SYLLABUS FOR THE 2023 BAR EXAMINATIONS

CIVIL LAW (20%)

NOTE: All Bar candidates should be guided that only laws, rules, issuances, and jurisprudence
pertinent to the topics in this syllabus as of June 30, 2022 are examinable materials within the
coverage of the 2023 Bar Examinations.

PERSONS AND FAMILY RELATIONS

I. Persons
A. When Law Takes Effect Doctrine
B. Ignorance of the Law
C. Retroactivity of Laws
D. Mandatory or Prohibitory Laws
E. Waiver of Rights
F. Presumption and Applicability of Custom
G. Legal Periods
H. Territoriality Principle
I. Conflict of Laws
1. Lex Nationalii
2. Lex Rei Sitae
3. Lex Loci Celebrationis
4. Doctrine of Renvoi
J. Human Relations in Relation to Persons
K. Capacity to Act
1. Restrictions on Capacity to Act
2. Birth and Death of Natural Persons
3. Presumption of Survivorship
L. Surnames
M. Rules Governing Persons Who are Absent

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II. Marriage
A. General Principles
1. Essential Requisites
2. Formal Requisites
B. Mixed Marriages and Foreign Divorce
C. Void Marriages (See Tan-Andal v. Andal, G.R. No. 196359, May 11, 2021)
D. Voidable Marriages
E. Effect of Defective Marriages
F. Foreign Marriages
G. Legal Separation
H. Property Relations Between Spouses
1. Donation Propter Nuptias
2. Void Donations by the Spouses
3. Absolute Community of Property Regime
4. Conjugal Partnership of Gains Regime
5. Separation of Property Regime
6. Property Regime of Unions Without Marriage
7. Judicial Separation of Property
I. The Family
1. General Principles
J. The Family Home
1. General Principles
K. Paternity and Filiation
1. Concepts of Paternity, Filiation, and Legitimacy
2. Legitimate Children
a) Who are Legitimate Children
b) Proof of Filiation of Legitimate Children
c) Rights of Legitimate Children
d) Grounds to Impugn Legitimacy
3. Illegitimate Children

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 a) Who are Illegitimate Children
b) Proof of Filiation of Illegitimate Children
c) Rights of Illegitimate Children
d) Grounds to Impugn Filiation
4. Legitimated Children
a) Who May be Legitimated
b) How Legitimation Takes Place
c) Grounds to Impugn Legitimacy
5. Adopted Children
a) Domestic Administrative Adoption and Alternative Child Care Act (RA
11642)
b) Who May Adopt
c) Who May be Adopted
d) Effects of a Decree of Adoption (See Article Nos. 189-190 of the
Family Code)
L. Support
1. What Comprises Support
2. Who are Obliged to Give Support
3. Source of Support
4. Order of Support
M. Parental Authority
1. Concept of Parental Authority
2. Substitute Parental Authority
3. Special Parental Authority
4. Effects of Parental Authority

PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

I. Classification of Property
A. Immovables
B. Movables

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II. Bundle of Rights
A. Ownership
B. Rights of Accession
1. General Principles
2. Accession Industrial
3. Accession Natural
C. Actions to Recover Ownership and Possession of Property
1. Accion Reivindicatoria
2. Accion Publiciana
3. Accion Interdictal
4. Quieting of Title
-Quieting of title is a special civil action governed by Rule 63, Sec. 1 of the Rules
of Court.
-It is a proceeding quasi in rem. In an action quasi in rem, an individual is named
as a defendant and the purpose of the proceeding is to subject his interest to the obligation
or loan burdening the property. The judgment therein is binding only upon the parties
who joined in the action.
-An action for quieting of title is a real action. Determination of which trial court
had the exclusive jurisdiction over the real action is dependent on the assessed value (?)
of the property in dispute.
-Two requisites of an action to quiet title: (1) the plaintiff has a legal or equitable
title or interest in the real property subject of the action; and (2) the deed, claim,
encumbrance, or proceeding claimed to be casting a cloud on his title must be shown to
be in fact invalid or inoperative despite its prima facie appearance of validity.
-Legal title denotes registered ownership, while equitable title means beneficial
ownership.
-Title is not limited to the certificate of registration under the Torrens system
(OCT or TCT). It may connote acquisitive prescription by possession in the concept of an
owner thereof.
-Even if petitioners are in possession of the disputed property, this does not
necessarily prove their supposed title. It may be that their possession of the disputed
property is by lease, mere tolerance, or any other arrangement with the owner.
-If the plaintiffs claim the property as their own as a result of acquisitive
prescription, the same would give them the requisite equitable title. However, by stating
that they were in the process of applying to purchase the subject property from the

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 government, they admitted that they had no such equitable title to maintain a case for
quieting of title.
-Must have prima facie appearance of validity. The invalidity is not apparent on
the face of the instrument and has to be proved by extrinsic evidence.
-Cloud on the title exist when: (1) there is an instrument, record, claim,
encumbrance or proceeding; (2) which is apparently valid or effective; (3) but is in truth
and in fact invalid, ineffective, voidable or unenforceable; and (4) may be prejudicial to
the title sought to be quieted.
-Sec 48 of PD No. 1529 provides that “a certificate of title shall not be subject to
collateral attack. It cannot be altered, modified or canceled except in a direct proceeding
in accordance with the law.” However, raising the invalidity of a certificate of title in an
action for quieting of title is NOT a collateral attack because at the heart of such action is
the genuineness of the certificate of title. The relief sought is feasible since the objective
of an action to quiet title is to remove a cloud on the title of the real property.
-Besides, what CANNOT be collaterally attacked is the certificate of title and not
the title. Ownership is different from a certificate of title, the latter being only the best
proof of ownership of a parcel of land. By title, the law refers to ownership which is
represented by that document. Mere issuance of a certificate of title in the name of any
person does not foreclose the possibility that the real property may be under co-
ownership with persons not named in the certificate , or that the registrant may only be a
trustee, or that other parties may have acquired interest over the property subsequent to
the issuance of the certificate of title. Placing a parcel of land under the mantle of Torrens
system does not mean that ownership thereof can no longer be disputed.
-In action to quiet title, the plaintiff need not be in possession of the property.
-If the plaintiff is not in possession, the action to quiet title prescribes after 30
years. Article 1141, NCC provides that real actions over immovable prescribe after 30
years. //?? P. 544
-If plaintiff is in possession, the filing of an action to quiet title is imprescriptible.
One who is in actual possession of a piece of land claiming to be the owner thereof may
wait until his possession is disturbed or his title is attacked before taking steps to
vindicate his right.
-Under the Torrens system, the decree of registration and the certificate of title is
incontrovertible upon the expiration of one year from the date of entry, without prejudice
to an action for damages against the applicant or any person responsible for the fraud.
However, actions for reconveyance based on implied trusts may be allowed beyond the
one year period.
-Notwithstanding the irrevocability of the Torrens title already issued in the name
of another person, he can still be compelled under the law to reconvey the subject
property to the rightful owner. The property registered is deemed to be held in trust for
the real owner by the person in whose name it is registered. After all, the Torrens system
was not designed to shield and protect one who had committed fraud or misrepresentation

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 and thus hold the title in bad faith. In an action for reconveyance, the decree of
registration is respected as incontrovertible. What is sought instead is the transfer of the
property to its rightful owner.
-An action for reconveyance based on implied or constructive trust prescribe in 10
years from the issuance of the Torrens title over the property.
-However, an action for reconveyance may prosper despite the lapse of more than
10 years from the issuance of the title if the plaintiffs were in actual possession of the
disputed land. In such case, the action is converted from reconveyance of the property
into one for quieting of title.
D. Co-Ownership
-Co-ownership exist as long as the property remains undivided.
-There is no co-ownership when the different portions owned by different people are
already concretely determined and separately identifiable.

1. Distinctions Between Right to Property Owned in Common and Full

Ownership Over the Ideal Share
-Co-owners have no right to enjoin a co-owner who intends to alienate or
substitute his abstract portion or substitute a third person in its enjoyment.
2. Contributions for Expenses
3. Redemption
-Where the property had already been partitioned judicially or extrajudicially or
where the portion belonging to the parties has been identified and localized, the right of
legal redemption can no longer be invoked.
4. Partition
E. Possession
-Requisites in order that there be possession: (1) There must be occupancy, apprehension
or taking; (2) there must be intent to possess (animus possidendi). 594
-The following cannot be appropriated and hence, cannot be possessed: (1) property of
public dominion; (2) common things (res communes) such as sunlight and air; (3) things
specifically prohibited by law. 594
-Possession in another’s name refers only to the possession by a person without
any right of his own and which is strictly of an agent or merely an instrument in the
exercise of such possession, e.g. possession by a caretaker. 594
-Possession in one’s own name embraces all kinds of possession anchored on a
juridical title or right, e.g. possession by the owner himself, possession by a lessee or a
mere usufructuary. 594

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 -If both the fact of possession and the right to such possession are found in the
same person, such possession is said to be exercised in one’s own name. 595
-It is not necessary that the owner or holder of the thing exercise personally the
rights of possession. Rights of possession may be exercised through agents. 595
-It is not necessary that the owner of a parcel of land should himself occupy the
property as someone in his name may perform the act. Thus, the Court has considered a
claimant’s act of assigning a caretaker over the disputed land, who cultivated the same
and built a hut thereon, as evidence of claimant’s possession of the said land However, a
mere caretaker of a land has nor right of possession over such land, because the right
pertains to the caretaker’s principal. 595-596
1. Possession in the Concept of a Holder
2. Possession in the Concept of an Owner
-One who possesses as a mere holder acknowledges in another a superior right
which he believes to be ownership, whether his belief be right or wrong. 596
-A possessor in the concept of an owner may be the owner himself of one who
claims to be so. The concept of owner refers to the opinion or belief of the neighbors and
the rest of the world and not that of the possessor. 596
-In the case of possessors in the concept of holder who are as such by virtue of a
juridical title or right, e.e. lessee, usufructuary, etc., they are considered as possessors in
the concept of holder with respect to the thing itself, but considered as possessors in the
concept of owner with respect to their right. 596
-Effects of possession in the concept of owner:
1. It raises a disputable presumption of ownership.
2. It creates a disputable presumption that the possessor has just title, for which he
cannot be obliged to show,
3. It may ripen into ownership through acquisitive prescription upon compliance
with the other requisites mentioned in Art. 1118, NCC. 597
-One whose interest is merely that of a holder, such as a mere tenant. Agent or
usufructuary, is not qualified to become a possessor-builder in good faith. He cannot
claim that he is unaware of any flaw in his title or that he is under the belief that he is the
owner of the subject premises. 598
3. Relevance of Good Faith and Bad Faith
-Requisites for possession in good faith: (1) possessor has a title or mode of
acquisition; (2) there is flaw or defect in said title or mode which invalidates it; and (3)
possessor is unaware of the flaw or defect, or believes that the thing belongs to him. 597
-The good faith of the possessor must rest on a colorable right and must be
beyond a mere stubborn belief in one’s title despite judicial adjudication. 597-598

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 -The interruption of good faith on the part of the possessor need not occur by
reason of initiation of legal proceedings. Whatever may be the cause or the facts from
which it can be deduced that the possessor has knowledge of the defects of his title or
mode of acquisition, it must be considered sufficient to show bad faith. 600
-If there are no other facts from which the interruption of good faith may be
determined, and an action is filed to recover possession, good faith ceases from that date
of receipt of the summons to appear at the trial and if such date does not appear in the
record, that of the filing of the answer would control. 599
UPON THE FRUITS:
Art. 545, NCC. If possessor is in good faith and fruits are still pending:
-The possessor and the owner shall have a right to a part of the net harvest and
each shall divide the expenses of cultivation, both in proportion to the time of their
respective possessions. If the owner does not want to pay his share of the expenses
incurred in connection with the cultivation, he may, at his option, allow the possessor to
finish the cultivation and gathering of the growing fruits (in lieu of his part of such
expenses), in which case, the owner will not have any share in the harvest. If the owner
chooses this option and the possessor refuses to accept the concession “for any reason
whatever,” the latter shall lose the right to be indemnified in any other manner. In other
words, the possessor must accept the owner's choice, otherwise he will lose the right to be
indemnified and this rule will apply even if the value of the fruits is less than the amount
of the expenses incurred. 600
If the possessor is in bad faith and fruits have already been received:
- A possessor in bad faith has a specific obligation to reimburse the legitimate
possessor for everything that the former received, and that the latter could have received
had its possession not been interrupted. 601
- However, he has the right to recover from the legitimate possessor the expenses
mentioned in Article 443 of the NCC - expenses for production, gathering and
preservation of the fruits - upon the legitimate possessor's receipt of the reimbursement.
Note that Article 443 will apply regardless of the good faith or bad faith of the possessor.
In addition, the said article will apply irrespective of whether the amount of the expenses
incurred far exceeds the value of the fruits. 601
-Aside from the expenses mentioned in Article 443, the possessor in bad faith is
likewise entitled to reimbursement for the necessary expenses incurred by him for the
preservation of the land or the thing which bore the fruit. 601-602
If the possessor is in bad faith and fruits are still pending:
- He will lose the fruits in favor of the legitimate possessor and he will not be
entitled to the reimbursement of the expenses he incurred in relation to the fruits,
including the expenses he incurred for its production and preservation, because these
expenses are reimbursable to the possessor in bad faith only if the fruits have already
been received by the latter. However, the possessor in bad faith is still entitled to recover

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 the necessary expenses incurred by him for the preservation of the land or the things
which bore the fruit. 602
UPON LOSS OF THE PROPERTY:
-See Art. 552, NCC
UPON EXPENSES:
Kinds of expenses:
Necessary expenses
Definition -those made for the preservation of
the thing
-incurred not for improvement but
for the preservation of the thing and
are intended not to increase the
value thereof but to prevent it from
becoming useless.
As to reimbursement -whether in good faith or in bad
faith, a possessor is entitled to a
refund of necessary expenses
incurred by him
As to right of retention -available only to possessor in good
faith
As to right of removal
Civil Law_BE2023
Useful expenses
-those incurred to give greater utility
or productivity to the property
-increase the value of the thing and
result in improvements called useful
improvements.
-resulting benefit is essential and
absolute which is available to all who
may have the thing
-Only possessor in good faith is
entitled to refund of useful expenses.
In making the refund, the owner (or
the person who has defeated the
possessor in good faith in the
possession) has the option: (1) to
refund the amount of the expenses; or
(2) to pay the increase in value which
the thing may have acquired by
reason of the useful expenses.
-A possessor in good faith is entitled
to a refund of the useful expenses
incurred by him only if the useful
improvement is still existing at the
time of the recovery of the property
by the legitimate possessor.
-available to possessor in good faith
-The possessor in good faith may, in
lieu of reimbursement for the useful
expenses, remove the useful
improvement but subject to
compliance with the following
requisites:
(1) the removal can be done without
damage to the principal thing; and (2)
the owner does not choose to
appropriate the improvements by
refunding to the possessor in good
faith the useful expenses in the
manner discussed above.
A possessor in bad faith, on the other
hand, has no right to remove the
useful improvements.
Ornamental expenses
-those which do not increase the
productiveness of the thing bit
merely embellish the same
-for the convenience if definite
possessors only.
-Whether in good faith or in bad
faith, a possessor is not entitled to a
refund of
the expenses incurred by him for
pure luxury or mere pleasure,
called "ornamental expenses.
Both kinds of possessors
Entitled to a right of removal of
the ornaments with which they
embellished the principal thing
provided that such principal will
suffer no injury. If the owner,
however, exercises his option to
retain possession of the ornaments
by reimbursing the value thereof to
the possessor,
the latter's right of removal may
not be exercised.
If the possessor is in good faith, the
extent of the refund shall be the
actual amount expended.
If the possessor is in bad faith, on
the other hand, the extent of the
refund shall be limited to the value
of the ornament at the time the
Page 9 of 26
 owner enters into the possession of
the property irrespective of the
amount actually spent by the
possessor in bad faith
As to recording of -Possessor in good faith is entitled
encumbrance to have his right recorded in the
certificate of title s an encumbrance
on the property so that whoever may
get the property will be forewarned
of his right to such retention and
refund.

-Improvement by time and nature shall inure to the owner following the law on
accession, without need of indemnifying the possessor in good faith. 607
-Expenses incurred in the repair of a house which is almost in ruins in order to
preserve it are considered necessary expenses. 602-603
-Expenses incurred by the possessor in bad faith to develop the land and protect it
from squatter syndicated are necessary expenses , for which a possessor in bad faith is
entitled to be reimbursed. 603
-Examples of useful expenses: expenses incurred for the construction of a wall
surrounding the estate, construction of an irrigation system, introduction of improvements
in an uncultivated land. Also those incurred for a chapel, an electric system or an elevator
un a building, a fishpond, dining room, kitchens, closets or bathrooms, are also
considered useful expenses.
-Right of retention- its object is to guarantee the reimbursement of the expenses. It
permits the actual possessor to remain in possession while he has not been reimbursed by
the person who defeated him in the possession for those necessary expenses and useful
improvements made by him on the thing possessed. Accordingly, a possessor (or
builder). in good faith cannot be compelled to pay rentals during the period of retention
nor be disturbed in his possession by ordering him to vacate. In addition, the owner of the
land is prohibited from offsetting or compensating the necessary and useful expenses
with the fruits received by the builder-possessor in good faith. Otherwise, the security
provided by law would be impaired. This is so because the right to the expenses and the
right to the fruits both pertain to the possessor, making compensation juridically
impossible. 604-605
ADDITIONAL NOTES:
As to possession de facto:
If the possession of another lasts for more than one year, only possession de facto
is lost but not the real right of possession (possession de jure). Hence, forcible entry and
unlawful detainer cases must be filed within a period of one year from dispossession
since both cases involve question of possession de facto and the case must be filed before
the Metropolitan or Municipal Trial Courts.

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 -On the other hand, if the dispossession lasted for more than one year, the proper action
to be filed is an accion publiciana since the real right of possession (possession de jure) is not
lost until after the lapse of 10 years.
As to possession de jure:
-Possession de jure, on the other hand, is not lost until after the lapse of 10 years.
-But take note: that the legal possessionis not affected by acts which aremerely tolerated
and those executedclandestinely and without the knowledge of the possessor or through violence
as long as there is a possessor who objects thereto. In the aforesaid circumstances, only
possession as a fact (possession de facto) is affected but not the real right of possession. As a
consequence, the real right of possession may not be lost through any of said means.
-In paragraph 4 of Article 555, what is lost after the lapse of 10 years is possession de
jure, not necessarily the ownership of the property. Ownership and possession are distinct
concepts. For ownership to be lost through possession by another, it must be in the concept of an
owner, public, peaceful and uninterrupted. If the possession is in this nature, the same shall ripen
into ownership over a real property after the lapse of 10 years if coupled with a just title or good
faith on the part of the possessor. If the possession of this nature lasts for 30 years, ownership
over a real property is also acquired without need of just title or of good faith.
4. Rules for Movables
-Possession of movables acquired in good faith does not only create a
presumption of ownership but it is already equivalent to title. The movable property
mentioned in Article 559 of the Civil Code pertains to a specific or determinate thing.
619
-Unlike in the case of immovable property where actual possession under claim of
ownership will only create a disputable presumption of ownership and that the possessor
has a just title, the possession of movable property acquired in good faith is already
equivalent to a title, thus dispensing with further proof. 619
-Doctrine of Irrevindicability of Movables, Requisites: For possession of
movables to be considered equivalent to title, the following requisites must be present:
(1) the movable property must be acquired in good faith, and (2) the possession must be
in the concept of owner.
- If the foregoing requisites are present, the true owner cannot recover it as a
general rule for the title of the present possessor is valid even against him. This is the
general rule of irrevindicability.
-Exceptions to irrevindicability: If the owner has lost a movable, or if he has been
unlawfully deprived thereof, he has a right to recover it, not only from the finder, thief or
robber, but also from third persons who may have acquired it in good faith from such
finder, thief or robber. Art. 559, NCC establioshes 2 exceptions to the general rule of
irrevindicability, to wit, when the owner (1) has lost the thing, or (2) has been unlawfully
deprived thereof.

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 - Art. 719, NCC. When a person who finds a thing that has been lost or mislaid by
the owner takes the thing into his hands, he acquires physical custody only and does not
become vested with legal possession. The finder, far from becoming owner of the thing
found, is bound to return it to its previous owner, if known, or to immediately deposit the
same with the mayor of the city or municipality where the finding has taken place, if the
owner is unknown, who is then required to make a public announcement of such finding
for two consecutive weeks in a manner he deems best. 618
-If after six months the owner does not appear, the thing found, or its value, shall
be awarded to the finder, with the obligation to reimburse the expenses incurred in the
publication. If the owner appears on time, he retains ownership over the movable but he
shall be obliged to pay, as a reward to the finder, one-tenth (1/10) of the sum or of the
price of the thing found. 618
- If the finder does not comply with the procedural requirements of Article 719 of
the NCC, and appropriates for himself the movable property he found, he shall be liable
for the crime of theft, in which case, the owner of the movable can recover its possession
without need of paying any indemnity.
-If the finder does not comply with the procedural requirements of Article 719 of
the NCC and subsequently transfers possession of the lost movable in favor of a third
person, the owner of said movable can still recover its possession from such third person
without need of paying any indemnity, even if the latter may have acted in good faith.
However, if the third person has acquired the movable in good faith at a public sale, its
owner may still recover its possession from said third person but he is required to
reimburse the third person of the price paid therefor.
-The "public sale" referred to in Article 559 of the NCC which entitles the
possessor in good faith to reimbursement, is one where there has been public notice of the
sale and in which anybody has a right to bid and offer to buy.
-The term "unlawful deprivation" in Article 559 is not limited to cases of theft or
robbery (or unlawful taking) but includes cases where there has been abuse of
confidence.
-But the term "unlawful deprivation" may not be unduly stretched to cover
situations where there is a contract of purchase and sale between two persons and the
buyer therein fails to pay the purchase price but nonetheless alienates the thing sold in
favor of the present possessor who acted in good faith.
-In case of unlawful deprivation, the owner can always recover possession of his
movable from the present possessor without need of paying any indemnity unless the
latter has acquired the movable in good faith at a public sale.
-The owner who recovers, according to law, possession unjustly lost, shall be
deemed for all purposes which may redound to his benefit, to have enjoyed it without
interruption. 621-622
- Instances where the owner may no longer recover possession of movables which
were lost or whose possession he has unlawfully been deprived of:

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 1) If the possessor acquired the thing at a merchant's store, or in fairs, or in
markets in accordance with the Code of Commerce and special laws;
2) Where the possessor acquired the thing by sale under a statutory power of sale
or under the order of a court of competent jurisdiction;
3) When the possessor is a holder in due course of a negotiable document of title
to goods or where the owner is barred by the principle of negotiable instruments;
4) Where the owner is barred by reason of his own acts or neglect from denying
the seller's title; and
5) Where the owner can no longer recover the thing from the possessor by reason
of prescription.
-Domestic or tame animals are considered personal property and are therefore,
subject to the rules governing any personal property.
F. Usufruct
-Usufruct is the right to enjoy the property of another temporarily, including both
the jus utendi and the jus fruendi, with the owner retaining the jus disponendi or the
power to alienate the same.
-It is a real right which may be exercised over a real or personal property. It may
be constituted over a corporeal object or over a right.
1. Rights and Obligations of Usufructuary
-It ordinarily obliges the usufructuary to preserve the form and substance of the
thing subject of the usufruct, except in the following instances where there is no such
obligation:
1. When the law or title creating the usufruct provides that the usufructuary is not
so obliged
2. When the usufruct includes things which, without being consumed, gradually
deteriorate through wear and tear
3. When the usufruct includes things which cannot be used without being
consumed.
-The owner of the property retains the jus disponendi or the power to alienate,
encumber, transform or destroy the same. Hence, there is no doubt that the owner may
validly mortgage the property in favor of a third person.
-Since the naked owner retains the right to alienate or encumber the property held
in usufruct, the fact that the usufruct is annotated in the title prior to the mortgage does
not make the mortgagee in bad faith. Such annotation does not impose upon the
mortgagee the obligation to investigate the validity of the mortgagor’s title because the
existence of the usufruct does not curtail the right of the owner to alienate or encumber
the property,

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 -Art, 581. There may, however, be a case where the alienation made by the owner
will affect the right of the usufructuary- that is where the right of the usufruct is not
registered and a third party acquired the property in good faith without the knowledge of
the usufruct and registered his right.
-The right of enjoyment of the usufructuary extends to all the accessions which
the property held in usufruct may acquire, to the servitudes or easements established in
favor of such property, as well as to all the benefits inherent in the property.
-The naked owner has the right to evict the lessee (who leased the property from
the usufructuary) if the lessee occupied a portion outside the area covered by the
usufructuary rights.
-The usufructuary is deemed a “lawful possessor” for purposes of Article 429,
NCC (doctrine of self help). As such, he has the right to exclude any person from the
enjoyment of the property, including the naked owner himself. For such purpose, he may
even use force as may be reasonably necessary to repel or prevent an actual or threatened
physical invasion or usurpation of the property. However, the naked owner of an
immovable held in usufruct may, during the existence of the usufruct, enter the property
for the purpose constructing any works, making any improvements or new plantings
thereon if the land is rural, provided that such acts must not cause diminution in the value
of the usufruct or prejudice the right of the usufructuary.
-The naked owner has the right to impose, without consent of the usufructuary, a
voluntary easement upon the tenement or piece of land held in usufruct since easement
consist only of a limited use and enjoyment of the thing without possession. However, no
voluntary easement may be established on the property without the consent of both the
naked owner and the usufructuary.
-The right of the usufructuary to receive the entirety of the fruits presupposes that:
(1) the usufruct is constituted upon the whole property, otherwise, the usufructuary shall
only be entitled to the fruits of that portion over which he has a usufruct; and (2) the
parties do not have an agreement to the contrary,
-However, when the products of a thing have the tendency to diminish its
substance, such as minerals from mines and stones from quarries, they are not regarded as
fruits but part of the capital. Hence, they do not pertain to the usufructuary. However, if
the property has been devoted to the exploitation of such products even before the
constitution of the usufruct, such products may be treated as fruits that shall pertain to the
usufructuary.
-As it relates to corporate stocks, a dividend, whether cash or stock, represents
surplus profits, and therefore considered as fruits which shall pertain to the usufructuary.
-With respect to periodic pensions or interest on bonds or securities payable to
bearer, they shall be distributed as civil fruits. Hence, they shall accrue daily, and
therefore, be distributed accordingly.
-While the usufructuary does not have the right to dispose the property held in
usufruct, he has absolute control and dominion over his usufructuary rights. Hence, he

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 may alienate or encumber his right of usufruct without the consent of the owner of the
property whether by onerous or gratuitous title.
-The law does not require the usufruct to personally enjoy the property in
usufruct. He may transfer such rights of enjoyment, either by leasing the property held in
usufruct or by alienating the right of usufruct itself. All such contracts, however, shall
terminate upon the expiration of the usufruct.
-The relationship between the usufructuary and the owner continues despite the
lease or alienation of the right of usufruct, As such, the usufructuary shall be personally
liable to the naked owner for any damage to the thing in usufruct caused by the fault or
negligence of the transferee or lessee.
-Usufructuary rights which may not be alienated:
1. Legal usufruct of the parents over the fruits and income of the property of
unemancipated children pursuant to Art 226, FC, since the same must be devoted
primarily to the child’s support and secondarily to the collective needs of the family.
2. The usufruct granted to a usufructuary in consideration of his person to last
during his lifetime, since the usufructuary is a matter of personal quality.
3. When the enjoyment of the property held in usufruct is acquired to caucion
juratoria, in as much as the basis is the need of the usufructuary.
-Usufructuary has no right to demand reimbursement for improvements
introduced on the property. However, he may (1) at his option, remove the improvements
if such removal is possible without damage to the property; and (2) he may set-off the
improvements against any damage he has caused to the property held in usufruct.
-The right of the usufructuary to remove the improvements is something that is
potestative with him. He may choose not exercise it, in which case, he may not be
compelled to do so by the owner. In the event, however, that he decides to exercise such
right, he may not be prevented by the owner from doing so, even if the latter offers to pay
for the value of such improvements.
-OBLIGATIONS OF THE USUFRUCTUARY AT THE COMMENCEMENT
OF THE USUFRUCT: See obligations of the usufructuary under Art. 583, NCC (i.e.
inventory & security or bond). Effect of failure to comply: It will only prevent
usufructuary from exercising his right of usufruct but it will not result in the termination
of the usufruct.
-Effect of compliance: After compliance, the effects thereof shall retroact to the
day of the constitution of the usufruct. 638
-Exemption to give security: Art 584.
-Instances when usufructuary may be relieved of obligations to give security:
1. When no one will be injured thereby;

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 2. When the enjoyment of the property subject of the usufruct is to be acquired
through caucion juratoria Caucion juratoria refers to the promise under oath made in
court by the usufructuary who has not given security for the purpose of acquiring the use
of the following: (1) furniture necessary for his use; (2) dwelling house; or (3)
implements, tools and other movable property necessary for an industry or vocation
which he is engaged. In this kind of usufruct, the usufructuary has no right to alienate his
usufructuary right or lease the same for that would mean that he does not need the house,
furniture or implements.
-OBLIGATIONS OF THE USUFRUCTUARY DURING THE LIFE OF THE
USUFRUCT:
1. To preserve its form and substance
2. Take care of the things given in usufruct as a good father of a family
3. To make ordinary repairs on the property held in usufruct
4. To pay annual charges and taxes which are imposed on the fruits of the
property held in usufruct
5. To notify the owners of the need of urgent extraordinary repairs
6. Notify the owner of any act of third person that may be prejudicial to the rights
of the owner
-Requisites for repairs to be considered ordinary: (1) it is required by wear and
tear due to the natural use of the thing; AND (2) it is indispensable for the preservation of
the thing. If both requisites are not satisfied, then the repair is considered as
extraordinary, Hence, repairs which are caused by extraordinary circumstances, whether
or not they are necessary for the preservation of the thing, are considered extraordinary.
Likewise, those which are caused by the natural use of the thing but are not necessary for
its preservation are considered extraordinary repairs.
-Extraordinary repairs shall be made at the expense of the owner. But unlike in
the case of the ordinary repairs, the law does not oblige the owner to make the
extraordinary repairs even when the same are indispensable for the preservation of the
thing. As a consequence, the usufructuary may not compel the owner to make the repairs
in the event that the latter fails to do the same.
-Extraordinary repairs indispensable for preservation of the thing: If after notice,
the owner fails to make the extraordinary repairs, the usufructuary is then authorized to
make them, in which case, he acquires the following rights in connection therewith: (1)
right to demand from the owner, at the termination of the usufruct, the increase in value
which the immovable may have acquired by reason of the repair; and (2) the right to
retain the property held in usufruct pending reimbursement by the owner. 642
-If extraordinary expenses are indispensable for the preservation of the thing and
the same were made by the usufructuary but without prior notice to the owner, he is not
entitled to be indemnified and he is not entitled to retain the property. 642

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 -Real estate taxes on land- land tax directly burdens the capital, that is, the real
value of the property and should be paid by the owner. “Annual charges and taxes” in
Art. 596, NCC are chargeable against the usufructuary only when they can be considered
as lien upon fruits. 643
-The usufructuary is obliged to notify the owner of any act of dispossession or any
such attempt made by a third person even if it is the usufructuary who is entitled to the
possession of the property during the usufruct and not the naked owner, This is because
the usufructuary has the obligation to return the possession of the property to the naked
owner upon termination of the usufruct. Hence, any fact or issue affecting the
usufructuary’s possession of the property may also eventually affect the right of
ownership itself. 644
-The usufructuary is not, however, obliged to give notice of any act of a third
person which does not affect the right of ownership, such as when the act of a third
person affects only the rights of usufructuary with the respect to the fruits of the property.
644
-OBLIGATIONS UPON TERMINATION OF USUFRUCT: Obligation to return.
However, the usufructuary enjoys the right of retention until payment of the following:
1. Sums that may have been advanced by the usufructuary for payment of taxes
which are imposed directly on the capital; and
2. The increase in the value which the immovable acquired by reason of the
extraordinary repairs paid for by the usufructuary.
2. Classes of Usufruct
-see pp. 625-627
3. Extinguishment of the Usufruct
-See Art. 603, NCC.
-Aside from those mentioned in Art. 603, NCC, usufruct may also be
extinguished:
1. by the non-compliance with any condition agreed upon by the parties as
grounds for terminating the usufruct;
2. by the recission or annulment of the contract which is the source if the right of
usufruct;
3. by any causes which extinguish legal usufruct.
-Ordinarily, the usufruct is extinguished upon the death of the usufructuary.
Exception: when the contrary intention clearly appears. Hence, when the parties stipulate
that the death of the usufructuary will not extinguish the usufruct, then it shall continue. It
is essential, however, that there must be an express agreement that the usufruct will
continue even after the death of the usufructuary. 646

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 -Even if a period or condition is stipulated, the usufruct is extinguished upon the
death of the usufructuary unless there is an express agreement that it shall continue even
after such death. 646
-It is the death of the usufructuary which generally results in the termination of
the usufruct. Hence, the death of the naked owner will not extinguish the usufruct unless
the parties expressly so stipulate. 646
-In cases where the usufruct is granted for the time that may elapse before a third
person attains a certain age, the usufruct shall subsist for the number of years specified,
even if the third person should die before the period expires. Example: if "O" creates a
usufruct over his property in favor of "U" to last until the child of «U" ("C"), who is five
years old, reaches the age of 18 years old, the usufruct will continue for another eight
years even if "C" dies at the age of 10. 647
-However, when such usufruct has been expressly granted only in consideration
of the existence of the third person the usufruct is extinguished upon the latter's death. In
the same example, if the usufruct was constituted by "O" to help "U" pay for the support
of "C," the usufruct is extinguished upon the death of the latter. 647
-If property is expropriated for public use, usufruct is not extinguished. 649
G. Easements
1. Characteristics
2. Kinds of Easements
3. Modes of Acquiring Easements
4. Effects of Easement
5. Extinguishment of Easements
III. Different Modes of Acquiring Ownership
A. Occupation
B. Tradition
C. Donation
1. Features
2. Classifications
3. Distinctions Between Mortis Causa and Inter Vivos Donations
4. Form
5. Limitations
6. Reduction and Revocation
D. Prescription

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 1. Distinctions Between Acquisitive and Extinctive Prescription
2. Distinctions Between Extinctive Prescription and Laches
IV. Land Titles and Deeds
A. Torrens System
1. General Principles
B. Regalian Doctrine
C. Nationality Restrictions on Land Ownership
D. Original Registration (PD 1529)
1. Who May Apply
2. Decree of Registration
3. Review of Decree of Registration; Innocent Purchaser for Value (IPV); Rights
of IPV
E. An Act Improving the Confirmation Process for Imperfect Land Titles (RA 11573),
amending CA 141 and PD 1529 [See Republic v. Pasig Rizal Co., Inc., G.R. No.
213207, February 15, 2022]
F. Certificate of Title
G. Subsequent Registration
1. Voluntary Dealings
2. Involuntary Dealings
a) Adverse Claims
b) Notice of Lis Pendens
H. Non-Registrable Properties
I. Dealings With Unregistered Lands
J. Assurance Fund
1. Nature of Assurance Fund
2. Conditions for Compensation from Assurance Fund
3. Prescriptive Period
K. Reconstitution of Title
V. Wills and Succession
A. General Provisions
B. Testamentary Succession

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 1. General Provisions
2. Characteristics of a Will
3. Non-Delegability of a Testamentary Power
4. Applicable Law as to Form and Substance of a Will
5. Testamentary Capacity
6. Form of Notarial and Holographic Wills
7. Witnesses to a Notarial Will (Qualification and Disqualifications)
8. Conflict Rules
9. Modes of Revocation of Wills and Testamentary Dispositions
a) Effect on the Recognition of a Non-Marital Child
b) Theory of Dependent Relative Revocation
c) Revocation Based on a False Cause
10. Heirs
a) Compulsory Heirs
b) Institution of Heirs
(1) Limitations on the Institution of Heirs
(2) Collective Institution
(3) Proscription Against Successive Institution
(4) Institution Based on a False Cause
c) Substitution of Heirs
(1) Causes of Substitution
(2) Fideicommissary Substitution (Compared With Testamentary
Trusts)
11. Legitime
a) Collation in Connection With the Computation of Legitime
b) Table of Legitime
c) Impairment of the Legitime
d) Presumptive Legitime
12. Preterition
a) Requisites

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 b) Governing Law
13. Conditional Dispositions and Dispositions
a) Condition Not to Marry
b) Disposicion Captatoria
c) Modal Institution
14. Void Testamentary Dispositions
15. Disinheritance
a) Grounds for Disinheritance
b) Requisites for the Various Grounds for Disinheritance
c) Effects of Reconciliation
16. Legacies and Devises
a) Requisites for Validity
b) Property Not Owned by the Testator
c) Ineffective Legacies/Devises
C. Intestate Succession
1. Relationship
2. Causes of Intestacy
3. Order of Intestate Succession
4. Rule of Proximity and Rule of Equality
a) Exceptions to the Rule of Proximity and Rule of Equality
5. Determination of Heirs
6. Successional Barrier (the “Iron Curtain Rule”) (See Aquino v. Aquino, G.R.
Nos. 208912 and 209018, December 7, 2021)
7. Successional Rights of Adopted Children
8. Successional Rights of Adopting Parents
9. Successional Rights of Marital and Non-Marital Children
10. Successional Rights of the Surviving Spouse
11. Successional Rights of Collateral Relatives
D. Provisions Common to Testate and Intestate Succession
1. Capacity to Succeed

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 a) Incapacity by Reason of Unworthiness and Effects of Condonation
b) Incapacity by Reason of Morality
c) Incapacity by Reason of Possible Undue Influence
2. Right of Representation in Testacy and Intestacy
a) Requisites and Limitations
3. Right of Accretion in Testamentary Succession and in Intestacy
a) Requisites and Limitations
4. Acceptance and Repudiation of Inheritance
a) Form of Repudiation
b) Effects of Repudiation Compared to Predecease and Incapacity

OBLIGATIONS AND CONTRACTS

I. Obligations
A. General Provisions
1. Definition
2. Essential Elements
3. Sources of Obligation
B. Nature and Effects of Obligations
1. Breaches of Obligations
2. Remedies for Breach of Obligation
C. Different Kinds of Obligations
D. Extinguishment of Obligations
1. Payment
a) Concept of Payment
b) Payment by Cession vs. Dation in Payment
c) Tender of Payment and Consignation
2. Loss of the Thing Due
a) Concept of Loss
b) Requisites
c) Force Majeure

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 3. Condonation
4. Confusion
5. Compensation
a) Requisites
b) Compensation of Rescissible and Voidable Debts
c) Non-Compensable Debts
6. Novation
a) Concept of Novation
b) Expressed and Implied Novation
(1) Requisites
c) Expromision and Delegacion Distinguished
(1) Consent Required
(2) Effect of Insolvency of New Debtor
d) Legal and Conventional Subrogation
II. Contracts
A. General Provisions
1. Definition of a Contract
2. Elements of a Contract
a) Essential elements
b) Natural Elements
B. Basic Principles of Contracts
1. Obligatory Force of a Contract
2. Freedom to Stipulate (Autonomy of the Will) and its Limitations
3. Binding Effect of a Contract
4. Privity of Contract
a) Concept
b) Exceptions to the Rule on Privity of Contracts
5. Consensuality of Contracts
a) Concept and Coverage
b) Exceptions

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 c) Reformation of Instruments
C. Essential Requisites of a Contract
1. Consent
2. Object
3. Cause or Consideration
D. Defective Contracts
1. Rescissible Contracts
2. Voidable Contracts
3. Unenforceable Contracts
4. Void Contracts
III. Natural Obligations

SPECIAL CONTRACTS
I. Sales
A. Definition and Essential Requisites
B. Contract of Sale
1. Contract to Sell
2. Option Contract
3. Right of First Refusal
C. Earnest Money
D. Double Sales
E. Risk of Loss
F. Breach of Contract of Sale
1. Recto Law
2. Maceda Law
G. Extinguishment of the Sale
1. Conventional Redemption
2. Legal Redemption
H. Equitable Mortgage
I. Pacto de Retro Sales

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II. Lease
A. Kinds of Lease
B. Rights and Obligations of Lessor
C. Rights and Obligations of Lessee
III. Agency
IV. Credit Transactions
A. Loans
1. Kinds
2. Interest
B. Deposit
C. Guaranty and Suretyship
D. Real Estate Mortgage
E. Antichresis
V. Compromise
VI. Quasi-Contacts
A. Negotiorum Gestio
B. Solutio Indebiti
VII. Torts and Damages
A. Principles
1. Abuse of Rights
2. Unjust Enrichment
3. Liability Without Fault
4. Acts Contrary to Law
5. Acts Contrary to Morals
B. Classification of Torts
1. Intentional
2. Negligent
3. Strict Liability
C. The Tortfeasor

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 1. Joint
2. Direct
D. Quasi-Delict vs. Culpa Contractual vs. Culpa Criminal
1. Nature of Liability
E. Proximate Cause
1. Concept
2. Doctrine of Last Clear Chance
F. Vicarious Liability
G. Res Ipsa Loquitur
H. Damnum Absque Injuria
I. Defenses
J. Negligence
1. Standard of Care
2. Presumptions of Negligence
K. Damages
1. Kinds of Damages
a) Actual and Compensatory Damages
b) Moral Damages
c) Nominal Damages
d) Temperate or Moderate Damages
e) Liquidated Damages
f) Exemplary or Corrective Damages
2. When Damages May be Recovered
L. Damages in Case of Death
M. Duty of Injured Party

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