CIVIL LAW

The term civil law derives from the Latin ius

civile, the law applicable to all Roman cives or
citizens.
 What is Civil law?
/ˈsivil lô/

the system of law concerned with private relations

between members of a community rather than criminal,
military, or religious affairs.

the part of the legal system that relates to personal

matters, such as marriage and property, rather than
crime
ROME TO PH
ROME
ORIGIN OF
CIVIL LAW

PH
PEARL OF THE
ORIENT
 CIVIL LAW HISTORY
Its origins and model are to be found in the monumental compilation of
Roman law commissioned by the Emperor Justinian in the sixth century
CE.

Succeeding generations of legal scholars throughout Europe adapted the

principles of ancient Roman law in the Corpus iuris civilis to
contemporary needs. The civil law developed in continental Europe at
the same time and was applied in the colonies of European imperial
powers such as Spain and Portugal.
 HISTORY

CIVIL CODE NEW CIVIL FAMILY

OF SPAIN CODE CODE
1889 1950 1988
NEW CIVIL CODE
is strongly influenced by the Spanish Civil Code, which
was first enforced in 1889 within the Philippines, then a
colony of Spain.
NEW CIVIL CODE
In 1947, President Manuel Roxas created
a new Code Commission, this time
headed by the Jorge Bocobo.

The Commission completed the final draft

of the new Civil Code by December 1947,
and this was submitted to Congress, which
enacted it into law through Republic Act
No. 386. The Civil Code took effect in
1950.
 FAMILY CODE
Work on the Family Code had begun as early as
1979, and it had been drafted by two successive
committees, the first chaired by future Supreme
Court Justice Flerida Ruth Romero, and the second
chaired by former Supreme Court Justice J.B.L.
Reyes.

In 1987, President Corazon Aquino enacted into

law The Family Code of 1987, which was intended
to supplant Book I of the Civil Code concerning
persons and family relations.
 5 BOOKS OF CIVIL
LAW
ATTY. GUZMAN ATTY. PAULINO

01 Persons and Family Relations 02 Property

ATTY. EUSEBIO ATTY. OROGO

03 Obligations and Contracts 4-5 Special Contracts Torts and
Damages
 PERSONS

1 2 3 4
Definition Juridical Capacity Civil
Birth to Death
Kinds Capacity to Act Personality
What is a person?
A person is every physical or moral, real
or juridical and legal being susceptible of
rights and obligations or being the subject
of legal relations.

Kinds of Persons
Natural Person –Human beings and have
physical existence

Juridical Person – Artificial persons and

product of legal fiction
 JURIDICAL CAPACITY VS CAPACITY TO ACT

CA
JC
1. Power to do acts with
legal effect
1.Fitness to be the subject of 2. Acquired through
legal relation fulfillment of specific
2. Inherent legal activities
3.Loss only through death 3. Loss through death and
4. No limitations other causes
4. Limititations under art
38-39
 RESTRICTION ON THE
CAPACITY TO ACT
New Civil Code Art 38
● Minority
● Insanity
● Deaf-Mute
● Imbecility
● Civil Interdiction
 DETERMINATION OF PERSONALITY
NCC Art. 40

Birth determines personality but the conceived child shall be

considered born for all purposes that are favorable to it,
provided it is born later with conditions specified in Art 41.
 EFFECT OF DEATH
ON CIVIL PERSONALITY

Death extinguishes civil personality

Natural persons – by death

Juridical persons- by termination of existence

 FAMILY RELATIONS

1 2 3 4
Marriage vs Ordinary Essential and Formal Property Relation of
Status of Marriage
Contract Requisites Marriage
Marriage is a special contract of permanent union between a
man and a woman entered into in accordance with law for the
establishment of conjucal and family life. It is the foundation of
the family and inviolable social institution whose nature,
consequences and incidents are governed by law and not
subject to stipulations, except that marriage settlements may fix
the property relations during the marriage within the limits
provided by the Family Code.

—Family Code Art. 1

MARRIAGE VS ORDINARY CONTRACT

1. Mere contract
1. Special Contract 2. Free to stipulate
2. Not subject to stipulations 3. Minors may contract with
except property relations parents or guardians
3. Legal capacity is required 4. Two or more contracting
4. must be opposite sexes parties regardless of sex
5. dissolved by death or 5. Can be dissolved through
annulement law or expiration
 STATUS OF MARRIAGES
VALID
requisites for a valid marriage are provided by
law at the time of the celebration of marriage
VOID
unlawful or invalid marriage under the laws of the
jurisdiction where it is entered
one that is void and invalid from its beginning
VOIDABLE
valid when entered into and remains completely
valid until a party obtains a court order nullifying the
relationship
 ESSENTIAL REQUISITES
FC ART. 2
1. Legal Capacity of Contracting Parties who must be a male
and a female; and

2. Consent Freely Given in the presence of a solemnizing

officer.
 FORMAL REQUISITES
FC ART. 3

1. Marriage Ceremony;

2. Authority of the Solemnizing Officer; and

3. Valid marriage License.

 EFFECT IN THE ABSENCE OF
REQUISITES

ABSENCES OF THE ESSENTIAL/FORMAL REQUISITES

VOID AB INITIO

A defect in any of the essential requisites shall not affect the

validity of the marriage but the party or parties responsible for the
irregularity shall be civilly, criminally and administratively liable. 
 VOID MARRIAGE
FC Art. 35
The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even
with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to
perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the
preceding Chapter;
 VOID MARRIAGE
FC Art. 35
The following marriages shall be void from the beginning:

(4) Those bigamous or polygamous marriages not failing under

Article 41;
(5) Those contracted through mistake of one contracting party as to
the identity of the other; and
(6) Those subsequent marriages that are void under Article 53
 VOID MARRIAGE
FC Art. 36.

A marriage contracted by any party who, at the time of the celebration,

was psychologically incapacitated to comply with the essential marital
obligations of marriage, shall likewise be void even if such incapacity
becomes manifest only after its solemnization.
 VOID MARRIAGE
FC Art. 37.

Marriages between the following are incestuous and void from the beginning,
whether relationship between the parties be legitimate or illegitimate:

Between ascendants and descendants of any degree; and

Between brothers and sisters, whether of the full or half blood.

 VOID MARRIAGE
BY REASON OF PUBLIC POLICY
FC Art. 38.
The following marriages shall be void from the beginning for
reasons of public policy:
(1) Between collateral blood relatives whether legitimate or
illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
 VOID MARRIAGE
BY REASON OF PUBLIC POLICY
(5) Between the surviving spouse of the adopting parent and the adopted
child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other,
killed that other person’s spouse, or his or her own spouse.
 VOIDABLE MARRIAGE
FC Art. 45.
A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years
of age or over but below twenty-one, and the marriage was solemnized without the consent
of the parents, guardian or person having substitute parental authority over the party, in that
order, unless after attaining the age of twenty-one, such party freely cohabited with the other
and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason, freely
cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with
full knowledge of the facts constituting the fraud, freely cohabited with the other as husband
and wife;
 VOIDABLE MARRIAGE
FC Art. 45.
A marriage may be annulled for any of the following causes, existing at the time
of the marriage:
(4) That the consent of either party was obtained by force, intimidation or
undue influence, unless the same having disappeared or ceased, such party
thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage
with the other, and such incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found
to be serious and appears to be incurable.
 LEGAL SEPARTION
Is a legal remedy for couples suffering from a problematic marriage.

The couple is allowed to live apart and separately own assets. However, legally
separated couples are not permitted to remarry, since their marriage is still considered
valid and subsisting.

Legal separation dissolves the property relations of the spouses and removes the guilty
party’s capacity to inherit from the innocent party. 
 LEGAL SEPARTION
FC Art. 55.
A petition for legal separation may be filed on any of the following grounds:
(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;
 LEGAL SEPARTION
FC Art. 55.
A petition for legal separation may be filed on any of the following grounds:
(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 for more than one year. without
justifiable cause
PROPERTY REGIME
marriage settlements may fix the property relations
during the marriage within the limits provided by the
Family Code.
 ABSOLUTE COMMUNITY OF
PROPERTY
This property regime pools the property of the husband and the wife together into one
common fund.

Both parties also have equal rights to the common fund. When married couples decide
to go separate says or dissolve their marriage, the property should be equally divided.
 ABSOLUTE COMMUNITY OF
FC Art. 90.
PROPERTY
The provisions on co-ownership shall apply to the absolute community of property between the spouses in all
matters.

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 provision of the Family Code or by the marriage settlement.

FC Art. 93 Presumption of inclusion in the absolute community

In absence of evidence, property acquired during the marriage is presumed to belong to the community, unless
otherwise by strong and convincing evidence.
 ABSOLUTE COMMUNITY OF
Properties included:
PROPERTY
1. All the properties owned at the time of celebration of marriage and acquired thereafter;
2. Properties acquired during the marriage by gratuitous title, if expressly made to form; part by it;
3. Jewelry or properties with monetary value; and
4. Winnings in gambling.

Properties excluded:

5. Properties acquired during marriage by gratuitous title and its fruits unless the grantor expressly
provides otherwise;
6. Properties for personal and exclusive use of either spouse;
7. Properties acquired before marriage; and
8. Those excluded by the marriage settlement.
 REGIME OF SEPARATION OF
FC Art. 106.
PROPERTY
Under the regime of conjugal partnership of gains, the husband and wife place in a common fund
the
1. proceeds, products, fruits and income from their separate properties and
2. those acquired by either or both spouses through their efforts or by chance, and,

upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either
or both spouses shall be divided equally between them, unless otherwise agreed in the marriage
settlements.
 REGIME OF SEPARATION OF
PROPERTY
each one of the spouses owns his or her exclusive properties, from both present and
future property, including the ones they already own prior to getting married.

If couples choose this property relation or regime, the means for supporting their family
is through the use of common fund. The contribution of each part will depend on their
income capacity.
 REGIME OF SEPARATION OF
PROPERTY
FC ART. 109 Exclusive Properties of the Spouses

1. Those brought into the marriage as his/her own;

2. Those acquired during the marriage by gratuitous title;
3. Those acquired by right of redemption, barter or exchange with exclusive
property; and
4. That purchased with exclusive money of either spouse
 CONJUGAL PARTNERSHIP PROPERTY
Almost similar to Absolute Community of Property except that there is a
difference in how the properties are acquired by each party prior to getting
married.

The properties produced during the marriage will go to the common fund or
the Conjugal Property where both spouses have equal rights.
 CONJUGAL PARTNERSHIP PROPERTY
FC Art. 116:

All property acquired during the marriage, whether the acquisition appears to have been
made, contracted or registered in the name of one or both spouses, is presumed to be
conjugal unless the contrary is proved. 
 CONJUGAL PARTNERSHIP PROPERTY

FC Art. 117:
The following are conjugal partnership properties:
(1) Those acquired by onerous title during the marriage at the expense of the
common fund, whether the acquisition be for the partnership, or for only one of
the spouses;
(2) Those obtained from the labor, industry, work or profession of either or both
of the spouses;
(3) The fruits, natural, industrial, or civil, due or received during the marriage
from the common property, as well as the net fruits from the exclusive property
of each spouse;
 CONJUGAL PARTNERSHIP PROPERTY
FC Art. 117:
The following are conjugal partnership properties:
(4) The share of either spouse in the hidden treasure which the law awards to the
finder or owner of the property where the treasure is found;
(5) Those acquired through occupation such as fishing or hunting;
(6) Livestock existing upon the dissolution of the partnership in excess of the
number of each kind brought to the marriage by either spouse; and
(7) Those which are acquired by chance, such as winnings from gambling or
betting. However, losses therefrom shall be borne exclusively by the loser-
spouse.
 References
1. Family Code of 1988
2. Paras, Edgardo (2008). Civil Code of the Philippines Annotated. Manila:
Rex Bookstore.
3. Rabuya, Elmer T (2006). The Law on Persons and Family Relations.
Manila: Rex Bookstore.
4. Tolentino, Arturo (1990). Civil Code of the Philippines:Commentaries and
Jurisprudence, Vol. I. Philippines: Central Lawbook Publishing Co., Inc
5. https://www.law.berkeley.edu/wp-
content/uploads/2017/11/CommonLawCivilLawTraditions.pdf
(2021)
Property
 Definition of Property
 Things which are or may be the
object of appropriation are
considered property.

Refers to things which are

susceptible to appropriation and
already possessed and found in the
possession of man.
 Principal Classification of
Property
Under the New Civil Code, property may either be:

Immovable or Real Movable or Personal

Property Property
Classifications of Real or Immovable
Properties
CODE: NIDA
Nature Incorporation
01 Real property by nature 02 Real property by
incorporation

Destination Analogy
03 Real property by destination
04 Real property by Analogy
 01
Real Property by Nature
Those which by their very nature are immovable, i.e.,
(a) land, buildings, roads and construction of all kinds adhered to the soil;
(b) Mines, quarries, and slag dumps, while the matter thereof forms part of
the bed, and waters either running or stagnant.
 02
Real Property by Incorporation
Those which are attached to an immovable in a fixed manner.
 Land, buildings, roads, and constructions of all kinds adhered to the soil.
 Trees, plants, and growing fruits, while they are attached to the land or form an integral
part of an immovable.
 Everything attached to an immovable in fixed manner, in such a way that it cannot be
separated therefrom without breaking the material or deterioration of the object.
 Statues, reliefs, paintings, or other objects for use or ornamentation, placed in buildings
or lands by the owner of the immovable in such a manner that it reveals the intention to
attach them permanently.
 03
Real Property by Destination or Purpose
Those attached to an immovable in such manner that they constitute an ideal identity. (i.e.,
machinery used in a cement plant):
 Statues, reliefs, paintings, or other objects for use or ornamentation, placed in buildings
or lands by the owner of the immovable in such a manner that it reveals the intention to
attach them permanently;
 Machinery, receptacles, instruments or implements intended by the owner or works
which may be carried on in a building or on a piece of land and which tend directly to
meet the needs of the said industry or works;
 03
Real Property by Destination or Purpose
Those attached to an immovable in such manner that they constitute an ideal identity. (i.e.,
machinery used in a cement plant):
 Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature,
in case their owner has placed them or preserves them with the intention to have them
permanently attached to the land, and forming a permanent part of it; the animals in these
places are included;
 Fertilizers actually used on a piece of land.
 Mines, quarries, and slag dumps, while matter thereof forms part of the bed, and waters
either running or stagnant.
 Docks and structures, though floating are intended by their nature and object to remain at
fixed place on a river, lake or coast.
 04
Real Property by Analogy
This includes rights over immovable property (e.g., servitudes and contracts for public works.
 Contracts for public works, servitudes and other real rights over immovable property.

NOTE:
1. A building whether built on a rented land or not and whether it was built by the
owner of the land or not is Real Property.
2. A house is an immovable property but once demolished, it ceases to be an
Immovable Property.
3. A barong-barong cannot be considered immovable.
 Movable or Personal Property
 Those movables susceptible of
appropriation which are not
included in the preceding
article;
 Real property which by any
special provision of law is
considered as personal
property;
 Forces of nature which are
brought under control by
science;
 Movable or Personal Property
 In general, all things which can be
transported from place to place
without impairment of the real
property to which they are fixed.
 Obligations and actions which have
their object movables or
demandable sums; and
 Shares of stock or agricultural,
commercial, and industrial entities,
although they may have real estate.
Ownership
Refers to the right to enjoy and dispose of
a thing, without other limitations than
those established by law. (Art. 428, New
Civil Code)

Hence, the ownership is not absolute.

 Ownership Limitations
It may be restricted by the following limitations:
1. Limitations imposed by law:
a. Right of way
b. Easement of party wall
c. Easement of waters
2. Limitations imposed by the State:
a. Power of eminent domain
b. Police power
c. Power of taxation
3. Limitations imposed by the owner himself such as those arising
from a contract of mortgage, pledge or lease.
 Extent if Ownership
”Art. 437. the owner of a parcel of land is the owner of its surface and everything under it, and
he can construct thereon any works or make any plantations and excavations which may deem
proper, without detriment to servitudes and subject to special laws and ordinances. He cannot
complain of the reasonable requirements of aerial navigation.”

The owner of a parcel of land is the owner of its surface and of

everything under it subject only to the ff:
a) Servitudes
b) Special laws
c) Ordinances
d) Reasonable requirements of aerial navigation
e) The Latin maxim of Sic Utere Tuo Ut Alienum Non Laedas (enjoy
your own property in such a manner as not to injure that of
another person.)
 Ownership of a Hidden Treasure
Article 438 of the New Civil Code defines who is the owner of a hidden treasure.
“Art.438. Hidden treasure belongs to the owner of the land, building, or other property on
which it is found.”

Nevertheless, when the discovery is made on the property of

another, or of the state or any of its subdivision, and by
chance, one – half thereof shall be allowed to the finder. If the
finder is a trespasser, he shall not be entitled to any share of
the treasure.
If the things found be of interest to science or the arts, the
State may acquire them at their just price, which shall be
divided in conformity with the rule stated.”
 Definition of Hidden Treasure
”Art. 439. By treasure is understood, for legal purposes, any
hidden and unknown deposit of money, jewelry, or other
precious objects, the lawful ownership of which does not
appear.”
Succession
 Succession
Article 774 of the New Civil Code
defines succession as: “A mode of
acquisition by virtue of which the
property, rights and obligations to the
extent of the value of the inheritance,
of a person are transmitted through his
death to another or others either by his
will or by operation of law.”
 Succession
Succession has therefore the ff. elements:
 It is a mode of acquisition
 Property rights and obligations to the
extent of the value of the inheritance
of a person are transmitted to
another.
 The same are transmitted through
death; and
 The transmission is either by will or
by operation of law.
 Kinds of Succession
i. Testamentary Succession:
• Succession which results from the
designation of heir, made in a will
executed in the form of prescribed by
law. (Art.799,NCC)
ii. Legal or Intestate Succession:
• Succession prescribed by operation of
law and which takes place if a person
dies without a will, or he has a will but
the same is void or has subsequent lots
its validity.
iii. Mixed Succession
 What is a Will?
A will is an act whereby a person is
permitted, with the formalities prescribed by
law, to control a certain degree, the
disposition of his estate, to take effect after
his death.

All persons who are not expressly prohibited

by law can make a will.
 Wills Allowed Under the New
Civil Code
1. Ordinary or Notarial Will
- It is a will which attested and
acknowledged before a Notary
Public.
2. Holographic Will
- It is a will which is entirely written
dated and signed by the hand of the testator
himself. It is subject to no other form and be
made in or out of the Philippines, and need
not be witnessed.
 Characteristics of A Will
1. A will must comply with the formalities
of the law.
2. The making of a will is strictly a
personal act and cannot be left in whole
or in part to the discretion of a third
person nor can it be accomplished
through the instrumentality of an agent
or attorney.
3. It is a formal act because there are legal
formalities that should be complied with
 Characteristics of A Will
4. The will is effective only after the
death of the testator.
5. A will may be revoked by the testator at
any time before his death. Any waiver
or restriction of this kind is void.
6. The will must be executed voluntarily
and freely and without force, duress,
fear or threat. The same grounds for the
disallowance of the will.
 Requisites of Valid Will
1. It must be in writing and executed in the
language and dialect known to the testator.
2. The will must be subscribed at the end
thereof by the testator himself or the
testator’s name written by some other person
in his presence and his express direction.
(Art.805)
3. The will must be attested and subscribed by
three or more credible witnesses in the
presence of the testator and of one another.
(Art.805)
 Requisites of Valid Will
4. The testator or the person required by him to
write his name and the instrumental
witnesses of the will, shall also sign each
and every page thereof, except the last on
the left margin.
5. All the pages shall be numbered
correlatively in letters placed on the upper
part of each page.
 Requisites of Valid Will
6. The attestation shall state the number of
pages upon which the will is written, and the
fact that the testator signed the will and
every page thereof, or cause some other
person to write under his express direction,
in the presence of the instrumental witnesses
and all the pages thereof in the presence of
the testator and of one another.
 Requisites of Valid Will
7. If the attestation clause is in a language not known to
the witnesses, it shall be interpreted to them. The
attestation shall state:
a. The number and pages used and upon which
will is written
b. That the testator signed (or expressly caused
another person to sign) the will and every page
thereof in the presence of the instrumental
witnesses;
c. That the instrumental witnesses witnessed and
signed the will and all the pages thereof in the
presence of the testator and of one another.
 References:

 Suarez, R.A. (2017) Introduction to Law. Rex

Boostore, Inc.
 https://www.legalzoom.com/articles/what-makes-a-will
-invalid

 Atty. Aquino, D. R. C. (2017) Revised Edition

OBLIGATIONS AND
CONTRACTS
 01
OBLIGATIONS
 OBLIGATIONS

Art 1156.

An obligation is a juridical necessity to

give, to do, or not to do.
 ELEMENTS OF OBLIGATION

a) ACTIVE SUBJECT – the person who is demanding the performance of the obligation;
b)PASSIVE SUBJECT – the one bound to perform the prestation or to fulfill the obligation or duty;
c) PRESTATION –subject matter of the obligation;
d) EFFICIENT CAUSE – the JURIDICAL TIE which binds the parties to the obligation;
e) CAUSA (causa debendi/causa obligationes) - why obligation exists

Example
By virtue of a contract, Y obliged himself to transport 5 sacks of rice owned by X from
Mindoro to Bulacan for Php 5,000.00.
SOURCES OF OBLIGATION

Obligation arises from –

(1) law;
(2) contracts;
(3) quasi-contracts;
(4) acts or omissions punished by law;
(5) quasi-delicts.

—Article 1157, NCC

(1) LAW (Obligation ex lege) – imposed by law itself; must be expressly or
impliedly set forth and cannot be presumed [See Article 1158]

 
(2) CONTRACTS (Obligation ex contractu) – arise from stipulations of the parties:
meeting of the minds / formal agreement

(3) QUASI-CONTRACTS (Obligation ex quasi-contractu) – arise from lawful, voluntary

and unilateral acts and which are enforceable to the end that no one shall be unjustly
enriched or benefited at the expense of another
2 Kinds
3.1 Negotiorum gestio - unauthorized management;
3.2 Solutio indebiti - undue payment;

(4) DELICTS (Obligation ex maleficio or ex delicto) – arise from civil liability which is
the consequence of a criminal offense

(5) QUASI-DELICTS / TORTS (Obligation ex quasi-delicto or ex quasi-maleficio) –

arise from damage caused to another through an act or omission, there being no fault
or negligence, but no contractual relation exists between the parties [See Article 1162]
KINDS OF OBLIGATIONS

i. Demandability - pure, conditional or with a term

ii. Plurality of object - simple, alternative or facultative
iii. Plurality of subject - simple, joint or solidary
iv. Performance - divisible or indivisible
v. Sanctions for breach - with or without a penal clause
(1). Pure – demandable at once, no term, no condition
(2). Conditional - A condition is a future and an uncertain event or a past event
unknown to the parties
Kinds:
i. Suspensive – happening of condition gives rise to obligation
ii. Resolutory – happening of condition extinguishes obligation
iii. Potestative – dependent on sole will of 1 party;
if on part of debtor & suspensive - void
iv. Casual – dependent on chance or hazard
v. Mixed – chance, or any of parties
vi. With term
a) Positive – extinguished if time expires or indubitable of
condition to happen
b) Negative – effective from moment of time elapsed or evident
it can't happen
vii. Impossible and illegal
(3). With a period – future & certain, past & uncertain, payable when able

Kinds:
a. Resolutory ( in diem ) – takes effect at once but terminate upon arrival of
the day certain;
Day certain – that which must necessarily come, although it may not be
known when
b. Suspensive ( ex die ) – takes effect on the day stipulated

(4). Facultative – only one prestation has been agreed upon but another may be given
in substitution

(5). Alternative – bound by different prestations but only one is due

(6). Joint – presumption when 2 or more creditors or 2 or more debtors concur in one
and the same obligation

(7). Solidary – must be expressed in stipulation or provided by law or by nature of

obligation
(8). Divisible – obligation that is capable of partial performance
a. execution of certain no of days work
b. expressed by metrical units
c. nature of obligation – susceptible of partial fulfillment

(9). Indivisible – one not capable of partial performance

a. to give definite things
b. not susceptible of partial performance
c. provided by law
d. intention of parties

(10). With penal clause - an accessory undertaking to assume greater liability

in case of breach;
 02
CONTRACTS
 CONTRACTS
Article 1305. DEFINITION

It is a meeting of the minds between two persons

whereby one binds himself to give something or
render some service
PRINCIPAL CHARACTERISTICS

Autonomy of Wills
01 02 Mutuality

03 Obligatory Force 04 Relativity

 ELEMENTS OF OBLIGATION

1. Autonomy of wills – parties may stipulate anything as long as not illegal, immoral, etc.

2. Mutuality – performance or validity binds both parties; not left to will of one of parties

3. Obligatory Force – parties are bound from perfection of contract:

a. fulfill what has been expressly stipulated
b. all consequences w/c may be in keeping with good faith, usage & law

4. Relativity – binding only between the parties, their assigns, heirs; strangers cannot demand
enforcement
KINDS OF CONTRACTS

i. As to perfection or formation
ii. As to cause
iii. As to importance or dependence of one upon another
iv. As to parties obliged
v. As to name or designation:
 As to cause:

1. Onerous – with valuable consideration

2. Gratuitous – founded on liberality
3. Remunerative – prestation is given for service previously rendered not as obligation
As to importance or dependence of one upon another:

1. principal – contract may stand alone

2. accessory – depends on another contract for its existence; may not exist on its own
3. Preparatory – not an end by itself; a means through which future contracts may be
made
 As to name or designation:

1. Nominate
2. Innominate
a) Do ut des – I give that you may give
b) Do ut facias – I give that you may do
c) Facio ut des – I do that you may give
d) Facio ut facias – I do that you may do
 STAGES IN
CONTRACT

1 2 3
Preparation -
Perfection Consummation
Negotiation
 ESSENTIAL ELEMENTS

Consent
01 02 Object

03 Causa 04 Form
1. CONSENT – meeting of minds between parties on subject matter & cause of
contract; concurrence of offer & acceptance

2. OBJECT – The prestation

REQUISITES:
a) Within the commerce of man - either existing or in potency
b) Licit or not contrary to law, good customs
c) Possible
d) Determinate as to its kind or determinable w/o need to enter into a
new contract
e) Transmissible
3. CAUSA – reason why parties enter into contract
REQUISITES:
a) It must exist
b) It must be true
c) It must be licit

4. FORM – in some kind of contracts only as contracts are generally consensual; form is
a manner in which a contract is executed or manifested

a. Informal – may be entered into whatever form as long as there is consent,

object & cause
b. Formal – required by law to be in certain specified form such as: donation
of real property, stipulation to pay interest, transfer of large cattle,
sale of land thru agent, contract of antichresis, contract of partnership,
registration of chattel mortgage, donation of personal prop in excess of
5,000
c. Real – creation of real rights over immovable prop – must be written
Torts and
Damages
Quasi-delict is used to designate those obligations which do not arise from law,
contracts, quasi-contracts or criminal offences. The concept of liability in quasi-
delictual cases is embodied in Chapter 2, Title XVII of the Civil Code.

Article 2176 of the Civil Code which provides: Whoever by act or omission causes
damage to another, there being fault or negligence, is obliged to pay for the
damage done. Such fault or negligence, if there is no pre-existing contractual
relation between the parties, is called a quasi-delict and is governed by the
provisions of Chapter 2, Title XVII.

Liability for quasi-delict under this article requires the following conditions:
1. an unlawful act or omission amounting to a fault or negligence, imputable to the
defendant;
2. damage or injury to the plaintiff;
3. such damage or injury being the natural and probable, or direct and immediate
consequence of the defendant’s wrongful act or omission;
4. and there being no pre-existing contractual relation between the plaintiff and
defendant
 Civil Code
Article 2177. Responsibility for fault or negligence under the preceding
article is entirely separate and distinct from the civil liability arising from
negligence under the Penal Code. But the plaintiff cannot recover damages
twice for the same act or omission of the defendant.

Article 2178. The provisions of articles 1172 to 1174 are also applicable to

a quasi-delict.

Article 2179. When the plaintiff's own negligence was the immediate and
proximate cause of his injury, he cannot recover damages. But if his
negligence was only contributory, the immediate and proximate cause of
the injury being the defendant's lack of due care, the plaintiff may recover
damages, but the courts shall mitigate the damages to be awarded.
 Civil Code
Article 2177. Responsibility for fault or negligence under the preceding
article is entirely separate and distinct from the civil liability arising from
negligence under the Penal Code. But the plaintiff cannot recover damages
twice for the same act or omission of the defendant.

Article 2178. The provisions of articles 1172 to 1174 are also applicable to

a quasi-delict.

Article 2179. When the plaintiff's own negligence was the immediate and
proximate cause of his injury, he cannot recover damages. But if his
negligence was only contributory, the immediate and proximate cause of
the injury being the defendant's lack of due care, the plaintiff may recover
damages, but the courts shall mitigate the damages to be awarded.
 Civil Code
Article 2180. The obligation imposed by article 2176 is demandable not only for one's own acts or omissions, but also for those of
persons for whom one is responsible.

The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who
live in their company.

Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their
company.

The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the
service of the branches in which the latter are employed or on the occasion of their functions.

Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their
assigned tasks, even though the former are not engaged in any business or industry.

The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the
official to whom the task done properly pertains, in which case what is provided in article 2176 shall be applicable.

Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or
apprentices, so long as they remain in their custody.

The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence
of a good father of a family to prevent damage.
Proximate Cause
Proximate cause is defined as that which, in the natural and continuous
sequence, unbroken by any efficient intervening cause, produces the injury, and
without which the result would not have occurred
(Lambert v. Heirs of Castillon, G.R. No. 160709, February 23, 2005)

More comprehensively, the proximate legal cause is that acting first and
producing the injury, either immediately or by setting other events in motion, all
constituting a natural and continuous chain of events, each having a close
causal connection with its immediate predecessor, the final event in the chain
immediately effecting the injury as a natural and probable result of the cause
which first acted, under such circumstances that the person responsible for the
first event should, as an ordinary prudent and intelligent person, have
reasonable ground to expect at the moment of his act or default that an injury to
some person might probably result therefrom.
(McKee v. Intermediate Appellate Court, G.R. No. 68102, July 16, 1992; Vda. de Bataclan vs. Medina,
G.R. No. L-10126, October 22, 1957) 
Fault Distinguished From Negligence

Fault, in general, signifies a voluntary act or omission which causes damage to

the right of another giving rise to an obligation on the part of the actor to repair
such damage. Negligence is the failure to observe for the protection of the
interest of another person that degree of care, precaution and vigilance which
the circumstances justly demand.

Fault requires the execution of a positive act which causes damage to another
while negligence consists of the omission to do acts which result in damage to
another.

[Child Learning Center, Inc. vs. Tagario, G.R. No. 150920 | 2005-11-25]
 Negligence
Negligence is the omission to do something which a reasonable man, guided upon those considerations
which ordinarily regulate the conduct to human affairs, would do, or doing something which a prudent and
reasonable man would not do.

The whole theory of negligence presuppose some uniform standard of behavior which must be an external
and objective one, rather than the individual judgment good or bad, of the particular actor; it must be, as far
as possible, the same for all persons; and at the same time make proper allowance for the risk apparent to
the actor for his capacity to meet it, and for the circumstances under which he must act.

Negligence is the failure to observe for the protection of the interests of another person that degree of
care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers
injury.32 [see St. Martin Polyclinic Inc. vs. LWV Construction Corp., G.R. No. 217426, December 4, 2017]

Under Article 1173 of the Civil Code, it consists of the "omission of that diligence which is required by the
nature of the obligation and corresponds with the circumstances of the person, of the time and of the
place."33 The Civil Code makes liability for negligence clear under Article 2176, 34 and Article 20.35
 Negligence
To determine the existence of negligence, the following time-honored test has been set in Picart v. Smith:3
6

The test by which to determine the existence of negligence in a particular case may be stated as follows:
Did the defendant in doing the alleged negligent act use that reasonable care and caution which an
ordinarily prudent person would have used in the same situation? If not, then he is guilty of negligence. The
law here in effect adopts the standard supposed to be supplied by the imaginary conduct of the
discreet pater familias of the Roman law. The existence of negligence in a given case is not determined by
reference to the personal judgment of the actor in the situation before him. The law considers what would
be reckless, blameworthy, or negligent in the man of ordinary intelligence and prudence and determines
liability by that.

Pater Familias

This theory bases the liability of the master ultimately on his own negligence and not on that of his
servant.

(Bahia vs. Litonjua, 30 Phil., 624; Cangco vs. Manila Railroad Co. [1918], 38 Phil., 768)
 Negligence
Burden of proving negligence
 
Under our Rules of Evidence, it is disputably presumed that a person takes ordinary care of his
concerns and that private transactions have been fair and regular. In effect, negligence cannot
be presumed, and thus, must be proven by him who alleges it.
 
The negligence or fault should be clearly established as it is the basis of her action. The burden
of proof is upon [the plaintiff]. Section 1, Rule 131 of the Rules of Court provides that "burden of
proof is the duty of a party to present evidence on the facts in issue necessary to establish his
claim or defense by the amount of evidence required by law." It is then up for the plaintiff to
establish his cause of action or the defendant to establish his defense. Therefore, if the plaintiff
alleged in his complaint that he was damaged because of the negligent acts of the defendant, he
has the burden of proving such negligence. It is even presumed that a person takes ordinary
care of his concerns. The quantum of proof required is preponderance of evidence. 
 
[see St. Martin Polyclinic Inc. vs. LWV Construction Corp., G.R. No. 217426, December 4, 2017
citing Huang vs. Philippine Hoteliers, Inc., G.R. No. 180440, December 5, 2012]
Simple Negligence, Elements

The elements of simple negligence are: (1) that there is lack of

precaution on the part of the offender, and (2) that the damage
impending to be caused is not immediate or the danger is not
clearly manifest. 

[Jarcia and Bastan vs. People, G.R. No. 187926, February 15,
2012]
Gross Negligence Or Gross Neglect Of Duty

Gross neglect of duty or gross negligence refers to “negligence

characterized by the want of even slight care, acting or omitting to act in a
situation where there is a duty to act, not inadvertently but willfully and
intentionally, with a conscious indifference to consequences, insofar as
other persons may be affected. It is the omission of that care which even
inattentive and thoughtless men never fail to give to their own property. In
cases involving public officials, there is gross negligence when a breach of
duty is flagrant and palpable.”

[Civil Service Commission v. Rabang, G.R. No. 167763, March 14, 2008;
see also LBC Express vs Mateo, G.R. No. 168215, June 9, 2009]
Simple neglect of duty vs Gross neglect of duty

[Simple] neglect of duty is the failure of an employee to give one’s

attention to a task expected of him. Gross neglect, on the other hand, is
such neglect from the gravity of the case, or the frequency of instances,
becomes so serious in its character as to endanger or threaten the public
welfare. The term does not necessarily include willful neglect or
intentional official wrongdoing.”

[Report on the Alleged Spurious Bailbonds and Release Orders Issued by the
RTC, Branch 27, Sta. Cruz, Laguna, A.M. No. 04-6-332-RTC, April 5, 2006]
Concurring Negligence
There is concurrent negligence when the concurrent or successive negligent acts or
omission of two or more persons, although acting independently of each other, are, in
combination, the direct and proximate cause of a single injury to a third person and it is
impossible to determine in what proportion each contributed to the injury. (Philippine
National Construction Corp v. Court of Appeals, G.R. No. 159270, August 22, 2005)

Doctrine Of Comparative Negligence

The doctrine of comparative negligence allows a recovery by a plaintiff whose own act
contributed to his injury, provided his negligence was slight as compared with that of
the defendant. Some others have accepted the theory of proportional damages,
reducing the award to a plaintiff in proportion to his responsibility for the accident. (
M.H. Rakes vs. Atlantic Gulf & Pacific Company, G.R. No. 1719, January23, 1907)

The effect of the doctrine of comparative negligence is to diminish the damages

recoverable in proportion to the negligence of the injured person. ( Cerezo
vs. Atlantic Gulf & Pacific Company, G.R. No. 10107, February 4, 1916)
Damages
Damages

-the pecuniary compensation, recompense, or satisfaction for an injury sustained,

or as otherwise expressed, the pecuniary consequences which the law imposes for
the breach of some duty or the violation of some right.

[PEOPLE vs. Felipe Ballesteros, et al. G.R. No. 120921 | 1998-01-29]

Distinction between damages and injury.

Injury is the illegal invasion of a legal right; damage is the loss, hurt or harm
which results from the injury; and damages are the recompense or compensation
awarded for the damage suffered. Thus, there can be damage without injury in
those instances in which the loss or harm was not the result of a violation of
a legal duty. In such cases, the consequences must be borne by the injured
person alone; the law affords no remedy for damages resulting from an act which
does not amount to a legal injury or wrong. These situations are often called
damnum absque injuria.

[Antonio Diaz vs. Davao Light & Power Co., Inc., et al

G.R. No. 160959 | 2007-04-03]
Kinds of Damages (Article 2197 Civil Code)
(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.
Actual or compensatory damage
Except as provided by law or by stipulation, one is entitled to an
adequate compensation only for such pecuniary loss suffered by him as
he has duly proved.

Purpose
Actual or compensatory damages simply make good or replace the loss
caused by the wrong.

Manner of Determination
Claimant must produce competent proof or the best evidence obtainable
such as receipts to justify an award therefore. Actual or compensatory
damages cannot be presumed but must be proved with reasonable
certainty. (People v. Ereno, Feb. 22, 2000)
 Moral Damage
Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation,
wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary
computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act
for omission
Purpose
Awarded only to enable the injured party to obtain means, diversion or amusement that will alleviate the
moral suffering he has undergone, by reason of defendants culpable action. (Robleza v. CA, 174 SCRA
354)

Manner of Determination
No proof of pecuniary loss is necessary. The assessment is left to the discretion of the court according to
the circumstances of each case. However, there must be proof that the defendant caused physical suffering
etc. (Compania Maritima v. Allied Free Worker’s Union, G.R. No. L-31379, Aug. 29, 1988). GR:

Factual basis must be alleged. Aside from the need for the claimant to satisfactorily prove the existence of
the factual basis of the damages, it is also necessary to prove its causal relation to the defendant’s act
(Raagas v. Trava, G.R. No. L-20081, Feb. 27,1968; People v. Manero, G.R. Nos. 86883-85, Jan. 29, 1993).
Exception: Criminal cases. Moral damages may be awarded to the victim in criminal proceedings in
such amount as the court deems just without need for pleading or proof of the basis thereof (People v.
Paredes, July 30, 1998).
 Nominal Damage
Nominal damages are adjudicated in order that a right of the plaintiff, which has been
violated or invaded by the defendant, may be vindicated or recognized, and not for
the purpose of indemnifying the plaintiff for any loss suffered by him.

Purpose
Vindicating or recognizing the injured party’s right to a property that has been violated
or invaded. (Tan v. Bantegui, 473 SCRA 663)

 
Manner of Determination
No proof of pecuniary loss is necessary. Proof that a legal right has been violated is
what is only required. Usually awarded in the absence of proof of actual damages.
 Temperate or moderate 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 can not, from the nature of the case, be
provided with certainty.

Purpose
When the court is convinced that there has been such a loss, the judge is empowered
to calculate moderate damages rather than let the complainant suffer without redress.
(GSIS v. Labung-Deang, 365 SCRA 341)

Manner of Determination
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. No proof of
pecuniary loss is necessary.
 Liquidated damages
Liquidated damages are those agreed upon by the parties to a contract, to be
paid in case of breach thereof.

Purpose
Liquidated damages are frequently agreed upon by the parties, either by way of
penalty or in order to avoid controversy on the amount of damages.

Manner of Determination
If intended as a penalty in obligations with a penal cause, proof of actual damages
suffered by the creditor is not necessary in order that the penalty may be demanded
(Art. 1228, NCC). No proof of pecuniary loss is necessary.
 Exemplary or corrective 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

Purpose
Exemplary or corrective damages are intended to serve as a deterrent to serious wrongdoings.
(People v. Orilla, 422 SCRA 620)

 
Manner of Determination
1. That the claimant is entitled to moral, temperate or compensatory damages; and

2. That the crime was committed with 1 or more aggravating circumstances, or the quasi-­delict
‐
was committed with gross negligence, or in contracts and quasi-contracts the act must be
accompanied by bad faith or done in wanton, fraudulent, oppressive or malevolent manner. No
proof of pecuniary loss is necessary.