2001

Succession; article 16 (intestate and testamentary succession shall be governed by national law
of the person whose succession is under consideration)

New law versus old law (the law should govern the action is the law in force at the time of filing
of the petition)

Builder in good faith and bad faith (unless one is versed in the science of surveying, he cannot
determine the precise boundaries or location of his property by merely examining his title. In
the absence of contrary proof the law presumes that the encroachment was done in good faith)

Preference of BPS and LO (it is the LO who has the option or choice not the builder; the owner
may choose between appropriation of what was built after payment of indemnity, or to compel
the builder to pay for the land if the value of the land is not considerably more than that of the
building. Otherwise the builder shall pay rent)

Alluvion (if accretion is transferred and became avulsion riparian owner has two years to
remove it; claim based on prescription is baseless if the possession was by mere tolerance of LO
and it will not affect the LO possession and ownership)

Easement right of way (failure to annotate the easement upon the title of the servient estate is
not among the grounds for extinguishing an easement; easements are inseparable from the
estate to which they actively or passively belong; once it attaches, it can only be extinguished
under 631 and they exist even if they are not stated or annotated as an encumbrance on the
torrens title of the servient estate)

Preterition (donation considered an advance on the sons inheritance; the institution in the will
shall be respected but the legitime has to be completed if he received less; assuming the
donation is valid as to form and substance, donee cannot invoke preterition because he actually
had received a donation inter vivos from the testatrix and would only have a right to a
completion of his legitime)

Lease (there is solidary liability only when the obligation expressly so states or when the law or
nature of the obligation requires solidarity; contract of lease does not in any way stipulate
solidarity)

Mortgage v. cession (cession would have transferred ownership to the bank; grant of authority
to the bank to sell the leasehold rights in case of default is proof that no ownership was
transferred and a mere encumbrance was constituted)

Pactum commissorium (it is pactum commisorium when default in the payment of the loan
automatically vest ownership of the encumbered property in the bank)
Usury law (while it is true that the interest ceilings set by usury law are no longer in force, it has
been held that PD No.1684 and CB circular no.905 merely allow contracting parties to stipulate
freely on any adjustments in the interest rate on a loan or forbearance of money but do not
authorize a unilateral increase of the interest rate by one party without the others consent; to
be valid any change in the interest must be mutually agreed upon by the parties)

Extraordinary inflation or deflation (is defined as the sharp decrease in the purchasing power of
the peso; it does not necessarily refer to the exchange rate of the peso to the dollar; WON
there exist an extraordinary inflation or deflation is for the courts to decide; requires an official
declaration by the BSP)

Substitution (substitution cannot take effect without the consent of the creditor; assignment
valid because there is absolute freedom to transfer the credit and the creditor need not get the
consent of the debtor he only needs to notify him)

Double sale (first buyer has better right if his sale was first to be registered, even though the
first buyer knew of the second sale; the fact that he knew of the second sale at the time of his
registration does not make him as acting in bad faith because the sale to him was ahead in time
hence has a priority in right. What creates bad faith in the case of double sale of land is
knowledge of a previous sale; first buyer is still be preferred where the second sale is registered
ahead of first sale but with knowledge of the latter. This is because the second buyer who at
the time he registered his sale knew that the property had already been sold to someone else
acted in bad faith)

Partnership (capitalist partner may engage in the other business because it is not the same kind
of business the partnership is engaged in; on the other hand industrial partner may not engage
in any other business unless their partnership expressly permits him to do so because as an
industrial partner he has to devote his full time to the business of the partnership art. 1789)

lease (implied renewal of the lease on a month-to-month basis did not have the effect of
extending the life of the option to purchase which expired at the end of the original lease
period)

agency (power of attorney given to the buyer is irrevocable because it is coupled with interest;
the agency is the means of fulfilling the obligation of the buyer to pay the price of the land; a
bilateral contract is dependent on the agency)

contract of sale (a contract where the ownership is not reserve)

innocent purchaser for value (as a rule an innocent purchaser for value acquires good and clean
title to the property however it is settled that one who closes his eyes to facts that should put a
reasonable man on guard is not an innocent purchaser for value; bank as a matter of standard
operating procedure to have conducted an ocular inspection of the premises before granting
any loan)
employers liability to EE(ER not liable when accident occurred when EE acted not within the
assigned task of his employment; it is true that employers are liable for damages caused by
their EE’s who were acting within the scope of their assigned task; however the mere fact that
EE was using a service vehicle of the ER at the time not necessarily mean that he was operating
the vehicle within the scope)

legal redemption (art. 1623 of the CC gives the co-owner 30 days from written notice of the sale
by the vendor to exercise his right of legal redemption; right of redemption had not begun to
rub because no notice in writing of the sale appears to have been given to her)

notice of lis pendence (notice of lis pendence is not proper for the reason that the case filed is
only for collection, damages and attorney’s fees; annotation of a lis pendens can only be done
in cases involving recovery of possession of real property or to quiet title or to remove cloud
thereon or for partition or any other proceeding affecting title to the land or the use or
occupation thereof)

2002

Marriage license exemption (exemption from the requirement of marriage license under art.34
FC requires that the man and woman must have lived together as husband and wife for at least
five years and w/o any legal impediment to marry each other during those five years; under the
FC no marriage is required if the parties have been cohabitating for the period of 5 years and
there is no legal impediment; there must be no legal impediment only at the time of the
solemnization of the marriage and not the whole five-year period; the change in the FC is
significant if the second marriage occurred before the effectivity of the FC the answer would be
that marriage is void)

Interested party void marriage (a void marriage may be questioned by any interested party in a
proceeding where the resolution of the issue is material; being a compulsory heir he has the
personality to question the validity of the void marriage)

Psychological incapacity (is a mental disorder of the most serious type showing the incapability
of one or both spouses to comply with the essential marital obligations of love, respect,
cohabitation mutual help and support, trust and commitment; it must be characterized by
juridical antecedence, gravity and incurability and its root causes must be clinically identified or
examined)

Grounds existing at the inception of marriage (SC held that being of unsound mind, drug
addiction, habitual alcoholism, lesbianism or habitual alcoholism or homosexuality may be
indicia of psychological incapacity depending on the degree of severity of the disorder; however
concealment of drug addiction, habitual alcoholism, lesbianism or homosexuality is a ground for
annulment of marriage)
Legal separation (if drug addiction, habitual alcoholism, lesbianism or homosexuality should
occur only during the marriage these would constitute grounds for legal separation only)

Divorce by alien (aliens may obtain divorces abroad which may be recognized which may be
recognized in the Philippines provided that they are valid according to their national law)

National law governing intrinsic validity of will (art .16 NCC provides that intrinsic validity of
testamentary provisions shall be governed by the national law of the person whose succession
is under consideration)

Co-ownership (if the parents already partitioned the land in separate portions redemption
among the co-owners cannot prosper since co-ownership is already extinguished)

Repudiation (art.494 NCC provides that no prescription shall run in favor of a co-owner or co-
heir against his co-owners so long as he expressly or impliedly recognizes the co-ownership)

Implied trust (for purposes of prescription one has to have possession under concept of an
owner art.540 and a co-owner never claimed sole ownership of the property he is therefore
estopped under 1431 NCC)

Nuisance; easement (under art.697 NCC abatement of nuisance does not preclude recovery of
damages even for the past existence of a nuisance; art. 637 of NCC provides that the owner of
the higher estate cannot make works which will increase the burden on the servient estate)

Laches (means failure or neglect for an unreasonable and unexplained length of time to do
what by exercising due diligence could or should have been done earlier. It is negligence or
omission to assert a right within a reasonable time)

Sale husband and wife; prescription (SCC did not require consent of wife for validity of the sale
an alienation by husband in fraud of the wife is void; nonetheless it is barred by prescription
and laches more than 50 years have already elapsed from the discovery of sale in 1950)

Modal institution v. substitution (modal institution is the institution of an heir made for a
certain purpose or cause art.871 and 882 NCC; substitution is the appointment of another heir
so that he may enter into the inheritance in default of the heir originally instituted)

Simple v. fideicommissary (SS of heirs the testator designates one or more persons to substitute
the heirs instituted in case such heir should die before him, or should not wish or should be
incapacitated to accept the inheritance; in a FCS the testator institutes a first heir and charges
him to preserve and transmit the whole or part of the inheritance to a second heir, in SS only
one heir inherits; in a FCS both the first and second heirs inherit art. 859 and 863 NCC)
Modal institution (in case of a testamentary disposition subject to a mode and the will itself
provides for the consequence if the mode is not complied with. To enforce the mode, the will
itself gives the right to compel the return of the property to the heirs)

Right of compensation (in order that compensation may be proper, the two debts must be
liquidated and demandable, if a case is still pending in court the party has no claim which is due
and demandable against the other party)

Relativity of contracts (which provides that contracts can only bind the parties who entered into
it, and cannot favor or prejudice a third person, even if he is aware of such contract and has
acted with knowledge thereof)

Notice of lis pendens (uncancelled notice of lis pendens operates as constructive notice of its
contents as well as interests, legal or equitable, included therein, all persons are charged with
the knowledge of what it contains)

Notice of adverse claim (court once held that a notice of adverse claim remains effective and
binding notwithstanding the lapse of the 30days from its inscription in the registry this ruling is
even more applicable in a lis pendens)

Transferee pendente lite (if a property was transferred during pendency of an appeal transferee
deemed as TPL)

Appeal by an co-owner (co-owner can protect his right by pursuing an appeal; asking the court
to order the re-annotation of the lis pendens on the title and by invoking right of redemption of
his share in the co-ownership under art. 1620 NCC)

Right of redemption (art. 1623 of NCC requires that the notice in writing of the sale must come
from the prospective vendor or vendor as the case may be; if the notice came from the register
of deeds the period of 30 days may not be tolled)

Right of redemption (law does not prescribe any particular form of written notice nor any
distinctive method for notifying the redemptioner. So long as the redemptioner was informed
in writing he has no cause to complain; in one case a written notice was held unnecessary
where the co-owner had actual knowledge of the sale having acted as middleman and being
present when the vendor signed the deed of sale)

Lex loci contractus (it is the law of the place where contracts wills and other public instruments
are executed and governs their forms and solemnities pursuant to art. 17 of the NCC or it is the
proper law of the contract the system of law intended to govern the entire contract including
its essential requisites, indicating the law of the place which the contract has its closest
connection or where the main elements of the contract converge; as a general rule the law of
the place where a contract is made or entered into governs with respect to its nature and
validity, obligation and interpretation. This is the rule even though the place where it is to be
performed and if the place of the making and the place of performance are the same)

Forum non conveniens (means that a court has discretionary authority to decline jurisdiction
over a cause of action when it is of the view that the action may be justly and effectively
adjudicated elsewhere)

Jurisdiction of Philippine court (under rule of forum non conveniens the Philippine court is not a
convenient forum as all the incidents of the case occurred outside the Philippines; under of
principle of lex loci contractus the law of the place where the contract is made shall apply)

Option contract (is one granting privilege to buy or sell within an agreed time and at a
determined price. It must be supported by a consideration distinct from the price art. 1479 and
1482 NCC)

Earnest money (art. 1482 shall be considered as part of the purchase price and as proof of the
perfection of the contract)

Ground for annulment of sale (the fact that a deal is financially disadvantageous and having
made a bad bargain is not a legal ground for pulling out of a binding contract of sale, in the
absence of some actionable wrong by the other party)

Interest (with respect to collection of money or promissory note it being a forbearance of

money the legal rate of interest for having defaulted on the payment 12% will apply; with
respect to damages to property it is 6% from the time of the final demand up to the finality of
the decision and 12% of the total amount from finality of judgement until judgement credit is
fully paid)

Moral damages; attorney’s fee

Fortuitous event (mechanical defects of a motor vehicle do not constitute fortuitous event
since the presence for such defects would have been readily detected by diligent maintenance
check. Failure to maintain the vehicle in safe running condition constitutes negligence)

Vicarious liability (is that which renders a person liable for the negligence of other for whose
acts or omission the law makes him responsible on the theory that they are under his control
and supervision)

Quasi-delict (in motor vehicle mishaps, the owner is made solidarily liable with his driver if he
was in the vehicle and could have by use of due diligence prevented the mishap)
2003

Equity follows the law (means that courts exercising equity jurisdiction are bound by rules of
law and have no arbitrary discretion to disregard them; equity is applied only in the absence of
but never against statutory law)

Marriage (if marriage is valid according to the forms and solemnities of another country
however although living abroad the dissolution of their marriage is still governed by the
Philippine laws art. 15 NCC; sterility is not one of the grounds for annulment of a marriage
under art.45 of the FC)

Marriage does not vest citizenship (marriage of an alien woman to a Filipino does not
automatically make her a Filipino citizen; one must first prove in an appropriate proceeding that
she does not have any disqualification for Philippine citizenship)

Person (unborn child is not yet considered a person and the law allows indemnity only for loss
of life of persons; the mother may recover damages for the bodily injury she suffered from the
loss of the fetus which is considered part of her internal organs; parents may also recover
damages for injuries that are inflicted directly upon them moral damages for mental anguish
that attended the loss of the unborn child and since there is gross negligence exemplary
damages can also be recovered)

Nominate contract of agency and lease of service(art.1886 of NCC provides that by the contract
of agency binds himself to render some service or to do something in representation or on
behalf of another with the consent or authority of the latter; nominate contract of lease of
service in the absence of a relation of principal and agent between them)

Remedies in marriage (AIDS since it is a serious and incurable sexually transmissible disease the
wife may file an action for annulment of the marriage on this ground whether such fact was
concealed or not from the wife, provided that the disease was present at the time of the
marriage; marriage is voidable even though the husband was not aware that he had disease at
the time of the marriage)

Abandonment (if the refusal continues for more than one year from the expiration of the
contract husband may file an action for legal separation under art.55 par.10 of the FC on the
ground of abandonment of petitioner without justifiable cause for more than one year; wife is
deemed to have abandoned the husband when she leaves the conjugal dwelling w/o intention
of returning art.101 FC)

Prostitution (no misrepresentation or deceit as to character health rank fortune or chastity shall
constitute fraud as legal ground for an action for the annulment of marriage)
Sexual infidelity (a ground for legal separation art.55 FC may also file for an action for judicial
separation of property for failure of her husband to comply with his marital duty of fidelity
art.145 FC)

Repeated physical violence (ground for legal separation may also file for judicial separation of
property for failure of husband to comply with his marital duty of mutual respect and may file
declaration of nullity of the marriage if the husband’s behavior constitutes psychological
incapacity existing at the time of the celebration of marriage)

Intercountry adoption (former Filipino citizen can adopt her minor brother under domestic
adoption act of 1998 and under the FC the alien husband can now adopt SC has held when
husband and wife are required to adopt jointly each one of them must be qualified to adopt in
his or her own right however the alien must comply with requirements of the law including the
residency requirement of 3 years otherwise the adoption will not be allowed)

Special parental authority (the school its administrators and teachers have special parental
authority and responsibility over the minor child while under the supervision, instruction or
custody art.218; they are principally and solidarily liable for the damages caused by the acts or
omissions of the unemancipated minor unless they exercised the proper diligence required
under the circumstances)

Accretion (art.457 of the NCC provides that to the owners of lands adjoining the banks of rivers
belong the accretion which they gradually receive from the effects of the current of the waters)

Prescription (third party may acquire by prescription an accretion because it is not included in
the Torrens title of the riparian owner; this does not involve imprescriptibility conferred by sec
47 of PD No.1529; the fact that the riparian land is registered does not automatically make the
accretion thereto a registered land)

Resolutory condition (while the general rule is that in case the period is not fixed in the
agreement of the parties, the period must be fixed first by the court before obligation may be
demanded, the period of fifty years is more than enough time for the done to comply with the
condition; hence there is no more need for the court to fix the period because such procedure
would serve no other purpose but to delay compliance with the condition)

Doctrine of relative revocation (revocation by destruction is dependent on the validity of the

second will; since it second will is invalid the tearing of the first will did not produce the effect
of revocation)

Compulsory heirs (LC and IC are the compulsory heirs parents are excluded by the legitime of
the children while brothers are not compulsory at all)
Intestate succession (in intestacy the estate of the decedent is divided among the legitimate
and illegitimate children such that the share of each illegitimate child is one-half the share of
each legitimate child)

Obligation subject to an indefinite period (debtor binds himself to pay when his means permit
to do so art. 1180 NCC. When the creditor knows that the debtor already has the means to pay
he must file an action in court to fix a period, and when the definite period as set by the court
arrives the obligation to pay becomes demandable art. 1197 NCC)

Suspensive condition subject to sole will of debtor (to pay when he likes is a suspensive
condition the fulfillment of which is subject to sole will of the debtor and therefore the
conditional obligation is void)

Obligation subject to a suspensive condition (the future or uncertain event can be a condition
and the performance of this obligation does not depend on the will of the debtor but also other
factors outside the debtors control)

Negative suspensive condition (death of son of sickness within one year is made a negative
suspensive condition in which the obligation is demandable if the son does not die within one
year art. 1185 NCC)

Defenses in solidary obligations; minority (a solidary debtor may avail himself of any defense
which personally belongs to a solidary co-debtor but only as to the share of that co-debtor)

Condonation (a solidary debtor may in actions filed by the creditor may avail himself of all
defenses which are derived from the nature of the obligation and of those which are personal
to him or pertain to his own share. With respect to those which personally belong to others he
may avail himself thereof only as regards that part of the debt for which the latter are
responsible art. 1222 NCC)

Insolvency (applying the principle of mutual guaranty among solidary debtors, a guaranteed
payment of the co-debtor and all other co-debtors)

Extension (extension may be availed by solidary debtor as a partial defense but only for the
share of the one co-debtor there is no novation of the obligation but only an act of liberality
granted alone)

Sale thing of other person (person may sell something which does not belong to him, for a sale
to be valid, the law does not require the seller to be the owner of the property at the time of
the sale art.1434NCC, if the seller cannot transfer ownership over the thing sold at the time of
delivery because he was not the owner thereof. He shall be liable for breach of contract)

Donation (as a general rule a person cannot donate something which he cannot dispose at the
time of donation art. 751 NCC)
Rescission (in the sale of immovable property even though it may have been stipulated that
upon failure to pay the price at the time agreed upon the rescission of the contract shall take
place the vendee may pay even after the expiration of the period, as long as no demand for
rescission of the contract has been made upon him either judicially or by notarial act art.1592)

Damages (if the separate civil action is to recover damages arising from the criminal act
reservation is necessary. If the civil action against the taxicab owners is based on culpa
contractual or on quasi delict there is no need for reservation)

Damages (if the civil action is based on a quasi-delict the taxicab owners may raise the defense
of diligence of a good father of a family in the selection and supervision of the driver; of the
action against them is based on culpa contractual or civil liability arising from a crime, they
cannot raise the defense)

Application of registration (as a rule constitution prohibits aliens from owning private lands in
the Philippines. This rule however does not apply to aliens that were former Filipino citizens at
the time they acquired ownership over the land; application for registration is a mere
confirmation of the imperfect title which they have acquired before they became aliens)

Chattel mortgage (a building is immovable or real property whether it is erected by the owner
of the land usufructuary or lessee it may be treated as a movable by the parties to a chattel
mortgage but such is binding only between them and not on third parties; chattel mortgage is
void when it is not registered and assuming such is valid it does not bind third parties because it
was not annotated on the title of the land)

Fraudulent registration

Action for reconveyance (action prescribes in 10 years not within one year when a petition for
reopening of the registration decree may be filed; the action for reconveyance is distinct from
the petition to reopen the decree of registration; there is no need to reopen the registration
proceedings but the property should just be reconveyed to the real owner; the action for
reconveyance is based on implied or constructive trust prescribes in 10 years from the date of
issuance of the original certificate of title, such rule assumes that the defendant is in possession
of the land where the plaintiff who is on possession of the land the action for reconveyance
would be in the nature of a suit for quieting of title which action is imprescriptible)

2004

Collection of sum of money (art.2014 of CC no action can be maintained by the winner for the
collection of what he has won in a game of chance; although poker may depend in part on
ability it is fundamentally a game of chance)
Conjugal or community funds (if money paid by the loser was conjugal or community property
the wife could sue to recover it art. 117 of FC provides that losses in gambling or betting are
borne exclusively by the loser-spouse hence conjugal or community funds may not be used to
pay for such losses; if the money were exclusive property of the loser the wife may also sue to
recover it under art.2016 of CC if she and the family needed the money for support)

Ejectment (acceptance by the lessor of the payment by the lessee of the rentals in arrears even
during the pendency of the ejectment case does not constitute a waiver or abandonment of the
ejectment case)

Mutuum v. commodatum (in M the object borrowed must be a consumable thing the
ownership is transferred to the borrower who incurs the obligation to return the same
consumable to the lender in an equal amount, and of the same kind and quality; in a C the
object borrowed is usually non-consumable thing the ownership of which is not transferred to
the borrower who incurs the obligation to return the very thing to the lender)

Substitute parental authority v. special parental authority (in a SUB PA the parents lose their
parental authority in favor of the substitute who acquires it to the exclusion of the parents; SPA
the parents or anyone exercising parental authority does not lose parental authority, those who
are charged with special parental authority only during the time that the child is in their
custody or supervision; sub PA displaces parental authority while SPA concurs with parental
authority)

Civil obligation v. natural obligations (CO is a juridical necessity to give, to do and not to do. It
gives the creditor the legal right to compel by an action in court the performance of such
obligation; natural obligation is based on equity and natural law. There is no legal right to
compel performance thereof but if the debtor voluntarily pays it, cannot recover what was
paid)

Inexistent v. annullable contracts (IC are considered as not having been entered into and
therefore void ab initio they do not create any obligation and cannot be ratified or validated, as
there is no agreement to ratify or validate; AC or voidable are valid until validated by the court
but may be ratified; IC one or more requisites of a valid contract are absent; annullable
contracts all the elements of a contract are present except that the consent of one of
contracting parties was vitiated or one of them has no capacity to give consent)

Domiciliary theory v. national theory (posits that the personal status and rights of a person are
governed by the law of his domicile or the place of his habitual residence; the national theory
postulates that it is the law of the persons nationality that governs such status and rights)

Moral damages (airline may be liable for moral damages pursuant to art.2219 if the cause of
action is based on art. 21 or an act contrary to morals in view of humiliation suffered by DT and
MT when they were separated from their guest and threatened to be offloaded)
Legitimated (under FC children conceived and born outside of wedlock of parents who at the
time of formers conception, were not disqualified by any impediment to marry each other are
legitimated by the subsequent marriage of parents)

Reciprocity principle (such principle cannot be applied in our jurisdiction because the
Philippines is a party to the TRIPS agreement and WTO the principle involved is the most-
favored nation clause which is the principle of non-discrimination; the protection afforded to
intellectual property protection in the Philippines also applies to other members of WTO)

Property (animals are property capable of being appropriated and owned)

Double sale (in case of double sale of titled land it is a well-settled rule that the buyer who first
registers the sale in good faith acquires a better right to the land art. 1544 CC; persons dealing
with property covered by Torrens title are not required to go beyond what appears on its face,
absent any showing that buyer knew or ought to have known the prior sale of the land or that
he acted in bad faith and being the first to register the sale it is deemed that he is in good faith)

Agency (while as a general rule the principal is not liable for the contract entered into by his
agent in case the agent acted in his own name without disclosing his principal, such rule does
not apply if the contract involves a thing belonging to the principal; the principal is liable under
art.1883 of CC the contract is deemed made on his behalf)

Solution indebiti (error in the amount of change given by the seller is a case of solution indebiti
where the buyer received something that is not due to him; the buyer has the obligation to
return the amount otherwise he will unjustly enrich himself at the expense of the seller art.
2151 NCC; receiver of an excess has the duty to return as a trustee under art. 1456 CC which
states that if a property is acquired through mistake or fraud, the person obtaining it is, by force
of law, considered a trustee of an implied trust for the benefit of the person from whom the
property comes)

Liability of ER to EE (there is a presumption of negligence on the part of the employer in case of

an accident; however such presumption is rebuttable. The liability of the employer shall cease
when they prove that they observed the diligence of a good father of a family prevent damage
art.2180 CC; when the employee causes damage due to his own negligence while performing
his own duties, there arises the juris tantum presumption that the employer is negligent,
rebuttable only by proof of observance of the diligence of a good father of a family)

Credit (shares of stock cannot be deemed owned by creditor upon default, they have to be
foreclosed; art.2088 of the CC states that the creditor cannot appropriate the things given by
way of pledge, and even if the parties have stipulated it such stipulation is void for being a
pactum commissorium)
Guarantee commission (a guarantee commission in addition to a regular commission agent
agreed to bear the risk of collection and pay the principal the proceeds of the sale on the same
terms agreed upon with the purchaser art.1907 CC)

Marriage (being foreigners their status conditions and legal capacity in the Philippines are
governed by the law of HK, the country of which they are citizens. Since their marriage is valid
under HK law, it shall be valid and respected in the Philippines)

Prescription (The law of the forum, in determining the applicable prescriptive period. While the
foreign law is silent on the matter, the foreign court will not apply Philippine law in determining
the prescriptive period. It is generally affirmed as a principle in private international law that
procedural law is one of the exceptions to the application of foreign law by the forum. Since
prescription is a matter of procedural law even in Philippine jurisprudence)

Succession (succession of adoptee is governed by Philippine law because he was a Filipino when
he died art. 16 CC. under art.1039 of the CC the capacity of the heir to succeed is governed by
the national law of the decedent and not by the national law of the heir. Hence the adopted
can inherit from the adopter as a legitimate child of the adopter; on the other hand adopted
cannot inherit in his own right from the father of the adopter. Since the legal fiction of adoption
exists only between the adopted and the adopter neither inherit by representation since a
representative must be a legal heir not only of the person he is representing but also of the
decedent from whom the represented was supposed to inherit art. 973 CC)

Succession (under the CC, the widow or widower is a legal and compulsory heir of the deceased
spouse. If the widow is the only surviving heir, their being no legitimate ascendants,
descendants, brother and sisters, nephews and nieces, she gets the entire estate)

Interest (the debtor cannot be required to pay the increase in interest there being no law
authorizing it, as stipulated in the contract. Increasing the rate in the absence of such law
violates the principle of mutuality of contracts; even if there is a law authorizing the increase in
interest rate, the stipulation is still void because there is no corresponding stipulation to
decrease the interest due when the law reduces the rate of interest)

Waiver (although the contracting parties may establish such stipulations, clauses, terms and
conditions as they may deem convenient, they may not do so if such are contrary to law,
morals, good customs, public order, or public policy art.1306 CC. the parents waiver to file a
complaint concerning the working conditions detrimental to the moral well-being of their
children acting in the movies is in violation of the FC and Labor Laws thus invalid and not
binding)

Marriage (if the parties are Filipino citizen his legal capacity is governed by Philippine Law art.15
CC; a divorce obtained abroad by a Filipino is not recognized; on the other hand if one of the
parties to the marriage is not a Filipino citizen, the divorce is valid and his subsequent marriage
is valid if celebrated in accordance with the law of the place where it was celebrated)
Intestate proceedings (under Philippine law, the proper venue for the settlement of the estate
is the domicile of the decedent at the time of his death; however the successional rights to the
estate are governed by his national law under art.16 CC)

2005

Marriage settlement (first settlement is valid because it is in writing, signed by the parties and
executed before the celebration of the marriage; the subsequent agreement of the parties was
void as modification of their marriage settlement to be valid modification must be executed
before the celebration of the marriage. The subsequent agreement of the parties did not effect
a dissolution of their conjugal partnership and a separation of their properties because it was
not approved by the court. To be valid an agreement by the parties to dissolve their conjugal
partnership and to separate their properties during the marriage has to be approved by the
court)

Conjugal partnership of gains (all properties acquired by the spouses during the marriage,
jointly or by either one of them, through their work or industry are conjugal)

Marriage settlement (MS cannot prejudice third parties, such as creditors because it was not
registered with the local civil registrar where the marriage was recorded. To bind third parties
the FC requires registration of marriage not only with the proper registers of deeds but also
with the local civil registrar where the marriage was recorded; hence if the CPG will prejudice
the creditors the rules on absolute community will be applied instead, however insofar debts
contracted by one spouse without the consent of the other concerned the rule is the same for
CPG and AC. The partnership or community is liable for debts contracted by one spouse but
only to the extent that it benefited the family. Therefore if the debts contracted is redounded
for the benefit of the family all CPG properties are liable to pay but only to the extent the family
was benefited and separate properties may be held answerable for debts and obligations that
did not redound to the benefit of the family)

Marriage (divorce obtained by a Filipino in Canada was not valid because he and his wife were
both Filipino citizen; divorce between a Filipino couple is not valid under Philippine law though
they are living abroad art. 15 CC)

Marriage (subsequent marriage void since the divorce obtained is void by reason of the
subsisting marriage to another person art. 41 CC)

Filiation (children born are illegitimate because they are conceived and born outside a valid
marriage)

Recognition and partition (while the FC has repealed the provisions of the NCC on proof of
filiation, said repeal did not impair vested rights; as illegitimate child, he had acquired at birth,
the right to prove his filiation in accordance with the provision of the NCC in force at the time;
under NCC an illegitimate child may file an action to compel his recognition even after the
death of the putative father when the father died during the minority of the child. While the FC
has repealed this provision, it will not operate to prejudice an IC has already acquired vested
right thereto; under FC requires that because the IC has no documentary proof of his filiation
the action to establish his filiation must be brought during the lifetime of his alleged father)

Filiation (the NCC provides that when the father did not sign the birth certificate, his name
should not be disclosed therein. While it is true that capacity to inherit is determined at the
time of death of the decedent and that filiation is an element of capacity to inherit, filiation is
determined not at the time of the death of decedent but at the time of birth of the child who is
born with a status; such status may subsequently change but legitimation is deemed to retroact
to the time of birth)

Filiation (if the IC filed the action and died when the NCC was still in force, his action would be
dismissed because the action was not transmissible to the heirs of the IC)

Adoption (foreigners are disqualified to adopt unless they fall in any of the exceptions provided
for in the law; when husband and wife are adopting jointly, both of them must be qualified to
adopt in their own right)

Adoption (one of the exceptions in adoption which would allow foreigners to adopt is when the
adopter is a former Filipino citizen adopting her relative by consanguinity)

Adoption (the new law on domestic adoption allows foreigner to adopt in the Philippines if he
has been residing in the Philippines for at least 3 years prior to the filing of the petition unless
the law waives that residency requirement)

Adoption (under RA 8043 intercountry adoption of Filipino children, the spouses may file an
application to adopt a Filipino child with the inter-country adoption board ICAB after they have
been determined eligible and fit to adopt by the state welfare agency or a licensed adoption
agency in Canada; the Canadian agency will forward the required supporting documents to
ICAB for matching with a Filipino child; the spouses after filing the petition with ICAB shall be
issued the placement authority and when all the travel documents of the child who is declared
legally eligible for adoption as determined by the ICAB are ready the adoptive parents or
anyone of the shall personally fetch the child in the Philippines for adoption in the court of the
foreigners country)

Right of way (a person cannot acquire an easement of right of way because his passage through
the land was only by mere acquiescence or tolerance; he cannot claim to have acquired the
easement of right of way by prescription because this easement is continuous although
apparent; only continuous and apparent easements can be acquired by prescription of 10 years
of uninterrupted use and enjoyment)

Right of way (the lot buyers may request the LO to establish a right of way as voluntary
easement by entering into contract or file an action to constitute a legal easement by proving
compliance with the four requisites for creating a legal easement of right of way under art. 649
and 650 of the NCC)

Right of way (right of the buyers 1. Ask for a constitution of legal easement of right of way; 2.
Require LO to provide for a right of way under PD 957, the owner or developer of a subdivision
w/o access to any existing road must secure a right of way; 3. Formally complain to housing and
land use of regulatory board regarding LO failure to comply with PD 957; 4. Commence criminal
prosecution violation of the penal provision of PD 957)

Nuisance (art. 694 CC a nuisance is any act omission establishment business 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 street or any part of the water; 5.
Hinders or impairs the use of the property; the nuisance may be either public or private under
art. 685 a public nuisance affects a community or neighborhood or any considerable number or
persons, although the extent of the annoyance, danger of damage upon individuals may be
unequal. A private nuisance is one that violates only private rights and produces damages to
but one or few persons)

Nuisance (squatter hut being an illegal construction, constitutes a public nuisance per se, if it
poses problems of health and sanitation; if the squatter hut is built on a private land and
hinders or impairs the owners use of his own property then it would constitute a private
nuisance)

Nuisance (a swimming pool is not a nuisance and is an exception to the attractive nuisance
doctrine; it is generally does not cause an injury, harm or prejudice to an individual or the
public)

Nuisance (house of prostitution is a public nuisance because it shocks or disregards the decency
or morality of the community)

Nuisance (a noisy or dangerous factory even if built in a private land may be considered a
nuisance if it offends the senses of the owners of the adjacent property or poses a danger to
their safety; this kind of nuisance may be classified as a public nuisance if it affects or annoys
those who come within its sphere)

Nuisance (uncollected garbage can be injurious to health and even the environment; it is
considered public nuisance)

Option contract (withdrawal of an offer is valid if there was no consideration paid for the
option; an option is a separate contract from the contract which is the subject of the offer, and
if not supported by nay consideration, the option contract is not deemed perfected)
Option contract (if a consideration is paid for the option offeror cannot be withdraw the offer
prior to expiration of the option period; the option is a separate contract and if founded on
consideration is a perfected option contract and must be respected)

Offer and acceptance (if the offer has already been accepted and such acceptance is
communicated to the offeror before he communicates his withdrawal, the acceptance creates a
perfected contract, even if no consideration was yet paid for the option. If he does not perform
his obligations under the perfected contract he shall be liable for all consequences arising from
the breach based on any if the available remedies which may be instituted such as specific
performance, or recession with damages)

Sale of land installments (assuming that the land is a residential subdivision project under PD
957 action of developer is not proper under the law no installment payment shall be forfeited
to the owner or developer when the buyer, after due notice, desists from further payment due
to the failure of the owner-developer to develop the subdivision according to the approved
plans and within the time limit for complying with the same)
Right buyer in installments (buyer may at his option be reimbursed the total amount paid
including amortization interest but excluding delinquency interests at the legal rate; he may
also ask the HLURB to apply penal sanctions against developer consisting of payment of
administrative fine)

Maceda law (under Maceda law the developer has the right to cancel the contract but it has to
refund the cash surrender value of the payments on the property equivalent to 50% of the total
payments made; buyer has right to pay w/o additional interest unpaid installments within the
grace period granted equivalent to one month for every year of installment payments; after the
lapse of grace period the developer may cancel the contract after thirty days and after the
buyer receives notice of cancellation or demand for rescission of the contract by notarial act;
buyer has also has the right to assign or sell his rights before the cancellation of the contract)

Commodatum (the bailor shall bear the expenses for the repair of the faulty brakes, they being
extraordinary expenses incurred due to the non-disclosure by the bailor of the defect or fault;
on the hand shall shoulder that part of the spent for the tune-up said expense being ordinary
for the use and preservation of the van)

Commodatum (bailor cannot demand the return the thing until after the expiration of the one-
year period stipulated; however if in the meantime he should have urgent need of the thing, he
may demand its return or temporary use)

Commodatum (both bailor and bailee shall bear equally the costs of the extraordinary
expenses, having been incurred on the occasion of actual use of the thing by the bailor, the
bailee even though he acted w/o fault art.1949 CC)
Equitable mortgage (equitable mortgage arises from a transaction regardless of its form, which
results into a security, or an offer or attempt to pledge the land as a security for a debt or
liability; its essence is the intent of the parties to create a mortgage, lien or charge on the
property sufficiently described or identified to secure an obligation, which intent must be
clearly established in order that such mortgage may exist; the presumption of equitable
mortgage under 1602 of the CC equally applies to a contract purporting to be an absolute sale
art. 1604 CC; in case of doubt the deed of sale should be considered as a loan with mortgage
because this juridical relation involves a lesser transmission of rights and interest)

Forged deed of sale (a forged deed is an absolute nullity and conveys no title)

Rights of buyer in GF (buyer acquired a good title to the land; under the Torrens system a
forged deed can be the root of a good title; the registration of the land in the name of the
forger was conclusive notice to the whole world; persons dealing with registered land have the
legal right to rely on the face of the Torren title and to dispense with the need to look beyond
the certificate and investigate the title of the vendor appearing in the certificate in the absence
of facts and circumstances that would imply a reasonably cautious man to make such inquiry;
this is the mirror principle of the Torrens system)

Torrens title (TT shall not be subject to collateral attack, it cannot be altered, modified or
cancelled except in a direct proceeding in accordance with the law. The ejectment proceeding
does not provide the proper forum for the cancellation of title; MTC is without jurisdiction to
cancel a Torrens title)

Lease (lessee cannot assign lease to without the consent of the lessor art.1649 CC but may
sublease since there is not express prohibition art. 1650; rescission of lease contract on the
ground of violation of law and contract)

Rescission (in case of rescission the rights and obligations of the parties are 1. At the time that
lessor can get the property back because of the violation of the lease both lessor have to
surrender possession and are liable for damages)

Quasi-delict (under FC parents and other persons exercising parental authority shall be civilly
liable for the injuries and damages caused by the acts or omissions of their unemancipated
children or wards living in their company and under their parental authority subject to
appropriate defenses provided by law)

Quasi-delict (under 2180 CC employers shall be liable for the damages caused by their
employees and household helpers acting within the scope of their assigned tasks, even though
the former are not engaged in any business or industry; as the domestic helper was then in the
exercise of her duties and acting within the scope of her assigned tasks, her employer is also
liable for the damage)
Quasi-delict (under article 2176 and 2180 of the CC liability is based on culpa aquiliana which
holds the employer primarily liable for the tortious acts of its employees subject to the defense
that the former exercised all the diligence of a good father of a family in the selection and
supervision of his employees)

Quasi-delict (under the FC the school, its administration and teachers or the individual entity or
institution engaged in child care shall have special parental authority and responsibility over the
minor child while under their supervision, instruction or custody. Authority and responsibility
shall apply to all authorized activities whether inside or outside the premises of the school
entity or institution)

Defenses in quasi-delict (they may raise the defense that they exercised proper diligence
required under the circumstance. Their responsibility will cease when they prove that they
observed all the diligence of a good father of a family to prevent damage; as regards the
employer, if he shows to the satisfaction of the court that in the selection and supervision of his
employees he has exercised the care and diligence of a good father of family, the presumption
is overcome and he is relieved from the liability)

Moral damages (moral damages predicated upon a breach of contract of carriage may only be
recoverable in instances where the carrier is guilty of fraud or bad faith or when the mishap
resulted in death of a passenger; wherein breaching the contract of carriage the airline is not
shown to have acted fraudulently or in bad faith, liability for damages is limited to the natural
and probable consequences of the breach of the obligation which the parties had foreseen or
could have reasonably foreseen; it is requisite in the grant of exemplary damages that the act of
the offender be accompanied by bad faith or done in wanton, fraudulent or malevolent
manner; to be entitled thereto the claimant must first establish his right to moral, temperate or
compensatory damages)

2006

FC no child (under 7 years of age (the rationale of this provision is that a child below 7 years old
needs the love and care which only its mother can give. The welfare of the child is given the
highest priority and the interest of the child prevails over procedural rules)

Mothers custody (the ff. have been considered as compelling reasons to deprive a mother of
custody 1. Neglect; 2. Abandonment; 3. Unemployment; 4. Immorality; 5. Alcoholism; 6. Drug
addiction; 7. Maltreatment; 8.isanity; 9. Highly communicable serious disease; 10. Grave
physical handicap; 11. Serious and credible threat by the child to harm himself if separated
from his mother)

Legal separation (an attempt by one spouse against the life of the other is a valid ground for
legal separation and that there is no need for conviction in a criminal case)
Legal separation (defense that the attempt on his life was w/o criminal intent but was impelled
solely by passion and obfuscation. This is the reason why under RPC even killing him when
caught in the act would be justified; to be a ground for legal separation the attempt must be
intentional and wrongful)

Legal separation (a petition for legal separation may be filed only by the aggrieved spouse; the
law does not allow legal separation if both parties have given ground for legal separation)

Artificial insemination (child conceived and born during the marriage presumed to be the
legitimate child of the husband; while it is true that there was no written consent by the
husband to the artificial insemination, absence of such consent may only give the husband a
ground to impugn the legitimacy of the child but will not prevent the child from acquiring the
status of legitimate child of the husband at the time of its birth; under the FC children
conceived as a result of artificial insemination of the wife with the sperm of the husband or that
of a donor are both legitimate children of the husband and wife, provided that both of them
authorized or ratified such insemination in a written instrument executed and signed by both of
them before the birth of the child)

Paternity (to establish paternity over the child requirements must concur 1. Both spouses
authorized or ratified the insemination in a written document executed and signed by them
before the birth of the child; 2. Instrument is recorded in the civil registry together with the
birth certificate of the child)

Marriage (marriage is void because a minister has no authority to solemnize a marriage

between contracting parties who were both not members of the ministers religious sect. under
the FC, a minister or a priest has authority to solemnize a marriage but only if one or both
contracting parties are members of the religious sect of the priest or minister; good faith
cannot be claimed since the art. 35 of FC applies only to a mistake of fact, and not to a mistake
of law; mistake of law does not excuse from non-compliance therewith)

Marriage (under FC the requisite for legal capacity to contract marriage is 18 years old and a
marriage by a party who is below 18 is void under all circumstances)

Sale of conjugal property (the SC ruled that sale of conjugal property is void if both spouses
have not given their written consent to it and even if the spouse who did not sign the deed of
sale participated in the negotiation of the contract; SC even held that sale to be valid, the
signatures of the spouses to signify their written consent must be on the same document)

Damages (if it can be proven that they were in bad faith in backing out from the contract, as
this is contrary to morals and good customs under art.19 and 21 of CC; assuming the sale was
perfected one may also file for specific performance or rescission with damages)

Psychological incapacity (it is not enough to prove the commission of those acts or the
existence of his abnormal behavior; it must be shown that those acts or that behavior was
manifestation of a serious mental disorder and that it is the root cause why he was not able to
perform the essential duties of married life; it must be also shown that such psychological
incapacity as manifested in those acts or that behavior was existing at the time of the
celebration of the marriage)

Marriage (under the FC which provides that 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 to remarry, the Filipino spouse shall likewise have the capacity to
remarry under Philippine law)

Unlawful detainer

Nuisance (to be considered per se the act, occupation or structure must be a nuisance at all
times and under any circumstances, regardless of location or surrounding. Since the demolished
house was not a nuisance during the times that it was not being used for selling drugs, it cannot
be considered nuisance per se; in abatement of a nuisance whether judicially or extrajudicially
the abatement should not inflict unnecessary damage or injury)

Succession (testamentary disposition in accordance with law on succession since testator was
not survived by any compulsory heir; he could will his entire estate to anybody of his choice
including a total stranger; institution of his common-law wife to his entire estate is valid; the
disposition is not in consideration of an adulterous relationship because both of them were not
married to anyone at the time of making of his will and at the time of his death; the law does
not prohibit testamentary dispositions in favor of a common law spouse; what the law prohibits
are donations in favor of common law spouses under the FC; such does not include a
disposition mortis causa such as testamentary institution)

Compulsory heir (excludes the collateral relatives in intestate succession the direct line
excludes the collateral line)

Compulsory heir (in intestate succession the direct line excludes the collateral line but among
those in the direct line, the descending excludes the ascending)

Donation (one may file an action for reconveyance of the property on the ground that the
donation was not perfected; it was not perfected because although it was made in a public
document and was accepted by the done in a separate public document, the done failed to
notify the donor of such acceptance in an authentic form before the donation was revoked
under art.749; such notification was necessary for the donation to become valid and binding)

Damages (according to art. 2176 whoever by act or omission causes damages to another, there
being fault or negligence, is obliged to pay for the damage done; the proximate cause of the
injury which is the dishonor of check, was the banks negligence in misplacing the
account; ;fiduciary nature of banking requires high standards of integrity and performance
necessitating bank to treat the accounts of its depositors with meticulous care)
Damages (independent civil action against tortfeasor can be based on art. 2176 of the CC which
states that whoever by act or omission cause damage to another being fault or negligence is
obliged to pay for damage done)

Damages (it is the registered owner of any vehicle, who should be primarily responsible to the
public or third persons for injuries caused the latter while the vehicle is being driven; as
provided in art. 2180 CC as amended by art.221 FC the father and mother are responsible for
the damages caused by the fault and negligence of the minor children who live in their
company; this liability is imposed upon the parents on the presumption that they have failed in
their duty of supervision over their children)

Change of name (under RA9048 the extrajudicial correction of entry or change of first name
may be availed only once)

Entries (only clerical or typographical errors may be corrected, and only the first name or
nickname may be changed, without judicial order under RA9048

Use of surname (an illegitimate child who is adopted by his natural father may carry the
surname of his biological mother as his middle name; the SC has ruled that there is no law
allowing or prohibiting such child from doing so; what is not prohibited is allowed the use of the
surname of the mother even of legitimate children is in accord with Filipino customs and
traditions and will serve the best interest of the child who will not be confused by wondering
why he has no middle name)

Damages (moral damages may not be recovered in immorality or dishonesty because it is not
included in the enumeration in art. 2219 CC)

Psychological incapacity (being gay or lesbian is a mental disorder which prevents the afflicted
person from performing the essential duties of married life; he or she will not be able to
perform his duty of sexual consortium with his or her spouse due to his sexual preference for a
person of the same sex; however the law requires that the disorder or state of being gay or
lesbian incapacitating such person must be existing at the time of the celebration of the
marriage)

2007

Occupation v. possession (occupation can take place only with respect to property without an
owner while possession can refer to all kinds of property, whether with owner or w/o an
owner; occupation itself when proper confers ownership but possession does not itself give rise
to ownership)

illegal and impossible conditions SD v. illegal and impossible onerous donation (illegal and
impossible donations in SD are considered not written. Such conditions shall therefore be
disregarded but the donation remains valid art. 727 NCC; illegal and impossible conditions
imposed in an onerous donation shall annul the donation art.1183 are governed by the law on
contracts art.733 NCC)

property (the platform is an immovable property under art.415 of NCC which provides that
docks and structures which although floating are intended by their nature and object to remain
at a fixed place on a river, lake or coast)

property (the equipment and living quarters of the crew are immovable property under art.415,
classifies as an immovable everything attached to an immovable in a fixed manner, in such a
way that it cannot be separated therefrom without breaking the material or deterioration of
the object; machinery, receptacles, instruments or implements intended by the owner of the
tenement for an industry or works which may be carried on in building or on a piece of land
which tend directly to meet the needs of the said industry or works)

property (trees, plants and flowers planted in the garden area of the platform are immovable
property under art.415 NCC which classifies as an immovable property; trees, plant and
growing fruits, while they are attached to the land or form an integral part of an immovable)

concept of trust de son tort or constructive trust (CT is a trust not created by any word or
phrase, either expressly or impliedly, evincing a direct intention to create a trust, but is one that
arises in order to satisfy the demands of justice; it does not come about by agreement or
intention but mainly operation of law and construed as a trust against one who by fraud, duress
or abuse of confidence, obtains or holds the legal right to property which he ought not, in
equity and good conscience to hold)

doctrine of discovered peril; doctrine of last clear chance (the doctrine of last clear chance
states that where the plaintiff was guilty of prior or antecedent negligence but the defendant,
who had the ultimate opportunity to avoid the impending harm failed to do so, it is the
defendant who is liable for all the consequences of the accident notwithstanding the prior
negligence of the plaintiff)

LTD (governing law relating to registration and acquisition of law is land registration act as
amended by property registration decree)

Properties not registrable (1. Properties of public dominion; 2. Prop. For public use or public
service; 3. Inalienable lands of the public domain; 4. Military installations, civil and quasi-public
lands; 5. All lands not classified as alienable and disposable)

Obligations without an agreement (obligations that do not arise from contracts such as those
arising from 1. Delicts; 2. Quasi-delicts; solution indebiti; 3.negotiorum gestio; 4.all other
obligations arising from law)
Probate (probate must be denied since the requirement that the testator and at least three
witnesses must all sign in the presence of one another was not complied with; one who
notarized the will is disqualified a as witness hence cannot be counted as one of the three
witness; thumbmark intended by the testator to be his signature in executing his last will and
testament is valid; if the witness could not have possibly seen the testatrix and the other
witnesses sign the will by merely casting her eyes in the proper direction)

Lex rei sitae (art.16 of NCC which states real property as well as personal property is subject to
the law of the country where it is situated; contract of sale is not void but merely voidable
under the NCC)

Prescriptive period (the five year prescriptive period for filing legal separation runs from the
occurrence of each act of sexual infidelity)

Absolute community of property (ACP is liable for the ante-nuptial debts of either spouse in so
far as the same redounded to the benefit of the family art. 94 FC)

Annulment (physical incapability to consummate the marriage is a valid ground for the
annulment of marriage if such incapacity was existing at the time of the marriage, continues
and appears to be incurable; marriage may be annulled on this ground within five years from its
celebration art.45 FC)

Marriage (marriages between stepbrother and stepsisters are not among the marriages
prohibited under FC)

Donation (under at. 78 of NCC the donation and acceptance of a movable worth more than
5000 must be in writing, otherwise the donation is void. The donation being void; donation is
also void for not being in writing)

Acquisitive prescription (under 1132 NCC ownership of movables prescribes through

continuous possession for four years in good faith and for 8 years without need of any other
conditions; void donation may be the basis of possession in the concept of owner and of just
title for purposes of acquisitive prescription)

Necessary deposit (a deposit made in compliance with a legal obligation)

Antichresis (written contract with a stipulation that the debt will be paid through receipt of the
fruits of an immovable; it involves the payment of interest if owing)

Insolvency law (an assignee has no responsibility of ensuring that a debtor corporation operate
the business efficiently and effectively while the proceedings are pending)

Insolvency proceeding (in order to obtain approval of the proposed settlement, 2/3 of the
number of creditors representing 3/5 of the total liabilities must approve the same)
Succession (an adopted child will inherit as a legitimate child of decedent and the adopted child
has all the rights of a legitimate child; an illegitimate child is not barred by art. 992 because her
mother is herself illegitimate and will represent as regards mothers legitime under art. 992 of
NCC and intestate share under art.990)

Succession (an adopted child cannot represent LC because adoption creates a personal legal
relation only between the adopter and adopted; the law on representation requires the
representative to be a legal heir of the person he is representing and also the person from
whom the person being represented was supposed to inherit adoption created a purely legal
relation between the adopter and the adopted)

Succession (being illegitimate children they cannot inherit ab intestate from the legitimate
relatives of their father or mother)

2008

Marriage (if the missing husband was in fact dead at the time the second marriage was
celebrated the second marriage was valid; actual death of a spouse dissolves the marriage ipso
facto whether or not the surviving spouse had knowledge of such fact; a declaration of
presumptive death even if obtained will not make the marriage voidable because presumptive
death will not prevail over the fact of death; if the missing husband was in fact alive when the
second marriage was celebrated, the second marriage was void ab initio because of a prior
subsisting marriage; had the spouse obtained a declaration of presumptive death the second
marriage would have been voidable; misrepresentation of citizenship and legal capacity and
holding of ceremony outside the jurisdiction of the solemnizing officer are all irregularities
which do not affect the validity of the marriage)

Unborn child (an unborn child may be designated as the beneficiary in the insurance policy of
the mother; an unborn child shall be considered a person for purposes favorable to it provided
it is born later in accordance with the CC; there is no doubt that the designation of the unborn
child as a beneficiary is favorable to the child)

Presumption (if the baby was not alive when completely delivered from the mother’s womb, it
was not born as a person, then the question of who between two persons survived will not be
an issue; since the baby had an intra uterine life of more than 7 months, it would be considered
born if it was alive at the time of its complete delivery from the mother’s womb.; if the baby
was alive when completely delivered from the mother’s womb, then it was born as a person
and the question who survived between the baby and the mother shall be resolved by rules of
court on survivorship)

Marriage (marriage was void because there was no marriage license; their marriage was not
exempt from the requisite of a marriage license because they were not cohabiting for at least 5
continuous years before the celebration of their marriage; their lovers tryst and brief visitation
did not amount to cohabitation; SC held that for the marriage to be exempt from license, there
should be no impediment for them to marry each other during the entire 5 years of
cohabitation)

Filiation (child having been born during the marriage of spouse she is presumed to be the
legitimate child of spouses; such presumption became conclusive because the period of time to
impugn her filiation had already prescribed)

Filiation (child cannot impugn her own filiation; the law does not allow a child to impugn her
own filiation; legitimate filiation was accorded to her by operation of law which may be
impugned only by the father or his heirs in cases provided by law within the prescriptive period)

Legitimated (under FC only children conceived or born outside of wedlock of parents who at the
time of conception of the child were not disqualified by any impediment to marry each other,
may be legitimated)

Entries (judicial action cannot be maintained to change the status of child from legitimate to
illegitimate child; child is presumed under the law as the legitimate child of spouses change of
status will amount to indirect impugnation of her filiation)

Entries (judicial action to change the surname of fathers surname to the maiden surname is also
not allowed; being presumed to be the legitimate child it is required by law to registered under
the surname of husband; while it is true registered surname is erroneous, judicial action for
correction of entry to change the surname to that of maiden surname will be erroneous; a
judicial action to correct an entry in the birth certificate is allowed to correct an error and not
to commit another error)

Entries (under RA 9048 only typographical errors are allowed to be corrected administratively;
the change of status from legitimate to illegitimate is not a typographical error and even
assuming that it is, its administrative correction is not allowed under RA 9048. Typographical
errors involving status, age, citizenship, and gender are expressly excluded from what may be
correct administratively; change of surname is also not allowed administratively RA 9048
provides for administrative procedure for change of first name only and not change of
surname)

Filiation (child cannot be legitimated since at the time she was conceived and born her
biological parents could not have validly married each other)

Adoption (while a person of age may not be adopted; child fall within two exceptions 1. She is
an IC and she is being adopted by her illegitimate father to improve her status; 2. Even on the
assumption that she is not an illegitimate child of the father, she may still be adopted although
of legal age because she has been consistently considered and treated by the adopter as his
own child since minority; spouses cannot adopt jointly if they are not married to each other)
Support (father can claim support from all of his children except to a person not his child,
legitimate, illegitimate or adopted)

Support (half-blood brothers and sisters and full-blood sisters can ask for support from each
other)

Co-ownership (co-owner can ask for the demolition of house on the portion to allotted to her in
the partition; the lot is presumed to be a community property as it was acquired during the
marriage; upon death of the decedent there was created a co-ownership by operation of law
among the widow and four children; the act of building on ¼ of the lot is an act requiring
unanimous consent of all the co-owners since it is an act of alteration)

Co-ownership (BPS cannot legally insist on purchasing the land since the rules in BPS are not
applicable to co-ownership. Rules applicable to co-owners are acts of alteration or acts of
ownership on one hand and acts of mere administration on the other; if a co-owner acted in
bad faith and demolition is one of the three options to an owner; it is the owner of the land not
BPS who has the options, even if both acted in bad faith or good faith)

acquisitive prescription (ordinary AP which requires just title and good faith art.1117 CC; there
was just title because a deed of sale was issued in his favor even though it was forged, which
fact he was not aware of; he needs to possess the land in good faith and in the concept of an
owner for a total of 10 years in order to acquire ownership)

possessor in good faith (a possessor in good faith cannot be made to account for the fruits he
gathered before he was served with summons; a possessor in GF is entitled to the fruits
received before the possession was legally interrupted by the service of summons art.544 CC;
after being served with summons possessor becomes in bad faith and BPS in bad faith can also
be made to account for the fruits but he may deduct expenses for production gathering and
preservation of the fruits art. 443 CC)

standing crops (the value of standing crops must be prorated depending upon the period of
possession and the period of growing and producing the fruits art 443 CC)

hidden treasure (it is money jewelry or other precious objects the ownership of which does not
appear art.439 CC; if the ownership is no longer apparent property may legally be considered as
hidden treasure; the finder since not a trespasser is entitled to ½ and owner is entitled to the
other half; since the hidden treasure has historical value the government may acquire them at
their just price which in turn will be divided equally by finder and owner)

hidden treasure (will be part of the absolute community or conjugal property of the respective
marriages art. 91, 93 and 106 of the FC)

accretion (under art. 457 of CC the lands came into being over the years through the gradual
deposition of soil and silt by the natural action of the waters of the river; in order that the
riparian owner may be entitled to the alluvium the deposition must occur naturally without the
intervention of the riparian owner)

accretion (they have to bring their lands under the operation of the Torrens system of land
registration following the procedure prescribed in PD NO 1529)

land of public domain (one cannot validly claim to the price of dry land that resulted from the
dumping of rocks and earthly materials from their properties because it is reclamation w/o
authority; the land is part of the lakeshore, if not the lakebed, which is inalienable land of the
public domain)

preterition (under art. 854 of NCC no preterition because wife was not related in the direct line;
since there is an intestate portion in decedent estate from which wife will inherit as an
intestate heir; she was not totally excluded or omitted from the inheritance; to be preterited,
the heir who must be a compulsory heir in the direct line should be totally excluded from the
inheritance; the heir will not receive anything by will or by intestacy and has not received any
advance by way of donation inter vivos; the effect of preterition is simply to annul the
institution of an heir made in the will; legacies and devises are respected unless they are
inofficious)

probate (art. 805 of the CC provides that the will must be subscribed at the end thereof by the
testator, and subscribed at the end thereof by the testator, and subscribed by three or more
credible witnesses in the presence of the testator and of one another; the testator and the
instrumental witnesses of the will shall also sign each and every page of the will proper except
the last on the left margin and all the pages shall be numbered correlatively in letters placed on
the upper part of each page; it has been held that the testator signature is not necessary in the
attestation clause and that if a will consists of two sheets, the first of which contains the
testamentary dispositions, and is signed at the bottom by the testator and the three witnesses,
and the second sheet contains the attestation clause)

disinheritance (the fact that the daughter ran off with a married man is a valid ground for
disinheritance under CC; one of the ground of disinheritance of a descendant is when the
descendants leads a dishonorable or disgraceful life art. 919 CC)

joint will (the will cannot be admitted to probate since joint wills are void under NCC; and even
if the joint will executed by Filipinos abroad where valid where it was executed; joint will is still
not valid in the Philippines)

will (if the will is void all testamentary dispositions contained in that will are also void)

testamentary prohibition (art.494 of the NCC provides that a donor or testator may prohibit
partition for a period which may not exceed twenty years)
succession (if the savings came from wages and salaries that person owned during the law that
he was cohabitating with his common law wife, and there was no impediment for them to
marry each other, the savings shall be owned by them in equal shares under art. 147 of the FC;
thereof the half shall belong to the common-law wife as her share in the co-ownership, while
the other half will be inherited by his mother and two IC; common law wife is not a legal heir of
decedent because they were not legally married)

fideicommissary substitution (when an obligation to preserve and transmit the property to child
was imposed on the mother the testator intended to create a fideicommissary substitution
where the mother is fiduciary and child is the fideicommissary; having complied with the
requirements of art. 863 and 869 NCC the fideicommissary substitution is valid)

fideicommissary substitution(if the fideicommissary predeceases the fiduciary the FS is

rendered null and void or ineffective under art. 863 of NCC and applying art. 868 the
fideicommissary clause is disregarded w/o prejudice to the validity of the institution of the
fiduciary)

FS (in a FS, the intention of the testator is to make the second heir his ultimate heir; the right of
the second heir is simply postponed by the delivery of the inheritance to the first heir for him to
enjoy the usufruct over the inheritance; hence when the first heir predeceased the testator, the
first heir did not qualify to inherit and the right of the second heir to receive the inheritance will
no longer be delayed provided the second heir is qualified to inherit at the time of the testator
death; in FS the first and second heir inherit from the testator hence both should be qualified to
inherit from the testator at the time of death)

Will (a blind man is not expressly prohibited from executing a will; in fact art.808 of the NCC
provides for additional formality when the testator is blind; blind may not make a holographic
will in braille because the writing in braille is not a handwriting; a holographic will to be valid
must be written entirely, signed and dated by the testator in his own handwriting)

Witness (a blind man is disqualified by law to be a witness to a notarial will)

Blind man (in case a blind man executes a notarial will, it has to be read to him twice; first by
one of the instrumental witnesses, and second by the notary public before whom the will was
acknowledged)

Legal compensation (creditor can validly assert partial compensation of both debts but it should
be facultative compensation because not all of the five requisites of legal compensation are
present art. 1279 NCC; banks have the inherent right to set off where both obligations are due
and demandable)

Waiver (the waiver of prior demand in the PN is against public policy and violates the right to
due process; w/o demand there is no default and the foreclosure is null and void; requirement
under art. 3135 for a valid foreclosure of real estate mortgage is absent; SC held that the issue
of whether demand was made before the foreclosure was effected is essential if demand was
made and duly received by the respondents and the latter still did not pay, then they were
already in default and foreclosure was proper, however if demand was not made, then the
loans had not yet become due and demandable)

Novation (none of the 3 kinds of novation is applicable; there is no objective novation, whether
express or implied, because there is no change in the object or principal conditions of the
obligation; there is no substitution of debtors)

Recession (it is a relief allowed for the protection of one of the contracting parties and even
third persons from all injury and damage the contract of sale may causes or the protection of
some incompatible and preferred right)

Laches (if one is led to believed he could pay by cashier’s check on such person is guilty of
estoppel by laches; cashier’s check is not legal tender until it is encashed)

Unjust enrichment

Payment (under the law payment can only be in Philippine currency as it would be against
public policy null and void and no effect; however RA 8183 payment may be made in the
currency agreed upon by the parties, and the rate of exchange to be followed is at the time of
payment)

Fortuitous event (labor unrest is not a fortuitous event that will excuse a corporation from
complying with its obligation of constructing the facility; labor unrest is not the direct cause of
non-compliance of its obligation, it is independent of its obligation; the requisites of fortuitous
event are 1. The event must be independent of human will or at least of the debtors will; 2. The
event could not be foreseen or if foreseen is inevitable; 3. The event must rendered impossible
for debtors compliance of the obligation in a proper manner; 4. The debtor must not be guilty
of concurrent negligence)

Rescission (the provision of art.1191 of the CC providing for rescission in reciprocal obligations
can only be invoked judicially)

Principle of quantum meruit (the obligee has the right to retain payment corresponding to his
percentage of accomplishment less the amount of damages suffered because of the delay or
default)

Purchaser in good faith (under the Torrens system a buyer of registered lands is not required by
law to inquire further than what the Torrens certificate indicates on its face; if a person
proceeds to buy it relying on the title, that person is considered a buyer in GF; the priority in
time rule cannot be invoked by the bank because the foreclosure sale of land In favor of the
bank was recorded under act no. 3344 the law governing transactions affecting unregistered
land and does not bind the land)
Movables (unless there is a contrary stipulation in the absolute deed of sale; buyer of land owns
the movables covered by the deed of sale and her ownership is perfected by the execution and
delivery of public document of sale; the delivery of the absolute deed of sale is a symbolical
delivery of the house and lot, including the contents of the house; this is an obligation to deliver
a specific thing, which includes the delivery of the specific thing itself and all of its accessions
and accessories even though they may not have been mentioned art. 1166 CC)

2009

Doctrine of processual presumption (allows the court of forum to presume that the foreign law
applicable to the case is the same as the local or domestic law; if the foreign law necessary to
resolve an issue is not proven as a fact, the court of forum may presume that the foreign law is
the same as the law of the forum)

Reserve troncal (not all of the relatives within the third degree will inherit as reservatario, and
not all of those who are entitled to inherit will inherit in equal shares; the applicable laws of
intestate succession will determine who among the relatives will inherit as reservatarios and
what shares they will take; the direct line excludes the collateral, the descending direct line
excludes the ascending, the nearer excludes the more remote, the nephews and nieces exclude
the uncles and the aunts, and half blood relatives inherit half the share of full-blood relatives)

Oral partnership (it is valid since partnership is a consensual contract valid even though not in
writing)

Guaranty (an oral contract of guaranty, being a special promise to answer for the debt of
another, is unenforceable unless in writing art.1403 NCC)

Legitimation (to be legitimated, the law does not require a child to be alive at the time of the
marriage of his parents art.177; furthermore art.181 of the FC states that the legitimation of
children who died before the celebration of marriage will benefit their descendants; does not
preclude instances where such legitimation will benefit no one but the child’s ascendants or
other relatives)

Succession (there being no evidence to prove otherwise, and there shall be no transmission of
rights from one to the other art. 43 NCC; rule 131 on survivorship is the 70yrs old is presumed
to have died ahead of presumably between the ages 15 and 60; having survived the insured
sons right as a beneficiary became vested upon the death of the father which in turn is
inherited by his legal heirs)

Marriage (the marriage is void when the formal requisite of marriage ceremony is absent art. 3
FC; marriage also void when consent of parties freely given in the presence of the solemnizing
officer art. 2 FC)
IC (status of children born outside a valid marriage are deemed illegitimate children)

Property regime (the marriage being void, the property relationship governed their union is
special co-ownership under art. 147 of the FC; this is on the assumption that there was no
impediment for them to validly marry each other)

Marriage (the divorced obtained by a naturalized citizen of another country is recognized and
valid in the Philippines because she is now considered a foreigner; Philippine personal laws do
not apply to a foreigner; divorce obtained by a foreigner is recognized in the Philippines if
validly obtained in accordance with his or her national law)

Spouse (who was divorced may dissolve and liquidate his property relations with the foreigner;
if he intends to remarry, he may file a petition for the recognition and enforcement of the
foreign judgement of divorce)

Marriage (under art. 26 of FC, the Filipino spouse to have capacity to remarry, the law expressly
requires the spouse who obtained the divorce to be a foreigner at the time of the marriage.
However the SC ruled that a Filipino spouse is given the capacity to remarry even though the
spouse who obtained the divorce was a Filipino at the time of the marriage; if the latter was
already a foreigner when the divorce was obtained abroad; according to the court, to rule
otherwise will violate the equal protection clause of the constitution)

Presumption (children born during the marriage are considered legitimate children of the said
spouses; this status is conferred on the at birth by law; under Philippine law, a person cannot
have more than one natural filiation. The legitimate filiation of a person can be changed only if
the legitimate father will successfully impugn such status)

Probate of will (the holographic will may be probated in the Philippines because there is no
public policy violated by such probate; the only issue at the probate is the due execution of the
will which includes the formal validity of the will; as to the formal validity the only issue the
court will resolve is WON the will was executed in accordance with the form prescribed by law
observed by the testator in the execution of the will; an alien testator may observe the law of
the place where the will was executed art. 17 NCC or the formalities of the law of the place
where he resides, or according to the formalities of the law of his own country, or in
accordance with CC art. 816 NCC; the subsequent change in the citizenship of a person do not
affect the law governing the validity of the will under the NCC which was used at the time of
execution of the will shall govern the formal validity)

Succession (the national law of the testator determines who his heirs are the order that they
succeed, how much their successional rights are and WON a testamentary disposition in his will
is valid art. 16 NCC)

Succession (having died intestate, the estate of decedent shall be inherited by his wife and his
full and half-blood siblings or their respective representatives. In intestacy, if the wife concurs
with no one but the siblings of the husband, all of them are the intestate heirs of the deceased
husband; the wife will receive half of the intestate while the siblings or their respective
representatives, will inherit the other half to be divided among them equally; if some siblings
are of full-blood and the others of half-blood, a half-blood sibling will receive half the share of a
full blood sibling)

Succession (if survived by his wife, a half-sister and three nephews of a deceased full-blood
brother; the wife will receive one half of the estate; the other half shall be inherited by one full-
brother, represented by his 3 children and the half-sister; they will divide that other just half
the share of the full-blood brother; the share of the full-blood brother shall in turn be inherited
by the 3 nephews in equal shares by right of representation)

Lease (while it is true that the said lease contracts were not registered and annotated on the
title of the property, the new owner is still not an innocent purchaser for value; he ought to
know the existence of the lease because the building was already occupied by the tenants at
the time he bought it; applying the principle of caveat emptor, he should have checked and
known the status of the occupants or their right to occupy the building before buying it)

Sale through fraud (the following actions may be instituted to the fraudulent lawyer; 1. Civil
action for damages for the fraudulent transfer of the title in his name and to recover the value
of the property; 2. An action against the national treasurer for compensation from the state
assurance fund which is set aside by law to pay those who lose their land or suffer damages as a
consequence of the operation of the Torrens system; 3. Criminal action for forgery or
falsification of public document; 4. a complaint with the SC to disbar or suspend him or other
disciplinary action for violation or the code of professional ethics; any action to the innocent
purchaser for value will not prosper; the title to the land he bought was already in the name of
the person who sold the property to him and there is nothing on the title which will make him
suspect about the fraud committed)

Presumption in damages (owner may be held liable for damages if he fails to prove that he
exercised the diligence of a good father of a family art. 2180 NCC in selecting and supervising
his family driver; the owner is presumed liable unless he proves the defense of diligence; if the
driver was performing his assigned task when the incident happened, the owner shall be
solidary liable with the driver; in case the driver is convicted of reckless imprudence and cannot
pay civil liability, owner is subsidiarily liable for the damages awarded against the driver and the
defense of diligence is not available)

Presumption (if the owner of the car was in the car at the time of incident; if he could have
prevented the misfortune by the use of due diligence in supervising his driver but failed to
exercise it; in such a case his liability is solidary with his driver; when the owner is inside the
vehicle, he becomes liable only when it is shown that he could have prevented the misfortune
by the use of due diligence art. 2184 NCC; for the owner to be held liable, the burden of proving
that he could have prevented the misfortune rests on the shoulder of the victim)
Prohibited clauses (CC provides that any clause giving one of the parties power to choose more
arbitrators that the other is void and of no effect art. 2045 NCC)

Adulterous relationship art. 148 (in an adulterous relationship, the salary of a married partner
belongs to the absolute community or conjugal partnership of such married partner with his or
her lawful spouse; under art.148 of the FC, the property relations between married partner and
his paramour is governed by ordinary co-ownership where the partners become co-owners only
when they contributed to the acquisition of the property; the paramour is deemed to have not
contributed in the earning of the salary of the married partner)

Negative easement (in NE, acquisitive prescription runs from the moment the owner of the
dominant estate forbade, by an instrument acknowledged before a notary public, the owner of
the servient estate from executing an act which would be lawful w/o the easement art. 621
NCC)

Dacion en pago (under the CC a co-owner may renounce his share in the co-owned property in
lieu of paying for his share in the taxes and expenses for the preservation of the co-owned
property. In effect, there is dacion en pago because the co-owner is discharging his monetary
obligation by paying it with his non-monetary interest in the co-owned property; the fact the he
is giving up his entire interest simply means that he is accepting the value of his interest as
equivalent to his share in the taxes and expenses of preservation)

Donation inter vivos (a person cannot dispose of his corpse through an act inter vivos an act to
take effect during his lifetime; before his death there is no corpse to dispose; but he is allowed
to do so through an act mortis cause, an act to take effect after his death)

Nationality principle (as applied to foreign nationals with respect to family relations and status
of persons the nationality principle set forth in art. 15 of the CC will govern the relations of the
foreign nationals, the nationality principle as expressed in the application of national law of
foreign nationals by Philippine courts is established by precedents)

Sterility (not a ground for annulment of marriage under art. 45 of the FC)

Adoption (if the adopter died after all the requirements under the law have been complied with
and the case is already submitted for resolution, the court may grant the petition and issue a
decree of adoption despite the death of the adopter RA 8552; otherwise the death of the
petitioner shall have the effect of terminating the proceedings)

Adoption (if the adoptee who died, the case should be dismissed death terminates the
proceedings art. 13 domestic adoption law)

Damages (if there is gross negligence in a suit for quasi-delict exemplary damages could be
awarded)
Use of surname (under the FC, an illegitimate child was required to use only the surname of the
mother; under RA 9255, otherwise known as Revilla law the illegitimate child is given the option
to use the surname of the illegitimate father when the latter was recognized the former in
accordance with law)

bank deposit (a BD is a contract of loan, where the depositor is the creditor and the bank the
debtor; if the loan contact has no acceleration clause in case of default bank cannot
compensate the whole amount of the obligation in case of default)

accretion; extraordinary acquisitive prescription (since the accretion was deposited on his land
by action of waters of the river and did not construct any structure to increase the deposition of
soil and silt riparian owner automatically owns the accretion; his real right of ownership is
enforceable against the whole world including farmworkers; the unregistered land is subject to
acquisitive prescription by third persons; farmworkers are not possessors in the concept of
owners but in concept of mere holders even they possessed the land for more than 30 years
they cannot become owners thereof through extraordinary acquisitive prescription because the
law requires possession in the concept of owner; payment of taxes and tax declaration are not
enough to make their possession one in the concept of owner; they must repudiate the
possession in the concept of holder by executing unequivocal acts of repudiation amounting to
ouster of the owner and must be proven by clear and convincing evidence only then would
their possession be adverse)

possessor in bad faith (he has the right to deduct from the value of the fruits the expenses for
production, gathering and preservation of the fruits art. 443 NCC and may also ask for
reimbursement of the taxes he has paid, as these are charges on the land owned by owner
based on quasi-delict art. 2175 NCC)

pactum commissorium (which provides for the automatic appropriation by the pledgee of the
thing pledged in case of default by the pledgor)

pledge (while the contract of pledge is valid, the stipulation authorizing the pledgee to
immediately sell the thing pledge is void under art. 2088 of the NCC which provides that the
creditor cannot appropriate the things given by way of pledge or mortgage, or dispose of them;
it must be foreclosed by selling it at a public auction in accordance with the procedure under
art. 2112 of the NCC)

condominium (buyer of a condominium may legally sue for partition by sale of the whole
condominium project under the ff. conditions 1. The damage or destruction caused by the
earthquake has rendered one half or more of the units therein untenantable; 2. That the
condominium owners holding an aggregate of more than 30 percent interest of the common
areas are opposed to the restoration of the condominium project RA no. 472)
foreign ownership of lands (the defect in ownership of the property of alien father has already
been cured by its transfer to the naturalized son; it has been validated by the transfer of the
property to a Filipino citizen; hence there is no more violation of the constitution because the
subject real property is now owned by a Filipino citizen; further after the lapse of 35 years,
laches has set in)

change of name (the petition for change of name filed in another country does not concern the
legal capacity or status of the petitioner; moreover it does not affect the registry of any other
country including the country of birth of the petitioner; whatever judgement is rendered in that
petition will have effect only in that country; that court cannot order the civil registrar in the
Philippines to change its records; such judgement will limit the records of the petitioner in that
country; petition for change of name is not one of those covered by the principles of
nationality)

alien change of name (Philippine law will apply since petition for change of name in the
Philippines will affect only the records of the petitioner and his transactions in the Philippines;
the Philippine court can never acquire jurisdiction over the custodian in the US; change of name
has nothing to do with legal capacity or status of the alien; SC has reiterated in several cases
that the lex patriae as provided in art. 15 of CC is applicable to foreign nationals in determining
their legal status)

2010

Divorce (the SC held that for a Filipino spouses to have capacity to contract a subsequent
marriage, it must also be proven that the foreign divorce obtained by the foreigner spouse gives
such foreigner spouse capacity to remarry)

Prohibition in the will (the other co-heirs may not at any time demand the partition of the
house and lot since it was expressly provided by the decedent in his will that the same cannot
be partitioned while his youngest child desires to stay there; art. 1083 of the NCC allows a
decedent to prohibit by will the partition of a property in his estate for a period not longer than
20 years no matter what his reason may be; even if the deceased parent did not leave a will, if
the house and lot constituted their family home, art. 159 of the FC prohibits its partition for a
period of 10 years or for as long as there is a minor beneficiary living in the family home)

Damages (both the owner and engineer of the building may liable for breach of contract in a
lease and the engineer may be liable for tort or statutory liability; under the art. 1654 NCC the
lessor is obliged to make all the necessary repairs in order to keep the leased property suitable
for the use to which it has been devoted consequently under art.1659 NCC the proprietor of a
building or structure is responsible for the damages resulting from its total or partial collapse if
it is due to lack of necessary repairs; under art.1723 NCC the engineer or architect who drew up
the plans and specifications for a building is liable for damages if within 15 years from the
completion of the structure the same should collapse by reason of a defect in those plans and
specifications or due to the defects in the ground; this liability ay be enforced against the
architect or engineer even by a third party who has no privity of contract with the architect or
engineer under art. 2192 NCC)

Hidden treasure (the general rule is that the treasure shall belong to the owner of the land;
under art. 438 NCC the exception is that when the discovery of a hidden treasure is made on
the property of another and by chance, one half thereof shall belong to the owner of the land
and the other half to the finder; since while being a trespasser the finder is entitled to a share
because finding was not by chance)

Donation (since donation covered an immovable property, the donation and acceptance must
be in a public document; an email is not a public document; the acceptance by the donee’s
father alone or mother alone even though in a public instrument, is not sufficient because the
father and the mother did not have a special power of attorney for the purpose; under art.745
NCC the donee must accept the donation personally or through an authorized person with a
special power of attorney for the purpose otherwise the donation shall be void; donation
cannot be accept the donation anytime at his convenience under art.749 NCC the donee may
accept the donation only during the lifetime of the donor)

Witness (the validity of the will is not affected by the legacy in favor of the son of an attesting
witness to the will; however said legacy is void under art.823 NCC; under art. 823NCC the
legacy given in favor of the son of an instrumental witness to a will has no effect on the validity
of the will)

Guaranty v. suretyship (the obligation in guaranty is secondary; in suretyship it is primary; in

guaranty, the undertaking is to pay if the principal debtor cannot pay; in suretyship the
undertaking is to pay if the principal debtor does not pay; in guaranty the guarantor is entitled
to the benefit of excussion whereas in suretyship the surety is not so entitled; liability in
guaranty depends upon an independent agreement to pay the obligations of the principal if he
fails to do so; whereas in suretyship the surety assumes liability as a regular party; the
guarantor insures solvency of the principal debtor whereas the surety insures the debt; in
guaranty the guarantor is subsidiarily liable; whereas in suretyship the surety binds himself
solidarily with the principal debtor)

Quasi tort (legal concept upholding the doctrine that some legal duty exists that cannot be
classified strictly as personal duty (that is resulting in a tort), nor as a contractual duty (thus
resulting in breach of contract), but rather some other kind of duty recognizable by law)

Conflict of laws (statute theory there is a domestic law authorizing the local court to assume
jurisdiction; comity theory the local court assumes jurisdiction based on the principle of comity
or courtesy; public order to maintain peace and order disputes that disturb the peace of the
forum should be settled by the courts of the forum even though the application of a foreign law
is necessary for the purpose; humanitarian principle an aggrieved party should not be left w/o
remedy in a forum even though the application of a foreign law by the courts of the forum in
unavoidable in order to extend relief)
Filiation (father can impugn the status of daughter by another man as his legitimate daughter
on the ground that for biological reason he could not have been the father of the child a fact
that may be proven by the DNA test; having been born during their marriage the daughter of
another man is presumed as the child of the one impugning the status under art.164 FC; he can
also pray the correction of status of the said daughter in her record of birth)

Filiation (if the presumed father acquiesces and does not file the action to impugn the
legitimacy of the child within the prescriptive period for doing so in art.170 of the FC; the
daughter by another man shall be conclusively presumed as their legitimate daughter)

Support (the spouse can still ask for support from her husband during the pendency of the
action, the marriage between them is considered still subsisting art. 68 FC; being considered
still married to each other the spouses still have the obligation to support each other; the
compromise agreement cannot operate to waive future support when needed art.2035 CC;
after the compromise agreement was approved by the court, the properties of the marriage
were distributed, there remained no more common properties of the spouses while art. 198 of
the FC appears to limit the source of support to the common properties of the said marriage in
case of the pendency of an action to declare the nullity of marriage, art. 94 and 121 indicate
otherwise the spouses remain personally and solidarily liable with their separate properties for
support even though, for whatever reason, there are no more community or partnership
properties left; the judgement based on the compromise dissolving the property relations does
not bar form asking support pendente lite; the dissolution of the property relations of the
spouses did not terminate the obligation between them to support each other; the declaration
of the nullity of their marriage is what terminates the right of spouses as his spouse)

Support (the children can still ask for support for schooling, or training for some profession,
trade or vocation, even beyond the age of majority until they shall have finished or completed
their education art. 194 FC; their having squandered the money given to them for their
education will not deprive them of their right to complete an education, or to extinguish the
obligation of the parents to ensure the future of their children)

Parental authority (petition for habaes corpus on behalf of mother to recover custody of her
child; since she is the mother of the child that was born out of wedlock, she has the exclusive
parental authority and custody over the child; the other person has no right to have custody of
the child and his refusal to give up custody will constitute illegal detention for which habaes
corpus is proper remedy)

Pari delicto (being in pari delicto., the parties shall be left where they are and cannot demand
the return of what he paid)

Parental authority (the can mother can exercise parental authority; since the child was born out
of wedlock, the child is illegitimate and the mother has the exclusive parental authority and
custody over the child)
Support (if the person voluntarily recognized the child as his illegitimate child in accordance
with article 175 in relation of art. 172 of the FC the child is entitled to support and inheritance)

Property relation (since the marriage was declared void ab initio, no absolute community or
conjugal partnership was ever established between the spouses; their property relation is
governed by special co-ownership under art. 147 of the FC because they were wages and
salaries of the former spouses earned during their cohabitation shall be owned by them in
equal shares while the properties acquired thru their work or industry shall be owned by them
in proportion to their respective contributions; care and maintenance of the family is
recognized as valuable contributions; in the absence of proof as to the value of their respective
contributions they shall share equally; if the property was acquired before he got married he
shall remain the owner of the house and lot and he must reimburse the other spouse for all the
amounts she advanced to pay the purchase price and for he one-half share in the last payment
from their joint income; they undivided co-owners of the house and lot and those properties
where owned or donated before their cohabitation are exclusive properties and also those did
not come from his wage or salary or from his work or industry are exclusive properties)

Retroactive effect (under. Art.256, the Family Code has retroactive effect insofar as it does not
prejudice or impair vested or acquired rights under NCC or other laws)

Adoption (the consent of the 14-year old legitimate child, of the 10-year old illegitimate child
and of the biological mother of the illegitimate child are needed for the adoption RA 8552; the
consent of lea is no longer required because there was already a final decree of legal
separation)

Adoption (if there was no legal separation he can still adopt his illegitimate child but with the
consent of his spouse, of his 14 year old legitimate child, of the illegitimate child and of the
biological mother of the illegitimate child)

Adoption (Philippine law requires husband and wife to adopt jointly except in certain situations
enumerated in the law RA 8552)

Property relation (since marriage was null and void, no absolute community or conjugal
partnership was established between the spouses; their properties are governed by special co-
ownership provision of art.147 of the FC because the spouses were capacitated to marry each
other; the said article provides that when a man and a woman who are capacitated to marry
each other, live exclusively with each other as husband and wife without the benefit of
marriage, or under a void marriage 1. Their wages and salaries shall be owned by them in equal
shares 2. Property acquired by both of them through their work or industry shall be governed
by rules of co-ownership; in co-ownership the parties are co-owners if they contributed
something of value in the acquisition of the property; their share is in proportion to their
respective contribution; in art.147 special co-ownership care and maintenance is recognized as
a valuable contribution which will entitle the contributor to half of the property acquired; art.
147 also provides that when a party to the void marriage was in bad faith, he forfeits his share
in the co-ownership in favor of the common children or descendants. In default of children or
descendants the forfeited share shall belong to the innocent party)

Filiation (child conceived and born outside a valid is considered illegitimate; under the art 178
of the FC legitimation shall take place by a subsequent valid marriage between parents; the
annulment of voidable marriage shall not affect the legitimation; the inclusion of the
underscored portion in the art. Necessarily implies that the article’s application is limited to
voidable marriages it follows that when the subsequent marriage is null and void)

Succession (legal heirs are his children by first and second marriage and surviving second wife;
if the nullity of the first marriage was psychological incapacity of one or both spouses, the
children of that void marriage are legitimate and all of the legal heirs shall share the estate in
equal shares; if the judgement of nullity was for other causes, the children are illegitimate and
the estate shall be distributed such that an illegitimate child of the first marriage shall receive
half the share of a legitimate child of the second marriage will inherit a share equal to that of a
legitimate child; in no case may the two legitimate children of the second marriage receive a
share less than one-half of the estate which is their legitime; when the estate is not sufficient to
pay all the legitims of the compulsory heirs, the legitime of the spouse is preferred and the
illegitimate children suffer the reduction)

Succession (the presumptive legitime received by the children of the first marriage shall be
collated to the estate and shall be imputed as an advance on their respective inheritance from
decedent)

Special parental authority (being a minor art. 218 the school, its administrators and teachers
shall be liable for the acts of the minor because of the special parental authority and
responsibility that they exercise over him; this authority applies to all authorized activities
whether inside or outside the premises of the school entity or institution; the parents are
subsidiarily liable pursuant to art. 219 FC and principally liable under art. 221 of FC if they were
negligent)

Damages (with respect to the damage to the property the tortfeasor should be held liable
because his negligence or tortious act was the sole, proximate and immediate cause thereof)

Right of way (right to demand activation of right of way 1. An easement of right of way is a real
right which attaches to and is inseparable from the estate to which it belongs; 2. The sale of the
property includes the easement or servitude, even if the deed of sale is silent on the matter; 3.
The vendee of the property in which a servitude or easement exists cannot close or put up
obstructions thereon to prevent the dominant estate from using it; 4. Working abroad for more
than ten years should not be construed as non-user because it cannot be implied from the facts
that she or those she left behind to cultivate the lot no longer use the right of way; since a right
of way is a discontinuous easement, the period of 10 years of non-user shall be computed from
the day it ceased to be used under art.634 CC; 5. Renunciation or waiver of an easement must
be specific, clear, express and made in a public instrument in accordance with art. 1358 of NCC;
a voluntary easement of right of way, like any other contract, could be extinguished only by
mutual agreement or by renunciation of the owner of the dominant estate; like in any other
contract an easement is generally effective between parties, their heirs and assigns except in
case where the rights and obligations arising from the contract are not transmissible by their
nature, or by stipulation or by provision of law)

Right of way (the essential elements of a legal right of way under art. 649 and 650 of the NCC
are complied with owner of the land has the option to demand a right of way on any of the
remaining lots)

Possessor of an animal (POA or whoever may make use of the same is responsible for the
damage which it may cause, although it may escape or be lost; this responsibility shall cease
only in case the damages should come from force majeure or from the fault of the person who
has suffered damage art. 2183 NCC)

Partnership (when any partner dies and the business is continued w/o any settlement of
accounts as between him or his estate, the surviving partners are held liable for continuing the
business despite the death of that partner)

Partnership (creditors can file the appropriate actions for action for collection of sum of money
against the partnership at will and if there are no sufficient funds, the creditors may go after the
private properties of the partners left; the creditors may also sue the estate the dead partner;
the estate is not excused from the liabilities of the partnership even if partner is dead already
but only up to the time that he remained a partner; however the liability of dead partner shall
be subject first to the payment of his separate debts)

Sale (the law provides that when a piece of land or any interest therein is through an agent, the
authority of the latter shall be in writing; otherwise the sale shall be void; SC held that in a sale
of real estate the execution of a notarial document of sale is tantamount to delivery of the
possession of the property sold; it may also be mentioned that under act 3344 no instruments
or deed establishing, transmitting, acknowledging, modifying, or extinguishing right to real
property not registered under act 496 shall be valid except as between the parties)

2013

Marriage (the psychological incapacity under art.36 of the FC must be characterized by

1.gravity; 2. Juridical antecedence; 3. Incurability; it is not enough to prove that the parties
failed to meet their responsibilities and duties as married persons; it is essential that they must
be shown to be incapable of doing so to some psychological illness; SC did not find the
existence of psychological incapacity in cases where the respondents showed habitual
drunkenness, blatant display of infidelity and irresponsibility or being hooked to gambling and
drugs)
Quasi-delict (under art. 2176 of the CC the requisites for a claim under quasi-delict to prosper
are as follows 1. Act or omission, there being fault or negligence; 2. Damage or injury; 3. Causal
connection between the damage and the act or omission; to prove actual damages, aside from
the testimony of the victim, present his hospital and medical bills, receipts of fees paid and
present income tax return to prove unrealized profits as a result of this temporary injury; based
on art. 2202 in quasi-delicts the defendant shall be liable for all damages which are natural and
probable consequences of the act of omission complained of, it is not necessary that such
damages have been foreseen or could have been foreseen by the defendant moral damages
can be recovered in case of quasi-delict causing physical damages, it must be proved that such
damages were the proximate result of the act complained of; exemplary damages may be
granted if the defendant acted in wanton, fraudulent, reckless, oppressive or malevolent
manner; attorney’s fees may be recovered when exemplary damages are awarded)

Offer acceptance (under art. 1324 when the offeror has allowed the offeree a certain period to
accept, the offer may be withdrawn at any time before acceptance by communicating such
withdrawal, except when the option is founded upon a consideration, as something paid or
promised; an accepted unilateral promise to buy or to sell a determinate thing for a price
certain is binding upon the promisor if the promise is supported by a consideration distinct
from the price art.1479; a consideration in an option contract may be anything of value, unlike
in sale where it must be the price certain in money or its equivalent)

Statute of frauds (covers an agreement for the sale of property or of an interest therein; such
agreement is unenforceable by action, unless the same, or some note or memorandum, thereof
be in writing; here parties merely entered into an option contract, which refers to a unilateral
promise to buy and sell, which need not be in writing to be enforceable; statute of frauds is
applicable only to executory contracts not to contracts that are totally or partially performed)

BPS in good faith (a builder in good faith is someone who occupies the property in the concept
of an owner; the provisions on BPS under CC covers cases in which the BPS believe themselves
to be the owners of the land, or at least to have a claim of title thereto; if the lessee makes in
GF useful improvements which are suitable to the use for which the lease is intended, w/o
altering the form or substance of the property leased the lessor upon the termination of the
lease shall pay the lessee one-half of the value of the improvement at that time, should the
lessor refuse to reimburse said amount, the lessee may remove the improvements even
though the principal thing may suffer damage thereby)

lease (if in removing on the property leased than is necessary, he will be liable for damages art.
1678 CC)

donation inter vivos (when the donor intends that the donation shall take effect during the
lifetime of the donor, though the property shall not be delivered till after the donor’s death this
shall be a donation inter vivos; irrevocable deed is incompatible with the idea of mortis cause
conveyances where revocability is of the essence of the act to the extent that a testator cannot
lawfully waive or restrict his right of revocation)
loan and mortgage (from the point of view of validity and enforceability there would be legal
significance if the mortgage was in a public or private instrument; as for the loan, there is no
legal significance except if interest were charged on the loan, in which case the charging of
interest must be in writing; contract of loan is a real contract and is perfected upon the delivery
of the object of the obligation; thus a contract of loan is valid and enforceable even if it is
neither in private nor in a public document; with regard to chattel mortgage the law requires an
affidavit of good faith stating that the chattel mortgage is supposed to stand as security for the
loan; thus for validity of the chattel mortgage, it must in a public instrument and recorded in
the chattel mortgage register in the registry of deeds; under real estate mortgage under art.
2125 of the CC requires that in order that a mortgage may validly constituted the document in
which it appears must be recorded if the instrument is not recorded the mortgage is valid and
binding between the parties; for validity of both chattel and real estate mortgages, they must
appear in a public instrument; but for purposes of enforceability it is submitted that the form of
the contract whether in a private or public would be immaterial)

payment (a check whether manager check or ordinary check is not a legal tender, and an offer
of a check in payment of a debt is not a valid tender of payment and may be refused receipt by
the obligee or creditors; mere delivery of checks does not discharge the obligation under a
judgement; check shall produce the effect of payment only when they have been cashed or
when through the fault of the creditor they have been impaired art. 1249; it is not necessary
that the right of redemption be exercised by delivery of legal tender; a check may be used for
the exercise of right of redemption, the same being a right and not an obligation. The tender of
a check is sufficient to compel redemption but is not in itself a payment that relieves the
redemptioner from his liability to pay the redemption price; redemption within the period
allowed by law is not a matter of intent but a question of payment or valid tender of full
redemption is being made under art.3135 the mortgagor or his assignee is required to tender
payment to make said redemption valid; in order to effect the redemption of the foreclosed
property, the payment to the purchaser must include the following sums 1. Bid price; 2. Interest
on the bid price; 3. Assessment of taxes if any paid by the purchaser with same rate of interest;
unless there is an express stipulation to the effect, the creditor cannot be compelled to receive
partial payment of the prestation)

easement of right of way

BPS and LO in GF

Prohibition lawyer from acquiring property which may be object of any litigation

Registration procedure

Intestate succession

Right of representation
Iron curtain rule

Adoption

Representation collateral line

Solidary debtors insolvency

Exhaustion of legal remedies guaranty

Mortgage public instrument

Commodatum bailee obliged to pay ordinary expenses; right of retention flaw or defect

Bailee liable for loss even if through FE if he lends or leases to a third person not member of his
household

Share partnership

Limited partnership loss in proportion to what he may contributed

Exhaustion partnership assets

Obligations arising from contract have force of law

Non-compliance promised guaranty or security renders obligation immediately demandable

Reappearance absentee spouse subsequent marriage voidable

Presumption of death

Oral sale of property unenforceable

Possession of MP acquired in GF equivalent to title; pledge

Outside ambit of Statute of frauds there partial performance

Right of first refusal must be embodied written contract

2014

Marriage; psychological incapacity

Period of indivision shall not exceed 20 years

Donation

Contract of sale

Preterition

Decree of Declaration of absolute nullity and annulment of voidable marriages issued only after
liquidation of property does not apply nullity based on art. 36 PI

Deposit; art. 2001 act of robber not deemed force majeure

Right of first refusal; mere option to buy

Maceda law; excluded industrial land

Consignation

Easement acquired by prescription; light and view

Novation

Reserve troncal

Quasi-delict

Apparent sign of easement considered title

Hidden treasure

Beneficiary of family home

Abuse of right

Right of retention

Valid waiver

Avulsion

Application of registration

Acquisitive prescription
Marriage; sex reassignment

Foreigner not required to file petition judicial recognition of decree of divorce

Will constitutes admission of illegitimate filiation

Sublease

Co-ownership

Adoption; husband and wife jointly; exceptions

Partnership

Agency; revocation

2015

Joint will

Will of an alien, who is abroad produces effect in the Philippines if made with formalities
prescribed by place of the law in which he resides
Depecage; nationality principle

Absolute community of property regime administration enjoyment belong to both spouses

jointly

Action recognition status of IC may be brought during the lifetime of alleged parent

Compromise of civil status prohibited

Art. 147 only applies to man and woman

Intestate succession; proximity rule

Adoption

Disappearance under circumstances involving danger of death art. 391

Psychological incapacity

Sale perfection; builders in good faith

Contract of sale; consensual contract

Co-ownership; period of indivision 10 years

Donation; acquisitive prescription

Contract for a piece of work

One of parties incapable of giving consent contract voidable

Remission obtained by one of solidary debtors no reimbursement

Joint obligations

Obligation to do

Joint venture partnership

Vicarious liability; subsidiary liability of owner criminal cases

Demand

Civil and natural obligations

Pactum commissorium

Purchaser in GF from a merchant store

Pledge

Winner collection won in game of chance; illegal consideration

Agency coupled with interest

Implied trust

After filing for registration land subject of dealings

Collateral v. direct

2016

Publication of laws
Legal right interest; from July 2013 new rate 6%

Unliquidated claims damages; interest claim made judicially or extrajudicially

Divorce by an alien

Psychological incapacity

Co-ownership under art. 147

BPS rights in GF

BPS rights in BF

Accretion

Right registered owner not barred by prescription

Dation in payment; dacion en pago

Novation 1. Previous valid obligation; 2. Agreement of all the parties to new contract;
3.extinguishment of old contract; 4. Validity of new one
Mortgage; banks; sec. 52 PD 1529 subsequent registration procured by forged deed of sale shall
be null and void

Equitable mortgage

Breach of contract moral damages may be recovered if acted in BF or GN

Judicial confirmation of imperfect title; A and D at the time of application

Power to rescind

Iron curtain rule

Adverse claim

Principle of respondeat superior; principle of ostensible agency

Formal requisites of marriage

No judicial petition required to declare marriage null and void before effectivity of FC
Reserve troncal

2017

Voidable marriage; serious and incurable sexually-transmitted disease 1. Existing at the time of
marriage; 2. Found to be serious and incurable; 3. Unknown to the other party

Void marriage; art. 38 one killed that other person spouse or his or her spouse

Void marriage; art. 41 summary proceeding for declaration of presumptive death

Valid marriage immediately after obtaining judicial decree

Exception absence of marriage license; 5 years common law relationship

Alienable and disposable land do not change status property of public dominion; declaration
land no longer intended for public use or public service converts it patrimonial property
declaration must be in a form of law or presidential proclamation

Just compensation; owner property expropriated owner of deposited amount

Antichresis v. usufruct

Commodatum v. mutuum

Accion publiciana

Right of way; adequacy of outlet going to the highway not convenience of dominant estate

Contract of sale; contract to sell

Conditional sale; non-fulfillment of condition prevents the obligation to sell

Compulsory heirs

Impairment legitime of compulsory heirs

ACP; sale void w/o authority of court or written consent of other spouse

Voidable; minor incapable giving consent

Void; outside commerce of men

Unenforceable; both parties minor incapable giving consent

Valid; minor but ratified by parents

Rescissible; in fraud of creditors

Debtor pay when his means permit him to do so it is deemed one with a period; remedy court
fix a period

Invalid transfer to an alien subsequently becomes a Filipino citizen or transfers it to Filipino

considered cured and title of transferee

Right which are patrimonial character can be considered property

Quieting of title; must have legal or equitable title to the real property

Abatement

Possession of movable property

Continuous non-apparent easement; only by title

Accretion

Riverbeds land of public dominion

Suretyship; benefit of excussion

Common carrier

Extraordinary diligence

Loss of earning capacity

2018

Marriage voidable; lack of parental consent

Ratification voidable marriage; free cohabitation

Filiation; children conceived or born before judgement of absolute nullity because of PI

considered legitimate

Property regime under art.147 co-ownership

Art. 147 properties acquired while they are together through their work or industry governed
by co-ownership presumed obtained joint efforts

Liquidation of co-ownership did not provide for obligation to pay the presumptive legitime of
the common children

Sex reassignment not a ground for change of first name under RA 9048 silverio v. Republic

Person biologically or naturally intersex determining factor in his gender classification would be
what the individual having reached the age of majority with good reason thinks of his/her sex
republic v. cagandahan

Laws relating to status, condition an legal capacity of persons binding upon citizens of the
Philippines even though living abroad; void marriage both male

Co-ownership; co-owner may alienate his part effect of alienation be limited to portion which
may be allotted to the co-owner allotted his share; repurchase of a co-owner is only entitled
reimbursement not ownership

Guardianship extends to power of administration does not include act of strict dominion

Disinheritance; attempt against the life of decedent is a cause for unworthiness of an heir only
if there is final judgement of conviction
Attesting witness; devise or legacy in favor of a person who is an attesting witness to the
execution of a will shall be void

Disqualification inheritance; priest who heard confession of the testator during last illness and
his relatives within the fourth degree and the church is disqualified

BPS both in Bad faith

Doctrine of relative revocation; Molo v. Molo

Doctrine of relative revocation; does not apply where the new will rendered ineffective due to
renunciation of heirs instituted therein

Usufruct on immovable property of which a building forms part; usufruct third person attains a
certain age shall subsists for the number of years specified even the third person should die
before the period expires

Doctrine of proximate clause

Contract of adhesion
Filiation; illegitimate child

Support; education support includes schooling or training for some profession even beyond age
of majority

Subrogation; compensation

Mora accipendi 1. Offer of performance by the debtor; 2. Offer must comply with prestation as
it should be performed; 3. Creditor refuses to accept the performance w/o just cause

Contract of simple loan depositor opens deposit account to a bank

Hold out clause similar to holdout agreement; arising from contracts, quasi-contracts, delict and
quasi-delict

Recto law; prohibition against further collection only applies when seller opts to exact
fulfillment of the obligation

Easement of lateral and adjacent support; easement exist in favor of the property of higher
elevation

Annotation of existence of later and adjacent support no longer necessary

Contract is taken out of the operation of statute of frauds under doctrine of part performance;
parties may compel each other to observe form of contract required by law

Sublease; cause termination of lease

Inter-country adoption age requirement does not apply if the adopter is the spouse of the
parent by nature of the adoptee

Art. 147; wages and salaries owned in equal shares properties acquired through work or
industry governed by co-ownership absence of proof to the contrary properties acquired during
cohabitation shall be presumed obtained by their joint efforts; provides further efforts of one
consisted in the care and maintenance of family household deemed contributed jointly in the
acquisition of the property

Support; parents and their illegitimate children obliged to support each other

Contract of carriage; principal liable even when breach occurred on another airline SC held that
obligation of ticket-issuing airline remained and did not cease regardless that another airline
had undertaken to carry passengers to one of their destinations

Agency coupled with interest

Surety may demand from indemnitor even before creditor has paid

Actual damages; common carrier liable if based on contract but not moral damages; if damages
anchored based on quasi-delict liable for both actual and moral damages

Interest from the finality of judgement until satisfaction

2012

Juridical capacity cannot exist w/o capacity to act

Foreign element of a case determines whether it is a conflict of law case or one covered by
domestic law

Capacity of an heir to succeed shall be governed by the national law of the person who died

Will govern by national law where it was executed; attestation clause not an act of the testator

Tearing of the will may amount to revocation if coupled with the intent of revoking it

Even if applicable law is a foreign law court may constrained to apply Philippine law except
when property subject of case located outside the Philippines or when foreign law or
judgement is penal in nature

Testamentary disposition are governed by national law of the decedent

Formalities of will

Will of Filipino executed in a foreign country may be probated in the Philippines provided it was
executed in accordance with laws of place where it was executed

Dissolution of marriage is necessary consequence of foreign divorce

Threat made just and legal filing of complaint for immorality

Land is paraphernal not conjugal if the ownership thereof was acquired before the marriage

Donation of a movable property

Consular official only has authority to solemnize marriages between Filipinos

Separation of property between spouses during the marriage may take place only upon court
order
Husband may impugn the legitimacy of his child but not on the ground that wife is suspected of
infidelity

Prosecuting attorney may not conduct his own investigation in legal separation

Marriages void for reasons of public policy; brothers and sisters full or half blood and between
step-parents and step children

Concealment by the wife or husband of the fact of sexual relations prior to the marriage not a
ground for annulment

Donation shall be automatically revoked in case of non-celebration of marriage not a requisite

for a valid donation propter nuptias

Illegitimate children those who are conceived and born outside a valid marriage

An illegitimate child may use the surname of his father when his filiation is established in any of
the ff. except an affidavit by the mother stating the name of his true father

Under RA 8043 an adopter is required to be at least 27 years old and 16 years older than the
child to be adopted at the time of the application unless the adopter is the parent by nature of
the child

Under RA 8043 a child qualified to be adopted is any person below 15 years old

Conviction of the parents of a crime which carries with it the penalty of civil interdiction does
not result in permanent termination of parental authority

Court cannot suspend parental authority if parent compels the child to take up a course in
college against his/her will

Possessor in bad faith is not entitled to a refund of useful expenses

The expenses incurred in improvements for pure luxury or mere pleasure shall not be refunded
to the possessor in bad faith but he may remove the objects for which such expenses have been
incurred, provided that the thing suffers no injury thereby and that the lawful possessor does
not prefer to retain them

The following are the limitations on the right of ownership imposed by the owner himself
except will and succession

Accion publiciana
Accion reinvindicatoria

Accion interdictal

Compulsory heirs of the donor can ask for the reduction of inofficious donation

Donation is perfected from the moment the donor knows of the donee acceptance even if the
latter has not received the copy of the deed of donation

Consideration is not an element of an obligation

Prestation is a conduct that may consist of giving doing or not doing something

Quasi-contract is a juridical relation arising from lawful voluntary and unilateral acts based on
the principle that no one should unjustly enrich himself at the expense of another

Pre-existing contract not an element of quasi-delict

Debtor is not liable for damages is he guilty of mistake

Compensation morae refers to a delay on the part of both the debtor and creditor in reciprocal
obligations

Mora solvendi

Fraud is an intentional evasion of the faithful performance of the obligation

Fortuitous event

If the thing delivered is generic a debtor is may not be held liable for loss and damages even it
was caused by a fortuitous event

Solidary obligation payment of one will be entitled to reimbursement

Creditor may proceed against anyone of the solidary debtors or some or all of them
simultaneously

After prescription of obligation no right of reimbursement

Delivery of promissory notes payable to order or bills of exchange or other mercantile

documents shall produce the effect of payment only when they have been cashed or when
through the fault of the creditor they have been impaired

Legal compensation
All contracts are required to have a valid consideration

Obligatory force of contracts is a principle which holds that parties are bound not only by what
has been expressly provided for in the contract but also natural consequences that flow out of
such agreement

Mutuality of contracts is a principle which holds that contracts must be binding to both parties
and its validity and effectivity can never be left to the will of one of the parties

Relativity of contracts refers to the rule that a contract is binding not only between parties but
extends to heirs, successors in interest and assignees of the parties provided that the contract
involved transmissible rights by their nature or stipulation or by law

Innominate contract

Offer becomes effective upon the acceptance of the offer by the offeree

Advertisements for bidders are only invitations to make proposals and the advertiser is not
bound to accept the highest/lowest bidder unless it appears otherwise
Construction contract of a building is not a solemn contract or contract that must be in writing

Recissible contract; contracts entered by minors unenforceable

Requisites contract entered in fraud of creditors

Characteristic of voidable contracts

Void contracts ;Pacto de retro contract valid

Borrower in contract of loan or mutuum must pay interest to the lender if there is an
agreement in writing to that effect

The liability of the school its administrators and teachers or the individual entity or institution
engaged in child care over the minor child for damage caused by the acts or omissions of the
unemancipated minor while under their supervision instruction or custody shall be principal
and solidary

Creditor has the right to the fruits of the thing from the time the obligation to deliver the thing
arises

If one of the parties to the contract is w/o juridical capacity the contract is void

When both parties to the contract are minors the contract is unenforceable
When the consent of one of the parties was vitiated the contract is voidable

Natural obligation is based on equity and natural law

Consent was given by one in representation of another but w/o authority the contract is
unenforceable

Contract where a person with no authority sold a thing in the name of the owner the contract is
deemed to be unenforceable

Sale of land by an agent in a public instrument where his authority from the principal is oral the
contract is void

Absolute simulation of a contract always results in a void contract

Contract of sale of land by oral agreement is subject to ratification by the parties

In contracts creating real rights third persons who come into possession of the object of the
contract are bound thereby

Any third person who induces another to violate his contract shall be liable for damages to the
other contracting party

Requisite of succession

Characteristics of succession

Right to inherit is a right not extinguished by death

Attestation clause

Formalities required in the execution of holographic will

Grounds for disallowance of will

Preterition is the omission in the testators will of one some or all of the compulsory heirs in
direct line, whether living at the time of execution of the will or born after the death of the
testator

Disposicion captatoria is any disposition made upon the condition that the heir shall make some
provision in his will in favor of the testator or of any other person shall be void; both the
condition and disposition are void
If at the time the contract of sale is perfected the thing which is the object of the contract has
been entirely lost shall be without any effect

Option contract is a contract granting a privilege to a person for which he has paid a
consideration, which gives him the right to buy certain merchandise or specified property from
another person at any time within the agreed period at a fixed price

Sale of land by agent whose authority is not reduced into writing is void

Abuse of right

NCC considers a fetus a person for purposes favorable to it provided it is born later in
accordance with the provision of the NCC; to be considered born the fetus that had an intra-
uterine life of less than seven months should live for 24 hours from its complete delivery from
the mother’s womb; not being a person she had no juridical capacity to be a donee

As a general rule a public officer is not liable for acts performed in the discharge of his duties
except when he acted with malice bad faith or gross negligence In the performance of his duty
or when he is in violation of the constitutionally-guaranteed rights and liberties of a person
under art. 32 of NCC; public officer Is not automatically considered to have violated the rights
or liberties of a person simply because the rule the public officer issued was declared invalid by
the court

Annulment cannot be granted solely on the basis of the psychological report, for the report to
prove the PI of the respondent it is required that the psychologist personally examine the
respondent and report should be based on the psychologist independent assessment of the
facts as to WON the respondent is psychologically incapacitated

If the value of the building is more than the value of the land, the building is conjugal and the
land becomes conjugal under art. 120 FC this Is a case of reverse accession where the building
is considered as the principal and land is the accessory; if the land is more than the value of the
building then the ordinary rule of accession applies where the land is the principal and building
is the accessory in such a case the land remains paraphernal and the building becomes
paraphernal property; applicable only to CPG

Provision art. 26 of FC equally applies to a Filipino who married another Filipino at the time of
the marriage but who was already a foreigner when the divorce was obtained

Condonation; prescription sexual infidelity within 5 years from the commission of every act of
sexual liaison and ground for legal separation

No law prohibiting an illegitimate child adopted by his natural father to use middle name his
mother’s surname; the law is silent as to what middle name an adoptee may use
Under the law husband and wife shall adopt jointly except in cases enumerated in the law; the
adoption case do not fall in any of the exceptions provided in the law where a spouse is
permitted to adopt alone

The ownership of the properties depends on WON the spouses are capacitated to marry each
other during their cohabitation and WON both have contributed funds for the acquisition of the
properties; if both of them were capacitated to marry each other art. 147 on co-ownership will
apply to their property relations and properties are owned in equal shares; his subsequent
transfer of all his properties therein to a Filipino was valid as it removed the disqualification; if
spouses not capacitated to marry each other art. 148 on co-ownership will govern their
property relations both are co-owners of the properties but only if both of them contributed to
the acquisition

No interest shall be due unless it has been expressly stipulated in writing

Solutio in debiti

Equitable mortgage deed of sale was actually intended to merely secure the payment of the
shortage incurred; under 1602 CC the contract shall be presumed to be an equitable mortgage
when it may be fairly inferred that the real intention of the parties is simply to secure the
payment of a debt or the performance of any other obligation

If cancellation was done by testator himself such cancellation is valid revocation of the will and
does not require authentication by the full signature of the testator to be effective; if
cancellation is not done by the testator himself such cancellation shall not be effective and the
will in its original tenor shall remain valid; the efficacy of a holographic will cannot be left to the
mercy of unscrupulous third parties; alteration requires the authentication by full signature of
the testator to be valid and effective

Probate; CC prohibits the execution of joint wills and make them void even though authorized
by the laws of the country where they were executed

Joint will is void all the testamentary dispositions written therein is also void; preterition

Testamentary disposition of the testator cannot forbid the partition of all or part of his estate
for a period longer than 20 years

In representation, the representative must not only be a legal heir of the person he is
representing he must also be a legal heir of the decedent he seeks to inherit; illegitimate child
has no right to inherit ab intestanto from the legitimate children and relatives of his father or
mother

Testamentary disposition; Spouse 1/8 ; IC ¼ and parents ½ estate and remaining 1/8 free
portion which testator may dispose of by will
If real property mortgaged is judicially foreclosed the action for judicial foreclosure should be
filed within period of 10 years; writ of possession should be filed by winning bidder within 5
years after the judgement of foreclosure

Direct action for declaration of nullity may only be filed by any of the spouses

Contract to sell and contract of sale

Partner cannot demand the return of his share during the existence of partnership, but only to
the net profits from partnership business during the life of the partnership

2011

Declaration of absence takes effect 6 months after the publication of the declaration of absence

Special parental authority

Future inheritance cannot be subject of contract of sale

Novation; proposal third person new debtor substituted latter insolvent debtor freed from
liability

Breach of contract may be tortious as when is tainted with bad faith

Legal or equitable title is an indispensable requirement in quieting of title

Donation and acceptance must be in public instrument

Annulment of marriage on ground of fraud

If the donation do not provide for reversion to donor share shall pass to the heirs

Legal redemption co-ownership

When one exercises a right recognized by law knowing that he thereby causes an injustice to
another the latter is entitled to recover damages this is known as principle of abuse of rights

Basis for rendering a disinheritance defective or imperfect

Non-disclosure of conviction of a crime is equivalent of fraud which is a ground for annulment

Children born before divorce legitimate

All persons who can enter into contracts and dispose of their property can make a donation

The liability of partners including industrial partners for partnership contracts entered into in its
name and for its account when all partnership assets have been exhausted is pro-rata

Missing person who left someone to administer his property be declared an absentee by the
court when he has been missing for 5 years from the receipt of the last news about him

Taxes due upon land or building enjoys preference over others with respect to specific
immovable property and real rights

When bilateral contracts are vitiated with vices of consent they are rendered voidable

Sale of agent when principal died without agents or buyers knowledge rendered valid

If the land do not belong to spouse the house cannot qualify as family home

Principal shall go to paraphernal property but the interest goes to the conjugal partnership

Legitimated child

The liquidation of co-ownership applies since the annulment brought their property relation
under the chapter on property regime w/o marriage

Marriage settlement to be valid should be in writing

Support preference

If child born within valid marriage it is presumed to be legitimate

Husband acts of forcibly ejecting his wife w/o just cause from the conjugal dwelling and
refusing to take her back constitutes constructive abandonment

Modal institution

Designation is revoked by operation of law upon annulment of their marriage based on

beneficiary’s fault

The spouse may freely donate communal or conjugal property w/o the consent of the other
provided the donation is moderate and intended for charity or family rejoicing

Intestate succession LC and SS ½ ½

Contracts take effect only between parties or their assign and heirs except where the rights and
obligation arising from the contract are not transmissible by their nature by stipulation or by
provision of law this is known as relativity of contracts

Contract of sale in which parties could not agree which of five lots to be sold is void

Since defect was not hidden and he acted in bad fait in not disclosing the fact to the buyer he is
liable for reimbursement

Prohibition in the will to remarry is authorized by law and is not repressive she could remarry
but must give up the money

Usufruct building destroyed usufructuary still has right to use to land and materials

Ordinary donation

Art. 15

In the settlement of estate of a deceased person the personality of a deceased person may
continue to exist

Acts which causes injury that are contrary to morals good customs or public policy liable for
damages

Illegitimate brothers and sisters whether of full or half-blood are bound to support each other
except when the need for support of a brother or sister already of age is due to the latter’s fault

Principle of attractive nuisance

Implied renewed lease from month to month under the same condition as to the rest

Donation subject to a resolutory condition if not fulfilled donation may be revoked

Illegitimate children shall use the surname of their mother or biological father at the mothers
discretion

Valid payment must be made to the creditor who made prior demand for payment

The property regimes subsisting under NCC are immutable and remain effective

Recognition of an illegitimate heir is an ample reason for a will

Other heirs can assail the legitimacy of a child if the father dies
Improper venue is merely an irregularity all the elements of a valid marriage are present

One can be made liable for bigamy if contract marriage w/o securing a judicial declaration of
nullity of his marriage

Consignation is allowed w/o tender of payment if in the face of the conflicting claims on the
plaintiff

Automatic rescission is allowed having the character of movable and consumables

Legal separation like validity of marriage is not subject to compromise agreement for purposes
of filing

Intrinsic validity of the provisions of a will is governed by the decedent national law

After 6 years the action to enforce verbal agreement elapsed

After death the administration shall be given by the court having jurisdiction over the intestate
proceedings to a new administrator whom it will appoint

Marriage that is merely voidable is ratified by freely cohabitating after the force and
intimidation had ceased

Spouse leaving conjugal home w/o just cause forfeits her right to support

Order of intestate succession last to inherit state

Joint obligations

Testamentary succession wife designated as only heir SS ½ other half free portion

Warranty against eviction is inherent in a contract of sale WON mentioned

Doctrine of stare decisis prescribes adherence to precedents in order to promote the stability of
the law but the doctrine can be abandoned when the precedent has ceased to be beneficial and
useful

Philippine law prohibits the execution of joint wills and such law is binding on Filipino even
though living abroad

Waiver is prejudicial to the interest of a third person whose interest is recognize by law

Acknowledgement of an illegitimate child in an instrument with property relations is valid

Marriage is void because he did not cause the judicial issuance of declaration of nullity of his
first marriage

Repudiation entitles the other compulsory heirs of his shares by right of accretion

No decree of legal separation can be issued w/o prior efforts at reconciliation shown to be futile

Agreement or contract authorizing an agent to sell land of the principal must be in writing
otherwise void

In a true pacto de retro sale the title and ownership of the property sold are immediately
vested in the vendee a retro subject only to the resolutory condition of repurchase by the
vendor within the stipulated period which is known as conventional redemption

Natural obligation under the NCC is one which cannot be judicially enforced but authorizes the
obligee to retain the obligor’s payment or performance

Contract w/o wife’s consent considered continuing offer by the parties perfected only upon the
wife’s acceptance or the courts authorization

When the donor gives donations w/o reserving sufficient funds for his support or for the
support of his dependents his donations are reducible to the extent that the donation impaired
the support due to himself and his dependents

Tender of payment even in cash if refused will not discharge the obligation w/o proper
consignation in court

Passing through in going the highway is not considered continuous possession of land and does
not entitle them to acquisitive prescription

Every building or land is subject to the easement which prohibits its proprietor or possessor
from committing nuisance like noise jarring offensive odor and smoke this principle is known as
suc uture tuo alienum non laedas

Compromise is not a condition precedent in dealings with strangers since they have no moral
obligation to settle with each other

owner of the collateral has interest in the payment of the obligation

the right of a mortgagor in a judicial foreclosure to redeem the mortgaged property after his
default in the performance of the conditions of the mortgage but before the sale of the
mortgage property or confirmation of the sale by the court is known as equity of redemption
conjugal partnership of gains begins to exist at the moment the parties take and declare each
other as husband and wife before officiating officer

parents may file for annulment of marriage if contracted w/o parental consent

illegitimate child

the presence of a vice of consent vitiates the contract of a party in a contract and this renders
the contract voidable

common-law spouses are allowed to give moderate gifts to each other during family rejoicing

designation as legatee created a new and separate juridical relationship between them that of
testator-legatee

spouse will own both since the value of the house and the increase in the property value is less
than her lots value; but she is to reimburse conjugal partnership expenses

an action for reconveyance of a registered piece of land may be brought against the owner
appearing on the title based on a claim that the latter merely holds such title in trust for the
plaintiff, the action prescribes however within 10 hears from the registration of the deed or the
date of the issuance of the certificate of title of the property as long as the trust had not been
repudiated the exception to this 10 year prescriptive period is when the plaintiff is in possession
of the property

only the couple can question the validity of their marriage after they became 21 of age their
cohabitation also convalidated the marriage

notary public has to be present only when the signatories acknowledged the act required of
them in relation to the will

nature of income while in a bigamous relationship are separate since their property relations
with their legal spouse are still subsisting

prescriptive period for filing an action for revocation of a donation based on acts of ingratitude
of the donee is 1 year from the perfection of the donation

property bought with her own money belongs to her exclusive property

birth determines personality the accident did not result in the death of a person