PERSONS AND FAMILY RELATIONS

1. Property Regimes

Absolute Community of Conjugal Partnership Separate Property

Unions Without Marriage
Property of Gains Regime
What is included in All the property owned All property The property not Wages and salaries shall be
the common by the spouses at the time acquired during the agreed upon as owned by them in equal
property of the celebration of the marriage, whether separate shall pertain shares and the property
marriage or acquired the acquisition to the absolute acquired by both of them
thereafter (Art. 91, FC) appears to have been community through their work or
made, contracted or (Art. 144, FC) industry shall be governed
registered in the by the rules on co-
name of one or both ownership.
spouses, is (Art. 147, FC)
presumed to be
conjugal unless the
contrary is proved.
(Art. 116, FC)

The husband and

What is not (1) Property acquired
included in the during the marriage by
common property gratuitous title by either
spouse, and the fruits as
well as the income
thereof, if any, unless it is
expressly provided by the
donor, testator or grantor
that they shall form part
of the community
property;
(2) Property for personal
and exclusive use of
either spouse. However,
jewelry shall form part of
the community property;
(3) Property acquired
before the marriage by
either spouse who has
legitimate descendants
by a former marriage,
and the fruits as well as
the income, if any, of such
property. (Art. 92, FC)
wife place in a
common fund the
proceeds, products,
fruits and income
from their separate
properties and those
acquired by either or
both spouses
through their efforts
or by chance (Art.
106, FC)
(1) That which is Each spouse shall In the absence of proof to
brought to the own, dispose of, the contrary, properties
marriage as his or possess, administer acquired while they lived
her own; and enjoy his or her together shall be presumed
own separate estate, to have been obtained by
(2) That which each without need of the their joint efforts, work or
acquires during the consent of the other. industry, and shall be
marriage by To each spouse shall owned by them in equal
gratuitous title; belong all earnings shares.
from his or her (Art. 147, FC)
(3) That which is profession, business
acquired by right of or industry and all
redemption, by fruits, natural,
barter or by industrial or civil, due
exchange with or received during the
property belonging marriage from his or
to only one of the her separate property.
spouses; and (Art. 145, FC)
(4) That which is
purchased with
exclusive money of
the wife or of the
husband. (Art. 109,
FC)
The spouses retain
the ownership,
possession,
administration and
enjoyment of their
exclusive

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 properties.
(Art. 110, FC)
Charges and (1) The support of the (1) The support of Both spouses shall
Obligations spouses, their common the spouse, their bear the family
children, and legitimate common children, expenses in
children of either spouse; and the legitimate proportion to their
however, the support of children of either income, or, in case of
illegitimate children shall spouse; however, the insufficiency or
be governed by the support of default thereof, to the
provisions of this Code on illegitimate children current market value
Support; shall be governed by of their separate
the provisions of this properties.
(2) All debts and Code on Support; (Art. 146, FC)
obligations contracted
during the marriage by (2) All debts and
the designated obligations
administrator-spouse for contracted during
the benefit of the the marriage by the
community, or by both designated
spouses, or by one spouse administrator-
with the consent of the spouse for the
other; benefit of the
conjugal partnership
(3) Debts and obligations of gains, or by both
contracted by either spouses or by one of
spouse without the them with the
consent of the other to consent of the other;
the extent that the family
may have been benefited; (3) Debts and
obligations
(4) All taxes, liens, contracted by either
charges and expenses, spouse without the
including major or minor consent of the other
repairs, upon the to the extent that the
community property; family may have
benefited;
(5) All taxes and expenses
for mere preservation (4) All taxes, liens,
made during marriage charges, and
upon the separate expenses, including
property of either spouse major or minor
used by the family; repairs upon the
conjugal partnership
(6) Expenses to enable property;
either spouse to
commence or complete a (5) All taxes and
professional or expenses for mere
vocational course, or preservation made
other activity for self- during the marriage
improvement; upon the separate
property of either
(7) Ante-nuptial debts of spouse;
either spouse insofar as
they have redounded to (6) Expenses to
the benefit of the family; enable either spouse
to commence or
(8) The value of what is complete a
donated or promised by professional,
both spouses in favor of vocational, or other
their common legitimate activity for self-
children for the exclusive improvement;
purpose of commencing
or completing a (7) Ante-nuptial
professional or debts of either
vocational course or spouse insofar as
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 other activity for self- they have
improvement; redounded to the
benefit of the
(9) Ante-nuptial debts of family;
either spouse other than
those falling under (8) The value of
paragraph (7) of this what is donated or
Article, the support of promised by both
illegitimate children of spouses in favor of
either spouse, and their common
liabilities incurred by legitimate children
either spouse by reason of for the exclusive
a crime or a quasi-delict, purpose of
in case of absence or commencing or
insufficiency of the completing a
exclusive property of the professional or
debtor-spouse, the vocational course or
payment of which shall be other activity for
considered as advances to self-improvement;
be deducted from the and
share of the debtor-
spouse upon liquidation (9) Expenses of
of the community; and litigation between
the spouses unless
(10) Expenses of the suit is found to
litigation between the groundless.
spouses unless the suit is
found to be groundless. If (Art. 121, FC)
the community property
is insufficient to cover the The payment of
foregoing liabilities, personal debts
except those falling under contracted by the
paragraph (9), the spouses husband or the wife
shall be solidarily liable before or during the
for the unpaid balance marriage shall not
with their separate be charged to the
properties. (Art. 94, FC) conjugal properties
partnership except
insofar as they
redounded to the
benefit of the
family.

(Art. 122, FC)

2. Unions Without Marriage

Art 147 Art 148

Applies to People capacitated to marry each other: People incapacitated to marry each other:
live-in partners ● Bigamous marriages
● no legal impediment to marry ● Adulterous relationships
● Relationships in a state of concubinage
● hence, not applicable to concubinage and
● Relationships where both man and woman are
adulterous relationships married to other persons
● exclusive to each other ● Multiple alliances of the same married man
● real continuous cohabitation
● the goal is to encourage future marriage
void marriages
● public policy
● absence of requisites

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Rules
Parties cannot encumber or dispose by acts inter Only properties acquired by the parties through their
vivos their share in the property acquired during actual joint contribution of money, property or
their cohabitation until termination. industry shall be owned in common in proportion to
their respective contributions.
In case of void marriage – if only one party is in
good faith, the share of the spouse who is in bad If one of the parties is validly married to another, his
faith shall be forfeited or her share in the co-ownership shall accrue to the
absolute community or conjugal partnership existing
1. In favor of their common children in such valid marriage.
2. In case of default of or waiver by any or
all of
the common children or their If the party who acted in bad faith is not validly
descendants each vacant share shall married to another, his or her shall be forfeited in the
belong to the respective surviving manner provided in the last paragraph of the preceding
descendants Article:
3. In the absence of such descendants, such
share belongs to the innocent party
1. forfeited in favor of their common children.
2. In case of default of or waiver by any or all of
the common children or their descendants,
each vacant share shall belong to the respective
surviving descendants.
3. In the absence of descendants, such share shall
belong to the innocent party.

The same rule and presumption shall apply to joint

deposits of money and evidences of credit.
Presumption Properties acquired while they lived together
shall be presumed to have been obtained by their Their contributions and share of the parties to the
joint efforts, work or industry, and shall be properties acquired during the cohabitation are equal.
In the absence of owned by them in equal shares. For purposes of
proof to the contrary: this Article, a party who did not participate in the
acquisition by the other party of any property
shall be deemed to have contributed jointly in
the acquisition thereof if the former's efforts
consisted in the care and maintenance of the
family and of the household.

3. Domestic adoption
a. who is required to give consent

The adopting husband and wife shall jointly adopt, except in the following cases:
(i) one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the other
spouse has signified his/her consent thereto; or
(iii) if the spouses are legally separated from each other. (Sec. 7, R.A. 8552)
After being properly counseled and informed of his/her right to give or withhold his/her approval of the
adoption, the written consent of the following to the adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over;

(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government
instrumentality which has legal custody of the child;

(c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if
any;

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 (d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and
the latter's spouse, if any; and

(e) The spouse, if any, of the person adopting or to be adopted. (Sec. 9, R.A. 8522)

b. surname of adoptee
An adopted child shall bear the surname of the adopter. (Article 365. Civil Code) The change of name which
frequently accompanies adoption is more of an incident rather than the object of the proceeding (Republic v. CA
and Wong, G.R. No. 97906, May 21,1992)

4. Inter-country adoption
a. When may adoption be resorted to
No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be
adopted locally (Sec, 11, R.A. 8043)

b. Eligibility of the Adopter

An alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a
Filipino child if he/she:

(a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted, at
the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such
parent:

(b) if married, his/her spouse must jointly file for the adoption;

(c) has the capacity to act and assume all rights and responsibilities of parental authority under his national laws,
and has undergone the appropriate counseling from an accredited counselor in his/her country;

(d) has not been convicted of a crime involving moral turpitude;

(e) is eligible to adopt under his/her national law;

(f) is in a position to provide the proper care and support and to give the necessary moral values and example to
all his children, including the child to be adopted;

(g) agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on
the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions of this Act;

(h) comes from a country with whom the Philippines has diplomatic relations and whose government
maintains a similarly authorized and accredited agency and that adoption is allowed under his/her national
laws; and

(i) possesses all the qualifications and none of the disqualifications provided herein and in other applicable
Philippine laws.

5. May an alien claim exemption from the requirements of residency and certification of the alien’s qualification to adopt?
The requirements on residency and certification of the alien’s qualification to adopt in his country may be waived for the
following:
(1) A former Filipino citizen who seeks to adopt a relative within the 4th degree of consanguinity or affinity;
(2) One who seeks to adopt the legitimate child of his Filipino spouse; or
(3) One who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative within the fourth degree
of consanguinity or affinity of the Filipino spouse. (Sec. 7, RA 855)

6. Who may institute action to declare marriage void

A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or the wife. (Sec.
2, A.M. No. 02-11-10-SC)

7. Criminal action for concubinage

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 Concubinage occurs when any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any
other place. (Art. 334, RPC)

It shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot
institute criminal prosecution without including the guilty parties, if both alive, nor, in any case, if the offended
party has consented to the offense or pardoned the offenders. (Sec. 5, Rule 110)

8. Requisites of marriage
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (Art. 2, FC)

9. Formalities of marriage
(1) Authority of the solemnizing officer;
(2) A valid marriage license
(3) A marriage ceremony which 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
two witnesses of legal age. (Art. 3, FC)

10. Is it material that the party must be a resident of the place where the license was applied?
Issuance of a marriage license in a city or municipality, not the residence of either of the contracting parties, and
issuance of a marriage license despite the absence of publication or prior to the completion of the 10-day period for
publication are considered mere irregularities that do not affect the validity of the marriage (Alcantara vs.
Alcantara, G.R. No. 167746, August 28, 2007)

11. What is the measure of metal incapacity to perform one’s marital duties?
The incapacity must be grave or serious such that the party would be incapable of carrying out the ordinary duties
required in marriage; it must be rooted in the history of the party antedating the marriage, although the overt
manifestations may emerge only after marriage; and it must be incurable or, even if it were otherwise, the cure
would be beyond the means of the party involved." (Matudan v. Republic G.R. No. 203284, November 14, 2016)

12. What are the requisites to institute an action to declare a spouse to be presumptively dead?
(1) The absent spouse has been missing for four consecutive years, or two consecutive years if
the disappearance occurred where there is danger of death under the circumstances laid down in Art. 391 of the Civil
Code;
(2) The present spouse wishes to remarry;
(3) The present spouse has a well-founded belief that the absentee is dead; and
(4) The present spouse files a summary proceeding for the declaration of presumptive death of the absentee. (Art. 41, FC)

13. Who may avail of the provisions under Muslim Personal Laws?
Marriage and divorce wherein both parties are Muslims or wherein only the male party is a Muslim and the marriage is
solemnized in accordance with Muslim law or this Code in any part of the Philippines (Art. 13(1), P.D. 1083)

14. Who may impugn legitimacy of child

The action to impugn the legitimacy of the child shall be brought by the husband or, in a proper case, any of his
heirs. (Art. 170, FC)

The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article
only in the following cases:
(1) If the husband should have died before the expiration of the period fixed for bringing his action;
(2) If he should die after the filing of the complaint without having desisted therefrom; or
(3) If the child was born after the death of the husband. (Art. 171, FC)

15. DNA test in claims of illegitimacy

DNA analysis that excludes the putative father from paternity should be conclusive proof of non-paternity.
(Herrera v. Alba, G.R. No. 148220, June 15, 2005)

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16. Legitimation of an illegitimate child
Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former,
were not disqualified by any impediment to marry each other may be legitimated (Art. 177, FC)

17. Legal personality - when it starts

Natural Person - 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. (Art. 40, Civil
Code). 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. (Art. 41, Civil Code)

Juridical Person -
(1) The State and its political subdivisions - governed by the laws creating or recognizing them. (Art. 45, Civil
Code)
(2) Corporations, institutions and entities for public interest or purpose - their personality begins as soon as
they have been constituted according to law (Art. 44, Civil Code)
(3) Corporations, partnerships and associations for private interest or purpose - are regulated by special laws
(Art. 45, Civil Code)

18. Marriage in articulo mortis - Effects

In case either or both of the contracting parties are at the point of death, the marriage may be solemnized
without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives
(Art. 27, FC)

19. Presumptive legitime - when entitled

Upon partition of the conjugal property following a nullity under Art. 40 or annulment under Art. 45, the value
of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial
court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially
approved, had already provided for such matters (Art. 51, FC).

20. May grandparents be granted temporary custody of a grandchild?

Yes, but a full trial is required. The preference accorded by Article 216 of the Family Code does not automatically attach
to the grandparents, and is conditioned upon the determination of their fitness to take care of their grandchild. (Barrido v.
Nonato, G.R. No. 176492, 20 October 2014)

21. What proof may be adduced to establish filiation under the Family Code?
The filiation of illegitimate children, like legitimate children, is established by (1) the record of birth appearing in the civil
register or a final judgment; or
(2) an admission of legitimate filiation in a public document or a private handwritten instrument and signed by the
parent concerned.
In the absence thereof, filiation shall be proved by (1) the open and continuous possession of the status of a legitimate
child; or (2) any other means allowed by the Rules of Court and special laws.

PROPERTY

1. Agreement not to partition - when valid

An agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid.
This term may be extended by a new agreement. Moreover, a donor or testator may prohibit partition for a
period which shall not exceed twenty years. [Art. 494, NCC]

2. Rights of a co-owner; Sale or mortgage of common property

Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and
he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, except
when personal rights are involved. But the effect of the alienation or the mortgage, with respect to the co-
owners, shall be limited to the portion which may be allotted to him in the division upon the termination of the
co-ownership. [Art. 493, NCC]
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 Rights of Each Co-Owner:
● Before partition, no co-owner can claim title to any definite portion thereof
● He may validly lease his undivided interest to a third party.
○ No right to sell or alienate a concrete, specific, or determinate part of a thing owned in
common

3. Right of legal redemption by co-owner

When an heir sells his hereditary Any or all of the co-heirs may Must be done within one month from
rights to a stranger before partition reimburse the purchaser the price of the time the co-heirs were notified in
the sale in order to redeem the writing of the sale by the vendor (Art
hereditary rights sold 1088)

When a co-owner or all of them sell
his/their share of the property to a
third person
A co-owner may reimburse the
purchaser of the price of the sale in
order to exercise the right of
redemption. If the price is grossly
excessive, the redemptioner shall only
pay a reasonable one.
Must not be exercised except within
30 days from notice in writing by the
prospective vendor, unless
accompanied by an affidavit of the
vendor that he has given notice to all
possible redemptioners.

If two or more co-owners desire to Note: right of redemption of co-

exercise the right to redemption, they owners excludes that of adjoining
may only do so in proportion to their owners. (Art 1623)
share in the thing. (Art 1620)

4. Aluvion v. avulsion; does land registration extend to the accretion

Alluvium: Particles of soil and that is gradually deposited on banks adjoining the river.
Accretion: Process of deposition alluvion
■ Requisites: [GAC – Gradual, Adjacent, Currents]
1. Deposit of soil or sediment is gradual and imperceptible;
2. As a result of the action of the currents of the waters of the river and should have no human
intervention;
3. Land where the accretion takes place is adjacent to the banks of the rivers; and
4. Deemed to Exist: When the deposit of the sediment has reached a level higher than the highest
level of the water during the year, i.e. higher than the river bank.
■ Effect: The riparian owner automatically owns the Alluvion but it does not automatically become
registered property in his name.
Avulsion: A known portion of land is segregated from one estate by the forceful current of a river, creek or
torrent and transferred to another.
■ Requisites: [ACFI – Abrupt, caused by Current or other Forces of nature, Identifiable]
1. Segregation and transfer of land is sudden and abrupt;
2. Caused by the current of the water; and
3. The portion of land transported must be known and identifiable; or
4. Can also apply to sudden transfer by other forces of nature such as land transferred from a
mountain slope because of an earthquake.
■ Effect: The ownership of the detached property is retained by the owner subject to removal within 2
years from the detachment.
In case of uprooted trees, the owner retains ownership if he makes a claim within 6 months.
This refers only to uprooted trees and does not include trees which remain planted on a known portion
of land carried by the force of the waters. [Payatas v. Tuazon, G.R. No. L-30067 (1929)]

5. Aluvial Deposits; who has the rights thereto

Alluvial deposits along the banks of a creek or a river do not form part of the public domain as the alluvial
property automatically belongs to the owner of the estate to which it may have been added. The only
restriction provided for by law is that the owner of the adjoining property must register the same under the
Torrens system; otherwise, the alluvial property may be subject to acquisition through prescription by third
persons. [Heirs of Narvasa v. Imbornal (2014)]

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 6. Hidden treasure - rules; with whom should finder surrender
Hidden treasure: any hidden and unknown deposit of money, jewelry or other precious objects, the lawful
ownership of which does not appear. [Art. 439, CC]

General Rule: Hidden treasure belongs to the owner of the land, building, or other property on which it is found
[Art. 438, CC]

Exceptions: Finder of hidden treasure is entitled to one-half (1/2) if:

a. Finding is by chance;
b. Finder is not co-owner of the property where it is found;
c. Finder is not trespasser;
d. Finder is not an agent of landowner;
e. Finder is not owner of the land, building, or other property

If the things found may be of interest to science or the arts, the State has a right to acquire them at their just price,
which shall be divided in conformity with the rule stated. [Art. 438, CC]

For purposes of hidden treasure, a usufructuary is considered a stranger to property; naked owner gets owner’s
share (Art. 566, CC).

7. Finds a movable which is not a treasure

Rule: Whoever finds a movable, which is not treasure, must return it to its previous possessor. If the latter is
unknown, the finder shall immediately deposit it with the mayor of the city or municipality where the finding
has taken place. [Art. 719, NCC]

Procedure: [Art. 719, NCC]

1. The finding shall be publicly announced by the mayor for two consecutive weeks.
2. If the movable cannot be kept without deterioration, or without expenses which considerably diminish
its value, it shall be sold at public auction eight days after the publication.
3. Six months from the publication having elapsed without the owner having appeared, the thing found,
or its value, shall be awarded to the finder. The finder and the owner shall be obliged, as the case may
be, to reimburse the expenses.

8. Builder, Planter, Sower

Landowner (LO) Builder/Planter/Sower (BPS) Owner of Materials (OM)
ALL in GOOD FAITH

a. Right to acquire improvements a. Right of retention until necessary a. Collect value of material primarily
and pay indemnity to BPS; and useful expenses are paid from BPS and subsidiarily to
subsidiarily liable to OM b. To pay value of materials to OM landowner if BPS is insolvent; and
b. Sell the land to BP except if the b. Limited right of removal (if the
value of the land is considerably removal will not cause any injury)
more; or
c. Rent to S
LO in GF BPS in GF OM in BF
a. Right to acquire improvements a. Right of retention until necessary a. Lose the material without right to
and pay indemnity to BPS; and useful expenses are paid indemnity
b. Sell land to BP except if the value b. Keep improvements without b. Must pay for damages to BPS
of the land is considerably more; indemnity to OM and collect
or damages from him
c. Rent to S
LO in GF BPS in BF OM in BF
a. Right to collect damages from BPS Recover necessary expenses for a. Recover from BPS (as if both are
in any case and the option to preservation of land from LO unless LO in GF)
either sells land b. If BPS acquires improvements,
i. Acquire improvements remove materials if feasible w/o
w/o paying for injury
indemnity; c. No action against LO but may be

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 ii. Demolition or liable to LO for consequential
restoration; or damages
iii. Sell to BP, or to rent to
sower
b. Pay necessary expenses to BPS
ALL in BAD FAITH

Same as when all acted in GF under Art. 453

LO in BF BPS in GF OM in GF
a. Acquire improvement after a. May remove improvements a. Remove materials at any event
paying indemnity and damages to b. Be indemnified for damages in b. Collect value of materials from
BPS unless the latter decides to any event BPS; subsidiarily from LO, if LO is
remove c. Pay OM the value of the materials made to pay for improvements
b. Subsidiarily liable to OM for and damages
value of materials if he acquires
improvements and pays damages
to BPS; no subsidiary liability if
BPS chooses removal in any
event. [Art. 455, NCC]
LO in BF BPS in BF OM in GF
a. Right to acquire improvements a. No right of retention a. Collect value of materials
and pay indemnity to BPS; b. Pay value of materials to OM and primarily from BPS and
subsidiarily liable to OM pay him damages subsidiarily from LO if LO
b. Has option to: acquires the improvements
i. Sell the land to BP except b. Collect damages from BPS
if the value of the land is c. Absolute right to remove
considerably more; or materials in any event (if BPS
ii. Rent to S acquires improvements)
LO in GF BPS in BF OM in GF
LO has right to collect damages from BPS a. Right to necessary expenses a. Collect value of materials
in any case and the option to either: b. Pay value of materials to OM primarily from BPS and
a. Acquire improvements w/o c. Pay damages to OM/LO subsidiarily from LO
paying for indemnity; b. Collect damages from BPS
b. Demolition or restoration; or c. If BPS acquires improvements,
c. Sell to BP or rent to S absolute right of removal in any
event
Pay necessary expenses to BPS
LO in BF BPS in GF OM in BF
Acquire improvements and pay indemnity a. Receive indemnity for damages a. Right to indemnity
and damages to BPS unless the latter b. Absolute right of removal of b. Loses right to the materials
decides to remove materials improvements in any event

9. Accession and sale of real property on installment; rule on improvements made by a seller on a property sold on
installment
The rule that the choice under Article 448 of the Civil Code (appropriate or demand payment/rent) belongs to
the owner of the land is in accord with the principle of accession, i.e., that the accessory follows the principal
and not the other way around. Even as the option lies with the landowner, the grant to him, nevertheless, is
preclusive. The landowner cannot refuse to exercise either option and compel instead the owner of the
building to remove it from the land. [Communities Cagayan v. Sps. Nanoy (2012)]

10. Reconstitution of a lost title; jurisdictional requirements

Sections 12 and 13 of RA No. 26 laid down the specific procedure for the reconstitution of lost or destroyed
Torrens certificates of title. Section 12 provides for the facts that a petition must contain while Section 13
requires notice of the petition to be published twice and to be posted on the main entrance of the provincial and
municipal building. Copy of the notice should also be sent, by registered mail, to every person named therein.
The notice shall state the number of the lost or destroyed certificate of title, name of registered owner, and names
of occupants.

11. Evidentiary value of a title on land; indefeasibility of title

A person, whose certificate of title included by mistake or oversight the land owned by another, does not
become the owner of such land by virtue of the certificate alone. The Torrens System is intended to guarantee
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 the integrity and conclusiveness of the certificate of registration but is not intended to perpetrate fraud against
the real owner of the land. The certificate of title cannot be used to protect a usurper from the true owner. [Sps.
Valenzuela v. Sps. Mano (2010)]

12. Indefeasibility of title; resolving existence of two titles over a parcel of land
The principle that the earlier title prevails over a subsequent one applies when there are two apparently valid
titles over a single property. [Oliveros v. San Miguel Corp. (2012)]

13. Evidentiary value of a TCT — Should a TCT be given more probative value than an unregistered DoS?
Yes, in resolving the issue of possession in an ejectment case, the registered owner of the property is preferred
over the transferee under an unregistered deed of sale. [Endaya v. Villaos (2016)]

14. Restoration of Titles — Erasure, Alteration or Amendment

Under Section 108 of PD 1529, the proceeding for the erasure, alteration, or amendment of a certificate of title
may be resorted to in seven instances: (1) when registered interests of any description, whether vested,
contingent, expectant, or inchoate, have terminated and ceased; (2) when new interests have arisen or been
created which do not appear upon the certificate; (3) when any error, omission or mistake was made in entering a
certificate or any memorandum thereon or on any duplicate certificate; (4) when the name of any person on the
certificate has been changed; (5) when the registered owner has been married, or, registered as married, the
marriage has been terminated and no right or interest of heirs or creditors will thereby be affected; (6) when a
corporation, which owned registered land and has been dissolved, has not conveyed the same within three years
after its dissolution; and (7) when there is reasonable ground for the amendment or alteration of title. [Banguis-
Tambuyat v. Balcom-Tambuyat (2015)]

15. Evidentiary proofs in registration of original land titles

Applicants for registration of title under PD 152950 must prove: (1) that the subject land forms part of the
disposable and alienable lands of the public domain; and (2) that they have been in open, continuous, exclusive
and notorious possession and occupation of the land under a bona fide claim of ownership since 12 June 1945 or
earlier. [Republic v. Sps. Benigno (2015)]

16. Good faith under a real estate mortgage

As a rule, no valid mortgage will arise unless the mortgagor has a valid title or ownership over the mortgaged
property. By way of exception, a mortgagee can invoke that he or she derived title even if the mortgagor's title on
the property is defective, if he or she acted in good faith. [Ruiz v. Dimailig (2016)]

17. Evidence required to register a title of a parcel of land alleged to have been declared available for disposition by the
government
To prove that the land subject of an application for registration is alienable, an applicant must establish the
existence of a positive act of the government such as a presidential proclamation or an executive order, an
administrative action, investigation reports of Bureau of Lands investigators, and a legislative act or statute. The
applicant must also secure a certification from the Government that the lands applied for are alienable and
disposable. The well-entrenched rule is that all lands not appearing to be clearly of private dominion presumably
belong to the State. The onus to overturn, by incontrovertible evidence, the presumption that the land subject of
an application for registration is alienable and disposable rests with the applicant. [Republic v. Dayaoen (2015)]

18. Legal vs. Equitable Title

Legal title denotes registered ownership, while equitable title means beneficial ownership. In the absence of
such legal or equitable title, or interest, there is no cloud to be prevented or removed. [Macalino v. Pis-an (2016)]

19. Easements; requirements to a right of way

To be entitled to an easement of right of way, the following requisites should be met: (1) An immovable is
surrounded by other immovables belonging to other persons, and is without adequate outlet to a public
highway; (2) Payment of proper indemnity by the owner of the surrounded immovable; (3) The isolation of the
immovable is not due to its owner’s acts; and (4) The proposed easement of right of way is established at the
point least prejudicial to the servient estate, and insofar as consistent with this rule, where the distance of the
dominant estate to a public highway may be the shortest. [Naga Centrum v. Sps. Orzals (2016)]

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20. Accion reinvindicatoria vs. Accion publiciana
Accion reivindicatoria is a suit which has for its object the recovery of possession of real property as owner and
that it involves recovery of ownership and possession based on the said ownership. Accion publiciana is a
plenary action to recover the right of possession of land. [Heirs of Amistoso v. Vallecer (2017)]

21. Co-ownership; Effect of the execution of the Extra-Judicial Settlement of the Estate with Absolute Deed of Sale when not
all the co-owners participated
Where in the execution of the Extra-Judicial Settlement of the Estate with Absolute Deed was executed without
the participation of the other co-owners, the settlement was not valid and binding upon them and consequently,
a total nullity. [Neri v. Heirs of Hadji Yusop Uy (2012)]

22. Co-ownership; Prescription in favor of co-owner

The requisites in order that the title may prescribe in favor of a co-owner are: (1) the co-owner has performed
unequivocal acts of repudiation amounting to an ouster of the other co-owners; (2) such positive acts of
repudiation have been made known to the other co-owners; and (3) the evidence thereof is clear and
convincing. [Ining v. Vega (2013)]

23. Co-ownership; Co-owners not indispensable parties

Only one of the co-owners, namely the co-owner who filed the suit for the recovery of the co-owned property, is
an indispensable party thereto. The other co-owners are not indispensable parties. They are not even necessary
parties.

24. Quieting of Title

Quieting of title is a common law remedy for the removal of any cloud upon or doubt or uncertainty with
respect to title to real property.

The indispensable requisites are: (1) the plaintiff or complainant has a legal or an equitable title to or interest in
the real property subject of the action; and (2) the deed, claim, encumbrance, or proceeding claimed to be casting
cloud on his title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity
or legal efficacy. [Art. 476-477, NCC]

25. Donations; Inter vivos vs. Motis causa

Inter Vivos Mortis Causa

Formalities Executed and accepted with formalities Must be in the form of a will, with all the
prescribed by CC (Art. 748 and 749). formalities for the validity of wills. [Art. 728,
CC]

Effectivity Effective during the lifetime of the donor. Effective after the death of the donor. [Art.
It takes effect independently of the donor’s 728, CC]
death. [Art. 729, CC]

Acceptance Acceptance must be made during the
lifetime of the donor. [Art. 746, CC]
Acceptance must be made after the death of
the donor, the donation being effective only
after the death of donor. Acceptance during
the donor’s lifetime is premature and
ineffective because there can be no contract
regarding future inheritance. [Art. 728, CC]

Transfer of ownership Ownership is immediately transferred. Upon acceptance by the donee, but the effect
for right of disposition Delivery of possession is allowed after of such retroacts to the time of death of the
death. donor.

Revocation Irrevocable – may be revoked for the Revocable upon the exclusive will of the
reasons provided in Arts. 760, 764, 765, donor. [Ganuelas v. Cawed, G.R. No. 123968
CC. (2003]

Reduction or When it is excessive or inofficious [Art. When it is excessive or inofficious, it is

suppression 750, CC] or for any of the reasons provided reduced first, or even suppressed.
for in Art. 760, CC. Being preferred, it is

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 reduced only after the donations mortis
causa had been reduced or exhausted.

Effect if donor survives Not affected. Donation is void. [Maglasang v. Heirs of

donee Cabatingan, G.R. 131953 (2002)]

26. Donations; Formalities Required

For Movables [Art. 748, NCC]
● The donation of a movable may be made orally or in writing. Oral donation requires simultaneous
delivery.
● If value of property exceeds P5,000:
○ Donation and acceptance must be in writing; otherwise, it is void.
○ It need not be in public instrument; neither is it necessary that the acceptance be in the same
instrument as the deed of donation. [Tolentino]
● If value is P5,000 or less:
○ If orally: there must be simultaneous delivery
○ If in writing: donation is valid even without simultaneous delivery
○ In every case, acceptance must be made known to the donor for perfection of a donation to
take place. [Art. 746, CC]

For Immovables [Art. 749, NCC]

● If donation and acceptance are in the same instrument:
○ It must in a public instrument.
○ Instrument must specify the property donated and the value of the charges.
● If donation and acceptance are in separate instruments:
○ It must be in a public instrument.
○ Instrument must specify the property and the value of the charges.
○ Acceptance must also be in a public instrument.
○ It must be made during the lifetime of the donor. [Art. 746, CC]
○ Donor must be notified in authentic form of such acceptance made in a separate instrument.
○ Fact of such notification must be noted in both instruments.
● Exceptions:
○ Donations propter nuptias: need no express acceptance.
○ Onerous donations: governed by rules on contracts.
● Notes:
○ Donation of real property in a private instrument is null and void.
○ Registration is not necessary for the donation to be considered valid and effective. This is only
comes into play with respect to affected third persons.
○ There is nothing that prevents the donor or his heirs to execute a public document ratifying a
previous donation that has been avoided for lack of compliance with the legal requisites. This
ratification had the effect of a new donation [Abragan v. Centenera, G.R. No. 22173, (1924)].
○ Action to declare the inexistence of avoid donation does not prescribe [Art. 1410, CC].

NOTE: For Donations Propter Nuptias—

● By reason of the express repeal by the Family Code of Title VI of Book I of the Civil Code, the
formalities requirements for donations propter nuptias follow the general rule stated in Arts. 748-749,
NCC.

SUCCESSION

1. Preterition
● Article 854. The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at
the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the
devises and legacies shall be valid insofar as they are not inofficious.

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 If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the
right of representation.

● When is there no total omission?

○ A devise/legacy has been given to the heir by the testator
○ A donation inter vivos has been previously given to the heir by the testator; or
○ Anything is left from the inheritance which the heir may get by way of intestacy.

2. Can a spouse be preterited?

● NO, because she/he is not a compulsory heir in the direct line. “Even if the surviving spouse is a compulsory heir, there is
no preterition even if she is omitted from the inheritance, for she is not in the direct line.” (Acain v. IAC, 1987)
○ A direct line is that constituted by the series of degrees among ascendants and descendants (Art 964 (par 2))

3. Reserva troncal
● Article 891. The ascendant who inherits from his descendant any property which the latter may have acquired by
gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired
by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which
said property came.

SALES

1. Essential requisites

Q: What are the essential requisites of a contract of sale?

A: a) consent or meeting of the minds; b) determinate subject matter; and c) price certain in money or its equivalent.
(Robern Development Corp. vs. Bernardo, G.R. No. 173622, March 11, 2013)

2. Constructive delivery
Q: Q purchased a parcel of land through a Notarized Deed of Sale. Q agreed that his brother R will have possession of the
land. In exchange, S (son of R) will deliver the produce of the land to Q. S and R refused to deliver the produce of the land or
vacate despite repeated demands. Q filed an action for recovery of possession. S and R contend that Q failed to establish
legal and equitable title over the land, observing that the notarized deed executed in Q’s favor did not transfer the land’s
ownership to him given that he was never placed in possession and control thereof. Is the contention correct?

A: NO. Art. 1498 lays down the general rule that the execution of a public instrument shall be equivalent to the delivery of
the thing which is the object of the contract, if from the deed the contrary does not appear or cannot clearly be inferred.
However, the execution of a public instrument gives rise only to a prima facie presumption of delivery, which is negated
by the failure of the vendee to take actual possession of the land sold. In this case, the prima facie presumption of
constructive delivery to Jose was not successfully negated by proof that the land was not actually placed in the latter’s
control and possession.

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3. Option contract
Q: What is an option contract?

A: It is an agreement in writing to give a person the 'option' to purchase lands within a given time at a named price. It is
neither a sale nor an agreement to sell.

4. Suspensive condition in a contract of sale

Q: Spouses Manzano and Spouses Domingo executed a Contract of Sale which allowed Spouses Domingo to pay in
installments Spouses Manzano’s property. Spouses Domingo failed to pay the property in full. The land remained in
possession of the Spouses Manzano. Spouses Manzano sold the property to a certain Carmelita Aquino. This prompted
Spouses Domingo file a Complaint for Specific Performance and Damages, with prayer that the new titled issued to
Carmelita be cancelled. (Spouses Domingo vs. Spouses Manzano, 2016)

(a) Under the foregoing facts, who will the Spouses Domingo have a better right than Carmelita?
A: Spouses Domingo will not have a better right than Carmelita.

(b) Is there a double sale under the foregoing facts?

There is no double sale. In a contract to sell, the full payment of the purchase price partakes of a suspensive condition, the
non-fulfillment of which prevents that obligation to sell from arising and thus ownership is retained by the seller. Without
that sale, Article 1544 shall not apply as there is no case of double sale. There is here only one sale and that is to Carmelita.

(c) What reliefs may the trail court grant to Spouses Domingo?
A: The court may order Spouses Manzano to reimburse Spouses Domingo of the amount they paid in installments plus
nominal damages and interests.

5. Sale of real property on installment

Q: For failure to pay the monthly amortization of a house and lot which was the subject of a Contract to Sell, the seller
sent the buyer a notarized Notice of Delinquency and Cancellation of Contract to Sell. The seller likewise filed an action for
unlawful detainer against the buyer.

(a) In case the sale should be cancelled, is the seller required to refund all the monthly installments paid by the buyer?
A: NO. The sale should not canceled since the buyer paid at least two (2) years of installment, he is only entitled to receive
the cash surrender value of the payments he made which, under Section 3(b) of the Maceda Law, is equivalent to 50% of the
total payments made. Under the Maceda Law, the actual cancellation of a contract to sell takes place after 30 days from
receipt by the buyer of the notarized notice of cancellation, and upon full payment of the cash surrender value to the buyer.
In this case, the seller complied only with the first condition by sending a notarized notice of cancellation to the buyer. It
failed, however, to refund the cash surrender value to him. Thus, the Contract to Sell remains valid and subsisting and
supposedly, the buyer has the right to continue occupying the subject property.

(b) Is the seller required to pay the buyer the value of the house erected on the subject lot?
A: YES. The buyer is entitled to reimbursement of the improvements made on the property. In view of the special
circumstances obtaining in this case, the Court is constrained to rely on the presumption of good faith on the part of the
buyer. Thus, the buyer is presumed builder in good faith.

CREDIT TRANSACTIONS

1. Nature of credit card transaction

Q: What is the nature of a credit card transaction?
A: It is a simple loan arrangement between the card issuer and car holder. It involves 3 contracts: 1) sales contract between
the card holder and merchant; 2) loan agreement between the card issuer and the card holder; and 3) promise to pay
between the card issuer and merchant. (Bankard v. Alarte, 2017)

2. Loan
Q: Is a stipulated interest of 6-7%/month excessive, iniquitous, unconscionable and exorbitant?
A: NO, it is not iniquitous or unconscionable when there was no urgency of the need for money on the part of the debtor
which compelled her to enter into the loan transaction. It was clearly shown that before the debtor availed of said loans, she
knew fully well that the same carried with it an interest rate of 6-7% monthly, yet she did not complain. (Toledo v. Hyden,
2010)

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3. Hold-out status of a bank account
Q: AR and YT attempted several times to withdraw their deposits, but MBTC refused stating that their bank account were
placed under “Hold Out” status. No explanation was given to them. Is this Hold Out status proper?
A: NO. Bank deposits, which are in the nature of a simple loan or mutuum, must be paid on demand by the depositor. The
Hold Out clause applies only if there is a valid and existing obligation arising from any of the sources of obligation in Art
1157 (law, contracts, quasi-contracts, delict or quasi-delicts). MBTC failed to show that AR and YT have an obligation to it
under Art 1157. (Metropolitan Bank and Trust Company v. Rosales and Yo Tuk To, 2014)

4. Guaranty and suretyship

Q: What is the liability of a surety?
A: A surety’s liability is joint and several, limited to the amount of the bond, and determined strictly by the terms of
contract of suretyship in relation to the principal contract between the obligor and the obligee. However, that although the
contract of suretyship is secondary to the principal contract, the surety’s liability to the obligee is nevertheless direct,
primary, and absolute. (Manila Insurance Company, Inc. v. Spouses Roberto and Aida Amurao, 2013)

5. Chattel mortgage
Q: J obtained a loan from UB which was secured by a Chattel Mortgage over the motorized sewing machines. When AJ
failed to pay, UB filed an action for Sum of Money with Issuance of a Writ of Preliminary Attachment. At the time of
issuance of the writ, the possession of the machines is with NF. The latter argued that it has a better title considering that
the Chattel Mortgage was not notarized. Will the argument of NF prevail?
A: NO. NF’s argument will not prevail. The fact that the Chattel Mortgage executed in favor of UB was not notarized does
not affect UB’s cause of action. UB only needed to show that the loan of AJ remains unpaid and that it is entitled to the
issuance of the writs prayed for. Considering that writs of attachment and replevin were issued by the RTC. NF had to
prove that it has a better right of possession or ownership over the attached properties. (Union Bank of the Philippines v. Alain
Juniat, Winwood Apparel, Inc., Wingyan Apparel, Inc., Nonwoven Fabric Philippines, 2011)

6. Forbearance
Q: What is forbearance?

A: It is a "contractual obligation of lender or creditor to refrain during a given period of time, from requiring the borrower
or debtor to repay a loan or debt then due and payable." Forbearance of money, goods or credits refers to arrangements
other than loan agreements, where a person acquiesces to the temporary use of his money, goods or credits pending
happening of certain events or fulfillment of certain conditions. (Crismina Garments, Inc. v. Court of Appeals)

OBLIGATIONS AND CONTRACTS

1. Payment or performance

Q: A dacion en pago was executed between a bank and its debtor. The debtor claimed that the bank’s acceptance of the
assignment, without any reservation or exception, resulted in the extinguishment of the entire loan obligation. Is the
debtor correct?

A: YES. Like in all contracts, the intention of the parties to the dacion en pago is paramount and controlling. The dation in
payment extinguishes the obligation to the extent of the value of the thing delivered, either as agreed upon by the parties
or as may be proved, unless the parties by agreement, express or implied, or by their silence, consider the thing as
equivalent to the obligation, in which case the obligation is totally extinguished. (Luzon Development Bank v. Enriquez,
2011)

2. Consignation
Q: What are the requirements for a valid consignation?

A: 1) there was a debt due; 2) valid prior tender of payment, unless the consignation was made because of some legal
cause provided in Article 1256; 3) previous notice of the consignation has been given to the persons interested in the
performance of the obligation; 4) the amount or thing due was placed at the disposal of the court; and, 5) after the
consignation had been made, the persons interested were notified thereof (Art 1256). Failure in any of the requirements is
enough ground to render the consignation ineffective (PNB v. Chan, 2017)

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 3. Compensation
Q: What are the requirements for legal compensation to take place and extinguish an obligation?

A: (1) That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the
other; (2) That both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and
also of the same quality if the latter has been stated; (3) That the two debts be due; (4) That they be liquidated and
demandable; (5) That over neither of them there be any retention or controversy, commenced by third persons and
communicated in due time to the debtor. (Art 1279)

4. Offsetting
Q: What is offsetting as a way of extinguishing an obligation?

A: When the defendant, who has an unliquidated claim, sets it up by way of counterclaim, and a judgment is rendered
liquidating such claim, it can be compensated against the plaintiff’s claim from the moment it is liquidated by judgment.
(Montemayor v. Millora, 2011)

5. Stipulation of rescission
Q: May the parties to a contract validly stipulate its rescission?

A: YES. Parties may validly stipulate the unilateral rescission of a contract. It is basic that a contract is the law between the
parties, and the stipulations therein – provided that they are not contrary to law, morals, good customs, public order or
public policy – shall be binding as between the parties. (Goodloop Properties vs. GSIS, 2012)

6. Statute of Frauds
Art 1403(2). Those that do not comply with the Statute of Frauds as set forth in this number. In the following cases an
agreement hereafter made shall be unenforceable by action, unless the same, or some note or memorandum, thereof, be in
writing, and subscribed by the party charged, or by his agent; evidence, therefore, of the agreement cannot be received
without the writing, or a secondary evidence of its contents:
(a) An agreement that by its terms is not to be performed within a year from the making thereof;
(b) A special promise to answer for the debt, default, or miscarriage of another;
(c) An agreement made in consideration of marriage, other than a mutual promise to marry;
(d) An agreement for the sale of goods, chattels or things in action, at a price not less than five hundred pesos,
unless the buyer accept and receive part of such goods and chattels, or the evidences, or some of them, of such things in
action or pay at the time some part of the purchase money; but when a sale is made by auction and entry is made by the
auctioneer in his sales book, at the time of the sale, of the amount and kind of property sold, terms of sale, price, names of
the purchasers and person on whose account the sale is made, it is a sufficient memorandum;
(e) An agreement for the leasing for a longer period than one year, or for the sale of real property or of an
interest therein;
(f) A representation as to the credit of a third person.

7. Badges of fraud
1. Fictitious or inadequate consideration;
2. Transfer of property after a suit is filed;
3. Sale on credit by an insolvent debtor;
4. Proof of large indebtedness;
5. Transfer of all or nearly all of the debtor’s property;
6. Failure of transferee to take possession of property transferred;
7. Gross disparity between the price and value of property; or
8. Transfer between parent and child plus one other badge stated above (Oria v. McMicking, 1912)

8. Does an extension of time constitute an objective novation?

A: NO. An extension of time to pay the loan does not constitute an objective novation of the obligation.

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 TORTS AND DAMAGES

1. Res Ipsa Loquitur

Q: What are the requisites for the application of the Doctrine of Res Ipsa Loquitur?

A: 1) the accident is of a kind which does not ordinarily occur unless someone is negligent; (2) the cause of the injury was
under the exclusive control of the person in charge and (3) the injury suffered must not have been due to any voluntary
action or contribution on the part of the person injured. (Del Carmen, Jr., vs. Bacoy, 2012)

2. Emergency Rule
Q: Explain the Emergency Rule.

A: One who suddenly finds himself in a place of danger, and is required to act without time to consider the best means
that may be adopted to avoid the impending danger, is not guilty of negligence, if he fails to adopt what subsequently
and upon reflection may appear to have been a better method, unless the emergency in which he finds himself is brought
about by his own negligence. (Orix Metro Lising vs. Mangalinao, 2012)

3. Actual damages
Q: May actual damages be awarded if there is no proof of the actual amount lost?

A: NO. Before actual damages can be awarded, there must be competent proof of the actual amount of loss, and credence
can be given only to claims which are duly supported by receipts. Article 2199 provides that "one is entitled to an
adequate compensation only for such pecuniary loss suffered by him as he has duly proved." (Dueñas vs. Africa, 2009)

4. Moral damages
Q: What constitutes bad faith?

A: Bad faith means breach of a known duty through some motive or interest or ill will. By refusing to honor her solemn
obligations under the lease, and instead unduly profiting from these violations, Z is guilty of bad faith. (Castro v.
Palenzuela, 2013)

5. Damages for malicious prosecution

Q: What must the plaintiff prove in order to successfully claim for damages for malicious prosecution?

A: (1) the prosecution did occur, and the defendant was himself the prosecutor or that he instigated its commencement;
(2) the criminal action finally ended with an acquittal; (3) in bringing the action, the prosecutor acted without probable
cause; and (4) the prosecution was impelled by legal malice -- an improper or a sinister motive. The statutory basis for a
civil action for damages for malicious prosecution are found in the provisions of the New Civil Code on Human Relations
and on damages particularly Articles 19, 20, 21, 26, 29, 32, 33, 35, 2217 and 2219 (8). (Marsman and Company v. Ligo, 2015)

6. Temperate or moderate damages

Q: May the court award damages even if the injury was not proven with certainty?

A: YES. Should the claimant fail to prove with exactitude the extent of injury he or she sustained, the court will still allow
redress if it finds that the claimant has suffered due to another’s fault. (Adrian Wilson vs. TMX, 2010)

ACKNOWLEDGEMENTS:

SUBJECT EXPERT Prof. Eduardo Labitag

TRAINING AND CONVENTION Atty. Renee Fopalan

DIVISION Erickson Mariñas
David Pascua
Hannah Plopinio
Francesca Yazon

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