CIVIL LAW EXAM NOTES

1. Planter in bad faith is entitled for reimbursement from Land Owner for his effort in
producing, gathering and preservation of such. LO, after payment of necessary indemnity
have a rightful claim to what has been planted

2. Time of taking or filing whichever comes first, as a true value of the loss of the owner of
the land

3. LO in BF: may acquire the house provided he will pay or reimburse the necessary expense
made by the Builder plus damages

4. LO who choose to appropriate the building to himself must pay the builder

5. Builder in GF: can get the building eventho substantial injury or destruction is incurred +
damages

6. Fixed period for termination of lease: The lessee will automatically loss the right of
possession of the building or land, upon arrival of the date. 1 year reglementray period for
action of UD will start to run

7. Owner of a parcel of land is the owner of its surface and anything under it. May construct
work or make any excavation or plantation subject to special laws and ordinances. Cannot
however, refuse aerial navigation

8. Will: an act whereby a person is allowed within formalities required by law to control
certain disposition of his estate and shall take effect after his death.

9. Art805 Notarial Will: every will other than holographic will must be subscribed at the end
thereof by the testator himself or by the testators name written by some other person in
his presence and direction and must be attested and subscribed by 3 or more credible
witness in the presence of the testator and of one another.

The testator or the person requested by him to write his name and the instrumental
witnesses shall also sign as aforesaid each and every page thereof except the last on the
left margin and each and every page must be numbered correllatively in letters placed on
the upper part of each page

The attestation shall state the number of pages upon which the will is written and the fact
that the testator signed the will and in every page thereof, or cause some other person to
write his name under his express direction in the presence of the instrumental witness and
that the latter witnessed and signed the will and all the pages in the presence of the
testator and of one another

If the attestation clause is written in a language not known to the witnesses it must be
interpreted to them.

10. Will is holographic: Art810 must be complied with. That it must be entirely written by hand
of the testator, signed by him and dated and must be in the language known to the
testator
 Altho love letter in its specific sense does not fall under the definition of a will,
however, such love letter contained therein a disposition that 1/2 of the monies con-
owned by Lorenz and Carlos be given to his heirs, hence it presupposes control but since it
was not alleged that it was dated and signed as in the case of a holographic will, the love
letter remains just a letter.

11. Art830 Revocation of a will: 3 instances

12. Overtact like burning, tearing, obliterating or canceling with

13. intent to revoke

14. by the testator or by some other person in the presence of the testator and by his express
direction

15. Joint will: two or more person execute a will in the same instrument in favor of one
another or 3rd person . Prohibited bcus undue influence and dominion over other might be
exercised, depriving the other of his freedom to act and dispose his estate.

Probate court must deny the will despite the allegation that Mark loves darlene and
will do everything for her. Undue influence can still be exercised sugarcoating it in the
form of love

16. Notary public cannot at the same time be a witness in the Notarial will. Cannot divide his
personality into two. However, if there are 4 witnesses and he is deemed as surplage

17. Test of In the Presence: Mere casting of eyes, choose to glance or not, provided that there
is no object that would deprive or impede their view is substantial compliance. And not
whether they actually saw the signing

18. Probate of Holographic will or codicil: the instrument must be presented in court to
determine the genuiness of the handwriting of the testator

19. Date in the will: must be complete date including the month, day and year. XPN: Feb’61 is
valid date so long there is no controversy or allegation of testamentary capacity. 12/12 is
and incomplete date hence invalid if testamentary capacity of decedent is in question

20. Presumption of soundness of mind of the testator when he executed the will. Burden of
person who questioned it.

21. Person is of sound mind if during the execution of the will he knows:

a) Nature of his estate to be disposed

b) Proper objects of his bounty

c) Testamentary act
 -Not necessary that testator must be in complete possession of his physical and metal
capacity (ex: forgetfulness)

22. Jacinto, Lina, vanessa and Victor inherit successively upon Jade’s death being a
Fideicommisary substitution where the testator obligates the first heir called the fiduciary
to preserve and deliver the property to fideicomissary. However, this is only imposed on
the free portion of the property and will not prejudice the legitime of Jacinto and Lina
which is 1/2 of 9M dived by them into 2 (4.5M). Testator cannot imposed any condition
and encumbrance on legitimes of compulsory heirs

23. GR probate court is limited only to extrinsic validity of the will. XPN: could inquire into
intrinsic validity of the will if on its face, it is intrinsically invalid like there is preterition of
compulsory heir in the direct lie.

24. Sale req to be valid:’COC’ Consent, object and consideration . (consideration of sale is
disputable bcus the check bounced hence, lack of consideration)

25. Once there is COC, sale is perfected and both contracting parties are bund to the
fulfillment and consequence in keeping with GF and laws.

26. Sale of conjugal property without the other sps consent is void.

27. Person who can enter into a valid contract must possess full civil capacity. Incapacitated
person cannot enter into contract by reason of their minority, imbecility, prodigality,
insanity and civil interdiction, they, alone cannot become a party to the contract unless
they are represented then, valid

28. GR minor cannot enter into a contract of sale, such will make the contract void. Unless, if
at the time of the sale, the minor presented to be of legal age, he is not excused from the
obligation he contracted later on, he cannot desist

29. Registration of real property shall be borne by vendor. Obliged to transfer the ownership,
provide warranty, preserve with proper diligence of a good father and shoulder the
expense in the registration of property. It is the vendor who shall pay for the deed of
absolute sale

30. Option money: a separate contract, merely a security for the prospective buyer of the
property.

31. Ownership of the thing sold is deemed delivered or transferred from the moment vendor
delivers it to the buyer unless contrary stipulation.

32. Seller-mortgagor cannot sell or mortgage property not owned at the time the sale or
mortgage

33. Double sale of immovable property: first who register the property, becomes the owner
provided that the buyer acted in GF.

34. Law does not provide warranty agnst second hand sale of vehicles.
35. Owner-operator of the vehicle may be held liable subsidiarily for the act or omission that
casue damage to another.

36. Any person is entitled to adequate compensation for injuries or damages sustained
provided proved with actual receipt or best evidence obtainable. Moral damages can also
be granted if the party with clear and convincing manner the moral sufferings sustained.
Atty’s fees may also be prayed and claimed for is the plaintiff was forced to file an action.

37. Person who by act or omission cause damages to another sh all be liable to pay damages.
A tort may also arise and not barred by contractual relationship by the parties. Contention
of the bank that there is a contractual relationship between it and JJ, does not bar the
recovery of damage sustained by JJ

38. Doctrine of Last Clear Chance: The driver who has the last opportunity to avoid the
accident but failed to do so, is liable. Owner-operator is also liable directly and
immediately under vicarious liability rule bcus the accident happened while the employee
of a bus company was in the conduct of his official function.

39. Action for damages prescribed after 4 years from the act or omission that caused damage.

40. Vicarious liability: Er is directly and immediately liable for acts or omissions committed by
his employee while in the course of doing his work. In the case at bar, the employer of
Dencio-the taxi driver is immediately liable unless he proved that he exercised diligence of
a good father in the selection of his employee

41. Dencio- driver is directly liable for reckless resulting to homicide for killing the pedestrian.
Also, liable for breach on contract of carriage for his failure to deliver Poten, his passenger
to his destination safetly. Rule is that the common carriers must exercise extra-ordinary
diligence in the conduct of their business and in case there is death or injury sustained,
arise presumption of liability.

42. Requisites for tort to arise:

a) There is an act or omission committed by the defendant
b) There is fault or negligence
c) There is causal relation between the act or omission and the damage done

43. Grant of damages is improper if such was due to forced majeure. The hold- up incident,
being outside the control of the driver and the vehicle owner and which is also an
unforceable event is considered as force majeure. Hence, despite the failure to deliver X to
his destination as well as sustaining injury, X cannot pursue a case agnst the driver and the
owner-operator since it falls down to one of the exception

44. State is immune from suit in the course of exercising of its governmental function and
sustained damage or injury to another in the course thereof. Same is not applicable, if it
acted thru a special agent.

45. Damages cannot be recovered if the proximate cause of the injury was the act or omission
of the plaintiff. Mitigate if only contributory act. In the case at bar, the nonpayment of
rent is the proximate cause why he was locked-out hence he cannot claim for damages.
46. XPN where damages cannot be recovered:
a) Assumption of risk rule
b) Emergency rule
c) Volunti non fit injuria
d) Contributory negligence

47. Public employees are not liable in their personal capacity if they are only exercising in
accordance to their official function, in the absence of bf on their conduct. The contention
of the defendant is correct, they are mere employees of the Bureau and claim for damages
must be directed to or agnst the State.

48. In promise to sell to another and later did not live up the promise, no right violated.
Hence, damages cannot be granted. Damages is only granted whenever there is injury
suffered by another person there being fault or negligence

49. AG the pharmacist whom being negligent for giving X the wrong medicine and suffered
pain is liable for tort. The employer of AG is also liable under vicarious liability rule unless
raise the defense of ordinary diligence in the selection of his employees

50. The bank can deduct the amnt borrowed from his maintaining deposit which was greater
than the loan value of Jose. Jose cannot run away from his obligation to pay. Bank to seek
reimbursement

51. Contracted price for rent between F and X is valid and binding with the parties. Usury law
is not applicable to the amnt of rent. It is only applicable to usurious interest wherein the
plaintiff can validly claim the usurious rent paid by him

52. Interest must be in stipulated in writing, otherwise cannot be claimed. Floating interest is
void interest since it must always have a rate and basis. Altho, interest could be granted by
the court as a way of damages

53. Guaranty is merely accessory to the contract and the liability of the guarantor is merely
subsidiary. Exhaustion of liability or property of the principal debtor before who could go
to the guaranty. (doctrine of exhaustion) . The bank must first exhaust the property of the
debtor, if insufficient, guranty is liable. (Joint and several means solidarily liable)

54. Hotel is liable for things deposited despite of posting of notices on the premises. Civil code
provided that hotel, inn-keepers and similar establishment is liable . Defense of hotel: fault
of the guess himself, his family etc.

55. As a depositor. M can ask for the return of the necklace by reason of incapacity of W who
cannot validly enter into a contract. But since the necklace was already sold, M can ask for
the amnt W might have benefited out such sale. M may also file annulment of sale
between X and W bcus of X’s bad faith.

56. Interest in the form of damages is valid in case there is delay in payment, but interest is
counted only from the day the judgment was rendered and not at the time of the filing of
the petition.
57. Guarantor guaranty that the debt shall be paid. They assume liability of the principal
debtor if he failed to pay the creditor. Guaranty could be solidary or joint.

58. Deposit amnt to the bank is a contract of loan and not deposit. The depositor allows the
bank to use his money for some time.

59. Notice of extension or renewal shall be emodied in another instrument or agreement that
the creditor expressly allows that the due debt be extended. However, in the case at bar,
it was the surety who waived the stipulation to be in writing, the act of surety is beneficila
to the creditor. The express stipulation of the extension is to protect the creditor of the
amnt he lend

60. The residential bldng in question shall be treated as immovable property and thus part of
the land mortgaged by to PNB. Buildings deemed to have been included in the said writ
since the installation therein cannot be easily removed.

61. Contract of loan in the case, where the school allows the student to use the thing and for
the student to have a right to do so, they temporarily let the school charged them off sums
of money which can be returned if no incident of breaking happened. Contract of deposit
is not applicable bcus in deposit, it is for safekeeping of the thing, the depositary is not
allowed to make use of the thing.

62. The mortgagor does not cease to possess the land he mortgages because it is merely a
security for the payment of the principal debt.

63. Multicollateral pledge is indivisible unless a particular property is given to answer a

particular amnt loaned. In the case, Ansselmos is correct. He can demand the return of the
necklace he pledge by paying the corresponding amnt

64. Proceeds of the sale shall accrue to the creditor since the debtor failed to pay the amnt
loaned. The items pledged can be sold to pubic auction and proceeds will accrue to the
creditor as payment. If the proceeds of such sale is insufficient to cover the whole amount
borrowed, creditor-pledgee ask anymore debtor for insufficiency.

65. Fideicommissary heir is entitle to naked ownership, he may alienate it

66. Wills are ambulatory in nature

67. Impairment thru disinheritance must be valid, prove the cause, and cause must be those
provided for by law. Disinheritance to be valid must be executed in the form of a will

68. Certificate of public convenience is not necessary to make common carrier liable for injury
caused. Common carrier is presumed liable whenever there is death or injury sustained by
its passenger.

69. Owner is directly liable to the tenants for failure to make necessary repairs in the building
without prejudiced for the owner to sue the contractor of the building for damages who
he hired for the repair.
70. Fortuitous event is not an absolute defense in tort, especially if there is delay and gross
negligence Owner of the building is liable for the collapse of the bldng for failure to make
necessary repairs with respect to tenants whom suffered injury

71. Art26 which entitles the person to his right of privacy is not applicable to Berto. The act of
installment of surveillance camera without Berto’s consent is not a violation of his right. It
is merely incidental that Berto’s business establishment is right infront of business
establishment of the owner of the camera is merely an act of protection of his own
business, he acted in GF by doing so.

72. Vicarious liability rule: The school principal is liable for act or omission that cause damage
to 3rd person when such principal has a control over such act or omission which is the
proximate cause of the injury. Hence, in the case at bar, the principal has a control and
supervision over the hanging tree located within the school premises which is the cause of
Carmen’s death. The principal could have exercise diligence to clear the perimeter for the
safety of the student going to school

73. Civil action for damages is deemed instituted with criminal action if there is failure to
reserve a separate action Although in the case at bar, there is a reservation to file a
subsequent case this however was withdrawn and noteworthy is the fact that the private
prosecutor after the withdrawal of reservation participated in the trial. He cannot
anymore file a separate civil action in the criminal case. Private prosecutor cannot
interfere in the criminal case if not only for civil action

74. The proximate cause of the loss is fraudulent act of the Secretary to transfer the amount
to her husband. Depositor suffered loss therein for such act of the bank secretary. The
contributory negligence of the depositor is that he failed to check the amnt of his deposits.
As a prudent person, one must exercise ordinary care so not to suffer damage to himself.

75. Property: Objects which are susceptible for appropriation and already found in the
possession of man. Involves material and intangible objects

76. Thing: Broader in scope which includes appropriable and non-appropriable

77. Human body is outside the commerce of man, not subject to appropriation. XPN: organs if
donated

78. IMMOVABLE PROPERTIES: The law does not define what immovables are, it merely
enumerate

79. Movable property:

a) Those not immovable
b) Forces of nature brought under control of science
c) Movable susceptible for appropriation
d) All things which can be transported from place to place without impairment of RP
which they are attached

80. Classification of RP: By nature, by incorporation, by destination and by analogy

81. Mortgage on a building is a real mortgage and not chattel mortgage BUT building itself
may be mortgage apart from the land on which it has been built.

82. Ministerial duty of the ROD no power to determine the nature of the document

83. Trees blown by the typhoon remain immovable and part of the land.

84. Patrimonial property: those properties of the state cease to be public land, hence can be
sold t private person

85. Modes of acquiring ownership: OLDTIPS. Accesion is ot a mode of acquiring ownership, it

pressupposes exiting ownership. Right to accesion is automatic

86. Unsigned attestation clause: Unattested will even if it was signed by the witnesses on the
left margin - their purpose was merely for subscription and not attestation, hence the will
is void. Attestation clause is memorandum of facts attending the execution of the will

87. Signature of the testator in the attestation clause is mere surplace

88. Presumption of regularity once attestation clause is signed. Negative testimony of witness
will not be given due course

89. Probate of H. Will : At least 1 witness know the handwriting of the testator, 3 if contested

90. Additional disposition is allowed in a holographic will provided it is dated and signed. Each
are separate and independent.

91. Conflict between a will and codicil, will prevail being the later expression of the testator

92. Soundness of mind of the testator and competence of a witness is determined at the time
of execution of will. Subsequent incompetence will not affect the probate of will

93. Presumption of revocation of will: found last in the possession of testator and cannot be
found

94. Subsequent will shall only revoke the old will if is admitted to probate. Thus, the codicil
must be admitted to probate first in order for the revocation to take effect. It must be
probated eventho it contains nothing but revocation of a former will

95. Voluntary heir who predecease testator transmit nothing, unlike compulsory heir which
can be represented

96. Grounds for Substitution: Predecease, Incapacity, Repudiation

97. Fideicommissary substitution: Fiduciary instituted by the testator is entrusted with

obligation to preserve and transmit to 2 nd heir whole or part of inheritance. Provided,
substitution does not go beyong 1st degree from heir originally instituted. Provided bothe
are living at the time of the death of testator. Expressly written in the will and instituted in
 the free portion only. Both inherit at the time of the death but beneficial right of
fidiecommissary is suspended.Both owners and not as co-owners

98. Fiduciary: Prohibited to alienate and destroy the property. Not a usufractuary

99. Any fideicomissary affecting the legitime is deemed not instituted

100. If fideicommissary dies before fiduciary: Still valid. Rights transmitted to his heirs
survived by testato

101. Reservista cannot make a will containing reservable property, it does not fall nor
comes to her inheritance

102. In reserva troncal: The property must be reserve in its original state, if converted into
cash during the lifetime of prepositus, no more reserva troncal bcus existence of reserva is
ultimately dependent upon prepositus

103. Judicial declaration of presumptive death: File a summary proceeding, well-founded

belief-diligent search

104. Affidavit of reappearance + recorded in Civil registry: automatic termination of

subsequent marriage

105. Family hoem to be exempt from FEA must be the dwelling house of the family where
they actually resides. If the so colled Family home but they are not residing there in could
be subject to FEA

106. Mere judicial declaration of annulment of marriage is not sufficient to contract a valid
subsequent marriage. There must be liquidation, partition, distribution, delivery of
presumptive legitime and recording in the civil registry first

107. GF is not a defense when the ground for annulment of marriage is std nor lack of
knowledge of such incapacity. If at the time of marriage, both SPS afflicted with STD knows
it. Cannot anymore file for annulment

108. Ground for annulment is lack of parental consent: The parent/ guardian could file an
annulment so long the child is 21 y/o and not yet 22. Bcus if the child attain 22 y/o it is the
sole right of the child to file annulment till 26 y/o

109. Mere absence of sps does not give rise for the other sps to remarry , there must be a
judicial declaration of presumptive death first

110. The donor in the marriage can revoke only the donation in case of annulment and legal
separation if the donee is the one in BF or a guilty sps. If such donation was given to the
innocent sps, the donor cannot revoke it on the ground of annulment

111. Birth certificate Is not a conclusive evidence of legitimacy of child.

112. If the husband discovers after the marriage that his wife was a prostitute, no remedy
bcus there is no misrepresentation nor deceit as a ground for annulment of marriage

113. Drug addiction as a ground for void marriage must amnt to: psychological incapacity to
comply with the essential obligation of marriage, antecedent or existing at the time of
marriage and grave and incurable

114. Mutual guilt(committing adultery and death or physical injuries on exceptional cases
under Art247 of RPC is a ground for dismissal of an action for legal separation. The rule is
anchored with the doctrine of clean hands. Also in case of doubt, uphold the validity of
marriage. Since the Constitution protects its as inviolable social institution

115. Psychological incapacity: it must be shown that illness as downright incapacity or

inability to perform marital obligation

116. Marriage between teo 19 y/o are voidable. Consent was defective. BEing below 21 y/o,
the consent of the parties are not full without parental consent. It is indespendable for a
valid marriage

117. Marriage between two 21 y/o withou parentla advice id VALID despite its absence.
Such absence is merely an irregularity affecting formal requisites

118. Marriage between filipinoes 1st cousins is void by reason of public policy. The fact that
such marriage was solemnized abroad that allows it does not validate it. Art 15 of the CC
applies to all filipinos wherever they may be

119. Marriage before a notary public in HK may be valid if HK law allows it, otherwise
invalid in PH bcus notary public is unauthorized officer to solemnized marriage

120. Ante-dated marriage license is illegal. However, if marriage was solemnized despite
such ante-dated license, marriage is still valid since the irregularity as to the issuance of
the valid license does not adversely affect the validity of marriage. So long license is issued
by civil registrar

121. An affidavit of cohabitation of a man and woman whom live together for 5 yrs without
legal impedement to marry each other during those 5 yrs

122. Consuls ans vice consuls are empowered to solemnized marriages between Ph citizens
abroad in consulolar office of the foreign country to which they were assigned and have
no power to solemnized marruage in Ph soil-which is outside their jurisdiction

123. If ministers license expires and he solemnized marriage, marriage is still valid so long
that either or both of the parties believe in GF that he has authority to solemnized
marriage. Authority of solemnizing officier is a formal requisites, GF of the parties cure the
defect.

124. Only the parties in a subsisting marriage can file a case for declaration of nullity of
subsequent bigamous marriage.The other sps in a bigamous marriage cannot file since
his/her marriage is void
125. Sent by AFP to mission in Sulu, at the time of disappearance the present sps could
have inquired from the FAP on the status of the mission. The court ruled that the present
sps failed to actively look for her missing husband and her purported earnest effort to find
him by asking his husbands parents, relatives and friends did not satisfy the strict standard
and degree of diligence required to create well founded belief

126. Equity follows the law: means that court of justice are bound by rules of law and have
no discretion to disregard them. Equity is applied only in the absence of applicable law but
never against the law

127. Decisions of CA are not laws but they may serve as precedents for inferior courts on
points of law

128. Ph law governs the capacity of person to buy the land as his national law in accordance
with Art15 CC that laws relating to family rights and duties, status, condition and legal
capacity of person binding upon citizens of Ph whenever they may be

129. Sterility is not a ground for nullity of marriage, impotency is

130. Assurance that they will have a child cannot be a ground for annulment if failed to
satisfy said promise

131. If the common land was registered in the name of one sps as widow, the buyer has the
right to rely upon what appears in the record of ROD and should be protected. The
Husband who did not give his consent cannot recover the lands anymore but have the
right of recourse agnst his wife