2023 Jurists Last Minute Tips in Civil Law

1
Jurists Last Minute Tips on Civil Law. For exclusive use of Jurists Bar reviewees. © 2023 by Jurists
Review Center, Inc. Unauthorized use, copying, dissemination, sharing, uploading, downloading, or
storage is strictly prohibited and shall be prosecuted to the full extent of the law, including the filing
of administrative complaints with the Bar Confidant, IBP, and SC as well as the filing of criminal
charges.
PRELIMINARY TITLE
 PUBLICATION (Article 2, NCC) - Laws shall take effect after fifteen days following
the completion of their publication in the Official Gazette or in a newspaper of general
circulation in the Philippines, unless it is otherwise provided. Publication is
indispensable in every case, but the legislature may in its discretion provide that the
usual fifteen-day period shall be shortened or extended.
 NATIONALITY RULE (Article 15, NCC) - Laws relating to family rights and duties, or
to the status, condition and legal capacity of persons are binding upon citizens of the
Philippines, even though living abroad.
 LEX REI SITAE (Article 16 NCC) - Real property as well as personal property is
subject to the law of the country where it is situated. However, intestate and
testamentary successions, both with respect to the order of succession and to the
amount of successional rights and to the intrinsic validity of testamentary provisions,
shall be regulated by the national law of the person whose succession is under
consideration, whatever may be the nature of the property and regardless of the
country wherein said property may be found.
 LEX LOCI CELEBRATIONIS (Article 17 NCC) - The forms and solemnities of

contracts, wills, and other public instruments shall be governed by the laws of the
country in which they are executed. When the acts referred to are executed before the
diplomatic or consular officials of the Republic of the Philippines in a foreign country,
the solemnities established by Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which have for
their object public order, public policy and good customs shall not be rendered
ineffective by laws or judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.
 SUMMARY OF RULES (ARTICLES 14,15,16,17 NCC)

(i) With respect to penal laws and laws of public security – Penal laws are
obligatory upon those who live or sojourn in Philippine territory, but, this rule is
subject to the principles of public international law and to treaty stipulations.
(ii) With respect to laws relating to Family Rights and Duties or to the Status,
Condition and Legal Capacity of Persons – As a general rule, nationality rule
applies regardless of their place of residence. However, if a divorce is validly
obtained abroad by alien spouse capacitating him or her to remarry, the Filipino
spouse shall have the capacity to remarry under Philippine law.
(iii) With respect to Laws on Real and Personal Property – The doctrine of Lex Rei
Sitae shall govern which provides that the law of the country where the property
is situated shall govern property transactions.
EXCEPT – Order of succession, Amount of successional rights and Intrinsic
validity of testamentary provisions.
(iv) With respect to Laws on Forms and Solemnities – The doctrine of Lex Loci
Celebrationis shall govern which provides that forms and solemnities of
contracts, wills and other public instruments (pertaining to extrinsic validity) shall
be governed by the laws of the country in which they are executed.
RENVOI
 Renvoi takes place when the conflicts rule of the forum makes a reference to a foreign
law, but the foreign law is found to contain a conflict rule that returns or refers the
matter back to the law of the forum (Remission) or a third state (Transmission).
 The recognition of the renvoi theory implies that the rules of the conflict of laws are to
be understood as incorporating not only the ordinary or internal law of the foreign
state or country, but its rules of the conflict of laws as well.
charges.
 Aznar vs. Garcia, G.R. No. L-16749, January 31, 1963 – Testator was a citizen of
California but domiciled in the Philippines. Will was presented for probate. Under
Philippine Law, succession is governed by deceased’s national law (California).
However, California law states that succession is governed by law of domicile (Philippine
Law). The court of the domicile cannot and should not refer the case back to California;
such action would leave the issue incapable of determination because the case will then
be like a football, tossed back and forth between the two states, between the country in
which the decedent was a citizen and the country of his domicile. The Philippine court
must apply its own law as directed in the conflict of laws rule of the state of the
decedent.
HUMAN RELATIONS/ ACTION FOR DAMAGES

(i) NORMS OF CONDUCT (Article 19 NCC) - Every person must, in the exercise of his
rights and in the performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith.
(ii) ACTS IN VIOLATION OF LAW (Article 20 NCC) - Every person who, contrary to law,
wilfully or negligently causes damage to another, shall indemnify the latter for the same.
(iii) CONTRA BONUS MORES (Article 21 NCC) - Any person who wilfully causes loss or
injury to another in manner that is contrary to morals, good customs or public policy
shall compensate the latter for the damage.
PRINCIPLE OF ABUSE OF RIGHTS

Tocoms Philippines Inc., vs. Philpis Electronics and Lighting, Inc., G.R. No. 214046,
February 05, 2020, J. Reyes
• Article 19 has three elements, namely: (1) the existence of a legal right or duty, (2) an
exercise of such right or discharge of such duty in bad faith, and (3) such exercise of right
or discharge of duty was made with the sole intent of prejudicing or injuring another.
However, the Court has also held that: There is no hard and fast rule which can be
applied to determine whether or not the principle of abuse of rights may be invoked.
• The question of whether or not the principle of abuse of rights has been violated,
resulting in damages under Articles 20 and 21 or other applicable provision of law,
depends on the circumstances of each case.
• The principle of abuse of rights may be invoked if it is proven that a right or duty was
exercised in bad faith, regardless of whether it was for the sole intent of injuring another.
Thus, it is the absence of good faith which is essential for the application of this principle.
• Bad faith is the crucial element to a violation of Article 19. The mala fide exercise of a
legal right in accordance with Article 19 is penalized by Article 21, under which "[a]ny
person who wilfully causes loss or injury to another in a manner that is contrary to morals,
good customs or public policy shall compensate the latter for the damage." Stated
differently, Article 19 imposes upon all persons exercising their legal rights the duty to act
with justice, give everyone his due, and to observe honesty and good faith. Failure to
discharge such duties is compensable under Article 20 if the act is "contrary to law"; and
under Article 21 if the act is legal but "contrary to morals, good customs, or public policy."
PERSONS AND FAMILY RELATIONS
PERSONS
• CIVIL PERSONALITY - Civil Personality is the aptitude of being the subject of rights and
obligations. It synonymous with Juridical Capacity which is “the fitness to be the subject
of legal relations.” Capacity to Act, on the other hand, is to “power to do acts with legal
effects”.
• PRESUMPTIVE CIVIL PERSONALITY - Conceived child shall be considered born for all
purposes favorable to it, provided it is born later with the conditions specified in Article 41,
to wit: A fetus with an intra-uterine life of Less than 7 months - Must survive for at least 24
hours after its complete delivery from the maternal womb; Intrauterine line of at least 7
months - If born alive, it shall be considered born even if it dies within 24 hours after
complete delivery.
charges.
ABSENCE/ PRESUMPTION OF DEATH
• Articles 390 and 391 of the Civil Code express the general rule regarding presumptions
of death for any civil purpose, to wit:
o Art. 390. After an absence of seven years, it being unknown whether or not the
absentee still lives, he shall be presumed dead for all purposes, except for those
of succession. The absentee shall not be presumed dead for the purpose of
opening his succession till after an absence of ten years. If he disappeared after
the age of seventy-five years, an absence of five years shall be sufficient in order
that his succession may be opened.
o ARTICLE 391. The following shall be presumed dead for all purposes, including
the division of the estate among the heirs: (i) A person on board a vessel lost
during a sea voyage, or an aeroplane which is missing, who has not been heard
of for four years since the loss of the vessel or aeroplane; (ii) A person in the
armed forces who has taken part in war, and has been missing for four years; (iii)
A person who has been in danger of death under other circumstances and his
existence has not been known for four years.
• In our jurisdiction, a petition whose sole objective is to have a person declared
presumptively dead under the Civil Code is not regarded as a valid suit and no court has
any authority to take cognizance of the same, because:
1. Articles 390 and 391 of the Civil Code merely express rules of evidence that only
allow a court or a tribunal to presume that a person is dead upon the establishment
of certain facts.
2. Since Articles 390 and 391 of the Civil Code merely express rules of evidence, an
action brought exclusively to declare a person presumptively dead under either of the
said articles actually presents no actual controversy that a court could decide. In
such action, there would be no actual rights to be enforced, no wrong to be remedied
nor any status to be established.
3. A judicial pronouncement declaring a person presumptively dead under Article 390
or Article 391 of the Civil Code, in an action exclusively based thereon, would never
really become "final" as the same only confirms the existence of a prima facie or
disputable presumption. The function of a court to render decisions that is supposed
to be final and binding between litigants is thereby compromised.
4. Moreover, a court action to declare a person presumptively dead under Articles 390
and 391 of the Civil Code would be unnecessary. The presumption in the said
articles is already established by law. (ESTRELLITA TADEO MATIAS v. REPUBLIC
OF THE PHILIPPINES, G.R. No. 230751, April 25, 2018)
DECLARATION OF PRESUMPTIVE DEATH FOR PURPOSE OF RE-MARRIAGE

(Republic vs. Ponce-Pilapil, G.R. No. 219185, November 25, 2020, J. Hernando)
• Four requisites for a grant of a petition for declaration of presumptive death under
Article 41 of the Family Code:
o first, the absent spouse has been missing for four consecutive years, or two
consecutive years if the disappearance occurred where there is danger of death
under the circumstances laid down in Article 391 of the Civil Code;
o second, the present spouse wishes to remarry;
o third, the present spouse has a well-founded belief that the absentee is dead; &
o fourth, the present spouse files for a summary proceeding for the declaration of
presumptive death of the absentee.
• The well-founded belief in the absentee's death requires the present spouse to prove
that his/her belief was the result of diligent and reasonable efforts to locate the absent
spouse and that based on these efforts and inquiries, he/she believes that under the
circumstances, the absent spouse is already dead. It necessitates exertion of active
effort (not a mere passive one).
• Mere absence of the spouse (even beyond the period required by law), lack of any
news that the absentee spouse is still alive, mere failure to communicate, or general
presumption of absence under the Civil Code would not suffice.
• A declaration of presumptive death must be predicated upon a well-founded fact of
death. The fact that the absent spouse is merely missing, no matter how certain and
undisputed, will never yield a judicial presumption of the absent spouse's death.
charges.
USE OF SURNAMES
• Article 174. Legitimate children shall have the right to bear the surnames of the father
and the mother, in conformity with the provisions of the Civil Code on Surnames.
• Article 364 of the Civil Code provides: Legitimate and legitimated children shall
principally use the surname of the father.
• Indeed, the provision states that legitimate children shall "principally" use the surname
of the father, but "principally" does not mean "exclusively." This gives ample room to
incorporate into Article 364 the State policy of ensuring the fundamental equality of
women and men before the law, and no discernible reason to ignore it. (ANACLETO
BALLAHO ALANIS III vs. CA, G.R. No. 216425, November 11, 2020)
• Illegitimate children shall bear the surname of the mother. RA 9255 – allows
illegitimate child to use the surname of the father provided, filiation is recognized: (i)
record of birth appearing in the civil register, (ii) admission in public document/ private
hand-written instrument.
MARRIAGE
• REQUISITES OF MARRIAGE
o ESSENTIAL REQUISITES
(i) Legal capacity of the contracting parties - A male and a female; At least 18
years of age; Must not be suffering from any legal impediment of subsisting
marriage; Relationship does not fall under Arts 27 or 38 FC;
(ii) Consent freely given by the contracting parties before the solemnizing officer.
o FORMAL REQUISITES
(i) Authority of the solemnizing officer
(ii) A valid marriage license; and
(iii) Marriage ceremony
• STATUS OF MARRIAGE
(i) The absence of any of the essential or formal requisites shall render the marriage
void ab initio.
(ii) A defect in the essential requisite of consent shall render the marriage voidable.
(iii) An irregularity in any of the formal requisites shall not affect the validity of the
marriage but the party responsible for the irregularity shall be civilly, criminally and
administratively liable.
• EXCEPTION FROM MARRIAGE LICENSE REQUIREMENT

o Marriage license is valid for 120days; marriage with expired license or without
license is void.
o Unless exempt:
(i) Marriage in articulo mortis;
(ii) parties are residents of remote place where there is no means of
transportation going to the office of the civil registrar;
(iii) marriage between muslims and members of ethnic cultural communities,
provided that it is celebrated in accordance with customs, rites, traditions
and practices;
(iv) parties have been cohabiting for at least 5 years characterized by
continuity and exclusivity.
MARRIAGES SOLEMNIZED ABROAD

- If marriage is valid abroad, it is also valid in the Philippines. [Art 26 (1)] Except:
(i) Art 35 (1) - lack of legal capacity
(ii) Art 35 (4) - bigamous or polygamous marriage
(iii) Art 35 (5) - mistake as to identity
(iv) Art 35 (6) – non-compliance with registration requirements before remarriage
(v) Art 36 – psychological incapacity
(vi) Art 37 – incestuous marriage
(vii) Art 38 – void due to public policy
charges.
RULES ON DIVORCE
(i) Philippine laws do not provide for absolute divorce, and hence, the courts cannot
grant the same.
(ii) Consistent with Articles 15 and 17 of the Civil Code, the marital bond between two
(2) Filipino citizens cannot be dissolved even by an absolute divorce obtained
abroad;
(iii) An absolute divorce obtained abroad by a couple who are both aliens may be
recognized in the Philippines, provided it is consistent with their respective national
laws; and
(iv) In mixed marriages involving a Filipino and a foreigner, the former is allowed to
contract a subsequent marriage in case the absolute divorce is validly obtained
abroad by the alien spouse capacitating him or her to remarry. (SIMUNDAC-
KEPPEL VS. KEPPEL, G.R. No. 202039. AUGUST 14, 2019, J. Bersamin)
DIVORCE IN MIXED MARRIAGE

(Galapon v. Republic, G.R. No. 243722, 22 January 2020, J. Caguioa)
• The twin elements for the application of Paragraph 2 of Article 26 as follows:
1. There is a valid marriage that has been celebrated between a Filipino citizen
and a foreigner; and
2. A valid divorce is obtained abroad by the alien spouse capacitating him or her
to remarry.
• In the case of Manalo the Court extended the scope of Article 26 (2) and removed
the distinction between a Filipino who initiated a foreign divorce proceeding and a
Filipino who is at the receiving end of an alien initiated proceeding. Therefore, the
subject provision should not make a distinction. In both instances it is extended as
a means to recognize the residual effect of the foreign divorce decree on Filipinos
whose marital ties to their alien spouses are severed by operation of the latter’s
national law.
• Galapon case is divorce by mutual agreement in South Korea. The Cheongju local
court in South Korea confirmed the divorce decree. The decree was submitted for
judicial recognition in the Philippines, but was opposed by the Republic because it
was obtained by agreement and not through adversarial proceedings.
• Pursuant to the majority in the Manalo case, Article 26 (2) applies to mixed
marriages where the divorce decree is:
(i) obtained by the foreign spouse
(ii) obtained jointly by the Filipino and foreign spouse; and
(iii) obtained solely by the Filipino spouse.
• Hence, the divorce decree obtained by Park, with or without Cynthia’s conformity,
falls within the scope of Article 26 (2) and merits recognition in this jurisdiction.
PSYCHOLOGICAL INCAPACITY
(Tan-Andal vs. Andal, G.R. 196359, May 11, 2021, En Banc)
• Psychological incapacity is neither a mental incapacity nor a personality disorder
that must be proven through expert opinion. There must be proof, however, of the
durable or enduring aspects of a person's personality, called “personality structure,”
which manifests itself through clear acts of dysfunctionality that undermines the
family. The spouse's personality structure must make it impossible for him or her to
understand and, more important, to comply with his or her essential marital
obligations.
• JURIDICAL ANTECEDENCE - A party to a nullity case is still required to prove
juridical antecedence because it is an explicit requirement of the law. Article 36 is
clear that the psychological incapacity must be existing “at the time of the
celebration” of the marriage, “even if such incapacity becomes manifest only after
its solemnization.” This distinguishes psychological incapacity from divorce. Divorce
severs a marital tie for causes, psychological or otherwise, that may have
developed after the marriage celebration.
charges.
• INCURABLE - The psychological incapacity is incurable, not in the medical, but in the
legal sense. This means that the incapacity is so enduring and persistent with respect
to a specific partner, and contemplates a situation where the couple's respective
personality structures are so incompatible and antagonistic that the only result of the
union would be the inevitable and irreparable breakdown of the marriage. “[A]n
undeniable pattern of such persisting failure [to be a present, loving, faithful, respectful,
and supportive [spouse] must be established so as to demonstrate that there is
indeed a psychological anomaly or incongruity in the spouse relative to the other.
• GRAVE - With respect to gravity, the requirement is retained, not in the sense that the
psychological incapacity must be shown to be a serious or dangerous illness, but that
“mild characterological peculiarities, mood changes, occasional emotional outbursts
are excluded. The psychological incapacity cannot be mere “refusal, neglect, or
difficulty, much less ill-will.” In other words, it must be shown that the incapacity is
caused by a genuinely serious psychic cause.
• TOTALITY OF EVIDENCE – testimony of psychologist or psychiatrist is not
mandatory. Totality of evidence must show CLEAR and CONVINCING EVIDENCE to
cause the declaration of nullity of marriage. This is a quantum of proof that requires
more than preponderant evidence but less than proof beyond reasonable doubt.
• MANIFESTATION MAY BE A GROUND FOR LEGAL SEPARATION - It is possible
that the marriage is attended by psychological incapacity of one or both spouses, with
the incapacity manifested in ways that can be considered as grounds for legal
separation. At any rate, so long as a party can demonstrate that the drug abuse is a
manifestation of psychological incapacity existing at the time of the marriage, this
should be enough to render the marriage void under Article 36 of the Family Code.
VOID MARRIAGE & ITS EFFECTS (PULIDO v. PEOPLE, G.R. No. 220149, JULY 27,
2021, En Banc)
• A judicial declaration of absolute nullity of either the first and second marriages
obtained by the accused is considered a valid defense in bigamy.
• Article 40 of the Family Code does not withhold from the accused the right to invoke
the defense of a void ab initio marriage even without a judicial decree of absolute
nullity in criminal prosecution for bigamy.
• What is penalized under Article 349 of the RPC is the act of contracting a subsequent
marriage while the prior marriage was valid and subsisting. This simply connotes that
this provision penalizes contracting of a voidable or valid marriage and not a void ab
initio marriage.
• With the retroactive effects of a void ab initio marriage, the marriage is considered non-
existent from the time of celebration of marriage.
• The parties are not required to obtain a Judicial declaration of nullity of a void ab initio
first and subsequent marriages in order to raise it as a defense in a bigamy case. The
same rule applies to all marriages celebrated under the Civil Code and the Family
Code.
• Article 40 of the Family Code did not amend Article 349 of the RPC, and thus, did not
deny the accused the right to collaterally attack the validity of a void ab initio marriage
in the criminal prosecution for bigamy.
• However, if the first marriage is merely voidable, the accused cannot interpose an
annulment decree as a defense in the criminal prosecution for bigamy since the
voidable first marriage is considered valid and subsisting when the second marriage
was contracted. The crime of bigamy, therefore, is consummated when the second
marriage was celebrated during the subsistence of the voidable first marriage. The
same rule applies if the second marriage is merely considered as voidable.
NO PRESCRIPTIVE PERIOD IN ASKING FOR DECLARATION OF NULLITY

• Art 39 FC – Contracting parties or the aggrieved spouse may file the action for
declaration of nullity.
• After death of contracting party/parties, their heirs may attack the validity of marriage
not in a direct action for declaration of nullity of marriage but collaterally in proceedings
for the settlement of estate to determine their successional rights. (Heirs of Aguas v.
Calilung, G.R. No. 241036, January 26, 2021, En Banc)
charges.
VOIDABLE MARRIAGES (Article 45 FC)
• marriages that are valid until annulled.
• GROUNDS - A marriage may be annulled for any of the following causes, existing
at the time of the marriage:
(i) 18 years old but below 21 without parental consent
(ii) Insanity
(iii) Vitiated consent due to Fraud
(iv) Vitiated consent due to Force, intimidation or undue influence
(v) Impotency (existing at celebration of marriage, continues and appears
incurable)
(vi) Sexually transmissible Disease (existing at celebration of marriage, serious
and appears incurable)
FOUR CIRCUMSTANCES OF FRAUD (Article 46 FC)

(i) Non-disclosure of a previous conviction by final judgment of the other party of a
crime involving moral turpitude;
(ii) Concealment by the wife of the fact that at the time of the marriage, she was
pregnant by a man other than her husband
(iii) Concealment of sexually transmissible disease, regardless of its nature, existing at
the time of the marriage; or
(iv) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism
existing at the time of the marriage.
- No other misrepresentation or deceit as to character, health, rank, fortune or
chastity shall constitute such fraud as will give grounds for action for the
annulment of marriage.
GROUNDS FOR DENIAL OF ANNULMENT

(1) Prescription; (2) Convalidation; (3) No personality to file the petition
o Lack of parental consent
- may be filed by parent before child reaches 21
- by the contracting party, 5 years upon reaching 21
- voluntary cohabitation upon reaching 21 convalidates the marriage
o Insanity
- may be filed by the sane, insane, parents/guardian of insane
- at anytime before death of either contracting party
- voluntary cohabitation by insane upon coming to reason convalidates
o Fraud
- aggrieved spouse must file within 5 years upon discovery of fraud
- voluntary cohabitation by aggrieved spouse upon discovery of fraud
convalidates
o Force, intimidation, undue influence
- aggrieved spouse must file within 5 years upon cessation of force,
intimidation or undue influence
- voluntary cohabitation by aggrieved spouse upon cessation of force,
intimidation or undue influence convalidates
o Impotency & STD
- Injured party must file 5 years from celebration of marriage
- No convalidation only prescription
LEGAL SEPARATION (Art. 55 FC)

• available to parties in a valid but failed marriage for the purpose of obtaining a
decree from the court entitling him or her certain reliefs such as the right to live
separately from each other (without affecting the marital bond that exists between
them), the dissolution and liquidation of their absolute community or conjugal
partnership property regime and the custody of their minor children.
charges.
GROUNDS FOR LEGAL SEPARATION (Art. 55 FC)
(1) Repeated physical violence or grossly abusive conduct directed against the
petitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child
of the petitioner, to engage in prostitution, or connivance in such corruption or
inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years,
even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad;
(8) Sexual infidelity or perversion
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one
year.
GROUNDS FOR DENIAL OF LEGAL SEPARATION

(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or act
complained of;
(3) Where there is connivance between the parties in the commission of the offense or
act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain decree of legal separation; or
(6) Where the action is barred by prescription. (5 years from occurrence)
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

• MARRIAGE SETTLEMENT - It is a contract entered into by a man and a woman
who intend or plan to get married fixing the property regime that will govern their
present and future properties during their marriage. Requisites of a valid marriage
settlement:
(i) In writing;
(ii) Signed by the parties;
(iii) Executed before the celebration of marriage;
(iv) Signed by parent/guardian - If 18-21, civil interdiction, disability (Arts 78 and 79,
FC)
(v) Registration (to bind 3rd persons, but not required for validity). (Art. 77, FC)
• ABSOLUTE COMMUNITY OF PROPERTY - A property regime wherein the

spouses are considered co-owners of all property brought into the marriage as well
as those acquired during the marriage, which are not otherwise excluded from the
community either by the provisions of the Family Code or by the marriage
settlement.
o Properties excluded under the Absolute Community
(i) Property acquired during the marriage by gratuitous title and its fruits as
well as income thereof unless the grantor expressly provide they shall
form part of the community property;
(ii) Property for personal and exclusive use of either spouses, except jewelry
which form part of the absolute community because of their monetary
value;
(iii) Property acquired before the marriage by one with legitimate descendants
by former marriage and its fruits and income, if any;
(iv) Those excluded by the marriage settlement (Article 92, FC).
charges.
• CONJUGAL PARTNERSHIP OF GAINS - It is the property relation by the
husband and the wife by placing in a common fund: Proceeds, product, fruits and
income of their separate properties; and, Those acquired by either or both of them
through efforts or by Chance (Art 106 FC)
o Exclusive Property of the spouses (FC, Art 109)
(i) Those brought into the marriage as his/her own;
(ii) Those acquired during the marriage by gratuitous title;
(iii) Those acquired by right of redemption, barter, or exchange with
exclusive property;
(iv) That purchased with exclusive property
• SEPARATION OF PROPERTY AND ADMINISTRATION OF COMMON

PROPERTY BY ONE SPOUSE DURING THE MARRIAGE - In the absence of an
express declaration in the marriage settlements, the separation of property
between spouses during the marriage shall not take place except by judicial
order. Such judicial separations of property may either be VOLUNTARY or for
SUFFICIENT CAUSE. (Art 134 FC)
• SUFFICIENT CAUSES FOR JUDICIAL SEPARATION OF PROPERTY (ART 135

FC)
(i) Civil interdiction;
(ii) Judicial declaration of absence;
(iii) Loss of parental authority as decreed by the court
(iv) Abandonment or failure to comply with family obligations;
(v) Administrator spouse has abused authority;
(vi) Separation in fact for one year and reconciliation is highly improbable.
• REGIME OF SEPARATION OF PROPERTY - The system of CSOP will govern

the property relations between the spouses only in the following cases:
(i) When it is expressly provided for in the marriage settlement (Art 143, FC);
(ii) When it is so decreed by the court (Legal Separation, Judicial Sep of
Property);
• Mandatory regime of complete separation of property – By failure of the

surviving spouse to liquidate the absolute community or conjugal partnership of
gains of a previous marriage which has been terminated by death within the one-
year period required by law prior to contracting another marriage. The subsequent
marriage is mandatorily governed by a regime of complete separation. (Art 103
FC)
• PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE - Property regime of

Unions without marriage is Co-ownership either under Article 147 or Article 148
FC
o Article 147 FC - The man and the woman must be capacitated to marry
each other Live exclusively with each other as husband and wife; and Their
union is without the benefit/ void marriage (Parties capacitated to marry
and without legal impediments to marry; Void marriage on the ground of
absence of formal requisites, or psychological incapacity)
o Article 148 FC - The man and the woman must be incapacitated to marry
each other; or they do not live exclusively with each other as husband and
wife; and their union is without the benefit of marriage/ void marriage.
(Parties with legal impediments caused by: Adulterous relationships;
Bigamous/ polygamous marriages; Incestuous void marriages under Art.
37; Void marriages by reason of public policy; Absence of legal capacity)
10
charges.
TAN-ANDAL VS. ANDAL, G.R. 196359, MAY 11, 2021, EN BANC
• Void marriages are no marriages. Thus, the provisions of the Family Code on
property relations between husband and wife—the systems of absolute community,
conjugal partnership of gains, and separation of property—do not apply in disposing
of properties that may have been acquired during the parties' cohabitation. Instead,
the property regime of parties to a void marriage is governed either by Article 147 or
Article 148 of the Family Code, depending on whether the parties have no legal
impediment to marry.
• Art. 147 capacitated; Art. 148 suffering from lack of legal capacity. - The term
"capacitated" in Article 147 refers to the legal capacity of a party to contract
marriage, i.e., any "male or female of the age of eighteen years or upwards not
under any of the impediments mentioned in Articles 37 and 38" of the Code. Article
37 refers to incestuous marriages, while Article 38 refers to void marriages due to
public policy.
• Mario and Rosanna are parties to a void marriage due to psychological incapacity.
When they were married in 1995, Mario was 33 years old while Rosanna was 31.
There is no showing that the marriage was incestuous or void due to public policy.
They likewise lived exclusively with each other as husband and wife until they
separated in 2000. Being capacitated to marry each other and having lived
exclusively with each other albeit under a void marriage, Article 147 of the
Family Code governs their property relations.
• WAGES & SALARIES - Under Article 147, wages and salaries earned by the
parties during their cohabitation shall be equally divided between them. This is
regardless of who worked to earn the wage or salary.
• PROPERTIES DURING COHABITATION - With respect to properties acquired
during their cohabitation, the rules on co-ownership under the Civil Code govern.
Therefore, a property acquired during the parties' cohabitation shall be presumed to
have been acquired through the parties' joint efforts.
o For purposes of Article 147, "joint efforts" includes a party's care and
maintenance of the family and of the household. With this presumption, the
parties are deemed to own the property in equal shares.
o However, if a piece of property was obtained through only one party's effort,
work, or industry, and there is proof that the other did not contribute through the
care and maintenance of the family and of the household, the property acquired
during the cohabitation shall be solely owned by the party who actually worked
to acquire the property.
• There is proof that the property was not obtained by Mario and Rosanna's joint
efforts, work, or industry. Mario has no share in the property because he did not
contribute funds. He also did not contribute through care for and maintain the family
and the household.
• Article 148 FC - The man and the woman must be incapacitated to marry each
other; or they do not live exclusively with each other as husband and wife; and their
union is without the benefit of marriage/ void marriage. (Parties with legal
impediments caused by: Adulterous relationships; Bigamous/ polygamous
marriages; Incestuous void marriages under Art. 37; Void marriages by reason of
public policy; Absence of legal capacity)
o Art 148 FC - only the properties acquired by both of the parties through their
actual joint contribution of money, property, or industry shall be owned by them
in common in proportion to their respective contributions.
o Properties during cohabitation presumed acquired through parties’ joint efforts.
If there is proof to the contrary, then property is co-owned based on respective
actual contributions.
o Efforts in care and maintenance of the family and of the household is not
considered as contribution in Art 148.
o If a party is legally married, his/her share in the co-ownership shall accrue to
the property regime of the valid marriage.
11
charges.
PATERNITY AND FILIATION
 LEGITIMATE CHILDREN - Those who are conceived OR born during the
marriage of the parents (Art 164 FC)
o Exception: Born outside of a valid marriage (void marriages) but considered
as legitimate child: (i) Children of marriages which are declared void under
Art. 36; and (ii) Children of marriages which are declared void under Art. 53.
 ILLEGITIMATE CHILDREN – conceived and born outside of wedlock of parents,
except Arts 36 and 53
 LEGITIMATED CHILDREN – conceived and born outside of wedlock of parents
without impediment to marry at the time of conception or were so disqualified only
because either or both of them were below 18 years of age (FC, Art. 177, RA
9858)
 PROOFS OF FILIATION
o Primary proofs
(i) The record of birth appearing in the civil register or a final judgment; or
(ii) An admission of legitimate filiation in a public document or a private
handwritten instrument and signed by the parent concerned.
o Secondary proofs - In the absence of the foregoing evidence, the legitimate
filiation shall be proved by:
(iii) The open and continuous possession of the status of a legitimate child; or
(iv) Any other means allowed by the Rules of Court and special laws.
PRESCRIPTIVE PERIOD IN CLAIMING FILIATION

• Legitimate Filiation - may be brought by the child during his or her lifetime and
shall be transmitted to the heirs should the child die during minority or in a state of
insanity. In these cases, the heirs shall have a period of five years within which to
institute the action.
• Illegitimate Filiation - illegitimate children may establish their illegitimate filiation
in the same way and on the same evidence as legitimate children. However, if
claim is based on second paragraph of Article 172 (Secondary Proofs), in which
case the action may be brought during the lifetime of the alleged parent.
WHO MAY IMPUGN LEGITIMACY? – HUSBAND.

• Except: The heirs of the husband may impugn the filiation of the child within the
period prescribed in the preceding article only in the following cases:
(1) If the husband should die before the expiration of the period fixed for bringing
his action;
(2) If he should die after the filing of the complaint without having desisted
therefrom; or
(3) If the child was born after the death of the husband. (Art. 171 FC)
GROUNDS TO IMPUGN LEGITIMACY: (ART 166 FC)

1) That it was physically impossible for the husband to have sexual intercourse with
his wife within the first 120 days of the 300 days which immediately preceded the
birth of the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with his
wife;
(b) the fact that the husband and wife were living separately in such a way that
sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;
2) That it is proved that for biological or other scientific reasons, the child could not
have been that of the husband, except in the instance provided in the second
paragraph of Article 164; or
3) That in case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence.
12
charges.
PRESCRIPTIVE PERIOD – 1, 2 OR 3 YEARS
• Art. 170. The action to impugn the legitimacy of the child shall be brought within
one year from the knowledge of the birth or its recording in the civil register, if the
husband or, in a proper case, any of his heirs, should reside in the city or
municipality where the birth took place or was recorded.
If the husband or, in his default, all of his heirs do not reside at the place of birth as
defined in the first paragraph or where it was recorded, the period shall be two
years if they should reside in the Philippines; and three years if abroad. If the birth
of the child has been concealed from or was unknown to the husband or his heirs,
the period shall be counted from the discovery or knowledge of the birth of the child
or of the fact of registration of said birth, whichever is earlier.
ORDOÑA VS. THE LOCAL CIVIL REGISTRAR OF PASIG CITY, G.R. No. 215370,
November 09, 2021, EN BANC
• Article 164 of the Family Code provides that "children conceived or born during the
marriage of the parties are legitimate."
• The presumption of legitimacy under Article 164 of the Family Code is not
conclusive. It may be disputed based on the grounds and manner provided under
Articles 166, 170, and 171 of the same law. The presumption of legitimacy is
"quasi-conclusive" and may be rebutted or overthrown.
• The mother who was in a valid and subsisting marriage at the time of conception or
giving birth to her child is prohibited under from impugning the legitimacy of her
child. The proscription remains even if the mother is an estranged wife.
• The child who was conceived or born during a valid and existing marriage has no
right to impugn his own legitimacy under the Family Code. He cannot choose his
own filiation.
• It is only the father, or in exceptional circumstances, his heirs, who may impugn the
child's legitimacy on grounds provided under Article 166 of the Family Code within
the periods provided under Article 170 in relation to Article 171 of the Family Code.
• Upon the expiration of the periods, the status conferred by the presumption
becomes fixed and can no longer be questioned.
ADOPTION
• Refers to the socio-legal process of providing a permanent facility to a child whose
parents had voluntarily given up their parental rights, permanently transferring all
rights and responsibilities, along with filiation, making the child a legitimate child of
the adoptive parents
• DOMESTIC ADOPTION - Refers to an administrative adoption proceeding where
the Order of Adoption is issued within the Philippines and is undertaken between a
Filipino child and eligible adoptive parents.
• INTER-COUNTRY ADOPTION - Refers to the socio-legal process of adopting a
child by a foreign national or a Filipino citizen habitually a resident outside
Philippine territory which complies with the principles in the Hague Convention of
1993.
• Spouses shall jointly adopt, EXCEPT:
(i) If one spouse seeks to adopt the legitimate child of the other; or
(ii) If one spouse seeks to adopt own illegitimate child; Provided, That the other
spouse has signified consent thereto; or
(iii) If the spouses are legally separated from each other.
PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
 ACCESSION CONTINUA (incorporated or attached to the property) - The right

pertaining to the owner of a thing over everything that is incorporated or attached
thereto either naturally or artificially; by external forces.
13
charges.
• BASIC PRINCIPLES:
(i) He who is in good faith may be held responsible but will not be penalized.
(ii) To the owner of a thing belongs the extension or increase of such thing.
(iii) Bad faith of one party neutralizes the bad faith of the other.
(iv) There should be no unjust enrichment at the expense of others.
(v) Bad faith involves liability for damages.
(vi) Accessory follows the principal.
(vii) Accession exists only if the incorporation is such that separation would either
seriously damage the thing or diminish its value.
• ARTICLES 448, 449, 452, 454

(i) Land Owner vs. B/P/S (owner of materials) - both in good faith
LO – right to appropriate; right to demand price of land if value is not
considerably higher than building/tree; right to rent from sower; right to rent
from BP in forced lease if value of land is considerably higher that than
building/tree.
BPS – right of reimbursement of necessary and useful expense if LO chose to
appropriate; right of retention
(ii) LO in good faith vs. BPS in bad faith
LO – right to appropriate plus damages; right to ask for removal plus damages;
absolute right to demand price of land plus damages.
BPS - no right except necessary expenses, liable for damages
(iii) LO in bad faith vs. BPS in good faith
BPS – right to ask for reimbursement plus damages; absolute right to ask for
removal plus damages
LO - no right, liable for damages.
(iv) LO in bad faith vs. BPS in bad faith - Treated as both acted in good faith
• ACCESSION NATURAL - 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.
• ALLUVIUM - The soil deposited or added to the lands adjoining the banks of
rivers, and gradually received as an effect of the current of the waters.
o REQUISITES: (i) The deposit should be gradual and imperceptible; (ii) Cause is
the current of river; (iii) Cannot be done artificially or man-made causes; (iv) That
the land where accretion takes place is adjacent to the bank of the river.
• RIGHTS OF CO-OWNERSHIP
1. Right to Share in the Benefits as well as the Charges - Proportional to their
interests; Stipulation to the contrary is void; Portion belonging to the co-owners
is presumed equal.
2. Right to use the thing owned in common - Use the thing in accordance with the
purpose for which it is intended; Use it in such a way as to not injure the
interest of the co-ownership or prevent the other co-owners from using it
according to their right; If co-owner exclusively uses property owned in
common, he is liable to pay rentals for other co-owners’ share
• DECISIONS AFFECTING CO-OWNERSHIP

1. Acts of preservation, maintenance, necessary repairs - Any co-owner may
decide, but he must, if practicable, first notify the other co-owners; Anyone may
exempt himself from contribution by renouncing his interest unless waiver is
prejudicial to co-ownership
2. Acts of administration or management - Majority of the co-owners; majority of
interest (controlling);
3. Acts of alterations, encumbrance or alienations - Unanimous consent of all
14
charges.
• POSSESSION IN GOOD FAITH - Consists in the possessor’s belief that the person
from whom he received a thing was the owner of the same and could convey his title
• POSSESSION IN BAD FAITH - Has personal knowledge of the flaw in the title or
mode of acquisition can make him a possessor in bad faith, for bad faith is not
transmissible from one person to another
RULES ON EXPENSES & LOSSES IN POSSESSION

• Necessary – those which are incurred for the preservation of the thing.
GF – Reimbursement, Retention
BF – Reimbursement only
• Useful – incurred for the greater productivity or utility of the thing.
GF – Reimbursement, Retention, Limited Removal
BF – None
• Ornamental – or pure luxury, incurred for convenience and enjoyment of the
possessor.
GF – Limited Removal
BF – Limited Removal
• Deterioration or Loss
GF – not liable unless due to fraudulent intent or negligence
BF – always liable whether due to fault, negligence or fortuitous event
• EASTMENT OR SERVITUDE - It is an encumbrance imposed upon an immovable for

the benefit of: Another immovable belonging to a different owner; or A community or
one or more persons to whom the encumbered estate does not belong by virtue of
which the owner is obliged to abstain from doing or to permit a certain thing to be
done on his estate (Articles 613- 614, NCC).
• HOW EASEMENT IS ACQUIRED:

(i) If continuous and apparent
a. By title
b. By prescription—ten years
(ii) If discontinuous and apparent—only by title
(iii) If continuous and non-apparent—only by title
(iv) If discontinuous and non-apparent—only by title
• DOCTRINE OF APPARENT SIGN - This refers to easement by presumption. The

existence of apparent sign under Art. 624 is equivalent to a title.
(i) There must be apparent sign of easement between two estates.
(ii) Placed by the original owner of the two estates.
(iii) One or both estates have been alienated.
(iv) Nothing contrary to the easement should have been stated in the deed of
conveyance, neither was the sign removed.
• RULES FOR ESTABLISHING RIGHT OF WAY:

(i) Estate is surrounded by other immovables without adequate access to public
highway;
(ii) Isolation was not due to own act;
(iii) Payment of proper indemnity;
(iv) Must be established at the point least prejudicial to the servient estate. Insofar
as consistent with the first rule, where the distance from the dominant estate to a
public highway is shortest.
• MODES OF ACQUIRING OWNERSHP

• Occupation, • Intellectual creation,
• Law, • Prescription and
• Donation, • Succession
• Tradition,
15
charges.
• DONATION - Donation is an act of pure liberality whereby a person disposes
gratuitously of a thing or right in favor of another who accepts it (Article 725, NCC).
• FORMALITY
(i) Inter Vivos
Movable – exceeds Php5,000, donation & 748 NCC); Php 5,000 or less,
property may be donated orally with simultaneous delivery of the
thingacceptance must be in writing (Art
Immovable – donation and acceptance must be in a public instrument (Art 749)
(ii) Mortis Causa – formalities of will (Art 728 NCC)
(iii) Onerous – formalities of ordinary contracts (Art 733)
(iv) Propter Nuptias – formalities of donation intervivos, except if future property
which must follow formalities of will (Art 84 FC)
• PRESCRIPTION - By PRESCRIPTION one acquires ownership and other real rights

through the lapse of time in the manner and under the conditions laid down by law.
In the same way, right and actions are lost by prescription. (Art. 1106 NCC)
• IMPRESCRIPTIBLE ACTIONS
- To demand a right of way (Art 649)
- To bring an action to abate a public or private nuisance (Art 11430
- To quiet title (when plaintiff is in possession)
- To demand partition in coownership or to enforce and express trust
- To probate a will
- To declare an inexistent or void contract
• QUIETING OF TITLE - Quieting of title is a common law remedy for the removal of
any cloud upon or doubt or uncertainty with respect to title to real property. Its
purpose is to secure an adjudication that a claim of title to or an interest in property,
adverse to that of the complainant, is invalid, so that the complainant and those
claiming under him may be forever afterward free from any danger of hostile claim.
• RECONVEYANCE VS. QUIETING - An action for reconveyance is one that seeks to

transfer property, wrongfully registered by another, to its rightful and legal owner.
Reconveyance is an action distinct from an action for quieting of title, which is filed
whenever there is a cloud on title to real property or any interest therein, by reason
of any instrument, record, claim, encumbrance or proceeding which is apparently
valid or effective but is in truth and in fact, invalid, ineffective, voidable, or
unenforceable, and may be prejudicial to said title for purposes of removing such
cloud or to quiet title.
ACTIONS TO RECOVER POSESSION OF REAL PROPERTY

(The Heirs of Alfredo Cullado Vs. Gutierrez, G.R. No. 212938, July 30, 2019, En
Banc)
• The three usual actions to recover possession of real property are:
1. Accion interdictal or a summary ejectment proceeding, which may be either for
forcible entry (detentacion) or unlawful detainer (desahucio), for the recovery of
physical or material possession (possession de facto) where the dispossession has
not lasted for more than one year, and should be brought in the proper inferior court;
2. Accion publiciana or the plenary action to recover the better right of possession
(possession de jure), which should be brought in the proper inferior court or Regional
Trial Court (depending upon the value of the property) when the dispossession has
lasted for more than one year (or for less than a year in cases other than those
mentioned in Rule 70 of the Rules of Court); and
3. Accion reivindicatoria or accion de reivindicacion or reivindicatory action, which
is an action for recovery of ownership which must be brought in the proper inferior
court or Regional Trial Court (depending upon the value of the property).
16
charges.
• Forcible entry and unlawful detainer cases are governed by the rules on summary
procedure. The judgment rendered in an action for forcible entry or unlawful detainer
is conclusive with respect to the possession only, it will not bind the title or affect the
ownership of the land or building, and will not bar an action between the same parties
respecting title to the land or building. When the issue of ownership is raised by the
defendant in his pleadings and the question of possession cannot be resolved without
deciding the issue of ownership, the issue of ownership shall be resolved only to
determine the issue of possession.
• When the ejectment court thus resolves the issue of ownership based on a certificate
of title to determine the issue of possession, the question is posed: is this a situation
where the Torrens title is being subjected to a collateral attack proscribed by Section
48 of Presidential Decree No. (PD) 1529 or the Property Registration Decree, viz.: "A
certificate of title shall not be subject to collateral attack. It cannot be altered, modified,
or cancelled except in a direct proceeding in accordance with law."
o The answer to this is "No" because there is no real attack, whether direct or
collateral, on the certificate of title in question for the simple reason that the
resolution by the ejectment court cannot alter, modify, or cancel the certificate of
title.
• Thus, the issue of whether the attack on a Torrens title is collateral or direct is
immaterial in forcible entry and unlawful detainer cases because the resolution of the
issue of ownership is allowed by the Rules of Court on a provisional basis only. To
repeat: when the issue of ownership is raised by the defendant in his pleadings and
the question of possession cannot be resolved without deciding the issue of
ownership, the issue of ownership shall be resolved only to determine the issue of
possession.
• The issue in an accion publiciana is the "better right of possession" of real property
independently of title. This "better right of possession" may or may not proceed from a
Torrens title.
• The Court has recognized two approaches in dealing with the claim of ownership
raised in the defendant's answer in an accion publiciana, namely:
(1) to allow the provisional resolution of the issue of ownership to determine the
"better right of possession," or
(2) not to allow its resolution because the accion publiciana court is bereft of
jurisdiction to rule with finality on the issue of ownership and the attack on a
certificate of title is deemed a collateral one that is therefore proscribed.
TORRENS TITLE/ TORRENS SYSTEM (Heirs of Cullado, supra.)

• Torrens system refers to the system of land registration in the Philippines.
• The bedrock of the Torrens system is the indefeasibility and incontrovertibility of a land
title where there can be full faith reliance thereon.
• The Government has adopted the Torrens system due to its being the most effective
measure to guarantee the integrity of land titles and to protect their indefeasibility once
the claim of ownership is established and recognized.
• To the registered owner, the Torrens system gives him complete peace of mind, in
order that he will be secured in his ownership as long as he has not voluntarily
disposed of any right over the covered land.
• On the part of a person transacting with a registered land, like a purchaser, he can rely
on the registered owner's title and he should not run the risk of being told later that his
acquisition or transaction was ineffectual after all, which will not only be unfair to him,
but will also erode public confidence in the system and will force land transactions to
be attended by complicated and not necessarily conclusive investigations and proof of
ownership.
• Registration under the Torrens system is not one of the modes of acquiring ownership
and does not create or vest title or ownership. The Torrens certificate of title is just an
evidence of ownership or title in the realty technically described therein. Thus, the
issuance of the Torrens or certificate of title does not preclude the possibility that
persons not named in the certificate may be co-owners with the person named therein,
or that the registered owner may be holding the property in trust for another person.
17
charges.
MIRROR DOCTRINE
• The real purpose of the Torrens system of registration is to quiet title to land and to put
a stop to any question of legality of the title except claims which have been recorded in
the certificate of title at the time of registration or which may arise subsequent thereto.
As a consequence, the mirror doctrine provides that every person dealing with
registered land may safely rely on the correctness of the certificate of title issued
therefor and is in no way obliged to go beyond the certificate to determine the
condition of the property.
REGALIAN DOCTRINE
• The Regalian doctrine has long been recognized as the foundation of the State's
property regime and has been consistently adopted under the 1935, 1973, and 1987
Constitutions.
• In essence, the Regalian doctrine espouses that lands not appearing to be clearly
under private ownership are generally presumed to form part of the public domain
belonging to the State.
• This general rule admits of a single exception: native title to land. Claims of private
ownership pursuant to native title are presumed to have been held even before the
Spanish conquest. Thus, lands subject of native titles are deemed excluded from the
mass of lands forming part of the public domain. (Republic vs. PRCI, G.R. No. 213207.
February 15, 2022, En Banc)
RECONSTITUTION OF TITLE - is the restoration of the instrument or title allegedly lost or

destroyed in its original form and condition.
JURISDICTIONAL REQUIREMENTS: (i) publication; (ii) posting, and (iii) service of notice.
The jurisdictional requirements are mandatory. They provide constructive notice to the
whole world of the in rem reconstitution proceedings.
ALIENABLE AND DISPOSABLE LAND

• Agricultural land, the only classification of land which may be classified as alienable
and disposable under the 1987 Philippine Constitution, may still be reserved for public
or quasi-public purposes which would prohibit the alienation or disposition of such
land. xxx Thus, to be alienable and disposable, lands of the public domain must be
expressly declared as alienable and disposable by executive or administrative
proclamation pursuant to law or by an Act of Congress. (In Re: Application for Land
Registration, Dumo vs. Republic, G.R. No. 218269, June 06, 2018)
• The classification or reclassification of public lands into alienable or disposable,
mineral, or forest lands is a prerogative of the Executive Department of the
government and not the courts.
JUDICIAL CONFIRMATION OF IMPERFECT TITLE – RA 11573

• RA 11573 took effect on September 1, 2021
• RA 11573 was passed with the intention of improving the confirmation process for
imperfect land titles. Among the changes introduced by RA 11573 is the amendment
of Section 14 of PD 1529, thus:
SEC. 6. Section 14 of [PD 1529 is hereby amended to read as follows:
"SECTION 14. Who may apply. — The following persons may file at any time, in the
proper Regional Trial Court in the province where the land is located, an application for
registration of title to land, not exceeding twelve (12) hectares, whether personally or
through their duly authorized representatives:
"(1) Those who by themselves or through their predecessors-in-interest have been in
open, continuous, exclusive and notorious possession and occupation of alienable and
disposable lands of the public domain not covered by existing certificates of title or
patents under a bona fide claim of ownership for at least twenty (20) years immediately
preceding the filing of the application for confirmation of title except when prevented by
war or force majeure. They shall be conclusively presumed to have performed all the
conditions essential to a Government grant and shall be entitled to a certificate of title
under this section.
18
charges.
"(2) Those who have acquired ownership of private lands or abandoned riverbeds by
right of accession or accretion under the provisions of existing laws.
"(3) Those who have acquired ownership of land in any other manner provided for
by law.
"Where the land is owned in common, all the co-owners shall file the application
jointly.
"Where the land has been sold under pacto de retro, the vendor a retro may file an
application for the original registration of the land: Provided, however, That should
the period for redemption expire during the pendency of the registration proceedings
and ownership to the property consolidated in the vendee a retro, the latter shall be
substituted for the applicant and may continue the proceedings.
"A trustee on behalf of the principal may apply for original registration of any land
held in trust by the trustee, unless prohibited by the instrument creating the trust."
• Section 6 of RA 11573 shortens the period of possession. Instead of requiring
applicants to establish their possession from "June 12, 1945, or earlier", the new
Section 14(1) only requires proof of possession "at least twenty (20) years
immediately preceding the filing of the application for confirmation of title except
when prevented by war or force majeure."
• New Section 14(1) which expressly states that upon proof of possession of alienable
and disposable lands of the public domain for the period and in the manner required
under said provision, the applicant/s "shall be conclusively presumed to have
performed all the conditions essential to a Government grant and shall be entitled to
a certificate of title under this section." This final proviso unequivocally confirms that
the classification of land as alienable and disposable immediately places it within the
commerce of man, and renders it susceptible to private acquisition through adverse
possession.
• The final proviso thus clarifies that for purposes of confirmation of title under PD
1529, no further "express government manifestation that said land constitutes
patrimonial property, or is 'no longer retained' by the State for public use, public
service, or the development of national wealth" shall henceforth be required. This
harmonizes the language of PD 1529 with the body of principles governing property
of public dominion and patrimonial property in the Civil Code. Through the final
proviso, any confusion which may have resulted from the wholesale adoption of the
second Malabanan requirement has been addressed.
• Property not previously utilized by the State for some public purpose
o Once property of public dominion is classified by the State as alienable and
disposable land of the public domain, it immediately becomes open to private
acquisition, since "[a]lienable lands of the public domain x x x [form] part of the
patrimonial [property] of the State."
o The operative act which converts property of public dominion to patrimonial
property is its classification as alienable and disposable land of the public
domain, as this classification precisely serves as the manifestation of the
State's lack of intent to retain the same for some public use or purpose.
• Property subject of the application had been previously utilized by the State for
some public purpose
o Proof of conversion requires the establishment of a positive fact — the
abandonment by the State of its use and the consequent withdrawal of the
property from the public dominion. To establish this positive fact, it becomes
incumbent upon the applicant to present an express government manifestation
that the land subject of his application already constitutes patrimonial property,
or is no longer retained for some public purpose. (2nd Malabanan requirement)
RETROACTIVITY OF LAW (Retroactive application of RA 11573)

• RA 11573 took effect on September 1, 2021, or fifteen (15) days after its publication
on August 16, 2021.102 Notably, RA 11573 does not expressly provide for its
retroactive application.
19
charges.
• As a general rule, laws shall have no retroactive effect, unless the contrary is
provided. However, this rule is subject to certain recognized exceptions, as when the
statute in question is curative in nature, or creates new rights, thus: As a general rule,
laws have no retroactive effect. But there are certain recognized exceptions, such as
when they are remedial or procedural in nature.
• This Court explained this exception in the following language: "It is true that under the
Civil Code of the Philippines, '(l)aws shall have no retroactive effect, unless the
contrary is provided.' But there are settled exceptions to this general rule; such as
when the statute is CURATIVE or REMEDIAL in nature or when it CREATES NEW
RIGHTS.["]
• Curative statutes are those which undertake to cure errors and irregularities, thereby
validating judicial or administrative proceedings, acts of public officers, or private
deeds and contracts which otherwise would not produce their intended consequences
by reason of some statutory disability or failure to comply with some technical
requirement.
• Curative statutes are "healing acts curing defects and adding to the means of
enforcing existing obligations and are intended to supply defects, abridge superfluities
in existing laws, and curb certain evils. By their very nature, curative statutes are
retroactive x x x (and) reach back to past events to correct errors or irregularities and
to render valid and effective attempted acts which would be otherwise ineffective for
the purpose the parties intended."
• While a law creating new rights may be given retroactive effect, this can only be done
if the new right does not prejudice or impair any vested rights.
• On this basis, the Court finds that RA 11573, particularly Section 6 (amending Section
14 of PD 1529) and Section 7 (prescribing the required proof of land classification
status), may operate retroactively to cover applications for land registration pending
as of September 1, 2021, or the date when RA 11573 took effect.
• The curative nature of RA 11573 can easily be discerned from its declared purpose,
that is, "to simplify, update and harmonize similar and related provisions of land laws
in order to simplify and remove ambiguity in its interpretation and implementation."108
Moreover, by shortening the period of adverse possession required for confirmation of
title to twenty (20) years prior to filing (as opposed to possession since June 12, 1945
or earlier), the amendment implemented through Section 6 of RA 11573 effectively
created a new right in favor of those who have been in possession of alienable and
disposable land for the shortened period provided. The retroactive application of this
shortened period does not impair vested rights, as RA 11573 simply operates to
confirm the title of applicants whose ownership already existed prior to its enactment.
ASSURANCE FUND - is the special fund which is created under the Torrens system for
the compensation of certain persons for losses sustained by operations under the system.
ACTION OF COMPENSATION FROM ASSURANCE FUND - action is civil in character

and may be in the form of the ordinary complaint for damages. The action for recovery of
damages from the Assurance Fund may be availed of in case of insolvency of the party
who procured the wrongful registration.
• REQUISITES:
(i) That a person sustains loss or damage, or is deprived of any estate or interest in
land
(ii) On account of the bringing of land under the operation of the Torrens system
arising after original registration,
(iii) Through fraud, error, omission, mistake or misdescription in a certificate of title
or entry or memorandum in the registration book,
(iv) Without negligence on his part, and
(v) He is barred or precluded from bringing an action for the recovery of such land
or estate or interest therein.
(vi) The action has not prescribed - 6 years from the time the right to bring such
action first accrued: (Sec. 102)
20
charges.
TESTAMENTARY SUCCESSION
• WILLS - A will is an act whereby a person is permitted, with the formalities prescribed
by law, to control to a certain degree the disposition of his estate, to take effect after his
death. Strictly personal; Unilateral and individual act; Formal and solemn; Mortis causa;
Ambulatory and revocable.
• TESTAMENTARY CAPACITY - Refers to the ability as well as the power to make a will.
All persons not expressly prohibited by law, 18 years old and above and of Sound mind.
o Sound Mind - To be of sound mind, it is not necessary that the testator be in full
possession of all his reasoning faculties, or that his mind be wholly unbroken,
unimpaired, or unshattered by disease, injury or other cause. (Article 799 NCC)
• KINDS OF WILLS: Notarial will (Articles 804-806, & 807-808 in special cases) and
Holographic (Articles 804 & 810). Common requirements that apply to the 2 kinds of
wills - In writing, and In a language or dialect known to the testator.
• REQUISITES OF VALID HOLOGRAPHIC WILL:

(i) In writing;
(ii) Executed in a language or dialect known to the testator;
(iii) Entirely written, dated & signed by the hand of the testator himself.
• REQUISITES FOR VALID NOTARIAL WILL:

(i) In writing
(ii) Executed in a language or dialect known to the testator
(iii) Subscribed by the testator himself or by the testator’s name written by some other
person in his presence & under his express direction at the end thereof, at the
presence of witnesses;
(iv) Attested & subscribed by at least 3 credible witnesses in the presence of the
testator and of one another;
(v) Each & every page must be signed by the testator or by the person requested by
him to write his name, & by instrumental witnesses in the presence of each other,
on the left margin (location of marginal signature on the left margin is directory, but
marginal signature is mandatory);
(vi) Each & every page of the will must be numbered correlatively in letters placed on
the upper part of each page (page number on each and every page is mandatory,
its location on upper part is directory);
(vii) Must contain an attestation clause;
(viii) Must be acknowledged before a notary public.
The attestation shall state:
(i) the number of pages used upon which the will is written, and
(ii) the fact that the testator signed the will and every page thereof, or caused
some other person to write his name, under his express direction, in the
presence of the instrumental witnesses, and
(iii) that the latter witnessed and signed the will and all the pages thereof in the
presence of the testator and of one another. If the attestation clause is in a
language not known to the witnesses, it shall be interpreted to them. Xxx
In the matter of the petition for the probate of the will of Consuelo Santiago Garcia vs.
Natividad Garcia Santos | G.R. No. 204793, June 8, 2020, J. Hernando
• The attestation must state the number of pages used upon which the will is written. The
purpose of the law is to make falsification of a will more difficult.
• The Court adopted a more liberal approach and allowed probate, even if the number of
pages of the will was mentioned in the last part of the body of the will and not in the
attestation clause. This is based on the substantial compliance rule under Article 809 of
the Civil Code. Art 809 - In the absence of bad faith, forgery, or fraud, or undue and
improper pressure and influence, defects and imperfections in the form of attestation or
in the language used therein shall not render the will invalid if it is proved that the will
was in fact executed and attested in substantial compliance with all the requirements of
Article 805.
21
charges.
• There is substantial compliance if the total number of pages it is stated elsewhere
in the will, like in the acknowledgement portion. The Acknowledgement portion of
the will supplied the omission by stating that the will has five pages, to wit: Ang
HULING HABILING ito ay binubuo ng lima (5) na dahon, kasama ang dahong
kinaroroonan ng Pagpapatunay at Pagpapatotoong ito.”
• LAWYERS are not disqualified from being witnesses to a will. Article 820
provides that “any person of sound mind and of age of eighteen years of more,
and not blind, deaf or dumb, and able to read and write, may be a witness to the
execution of a will mentioned in Article 805 of this Code.”
IRON-CURTAIN RULE & THE SUCCESSIONAL RIGHTS OF NON-MARITAL CHILD

(AQUINO V. AQUINO, G.R. NO. 208912 and 209018, DECEMBER 7, 2021, En Banc)
• Iron-curtain rule - Article 992. An illegitimate child has no right to inherit ab
intestato from the legitimate children and relatives of his father or mother; nor
shall such children or relatives inherit in the same manner from the illegitimate
child.
• The Iron Curtain Rule, embodied in Article 992 of the Civil Code, creates an
absolute bar that operates bilaterally. It prohibits an illegitimate child to succeed
intestate from the legitimate descendants, and collateral relative of his legitimate
parent, and vice versa.
• In Aquino, the SC adopted a construction of Article 992 that makes children,
regardless of the circumstances of their births, qualified to inherit from their direct
ascendants—such as their grandparent—by their right of representation.
• Accordingly, when a nonmarital child seeks to represent their deceased parent to
succeed in their grandparent's estate, Article 982 of the Civil Code shall apply.
Article 982 provides:
ARTICLE 982. The grandchildren and other descendants shall inherit by right of
representation, and if any one of them should have died, leaving several heirs,
the portion pertaining to him shall be divided among the latter in equal portions.
• The language of Article 982 does not make any distinctions or qualifications as to
the birth status of the "grandchildren and other descendants" granted the right of
representation.
• Applying Article 982 in situations where the grandchild's right to inherit from their
grandparent is in issue is more in accord with our State policy of protecting
children's best interests and our responsibility of complying with the United
Nations Convention on the Rights of the Child.
• The ruling will only apply when the nonmarital child has a right of representation
to their parent's share in her grandparent's legitime. It is silent on collateral
relatives where the nonmarital child may inherit by themself.
• No ruling yet on the extent of the right of a nonmarital child to inherit in their own
right. Those will be the subject of a proper case and, if so minded, may also be
the subject of more enlightened and informed future legislation.
LEGITIME
• is that part of the testator’s property which he cannot dispose of because the law
has reserved it for certain heirs who are called compulsory heirs (Article 886
NCC)
• COMPULSORY HEIRS – are those for whom the law has reserved a portion of
the testator’s estate which is known as the legitime.
(i) Legitimate children and descendants
(ii) Surviving spouse
(iii) Illegitimate children & descendants,
(iv) Legitimate parents & other legitimate ascendants
(v) Illegitimate parents
22
charges.
• RULES ON LEGITIME
o Legitimate child/children always get ½ of estate
o Legitimate parents always get ½ (if not excluded by legit child)
o No representation in the ascending line
o Legitime of spouse is same as 1 legit child, except when there is only one child,
give ¼ taken from free portion
o Get legitime of illegitimate children from free portion after surviving spouse is paid
o Never reduce the legitime of legitimate children and surviving spouse because
they are the preferred compulsory heirs.
o Legitime of illegitimate children will be reduced pro-rata and without preference
among them if the estate is insufficient
LEGAL SUCCESSION or INTESTATE SUCCESSION

• That kind of succession prescribed by law (and presumed by it to be the desire of the
deceased) which takes place when the expressed will of the decedent has not been
set down in a will.
• INTESTATE HEIRS
(i) Legitimate children or descendants
(ii) Illegitimate children or descendants
(iii) Legitimate parents or ascendants
(iv) Illegitimate parents
(v) Surviving spouse
(vi) Brothers and sisters, nephews and nieces
(vii) Other collateral relatives up to the 5th degree
(viii) The State
• IMPORTANT RULES IN LEGAL SUCCESSION/ INTESTACY

- EXCLUSION AND CONCURRENCE - Intestacy operates on the same principles
as succession to the legitime. There are two principles, operating sometimes
simultaneously, sometimes singly: exclusion and concurrence.
- THE RULE OF PROXIMITY OF DEGREE - Relatives nearer or nearest in degree
exclude the more distant ones, saving the right of representation when proper.
- THE RULE OF PREFERENCE OF LINES – The three lines of relationship are:
the descending; the ascending; and the collateral. The law lays down an order
of preference among these lines, such that the descending excludes the
ascending and the collateral, and the ascending excludes and collateral.
- THE RULE OF EQUALITY AMONG RELATIVES OF THE SAME DEGREE –
Relatives in the same degree inherit in equal shares.
• SHARING IN INTESTATE SUCCESSION

• Legitimate children alone – All
• Legitimate children – Surviving spouse – SS gets the same share as one
legitimate child. If there is only one child, they divide 1/2, 1/2.
• Legitimate children and illegitimate children – Proportion of 10-5, provided the
legitimes of the legitimate children are not impaired.
• Legitimate children – illegitimate children – surviving spouse.
• Legitimate children and illegitimate children – Proportion of 10-5
• Surviving spouse – Same share as one legitimate child
• One legitimate child – surviving spouse – illegitimate children:
o One legitimate child - ½
o Surviving spouse - ¼
o Illegitimate children - ¼
• Illegitimate child alone – All.
• Illegitimate children and surviving spouse – 1/2, ½
• Surviving spouse alone – All.
• Legitimate parents alone – All.
• Legitimate parents, surviving spouse, illegitimate children – 1/2, 1/4, 1/4.
23
charges.
***Remember that when there are legitimate children, ascendants are excluded.
• Legitimate parents and illegitimate children – 1/2, ½
• Surviving spouse and illegitimate parents – 1/2, ½
• Surviving spouse and illegitimate parents – 1/2, ½
• Illegitimate parents alone – All.
• Surviving spouse, brothers and sisters – 1/2, ½
• Brothers and sisters, nephews and nieces – All, subject to the rule of proximity &
representation
• Other collaterals – All.
o Nearer excludes the farther.
o Does not extend beyond 5th degree.
• State – All
Treyes v Larlar, G.R. No. 232579, September 08, 2020, En Banc

• The rules laid down in previous jurisprudence which requires a prior determination of
heirship in a separate special proceeding as a prerequisite before one can file an
ordinary civil action to enforce ownership rights acquired by virtue of succession, is
abandoned.
• The rule is: unless there is a pending special proceeding for the settlement of the
decedent's estate or for the determination of heirship, the compulsory or intestate heirs
may commence an ordinary civil action to declare the nullity of a deed or instrument,
and for recovery of property, or any other action in the enforcement of their ownership
rights acquired by virtue of succession, without the necessity of a prior and separate
judicial declaration of their status as such. The ruling of the trial court shall only be in
relation to the cause of action of the ordinary civil action, i.e., the nullification of a deed
or instrument, and recovery or reconveyance of property, which ruling is binding only
between and among the parties.
OBLIGATIONS AND CONTRACTS

• ESSENTIAL ELEMENTS OF OBLIGATIONS
(i) Juridical tie or vinculum juris – the efficient cause established by the various
sources of obligations (law, contracts, quasi-contracts, delicts and quasi-delicts);
(ii) Object – the prestation or the particular conduct required to be observed by the
debtor (to give, to do or not to do);
(iii) Active subject (oblige or creditor) – the person who can demand the fulfillment
of the obligation;
(iv) Passive subject (obligor or debtor) – the person from whom the obligation is
juridically demandable.
• SOURCES OF OBLIGATION (EXCLUSIVE) – Law; Contract; Quasi-contract; Delict;

Quasi-delict.
• BREACH OF OBLIGATION - Those who in the performance of their obligations are

guilty of FRAUD, NEGLIGENCE, or DELAY, and those who in any manner
CONTRAVENE THE TENOR thereof, are LIABLE FOR DAMAGES without need for a
contractual stipulation or prior agreement.
• FORTUITOUS EVENTS - No person shall be responsible for those events which, could
not be foreseen (accident) or which though foreseen were inevitable (force majeure).
Except in cases:
(i) Expressly specified by law (i.e. delay);
(ii) When it is otherwise declared by stipulation, or
(iii) When the nature of the obligation requires the assumption of risk (Article 1174
NCC)
Requisites: The event must be independent of the will of the debtor; The event must be
either unforeseeable or inevitable; The event must have prevented the debtor from
complying with his obligation in a normal manner; The debtor must be free from any
participation in the aggravation of the injury resulting to the creditor.
24
charges.
• JOINT AND SOLIDARY OBLIGATION
o Joint Obligations - Each of the debtors liable only for their proportionate share of the
debt; Each of the creditors entitled only for their proportionate part of the credit from
each debtor; The whole obligation is to be paid or fulfilled proportionately by different
debtors or demanded proportionately by different creditors.
o Solidary Obligation - Each one of the debtors is bound to render and/or each one of
the creditors has a right to demand entire compliance with the prestation.
• PRESUMED JOINT - Obligation is presumed joint if there is concurrence of several creditors
OR of several debtors OR of several creditors and debtors in one and the same obligation.
Exceptions:
(i) The obligation expressly states that there is solidarity: Jointly and severally;
Individually and collectively; “I promise to pay” followed by the signatures of two or
more persons.
(ii) The law requires solidarity - tort, quasi-contracts, liability of principals, accomplices
and accessories of a felony, obligations of devisees and legatees, bailees in
commodatum
(iii) Nature of the obligation requires solidarity.
(iv) When a charge or condition is imposed upon heirs of legatees, and the testament
expressly makes the charge or condition in solidum.
(v) When a solidary responsibility is imputed by a final judgment upon several defendants.
• MODES OF EXTINGUISHMENT OF OBLIGATIONS:

(i) Payment/performance
(ii) Loss of the thing due
(iii) Condonation or remission of debt
(iv) Confusion or merger
(v) Compensation
(vi) Novation
(vii) Annulment, Rescission, Fulfillment of a resolutory condition, Prescription.
• LOSS OF THE THING DUE - An obligation which consists in the delivery of a determinate
thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and
before he has incurred in delay. (Article 1262 NCC)
• Exceptions:
(i) When the law so provides
(ii) When the stipulation so provides
(iii) When the nature of the obligation requires an assumption of risk
(iv) Loss of the thing is partly due to the fault of the debtor
(v) Loss of the thing occurs after the debtor incurred in delay
(vi) When the debtor promised to deliver the same thing to two persons who do not
have the same interest;
(vii) When the obligation to deliver arises from a criminal offense; and
(viii) When the obligation is generic
• A thing is lost “when it perishes, or goes out of commerce, or disappears in such a way
that its existence is unknown or (even if known) it cannot be recovered”. (Art 1189
NCC) In obligations to do, the equivalent term of loss is “impossibility”.
• COMPENSATION - Compensation shall take place when two persons, in their own right, are
creditors and debtors of each other (Article 1278 NCC); Mode of extinguishing in the
concurrent amount of the obligation of those persons who are reciprocally debtors and
creditors of each other. Compensation may be total if two debts are of the same amount, or
partial if two debts vary in amounts – compensation shall only be to the extent of the
concurrent amount.
• REQUISITES OF LEGAL COMPENSATION

(i) The parties must be creditors and debtors of each other in their own right.
(ii) The parties must be bound principally.
(iii) Both debts consist of a sum of money, or if the things due are consumable, they be of
the same kind, and also the same quality if the latter has been stated.
(iv) Both debts must be due, liquidated and demandable.
(v) Over neither of them there be retention or controversy, commenced by third persons
and communicated in due time to the debtor
25
charges.
• NOVATION - is a change in any of the elements of an obligation. It is EXTINCTIVE when the
old obligation is extinguished by the creation of a new one that takes place of the former, or
MODIFICATORY, when the old obligation subsists, as amended, to the extent it remains
compatible with the novatory agreement.
• CONTRACT - is a meeting of minds between two persons whereby one binds himself, with
respect to the other, to give something or to render some service.
• Perfection - The contract is perfected (birth of contract) in consensual contracts at the
moment there is meeting of minds upon the object and the cause thereof. In real
contracts, it is perfected upon delivery of thing which is the object thereof.
• ESSENTIAL ELEMENTS OF CONTRACTS – those without which there can be no contract
(Art. 1318) -
(i) Consent;
(ii) Object or subject matter;
(iii) Cause or consideration
• FORMS OF CONTRACTS - Contracts shall be obligatory, in whatever form they may have
been entered into, provided all the essential requisites for their validity are present (Article 1356
NCC). Exceptions:
(i) When the law requires that the contract be in a certain form to be valid (Art. 1356)
(ii) When law requires that the contract be in a certain form to be enforceable (Statute of
Frauds)
(iii) When required to make the contract effective as against third parties (Art. 1357-1358)
VOID VOIDABLE RESCISSIBLE UNENFORCEABLE

As to cause of defect
Defect is caused by
excess or lack of
Defect is caused by Defect is caused by
Defect is caused by authority, does not
lacking absolutely vitiation of consent or
injury/damage either to comply with the
either in fact or in law in the legal capacity of
one of the parties or to Statute of Frauds, or
one or some of the one of the contracting
a third person both contracting
elements of validity parties
parties are legally
incapacitated.
As to effect
Valid and enforceable Valid and enforceable
GR: does not produce Cannot be enforced by
until annulled by a until rescinded by a
any legal effect a proper action in court
competent court competent court
As to prescription
Corresponding action
Action/defense for the Action for annulment for recovery if there
declaration of nullity or or defense of Action for rescission was total or partial
inexistence does not annullability may may prescribe performance under No.
prescribe prescribe 1 or 3 of Art. 1403 may
prescribe
As to curability
Not cured by Cured by prescription Cured by prescription Not cured by
prescription prescription
As to ratification
Cannot be ratified Can be ratified Need not be ratified Can be ratified
As to challenging party
Assailed by a Assailed only by a Assailed by a Assailed only by a
contracting party or a contracting party contracting party or a contracting party
third party whose third party who is
rights are directly prejudiced or damaged
affected. by the contract
Direct or collateral attack
Direct or collateral Direct Direct Direct or collateral
26
charges.
STATUTE OF FRAUDS
• Article 1403(2) of the Civil Code, otherwise known as the Statute of Frauds,
requires that covered transactions must be reduced into writing; otherwise, the
same would be unenforceable by action. In other words, a sale of real property
must be evidenced by a written document as an oral sale of immovable property
is unenforceable.
• This does not necessarily mean that oral contracts of sale of real property are
void or invalid. We have held that failure to observe the prescribed form of
contracts does not invalidate the transaction.
• The form prescribed by law is for evidentiary purposes, non-compliance of which
does not make the contract void or voidable, but only renders the contract
unenforceable by any action. In fact contracts which do not comply with the
Statute of Frauds are ratified by the failure of the parties to object to the
presentation of oral evidence to prove the same, or by an acceptance of benefits
under them.
• Further, the Statute of Frauds is confined to executory contracts where there is
a wide field for fraud as there is no palpable evidence of the intention of the
contracting parties. It has no application to executed contracts because the
exclusion of parol evidence would promote fraud or bad faith as it would allow
parties to keep the benefits derived from the transaction and at the same time
evade the obligations imposed therefrom.
• Statute of Frauds is inapplicable in the verbal sale that had already been partially
or fully consummated upon receipt by the seller of payment from the buyer. (The
Heirs of Anselma Godines v. Demaymay, G.R. No. 230573, June 28, 2021, J.
Hernando)
VOID CONTRACT/ ABSOLUTELY SIMULATED

• If any one party to a supposed contract was already dead at the time of its
execution, such contract is undoubtedly simulated and false, and, therefore, null
and void by reason of its having been made after the death of the party who
appears as one of the contracting parties therein. (Arakor Construction and Devt.
Corp. v. Sta. Maria, G.R. No. 215006, January 11, 2021, J. Hernando)
ACTION TO ASSAIL A VOID CONTRACT IS IMPRESCRIPTIBLE

• In actions for reconveyance of property predicated on the fact that the
conveyance complained of was null and void ab initio, a claim of prescription of
action would be unavailing. "The action or defense for the declaration of the
inexistence of a contract does not prescribe."
• Laches cannot prevail over the law that actions to assail a void contract are
imprescriptible it being based on equity.
• Laches is a doctrine in equity and our courts are basically courts of law and not
courts of equity. Equity, which has been aptly described as "justice outside
legality," should be applied only in the absence of, and never against, statutory
law.
SPECIAL CONTRACTS
MACEDA LAW
• All transactions or contracts involving the sale or financing of real estate on
installment payments, including residential condominium apartments [Sec. 3,
Maceda Law]; Excluding - Industrial Lots, Commercial Buildings, Sales to tenants
under R.A. No. 3844, as amended by R.A. No. 6389.
• Rights of buyer after paying installment for at least 2 years
o Buyer is entitled to a mandatory grace period of 1 month for every year of
installment to pay unpaid installment without interest.
27
charges.
o If buyer fails to pay at expiration of grace period, seller may cancel contract
after 30 days from notice of cancellation through NOTARIAL NOTICE OF
CANCELLATION.
o After the lapse of the grace period, seller may cancel the contract provided he
pays the buyer the CASH SURRENDER VALUE which is equivalent to 50% of
all payments, and after five years of installment an additional 5% for every year
but not to exceed 90% of total payments made.
o The cancellation of the contract takes effect 30 days from service of notarial
notice of cancellation and upon payment of the cash surrender value
• Section 4 of RA 6552 requires four (4) conditions before the seller may actually
cancel the contract with the defaulting buyer who has paid less than two years of
installments in a purchase of real property:
o first, the defaulting buyer has paid less than two (2) years of installments;
o second, the seller must give such defaulting buyer a sixty (60)-day grace
period, reckoned from the date the installment became due;
o third, if the buyer fails to pay the installments due at the expiration of the said
grace period, the seller must give the buyer a notice of cancellation and/or a
demand for rescission by notarial act; and
o fourth, the seller may actually cancel the contract only after the lapse of thirty
(30) days from the buyer's receipt of the said notice of cancellation and/or
demand for rescission by notarial act.
• Stipulation in any contract which is contrary to the provisions of Maceda Law shall
be declared null and void. [Sec. 7, Maceda Law]
• Other Rights of a Buyer
o To sell or assign his rights to another person. [Sec. 5, Maceda Law]
o The buyer shall have the right to reinstate the contract by updating the account
during the grace period and before actual cancellation of the contract. [Sec. 5,
Maceda Law]. The deed of sale or assignment shall be done by notarial act.
o The buyer shall have the right to pay in advance any installment or the full
unpaid balance of the purchase price any time without interest and to have
such full payment of the purchase price annotated in the certificate of title
covering the property. [Sec. 6, Maceda Law]
• A notarial rescission contemplated under RA 6552 is a unilateral cancellation by a
seller of a perfected contract thereunder acknowledged by a notary public and
accompanied by competent evidence of identity. This notarial notice of rescission
has peculiar technical requirements.
• While this buyer's option to claim refund is not explicitly mentioned in RA 6552,
equity considerations have already filled up this legal vacuum as declared in Orbe.
In the said case, the buyer therein failed to make at least two years of installment
payments in consideration of a purchase of a lot. The seller, however, failed to
cancel their contract through a valid notarial act and sold the lot in issue to a third
person. The Court, finding the provisions of RA 6552 applicable to the transaction,
ordered the refund of the amounts actually paid by the buyer, justifying the same
with equitable reasons as laid out by relevant jurisprudence. (Pryce Properties Corp.
v. Nolasco, G.R. No. 203990, August 24, 2020, J. Hernando)
REAL ESTATE MORTGAGE

• An irregular notarization (of Deed of Mortgage) merely reduces the evidentiary value
of a document to that of a private document, which requires proof of its due
execution and authenticity to be admissible as evidence. The irregular notarization
— or, for that matter, the lack of notarization — does not thus necessarily affect the
validity of the contract reflected in the document.
• Errors in, or even absence of, notarization on a deed of mortgage will not invalidate
an already perfected mortgage agreement. If anything, these would only depreciate
the evidentiary value of the said written deed, as the same would be demoted from a
public document to a private one.
28
charges.
• Article 2085 of the Civil Code specifies the elements of valid contracts of
mortgage:
(1) That they be constituted to secure the fulfillment of a principal obligation;
(2) That the x x x mortgagor be the absolute owner of the thing x x x mortgaged;
(3) That the persons constituting the x x x mortgage have the free disposal of
their property, and in the absence thereof, that they be legally authorized for
the purpose.
• Article 2125 of the same law adds a fourth requirement, the absence of which,
however, shall not affect the validity of the agreement between the mortgagor and
the mortgagee: Art. 2125. In addition to the requisites stated in [A]rticle 2085, it is
indispensable, in order that a mortgage may be validly constituted, that the
document in which it appears be recorded in the Registry of Property. If the
instrument is not recorded, the mortgage is nevertheless binding between the
parties. (Pastora Ganancial vs. Betty Cabugao
G.R. No. 203348, July 06, 2020, J. Hernando)
REDEMPTION
• For there to be a valid extension of the redemption period, two requisites must be
established: (a) voluntary agreement of the parties to extend the redemption
period; and (b) the debtor's commitment to pay the redemption price on a fixed
date. A valid extension must be made before the expiration of the redemption
period.
• The purchaser of a foreclosed property in a public auction becomes the absolute
owner of the property upon expiration of the redemption period without a valid
redemption exercised by the mortgagor. (Integrated Credit and Corporate
Services v. Cabreza et al., G.R. No. 203420, February 15, 2021, J. Hernando)
CONTRACT OF SALE
• Despite not being denominated as a "Deed of Sale," a contract is what the law
defines it to be, and not what the contracting parties call it. Article 1458 of the Civil
Code defines a contract of sale to be a contract where "one of the contracting
parties obligates himself to transfer the ownership and to deliver a determinate
thing, and the other to pay therefor a price certain in money or its equivalent." The
essential elements of a contract of sale are: (a) consent; (b) object; and (c) price in
money or its equivalent. (Integrated Credit and Corporate Services v. Cabreza et
al., G.R. No. 203420, February 15, 2021, J. Hernando)
EQUITABLE MORTGAGE
• Art. 1602. The contract shall be presumed to be an equitable mortgage, in any of
the following cases:
1. When the price of a sale with a right to repurchase is unusually inadequate;
2. When the vendor remains in possession as lessee or otherwise;
3. When upon or after the expiration of the right to repurchase another
instrument extending the period of redemption or granting a new period is
executed;
4. When the purchaser retains for himself a part of the purchase price;
5. When the vendor binds himself to pay the taxes on the thing sold;
6. In any other case where it may be fairly inferred that the real intention of the
parties is that the transaction shall secure the payment of a debt or the
performance of any other obligation.
• Prohibition against pactum commissorium in Article 2088 of the Civil Code - The
creditor cannot appropriate the things given by way of pledge or mortgage, or
dispose of them. Any stipulation to the contrary is null and void.
• The mortgagee's consolidation of ownership over the mortgaged property upon the
mortgagor's mere failure to pay the obligation is the essence of pactum
commissorium.
29
charges.
• The mortgagor's default does not operate to automatically vest on the mortgagee the
ownership of the encumbered property. Such arrangements as contrary to morals and
public policy and thus void. If a mortgagee in equity desires to obtain title to a
mortgaged property, the mortgagee's proper remedy is to cause the foreclosure of the
mortgage in equity and buy it at a foreclosure sale.
• Having proceeded to cause the cancellation of the mortgagors’ title to the mortgaged
property and its transfer to his name without availing of the remedy of foreclosure, the
mortgagee have dabbled in the prohibited practice of pactum commissorium. The
transaction is consequently rendered void, and title to the subject property should be
reverted to the mortgagors. (ARTURO A. DACQUEL vs. SPOUSES SOTELO, G.R. No.
203946. August 04, 2021, J. Hernando)
DONATION
• Donation is an act of liberality whereby a person disposes gratuitously of a thing or right
in favor of another, who accepts it. An agreement between the donor and the donee is
essential like in any other contract.
• As such, the requisites of a valid contract under Article 1318 of the Civil Code must
concur, namely: (1) consent of the contracting parties, that is consent to donate the
subject land to petitioners; (2) object certain which is the subject matter of the contract;
(3) cause of the obligation which is established.
• Consent is absent in the instant case. Respondents did not give their consent to the
donation of their land to petitioners. Hence, no valid donation had transpired between
the parties.
• The Deed of Donation is an absolute nullity hence it is subject to attack at any time. Its
defect, i.e., the absence of consent of respondents, is permanent and incurable by
ratification or prescription. In other words, the action is imprescriptible. This is in accord
with Article 1410 of the Civil Code which states that an action to declare the inexistence
of a void contract does not prescribe.
• Since the Deed of Donation is void ab initio due to the illegality in its execution, the
disputed land is deemed to be simply held by petitioners in trust for respondents who
are the real owners.
• The well-settled rule is that "[a]s long as the land wrongfully registered under the
Torrens system is still in the name of the person who caused such registration, an
action in personam will lie to compel him to reconvey the property to the real owner."
(Lauro Cardinez vs. Spouses Prudencio and Cresencia Cardinez, G.R. no. 213001,
August 04, 2021, J. Hernando)
LOAN
• One of the parties delivers to another, either something not consumable so that the
latter may use the same for a certain time and return it, in which case the contract is
called a commodatum; or money or other consumable thing, upon the condition that the
same amount of the same kind and quality shall be paid, in which case the contract is
simply called a loan or mutuum.
• RULES ON INTEREST
- When obligation breached is Monetary Obligation, ex. Loans of forbearance
of money:
(i) Interest due shall be that stipulated in writing;
(ii) Interest due shall earn legal interest of 6% from date of judicial demand (filing
of the case)
(iii) If no stipulation in writing, interest shall be 6% per annum to be computed
from default (either failure to pay upon extra-judicial demand or upon judicial
demand whichever is appropriate and subject to the provisions of Article 1169
of the Civil Code)
- When obligation breached is Non-Monetary Obligation
(i) If already liquidated, rate of interest shall be 6% per annum, demandable
from date of judicial or extra-judicial demand (Article 1169, Civil Code)
(ii) If unliquidated, no interest. Except: When later on established with certainty.
Interest shall still be 6% per annum demandable from the date of judgment
because on such date, it is already deemed that the amount of damages is
already ascertained.
30
charges.
ACCELLERATION CLAUSE
• An acceleration clause is a provision in a contract wherein, should the debtor
default, the entire obligation shall become due and demandable. This Court has
held that acceleration clauses are valid and produce legal effect.
• Acceleration clauses in loans for a fixed term give creditors a choice to: (1) defer
collection of any unpaid amounts until the period ends; or (2) invoke the clause and
collect the entire demandable amount immediately. This right to choose is
meaningless if the obligation is made demandable only when the term expires.
(Gotesco Properties, Inc. vs. International Exchange Bank (Now Union Bank of the
Philippines), G.R. No. 212262, August 26, 2020, En Banc)
AGENCY
• Article 1317 of the Civil Code provides that "a contract entered into in the name of
another by one who has no authority x x x shall be unenforceable, unless it is
ratified, expressly or impliedly, by the person on whose behalf it has been
executed x x x."
• Law and jurisprudence recognize actual authority and apparent authority.
• Apparent authority is based on the principle of estoppel. The Civil Code provides:
Article 1431. Through estoppel an admission or representation is rendered
conclusive upon the person making it, and cannot be denied or disproved as
against the person relying thereon.
• Article 1869. Agency may be express, or implied from the acts of the principal, from
his silence or lack of action, or his failure to repudiate the agency, knowing that
another person is acting on his behalf without authority. Agency may be oral,
unless the law requires a specific form. (Silva vs. Lo, G.R. No. 206667, June 23,
2021, J. Hernando)
DAMNUM ABSQUE INJURIA

• Damage without injury. The mere fact that the plaintiff suffered losses does not
give rise to a right to recover damages. To warrant the recovery of damages, there
must be both a right of action for a legal wrong inflicted by the defendant, and
damage resulting to the plaintiff therefrom. Wrong without damage, or damage
without wrong, does not constitute a cause of action, since damages are merely
part of the remedy allowed for the injury caused by a breach or wrong.
• "The underlying basis for the award of tort damages is the premise that an
individual was injured in contemplation of law; thus there must first be a breach
before damages may be awarded and the breach of such duty should be the
proximate cause of the injury." (Rico v. Union Bank of the Philippines, G.R. No.
210928, February 14, 2022, J. Hernando)
VICARIOUS LIABILITY OR DOCTRINE OF IMPUTED NEGLIGENCE

• Parents and other persons exercising parental authority shall be civilly liable for the
injuries and damages caused by acts or omissions of their unemancipated children
living in their company and under their parental authority subject to appropriate
defenses provided by law. Liability is due to failure to supervise in order to prevent
them from causing damage or injury.
• Defense: show he exercised the due diligence of a good father of a family.
BPI v. CBP and Citibank, G.R. No. 197593, October 12, 2020, J. Hernando
• The State in the performance of its governmental functions is liable only for the
tortuous acts of its special agents. On the other hand, the State becomes liable as
an ordinary employer when performing its proprietary functions.
• Establishment of a check clearing house is a governmental function. The State (or
the Central Bank of the Philippines) is liable only for the torts committed by its
employee when the latter acts as a special agent but not when the said employee
or official performs his or her functions that naturally pertain to his or her office.
31
charges.
o A special agent is defined as one who receives a definite and fixed order or
commission, foreign to the exercise of the duties of his office.
o Regular employees performing tasks pertaining to their offices, namely,
bookkeeping and janitorial-messenger are not special agents.
• Even assuming that clearing house is a proprietary function, CBP may be held
liable only as an ordinary employer under Article 2180 of the Civil Code for the
damages caused by their employees acting within the scope of their assigned
tasks.
o An act is deemed an assigned task if it is "done by an employee, in
furtherance of the interests of the employer or for the account of the employer
at the time of the infliction of the injury or damage."
o The employees’ fraudulent acts of tampering with and pilfering of documents
are not in furtherance of CBP's interests nor done for its account as the said
acts were unauthorized and unlawful.
o Also, petitioner BPI has the burden to prove that CBP employees’ fraudulent
acts were performed within the scope of their assigned tasks, which it failed to
do. It is only then that the presumption that CBP, as employer, was negligent
would arise which then compels CBP to show evidence that it exercised due
diligence in the selection and supervision of its employees.
Maitim v. Aguila, G.R. No. 218344, March 21, 2022, J. Hernando

• Jurisprudence has established that under Article 2180, "when an injury is caused by
the negligence of the employee, there instantly arises a presumption of law that
there was negligence on the part of the master or employer either in the selection of
the servant or employee, or in supervision over him after selection or both." "The
liability of the employer under Article 2180 is direct and immediate; it is not
conditioned upon prior recourse against the negligent employee and a prior showing
of the insolvency of such employee."
RES IPSA LOQUITUR

• Literally means "the thing or the transaction speaks for itself."
• It is a maxim for the rule that the fact of the occurrence of an injury, taken with the
surrounding circumstances, may permit an inference or raise a presumption of
negligence, or make out a plaintiff's prima facie case, and present a question of fact
for the defendant to meet with an explanation.
• “Where the thing which causes injury is shown to be under the management of the
defendant, and the accident is such as in the ordinary course of things does not
happen if those who have the management used proper care, it affords reasonable
evidence, in the absence of an explanation by the defendant, that the accident arose
from want of care.”
• Since it is clearly established that there was a vehicular accident that caused
injuries, then the rule on res ipsa loquitur shall apply. An inference of negligence on
the part of the driver, the person who controls the instrumentality (vehicle) causing
the injury, arises, and he has the burden of presenting proof to the contrary. If the
driver failed to discharge this burden, the presumption of negligence lodged towards
him shall stand. (Maitim v. Aguila, G.R. No. 218344, March 21, 2022, J. Hernando)
KINDS OF DAMAGES
• ACTUAL/COMPENSATORY DAMAGES - One is entitled to an adequate
compensation only for such pecuniary loss suffered by him as he has duly proved
except as provided by law or by stipulation.
- Extent and Measure of Damages In Contracts and Quasi Contracts (Art
2201)
(i) Obligor in good faith – Liable for damages that are natural and probable
consequences of the breach, and which the parties have foreseen.
(ii) Obligor in bad faith – Responsible for all damages which may be
reasonably attributed to the non-performance of the obligation.
32
charges.
- Morales v CA – award of attorney’s fees is the exception rather than the rule.
The power of the court to award attorney’s fees under Article 2208 of the Civil
Code demands factual, legal, and equitable justification; its basis cannot be left
to speculation and conjecture. The general rule is that attorney’s fees cannot be
recovered as part of damages because of the policy that no premium should be
placed on the right to litigate.
• MORAL DAMAGES - Moral damages are not punitive in nature but are designed to
compensate and alleviate the physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation,
and similar injury unjustly caused to a person.
- Article 2219. Moral damages may be recovered in the following and analogous
cases:
(1) A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;
(7) Libel, slander or any other form of defamation;
(8) Malicious prosecution;
(9) Acts mentioned in article 309;
(10) Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34, and
35.
- Juridical person is not entitled to moral damages. A corporation, being an
artificial person and having existence only in legal contemplation, cannot
experience physical sufferings, mental anguish, fright, serious anxiety, wounded
feelings, moral shock, or social humiliation which are basis of moral damages.
They can be experienced only by one having a nervous system; a corporation
has “no feelings, no emotions, no senses.
- The only exception to this rule is where the corporation has a good reputation
that is debased, resulting in its social humiliation.
• NOMINAL DAMAGES - Recoverable where a legal right is technically violated and

must be vindicated against an invasion that has produced no actual present loss of
any kind, or where, from the nature of the case, there has been some injury arising
from a breach of contract or legal duty but the amount thereof has not been or cannot
be shown.
• TEMPERATE DAMAGES - Temperate or moderate damages, which are more than

nominal but less than compensatory damages, may be recovered when the court
finds that some pecuniary loss has been suffered but its amount cannot, from the
nature of the case, be proved with certainty.
• LIQUIDATED DAMAGES - Liquidated damages are those agreed upon by the parties
to a contract, to be paid in case of breach thereof.
- Liquidated damages may be equitably reduced:
(i) In case of partial and irregular performance;
(ii) In case it is iniquitous or unconscionable.
• EXEMPLARY DAMAGES - Exemplary or corrective damages are imposed, by way of

example or correction for the public good, in addition to the moral, temperate,
liquidated, or compensatory damages.
- Conditions:
(i) By way of example or correction only in addition to compensatory, moral,
temperate, or liquidated damages.
(ii) Cannot be recovered as a matter of right.
(iii) Act must be accompanied by bad faith or done in a wanton, fraudulent,
oppressive, or malevolent manner.
33
charges.
DAMAGES IN CASE OF DEATH
• When death occurs due to negligent act or crime, the following damages may be
recovered:
a. Civil indemnity for death
b. Actual or compensatory damages
c. Moral damages
d. Exemplary damages
e. Attorney’s fees and expenses of litigation
f. Interest
g. Temperate damage in lieu of actual damages.
• The SC deems it necessary to delete the actual damages in the amount of
P29,000.00 and award P50,000.00 as temperate damages in lieu thereof in
conformity with prevailing jurisprudence that when the actual damages is less than
the sum allowed by the Court as temperate damages, now pegged at P50,000.00, the
award of temperate damages is justified in lieu of actual damages. (Prieto v Cajimat,
G.R. No. 214898. June 08, 2020, J. Hernando)
• The settled rule is that when actual damages proven by receipts during the trial
amount to less than the sum allowed by the Court as temperate damages, the award
of temperate damages is justified in lieu of actual damages which is of a lesser
amount. Conversely, if the amount of actual damages proven exceeds, then
temperate damages may no longer be awarded; actual damages based on the
receipts presented during trial should instead be granted.
o The rationale for this rule is that it would be anomalous and unfair for the
victim's heirs, who tried and succeeded in presenting receipts and other
evidence to prove actual damages, to receive an amount which is less than that
given as temperate damages to those who are not able to present any evidence
at all. (People v Racal, G.R. No. 224886, September 4, 2017, J. Peralta)
--- END ---
34
charges.

2023 Jurists Last Minute Tips in Civil Law

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2023 Jurists Last Minute Tips in Civil Law

Uploaded by

Copyright:

Available Formats

1

 LEX LOCI CELEBRATIONIS (Article 17 NCC) - The forms and solemnities of

 SUMMARY OF RULES (ARTICLES 14,15,16,17 NCC)

HUMAN RELATIONS/ ACTION FOR DAMAGES

PRINCIPLE OF ABUSE OF RIGHTS

PERSONS AND FAMILY RELATIONS

DECLARATION OF PRESUMPTIVE DEATH FOR PURPOSE OF RE-MARRIAGE

• EXCEPTION FROM MARRIAGE LICENSE REQUIREMENT

MARRIAGES SOLEMNIZED ABROAD

DIVORCE IN MIXED MARRIAGE

NO PRESCRIPTIVE PERIOD IN ASKING FOR DECLARATION OF NULLITY

FOUR CIRCUMSTANCES OF FRAUD (Article 46 FC)

GROUNDS FOR DENIAL OF ANNULMENT

LEGAL SEPARATION (Art. 55 FC)

GROUNDS FOR DENIAL OF LEGAL SEPARATION

PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

• ABSOLUTE COMMUNITY OF PROPERTY - A property regime wherein the

• SEPARATION OF PROPERTY AND ADMINISTRATION OF COMMON

• SUFFICIENT CAUSES FOR JUDICIAL SEPARATION OF PROPERTY (ART 135

• REGIME OF SEPARATION OF PROPERTY - The system of CSOP will govern

• Mandatory regime of complete separation of property – By failure of the

• PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE - Property regime of

PRESCRIPTIVE PERIOD IN CLAIMING FILIATION

WHO MAY IMPUGN LEGITIMACY? – HUSBAND.

GROUNDS TO IMPUGN LEGITIMACY: (ART 166 FC)

PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

 ACCESSION CONTINUA (incorporated or attached to the property) - The right

• ARTICLES 448, 449, 452, 454

• ACCESSION NATURAL - To the owners of lands adjoining the banks of rivers

• DECISIONS AFFECTING CO-OWNERSHIP

RULES ON EXPENSES & LOSSES IN POSSESSION

• EASTMENT OR SERVITUDE - It is an encumbrance imposed upon an immovable for

• HOW EASEMENT IS ACQUIRED:

• DOCTRINE OF APPARENT SIGN - This refers to easement by presumption. The

• RULES FOR ESTABLISHING RIGHT OF WAY:

• MODES OF ACQUIRING OWNERSHP

• PRESCRIPTION - By PRESCRIPTION one acquires ownership and other real rights

• RECONVEYANCE VS. QUIETING - An action for reconveyance is one that seeks to

ACTIONS TO RECOVER POSESSION OF REAL PROPERTY

TORRENS TITLE/ TORRENS SYSTEM (Heirs of Cullado, supra.)

RECONSTITUTION OF TITLE - is the restoration of the instrument or title allegedly lost or

ALIENABLE AND DISPOSABLE LAND

JUDICIAL CONFIRMATION OF IMPERFECT TITLE – RA 11573

RETROACTIVITY OF LAW (Retroactive application of RA 11573)

ACTION OF COMPENSATION FROM ASSURANCE FUND - action is civil in character

• REQUISITES OF VALID HOLOGRAPHIC WILL:

• REQUISITES FOR VALID NOTARIAL WILL:

IRON-CURTAIN RULE & THE SUCCESSIONAL RIGHTS OF NON-MARITAL CHILD

LEGAL SUCCESSION or INTESTATE SUCCESSION

• IMPORTANT RULES IN LEGAL SUCCESSION/ INTESTACY

• SHARING IN INTESTATE SUCCESSION

Treyes v Larlar, G.R. No. 232579, September 08, 2020, En Banc

OBLIGATIONS AND CONTRACTS

• SOURCES OF OBLIGATION (EXCLUSIVE) – Law; Contract; Quasi-contract; Delict;

• BREACH OF OBLIGATION - Those who in the performance of their obligations are

• MODES OF EXTINGUISHMENT OF OBLIGATIONS:

• REQUISITES OF LEGAL COMPENSATION

VOID VOIDABLE RESCISSIBLE UNENFORCEABLE

VOID CONTRACT/ ABSOLUTELY SIMULATED

ACTION TO ASSAIL A VOID CONTRACT IS IMPRESCRIPTIBLE

REAL ESTATE MORTGAGE

DAMNUM ABSQUE INJURIA

VICARIOUS LIABILITY OR DOCTRINE OF IMPUTED NEGLIGENCE

Maitim v. Aguila, G.R. No. 218344, March 21, 2022, J. Hernando