 (illegit) – only the consent of the
regardless of its nature, existing
Proverbs 16:3
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mother is required What is the prescriptive period? at the time of the marriage
During the lifetime of the spouses iv. Concealment of drug addiction,
Who files for annulment? Only the parent habitual alcoholism or
whose consent is required can file the How ratified? homosexuality or lesbianism
petition. Once the party reaches 21, only Only the insane spouse has the right to existing at the time of marriage.
the party himself can file. ratify upon coming to reason by choosing to
freely cohabit with the sane spouse. Who can file for annulment?
What is the prescriptive period? 5 years Only the injured party may file the petition
from attainment of 21.
What is the prescriptive period: 5 years from
How ratified? Only the party to the marriage the discovery of fraud
can ratify the defect upon reaching the age
of 21 by freely cohabiting with the other. How ratified? Only the injured party has the
right to ratify the defect by freely cohabiting
with the other as husband and wife with full
knowledge of the facts and constituting
fraud
D. Vitiation of Consent E. Impotency F. Serious and incurable STD

Who can file for annulment? Only the Ground for annulment Ground for annulment
injured party One party was physically incapable of Existence of STD at the time of marriage
consummating the marriage with the other w/c was found to be serious and appears to
What is the prescriptive period: w/in 5 years or impotency If such incapacity continues be incurable
from the time the force, intimidation or and appears to be incurable
undue influence disappeared or ceased. Who can file for annulment?
Who can file for annulment? Only the injured or the other spouse who
How ratifed? Only the injured party may file the petition or had no knowledge of the other’s STD at the
by freely cohabiting with the other as H and the other spouse who had no knowledge of time of marriage
W after the force, intimidation, or undue the other’s impotency at the time of
influence has disappeared or ceased. marriage How ratified? CANNOT BE RATIFIED
How ratifed? CANNOT BE RATIFIED What is the prescriptive period: within 5

years after marriage
What is the prescriptive period: within 5
years after the marriage
Effect of Annulment:
a. Right to remarry but only after compliance with Article 52
Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the
spouses and the delivery of the children’s presumptive legitimes shall be recorded in the appropriate civil registry and registries of
property; otherwise, the same shall not affect third persons. (n)
b. If wife is the guilty spouse, resume her maiden name and surname. If wife is the innocent spouse, may
continue to use former husband’s surname unless court decrees otherwise or she or the former husband is
married again to another person.
c. Children conceived OR born before judgment of annulment has become final and executory shall be
considered legitimate.
d. If the property regime is ACP/CPG prior dissolution, it is automatically terminated upon finality of judgment
of annulment and should be subjected to liquidation.
e. DPN remains valid but if the donee acted in bad faith, donor may revoke the same.
Proverbs 16:3
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Legal Separation
Grounds for Legal Separation
Drug Addiction, habitual

Physical Violence Other Forms of Abuse Conviction of Crime alcoholism, lesbianism,
homosexuality
There must be repetitive acts of It must be gross and becomes a There is final judgment and
physical violence against conduct of the respondent. sentence is imposed is
petitioner. However, a SINGLE However, a SINGLE imprisonment of more than 6
ACT of physical violence is EXERTION OF MORAL years even if pardoned.
sufficient if it amounts to an PRESSURE is sufficient if it is
attempt against the life of the for the purpose of compelling
petitioner or for the purpose of the petitioner to change
compelling the petitioner to religious or political affiliation.
change religious or political
affiliation, A SINGLE ACT OF SEXUAL
ABUSE is sufficient if it is in the
form of an attempt of
respondent to corrupt or induce
the petitioner, a common child
or a child of the petitioner, to
engage in prostitution or
connivance in such corruption
or inducement.
Contracting bigamous marriage Sexual infidelity Abandonment

Mere contracting by the respondent of a Sexual infidelity need not be committed in Must be without justifiable cause and for
subsequent bigamous marriage, whether in relation to the opposite sex. So long as the more than one year.
the Philippines or abroad, is a sufficient sexual act is committed with someone other
ground for legal separation. than the spouse (whether of the opposite or
same sex) there is sufficient ground for
Even if resp. is not criminally liable because legal separation.
the subsequent marriage was contracted
w/o marriage license, there is still a ground
for legal separation.
Effect of Decree of Legal Separation:

a. A decree of legal separation does not result in the severance of the marital bond but will only entitle the
spouses to live separately. As a consequence, the husband no longer has the right of consortium.
b. If the property regime is ACP/CPG, the same is automatically terminated and shall be subject to liquidation.
The share of the offending spouse in the “net profits” shall be forfeited in favor of (1) common children, (2) in
default thereof, children of the guilty spouse by previous marriage or (3) innocent spouse.
c. Innocent spouse still has the right to inherit while the offending spouse is disqualified to inherit from the
former. Note that he/she is not disqualified from being made a voluntary heir, legatee, or devisee in the will
of the innocent spouse executed after the issuance of the decree of legal separation.
Proverbs 16:3
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d. Minor children shall be awarded to innocent spouse. Child BELOW 7 shall not be separated from the mother
unless the court finds compelling reasons. A woman suffering from battered woman syndrome shall not be
disqualified from having custody of her children.
e. The obligation of mutual support between spouses ceases unless court orders guilty spouse to give support
to the innocent spouse.
f. DPN remains valid however if the donee is the offending spouse, the innocent spouse may revoke the
donation within 5 years from finality of the decree of legal separation. If the donor is a 3 rd person, the donor
may also revoke the donation purusnat to Article 86(4) of the FC.
g. Designation of the offending spouse as beneficiary in an insurance policy may be revoked even if
designation is irrevocable.
GR: The case shall not be tried (on the merits) within 6 months from the filing of the petition. (cooling off period)
XPN: The ground constitutes “violence” under RA 9262, no cooling off period shall apply. Court should immediately
hear the case.
Duty of the Court: Courts must take steps towards reconciliation of the spouses and may only issue the decree of
legal separation after it has been satisfied that, despite such efforts, reconciliation is highly improbable.
Defenses in Legal Separation:
a. Condonation and consent – In condonation, pardon is granted after the commission of the offense while in
consent, the approval is given prior to the commission of the offense.
b. Connivance and collusion – in connivance, both parties actually participated in the commission of the
ground while in collusion, the parties made it appear as though it was committed for the purpose of
obtaining a decree of legal separation.
c. Mutual guilt or recrimination - both parties have given a ground for legal separation
d. Prescription – 5 years from occurrence of the cause
e. Effect of death – if a party dies before entry of judgment, case shall be terminated. If the party dies after
entry of judgment, the latter shall bind the parties and their successors-in-interest
Effect of Reconciliation
a. If de facto, decree of legal separation is not set aside
b. If there is decree of reconciliation, decree of legal separation is set aside but the separation of the property
and any forfeiture of net profits shall subsist.
c. DPN in favor of the guilty spouse, if not yet revoked, can no longer be revoked by the innocent spouse.
d. If there is already a decree of revocation of DPN that is already final, that judgment is already res judicata.
e. If the innocent spouse has not yet revoked the designation of the guilty spouse as beneficiary in insurance
policy, the former loses the right to revoke the same
f. Previous property regime of spouses is not automatically revived but must (1) execute an agreement of
revival under oath (2) specifying the properties to be contributed anew and those to be retained as separate
properties (3) the names of creditors, their addresses and amount owing to each and (4) agreement must be
submitted in court for approval by way of a verified motion for its approval.
g. Adoption of new property regime is not allowed upon reconciliation.
Rights and Obligations of Spouses
a. Obligation to live together
Proverbs 16:3
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If a spouse leaves the conjugal home without just cause and later on demands for legal support, the other
spouse may either receive and maintain him/her in the family dwelling and he/she refuses, the right to
receive legal support terminates.
XPN: other spouse lives abroad and valid and compelling reason which must be compatible with the
solidarity of the family.
b. Obligation to observe mutual love, respect and fidelity

Criminal sanctions may result for non-observance (adultery, concubinage, bigamy)
c. Obligation to render mutual help and support

This is chargeable to the ACP or to CPG
d. Right to use the surname of the husband by the wife

A married woman has an OPTION to use the surname of the husband.
Example 😊: Catherine Morada
Catherine Gonzaga-Morada
Mrs. Morada
She may also use her maiden name upon marriage. A woman who marries only changes her civil status not
her name.
e. Right to choose the family domicile

This right belongs to both the husband and wife. In case of disagreement, the court shall decide.
f. Right to exercise profession, business or activity

Either spouse may exercise any legitimate profession, occupation, business or activity without the consent
of the other. If the other spouse objects, and the court finds that such objection is proper, the resulting
liability shall be governed by the following rules.
1) Benefit accrued to the family PRIOR to the objection, the resulting obligation is chargeable to the
ACP/CPG
2) Benefit accrued to the family AFTER the objection, such obligation is enforceable against the
separate property of the spouse who has not obtained consent
3) No benefit accrued to the family, obligation shall be enforced against the separate property of the
spouse who has not obtained consent
Property Relations in General
PROPERTY
iii. Property (concept of property, ownership, co-ownership, right of accession, easement, nuisance)
Concepts:
Property – Properties are things which are capable of satisfying human wants and are susceptible of
appropriation.
Proverbs 16:3
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Art. 414 All things which are or may be the object of appropriation are considered either: immovable or real property; or
movable or personal property
Requisites:
a) Utility, or the capacity to satisfy human wants and are susceptible of appropriation
b) Individuality and substance or having a separate and autonomous existence
c) Susceptibility of being appropriated
Property Based On Ownership
Property Of Public Dominion - Those that are for (1) public use;(2) public service; and (3) development of national
wealth.(Art. 420)
CHARACTERISTICS: They cannot be (1) alienated, leased or otherwise be the subject matter of contracts; (2)
acquired by prescription; (3) attached nor levied upon by execution; (4) burdened by any voluntary easement; (5)
registered under the Land Registration Law and be the subject of a Torrens Title.
Patrimonial Property - Property owned by the State in its private capacity, e.g. land donated to the
Government or obtained in escheat proceedings as when there is no other legal heir that would inherit the
decedent’s property
Property of public dominion, when no longer intended for public use or public service, shall form part of
the patrimonial property of the State. (Art. 422)
In Laurel v. Garcia, GR 92013, 7/25/1990: The fact that the Roppongi site has not been used for a long
time for actual embassy service (from 1976-1990) does not automatically convert it to patrimonial
property. Any such conversion happens only if the property is withdrawn from public use by virtue of a
formal declaration on the part of the government (e.g., by law). In Republic v. Tan, GR 199537,
2/10/2016: For prescription to begin to run against the State, it is not enough that the land has been
classified as alienable and disposable by DENR. There must be a declaration from a competent authority
that the land is no longer intended for public use
Private Property - Those belonging to private persons, either individually or collectively, besides the
patrimonial property of the State. (Art. 425)
Ownership – ownership may be exercised over things or rights (Art. 247)

Rights of an owner:
1. Right to enjoy – includes the right over the fruits (jus fruendi), right to possess (jus possidendi), right to use
(jus utendi), right to consume/abuse (jus abutendi)
2. Right to dispose
3. Right to recover
In no case may possession be acquired through force or intimidation as long as there is a possessor who objects
thereto. He who believes that he has an action or a right to deprive another of the holding of a thing must invoke the
aid of the competent court if the holder should refuse to deliver the thing.
ACCION INTERDICTAL
limited to right to physical possession or possession de fact, independent of the claim of ownership. The action is
either forcible entry or unlawful detainer.
Proverbs 16:3
______________________________________________________________________________________________________
Jurisdiction is always with the MTC.

Forcible Entry Unlawful Detainer
Plaintiff must prove that he was in prior physical possession of the Plaintiff need not have been in prior physical possession
premises
Possession is unlawful from the beginning Inceptively lawful but becomes illegal by reason of termination of
his right to the possession of the property under his contract
Previous demand to vacate is not required Demand to vacate is jurisdictional (required) hence, 1 year
prescriptive period is counted from the date of last demand
ACCION PUBLICIANA
Plenary action to recover the right of possession and the issue is which party has the better right of possession. It
also refers to an ejectment suit where the cause of dispossession is not among the grounds for forcible entry and
unlawful detainer or when possession has been lost for more than 1 year and the action can no longer be maintained
under Rule 70 of the Rules of Court. The objective is to recover possession only not ownership.
It is an action involving title to or possession of real property. Jurisdiction is with the MTC if the assessed value
of the property does not exceed 20k or 50k for actions filed in Metro Manila. Otherwise, jurisdiction is with the RTC.
ACCION REIVINDICATORIA
It is a suit which has for its object the recovery of possession over the real property as owner. It involves recovery of
ownership and possession based on the said ownership.
The claimant must prove 2 things: (1) the identity of the land claimed (2) his title thereto.
It is an action involving title to or possession of real property. Jurisdiction is with the MTC if the assessed value
of the property does not exceed 20k or 50k for actions filed in Metro Manila. Otherwise, jurisdiction is with the RTC.
4. Right to exclude others from the property

5. Right to enclose of fence his property subject to the limitations provided by law.
Doctrine of self-help – owner or lawful possessor may use reasonable force to repel or prevent an actual or
threatened unlawful physical invasion or usurpation of his property which can only be exercised at the time of actual
or threatened dispossession and not when possession has already been lost. In the latter case, the owner must
resort to judicial process for the recovery of the property.
Doctrine of state of necessity – the owner cannot prohibit interference by another if the same is necessary to avert an
imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is
much greater.
Requisites:
a. There is a situation of grave peril, an actual or imminent danger, either upon the person of the actor or a
third person or their property
b. Interference is necessary to avert such danger
c. Threatened damage compared to the damage arising to the owner from the interference is much
greater
d. State of necessity is not brought about by the intentional provocation of the party invoking the same.
Proverbs 16:3
______________________________________________________________________________________________________
6. Right to compensation in case of eminent domain

7. Right to surface, the sub-surface and the space above land
The owner of a piece of land has rights not only to its surface but also to everything underneath and the airspace
above it up to a reasonable height.
Limitations:
a. Servitudes or easements
b. Special laws
c. Ordinances
d. Reasonable requirements of aerial navigation
e. Rights of third persons
f. Contracts
8. Right to hidden treasure

A hidden treasure is any deposit of money, jewelry, or other precious objects which must be hidden or unknown and
the lawful ownership of which must not appear.
Finder of treasure:
 Owner of the property where the treasure is found – all belongs to the owner
 Trespasser – to the owner of the property
 Not a trespasser – ½ to the finder and ½ to the owner of the property.
9. Right of accession
Accession
Accession is the right of the owner of a thing to become the owner of everything that is produced thereby or which
may be inseparably attached or incorporated thereto, either naturally or artificially.
Kinds of Accession
Accession Discreta Accession Continua

Right of the owner of a thing to become Right to acquire whatever is attached or incorporated naturally or artificially to our things.
the owner of everything that is
produced thereby or which may be
inseparably attached or incorporated Accession continua – immovable Accession continua –
thereto, either naturally or artificially. movable
Accession industrial: Accession natural: Adjunction Commixtion Specificatio
or or n
To the owner belongs:
 Building (b)  Alluvion conjunction confusion
1. Natural fruits
spontaneous products of the  Planting (p)  Avulsion It is
soil, those that appear w/o  Sowing (s)  Change of by inclusion If the things imparting of
intervention of human labor. course of or mixed are a new form
Art 447 Applies when river or engrafment, solid it is to the
the LO bps on his land formation weaving, commixtion. material of
If the offspring is the product
with materials belonging of islands painting, another.
of animals belonging to
to the OM. writing If the things
different owners, the young
belongs to the owner of the Alluvium, the soil are liquid, it
deposited on the is called
Proverbs 16:3
______________________________________________________________________________________________________
female parent Three situations (Art estate fronting the confusion.

447): river bank. The It takes
2. Industrial fruits process is gradual place when
Produced by lands of any 1. Both LO & and imperceptible. two
kind through cultivation or OM acted in The additional soil movables
labor good faith or deposited becomes belonging
in bad faith: private property and to different
LO must shall belong to the owners are
3. Civil fruits
appropriate owner of the land so
Rents of buildings, price of
materials but contiguous to the inseparable
leases, amount of perpetual
must pay for river, creek, stream, that their
or life annuity or other
its value or lake. It must be separation
similar income
the exclusive work of would
XPNs:
nature. impair their
1. In usufruct, usufructuary 2. LO (gf) & OM
shall be entitled to all the (bf), OM will nature,
natural, industrial and civil loses his Accretion, the making up
fruits of the property in materials process whereby the thereafter a
usufruct without the soil is deposited single
2. In lease of rural land, the right to be along the banks of object but
lessee is entitled to the indemnified + rivers. The process is each
natural and industrial fruits liable to pay sudden and abrupt. preserving
of the thing leased while the damages its own
lessor is entitled to civil fruits The drying up of the nature.
in the form of rent paid by 3. LO(bf) and river is NOT
the lessee. OM (gf), OM accretion. In
3. In antichresis, creditor has the accretion, water level
acquires the right to receive option to did not recede and
the fruits of an immovable of demand the was more or less
his debtor with the obligation value of his maintained.
to apply them to payment of materials + Avulsion is an
interest, if owing and damages or accretion w/c takes
thereafter to the principal demand the when the current of a
credit. return of his river, creek, or
accessory torrent segregates a
A possessor in good faith is entitled to thing in any known portion of land
the fruits received by him before his event from an estate on its
possession is legally interrupted. banks and transfers
it to another estate.
Art 448 applies when the
Fruits naturally falling upon adjacent BPS bps on the land of
land belong to the owner of the said another with his OWN Change in the course
land and not to the owner of the tree. MATERIALS and both of rivers: As a rule,
BPS and LO acted in rivers and their
good faith natural beds are
Where the recipient of the fruits was
property of the public
not the same person who incurred the
dominion of the
expenses in connection with its BPS(gf) he believes he
State.
production, gathering and preservation, is the owner of the land
the former has the obligation to pay the or that some title, he has
expenses made by the latter in the the right to build thereon XPN: River beds w/c
production, gathering and preservation or at least has a claim of are abandoned
of the fruits whether the latter acted in title thereto. through the natural
good faith or bad faith. This rule applies change in the course
only when the fruits are already of the waters ipso
Limited definition
harvested and gathered since Art 443 facto belong to the
example: House
refers to the person “who receives the owners whose lands
construction on the
fruits”. are occupied by the
adjacent lot because the
new course in
geodetic engineer
proportion to the
erroneously pointed to
area lost.
said lot as the one
purchase by the
Proverbs 16:3
______________________________________________________________________________________________________
builders. If a river simply dries

up and did not
Expanded definition: change its course or
Example: Builders knew w/o opening anew
that they were not the bed, the dried up
owners of the land but river bed continues
they constructed to belong to the
improvements on the State w/n the drying
land of another with up was by reason of
consent of the owner. nature or a result of
the active
intervention of man.
Options of LO:
a. Appropriate
as his own Islands formed on
the works, the seas within the
sowing or PH jurisdiction shall
planting after belong to the PH as
payment to patrimonial property
the bps the (capable of
necessary alienation)
and useful
expenses,
expenses for
pure luxury
ore mere
pleasure
incurred by
the latter
OR
b. Oblige the BP
to pay the
price of the
land if the
value of the
land is not
considerably
more than
that of the
bldg. or trees
and the one
who sowed,
the proper
rent
Art 449-452 applies

when the BPS bps on
the land of another with
his OWN MATERIALS
and he acted in bad faith
while the LO in good
faith
3 options of LO (449-
452):
1. To appropriate
what has been bps
in bad faith
Proverbs 16:3
______________________________________________________________________________________________________
- No need to
pay indemnity
- Entitled to
receive
damages
- Entitled to
receive
pending fruits
2. To demand
demolition of
whatever has been
bps in bad faith
3. To compel BP to
pay the price of the
land even if
considerably more
than the value of
the bldg. or trees.
The only right of BPS(bf)

is reimbursement of
necessary expenses of
preservation of the land.
Art 453 applies when the

BPS bps on the land of
another with his OWN
MATERIALS and both
acted in bad faith.
Effect: The bad faith of

each other is cancelled
out. Hence, the rights of
one and the other shall
be the same as though
both had acted in good
faith. As a consequence,
rule 448 applies
Art 454 applies when

another w/ his OWN
MATERIALS and he
acted in good faith with
the LO in bad faith
The bps was known to

the LO but he/she did
not oppose thereto.
Effect: Art 447 applies

hence the BPS has 2
options:
i. Demand the
value of his
materials and
reasonable
compensation
for his labor +
Proverbs 16:3
______________________________________________________________________________________________________
damages
ii. Demand
return of his
materials in
any event +
damages
Art 455 applies when

another using
MATERIALS
BELONGING TO
ANOTHER PERSON
(OM)
2 Scenarios:
i. OM (bf) – he
loses his
materials in
favor of LO
w/o any right
whatsoever
and he is
liable for
damages
BPS (gf) –
may claim
from LO a
reasonable
compensation
for his labor
otw he is not
entitled such
compensation
ii. OM (gf) – he
must be paid
of the value
of the
materials
BPS is
primarily
liable to make
such payment
and LO is
subsidiarily
liable only if:
BPS is
insolvent and
LO chooses
to appropriate
the bps.
If BPS pays
the materials,
the rights and
Proverbs 16:3
______________________________________________________________________________________________________
obligations of
the BPS and
LO to each
other shall be
determined
by applying
Art 448-454.
If LO pays the
materials,
BPS must be
paid for his
labor
depending on
his gf/bf.
Co-ownership
There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. In default
of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title. (Article 484)
As a consequence, a co-owner of an undivided parcel of land is an owner of the whole and over the whole, he
exercises the right of dominion but he is at the same time the owner of the portion which is truly abstract. The
underlying rationale is that until a division is actually made, the respective share of each cannot be determined and
ever co-owner exercises together with his co-participants, joint ownership of the pro-indiviso property, in addition to
his use and enjoyment of it.
A co-owner is entitled to possess and enjoy the entire property. Hence, he cannot be ejected therefrom.
SOURCES: law, contract, succession and occupation.
Rights Of Co-Owners
1. To receive a share in the benefits of the co-owned property, in proportion to their respective interests.(Art.
485)
2. To use the co-owned property, subject to certain limitations, viz.: (a) must be in accordance with the
purpose for which the property is intended; and (b) in such a way as not to injure the interest of the co-
ownership or prevent the other co-owners from using it according to their rights. (Art. 486)
3. To bring an action for ejectment, on behalf of all (Art. 487)
4. To alienate, assign or mortgage his undivided or pro indiviso share (not a specific, concrete or determinate
part of the thing owned in common.
Right Of Legal Redemption: A co-owner has the right to redeem the shares of his co-owners that were sold to a third
person and be subrogated in the place of such person. (Art. 1619)
Requisites:
a) sale to a 3rd person by co-owner,
b) notice in writing of the sale given to the other co-owners and
Proverbs 16:3
______________________________________________________________________________________________________
c) exercise of redemption within 30 days from notice in writing.
5. To demand the partition of the thing owned in common, except when:

a. the co-owners have agreed to continue in the co-ownership for a period not exceeding 10
years, extendible by a new agreement for the same period;
b. the co-ownership, not exceeding 20 years, is imposed as a condition in a donation or will;
c. the co-owned property cannot be legally divided (e.g. party wall); and
d. the partition will render the thing unserviceable for the use it is intended (Art. 494)
Obligations Of Co-Owners:
1. Share in the expenses for: (1) necessary repairs; (2) improvements; and (3) embellishment (Art.
489)
2. Not alter the thing owned in common without the consent of all the other co-owners (Art. 491)
3. Get the consent of majority of the co-owners for the administration of the common property (Art.
492)
Limitations in co-ownership:
-it must be used for the purpose intended
-it must be used in such a way as not to injure the interest of the other co-owners
-its use does not prevent the co-owners from making use thereof according to their own right
By the nature of co-ownership, a co-owner cannot point to specific portion of the property owned in common as his
own because his share therein remains intangible.
The share of the co-owner in the thing owned in common is determined by their agreement and in default thereof,
such share shall be presumed to be equal. As to the share in benefits and charges, the same should be in proportion
to his interest in co-ownership. Any stipulation to the contrary is void.
A co-owner has absolute ownership over his undivided and pro-indiviso share in the co-owned property. As such, he
has the right to alienate, assign or mortgage it and even to substitute another person in its enjoyment except when
personal rights are involved. As a mere part-owner, a co-owner cannot alienate the shares of the other co-owners.
No one can give what he does not have. Likewise, a co-owner has no right to sell or alienate a concrete, specific or
determinate part of the thing owned in common, because his right over the thing is represented by a quota or ideal
portion without any physical adjudication.
A sale of the entire property by one co-owner without the consent of the other co-owners is not null and void for it is
well-established that the binding force of a contract must be recognized as far as it is legally possible to do so. What
the vendee obtains by virtue of such sale are the same rights as the vendor had as co-owner and acquires a
proportionate abstract share in the property held in common.
Extinguishment of co-ownership:
a. Merger
b. Prescription
c. Destruction of thing or loss of right
d. Partition
Proverbs 16:3
______________________________________________________________________________________________________
Easement
An encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner.
(Art. 613)
DOMINANT ESTATE – the immovable in favor of which the easement is established
SERVIENT ESTATE – the immovable subject to easement
CHARACTERISTICS: (1) a real right, (2) can be established only on immovables by nature. (3) can be imposed only
on the property of another, (4) can exist only between neighboring tenements, (5) produces a limitation on the
ownership of servient estate, (6) inseparable from the servient estate [Art. 617], and (7) indivisible [Art. 618].
KINDS:
(1) Real or Personal
(2) Continuous or Discontinuous
(3) Apparent or Non-apparent
(4) Positive or Negative – (+) obligation is imposed upon the owner of servient estate on obligation to allow
something to be done; (-) prohibits the owner from doing something on his property w/c he could lawfully do
if the easement did not exist.
(5) Legal or Voluntary LEGAL
Legal easements are established by law, while voluntary easements are established by will of the
owners. Legal easements have for their purpose either public use or the interest of private persons, while
voluntary easements have for their purpose the interest of the parties to the agreement establishing the
easement.
EASEMENTS BASED ON MANNER OF EXERCISE EASEMENTS BASED ON INDICATION OF

EXISTENCE
CONTINUOUS – those the use of which is or may be APPARENT – those which are made known and are
incessant without the intervention of any act of man continually kept in view by external signs that reveal the
use and enjoyment thereof
DISCONTINUOUS – those which are used at intervals NON-APPARENT – those which show no external
and depend upon the acts of man indication of their existence
MODES OF ACQUISITION:
1. TITLE (Art. 622)
• Applicable to all kinds of easements, whether continuous or discontinuous, apparent or non-apparent
• NOTE: If there exists an apparent sign of the easement between two estates, established or maintained by the
owner of both, such shall be considered, should either of the estates be alienated, as a title in order that the
easement may continue actively and passively, unless at the time the ownership of the two estates is divided, the
contrary should be provided in the title of conveyance of either of them, or the sign of aforesaid should be removed
before the execution of the deed. This provision shall also apply in case of the division of a thing owned in common
by two or more persons.95 (Art. 624)
Proverbs 16:3
______________________________________________________________________________________________________
2. PRESCRIPTION (Art. 620)

• Applicable only to continuous and apparent easements, e.g. easement of aqueduct (Art. 645) or easement of light
and view (Art. 670)
▪ The easement of right of way cannot be acquired by prescription because it is a discontinuous easement.99 It can
only be acquired by title. In one case, the Supreme Court ruled that the easement of right of way would be binding on
the buyer of the land, even if the title issued in his favor over the land does not mention any easement because he
knew of the easement upon purchase and his actual knowledge of the existence thereof is as binding as
registration.100
• Prescriptive period: 10 years
NOTE:
1. For positive easements, the time of possession shall be computed from the day on which the owner of the
dominant estate commenced to exercise it upon the servient estate. (Art. 621) e.g. opening of a window through a
party wall (Art. 668)
2. For negative easements, the time of possession shall be computed from the day on which the owner of the
dominant estate forbade, by an instrument acknowledged before a notary public, the owner of the servient from
executing an act which would be lawful without the easement. (Art. 621) e.g. notarial prohibition given to adjacent
owner to preserve the easement of light and view with respect to a house window (Art. 668)
RIGHTS AND OBLIGATIONS
OWNERS OF DOMINANT ESTATE: OWNERS OF SERVIENT ESTATE

1. entitled to all the rights necessary for the use 1. may use the portion of his estate subject to
of the easement [Art. 625]; easement in any manner as owner thereof, so
2. may make any works necessary for the use long as it does not affect the exercise of the
and preservation of the servitude [Art. 627]; easement [Art. 630]; and
3. cannot use the easement except for the 2. cannot impair, in any manner whatsoever, the
benefit of the immovable originally use of the servitude101 [Art. 629]
contemplated [Art. 626];
4. cannot exercise the easement in any other
manner than that previously established [Art.
626]
EXTINGUISHMENT OF EASEMENT:
1. Merger,
2. Non-user for 10 years,
3. Either or both estates fell into such a condition that the estate cannot be used,
4. Expiration of term or fulfillment of the condition,
5. Renunciation by the owner of dominant estate,
6. Redemption agreed upon between owners of dominant and servient estates (Art. 631)
Nuisance
Proverbs 16:3
______________________________________________________________________________________________________
Any act, omission, establishment, condition of property, or anything else, which: (

1) injures or endangers the health or safety of others;
(2) annoys or offends the senses,
(3) shocks, defies or disregards decency or morality;
(4) obstructs or interferes with the free passage of any public highway or streets, or any body of water; or
(5) hinders or impairs the use of property. (Art. 694)
Public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of
the annoyance, danger or damage upon individuals may be unequal (Art.695), while private nuisance violates only
private rights and produces damage to but one or a few persons.
Nuisance per se is a nuisance by and in itself under any condition or circumstance, affecting the immediate safety of
persons and property and may be summarily abated under the law of necessity, while nuisance per accidens is one
that depends upon certain conditions and circumstances and cannot be abated without due hearing for the
presentation of evidence that it is a nuisance.
Remedies:
1. Public nuisance: (1) Prosecution, (2) Civil Action, or (3) Abatement without judicial proceedings [Art. 699]
2. Private nuisance: (1) Civil Action, (2) Abatement without judicial proceedings [Art. 705]
Extrajudicial Or Summary Abatement:
Whether public or private nuisance, only nuisance per se can be summarily abated.
Any private person may abate a private nuisance or even a public nuisance that is especially injurious to him, so long
as the following requisites are complied with: (1) demand is first made upon the owner or possessor of the property,
(2) such demand has been rejected, (3) abatement is approved by the district health officer, (4) such abatement is
executed with the assistance of the local police, and (4) the value of the destruction does not exceed P3,000 (Arts.
704, 706).
iv. Obligations
v. Contracts
vi. Torts, Quasi-delicts
vii. Damages
Damages may be: (MENTAL)
(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.
[UNFINISHED]
Proverbs 16:3

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PERSONS AND FAMILY RELATIONS

Private corporations are regulated by laws of general application on the subject.

ii. Marital Relationships

Remedy: if no marriage – petition for cancellation of entry in the Civil Registry

Who are authorized to solemnize marriages?

Summary of Rules on Absolute Divorces:

i. There is a valid marriage celebrated between a Filipino citizen and a foreigner

Reckoning point in determining citizenship: citizenship at the time of marriage

The law does not

Article 41 – FC (Exception to Bigamy)

Civil Code Family Code

Remedy if subsequent marriage is perfectly valid: Recording of the

spouse present having news (DPN) made to him/her

A. Lack of Parental Consent B. Unsoundness of Mind at C. Fraud

D. Vitiation of Consent E. Impotency F. Serious and incurable STD

How ratifed? CANNOT BE RATIFIED What is the prescriptive period: within 5

Drug Addiction, habitual

Contracting bigamous marriage Sexual infidelity Abandonment

Effect of Decree of Legal Separation:

b. Obligation to observe mutual love, respect and fidelity

c. Obligation to render mutual help and support

d. Right to use the surname of the husband by the wife

e. Right to choose the family domicile

f. Right to exercise profession, business or activity

Ownership – ownership may be exercised over things or rights (Art. 247)

Jurisdiction is always with the MTC.

4. Right to exclude others from the property

6. Right to compensation in case of eminent domain

8. Right to hidden treasure

Accession Discreta Accession Continua

female parent Three situations (Art estate fronting the confusion.

builders. If a river simply dries

Art 449-452 applies

The only right of BPS(bf)

Art 453 applies when the

Effect: The bad faith of

Art 454 applies when

The bps was known to

Effect: Art 447 applies

Art 455 applies when

c) exercise of redemption within 30 days from notice in writing.

5. To demand the partition of the thing owned in common, except when:

EASEMENTS BASED ON MANNER OF EXERCISE EASEMENTS BASED ON INDICATION OF

2. PRESCRIPTION (Art. 620)

OWNERS OF DOMINANT ESTATE: OWNERS OF SERVIENT ESTATE

Any act, omission, establishment, condition of property, or anything else, which: (

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